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House Study Bill 126 - IntroducedA Bill ForAn Act 1relating to the organization, structure, and
2functions of state government, providing for salaries of
3appointed state officers, providing for penalties, making
4appropriations, providing Code editor directives and
5transition provisions, and including applicability and
6effective date provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2DEPARTMENT OF HEALTH AND HUMAN SERVICES
3 Section 1. Section 2.56, subsection 5, Code 2023, is amended
4to read as follows:
55. The legislative services agency, in cooperation with
6the division of department of health and human services as the
7agency responsible for criminal and juvenile justice planning
8of the department of human rights, shall develop a protocol for
9analyzing the impact of the legislation on minorities.
10 Sec. 2. Section 7A.3, subsection 1, paragraph c, Code 2023,
11is amended to read as follows:
12c. Director of the department of health and human services.
13 Sec. 3. Section 7A.30, subsection 1, Code 2023, is amended
14to read as follows:
151. Each state board, commission, department, and division
16of state government and each institution under the control
17of the department of health and human services, the Iowa
18department of corrections and the state board of regents
19and each division of the state department of transportation
20are responsible for keeping a written, detailed, up-to-date
21inventory of all real and personal property belonging to the
22state and under their charge, control, and management. The
23inventories shall be in the form prescribed by the director of
24the department of administrative services.
25 Sec. 4. Section 7D.29, subsection 3, Code 2023, is amended
26to read as follows:
273. The executive council shall receive requests from the
28Iowa department of public health and human services relative
29to the purchase, storing, and distribution of vaccines and
30medication for prevention, prophylaxis, or treatment. Upon
31review and after compliance with subsection 2, the executive
32council may approve the request and may authorize payment
33of the necessary expense. The expense authorized by the
34executive council under this subsection shall be paid from the
35appropriations referred to in subsection 1.
-1-1 Sec. 5. Section 7E.5, subsection 1, Code 2023, is amended
2to read as follows:
31. The principal central departments of the executive
4branch as established by law are listed in this section for
5central reference purposes as follows:
6a. The department of management, created in section 8.4,
7which has primary responsibility for coordination of state
8policy planning, management of interagency programs, economic
9reports, and program development.
10b. The department of administrative services, created
11in section 8A.102, which has primary responsibility for the
12management and coordination of the major resources of state
13government.
14c. The department of revenue, created in section 421.2,
15which has primary responsibility for revenue collection and
16revenue law compliance.
17d. The department of inspections and appeals, created
18in section 10A.102, which has primary responsibility
19for coordinating the conducting of various inspections,
20investigations, appeals, hearings, and audits.
21e. The department of agriculture and land stewardship,
22created in section 159.2, which has primary responsibility
23for encouraging, promoting, and advancing the interests
24of agriculture and allied industries. The secretary of
25agriculture is the director of the department of agriculture
26and land stewardship.
27f. The department of commerce, created in section 546.2,
28which has primary responsibility for business and professional
29regulatory, service, and licensing functions.
30g. The economic development authority, created in section
3115.105, which has responsibility for ensuring that the
32economic development policies of the state are effectively and
33efficiently carried out.
34h. The department of workforce development, created
35in section 84A.1, which has primary responsibility for
-2-1administering the laws relating to unemployment compensation
2insurance, job placement and training, employment safety, labor
3standards, workers’ compensation, and related matters.
4i. The department of health and human services, created in
5section 217.1, which has primary responsibility for services
6to individuals to promote the well-being and the social and
7economic development of the people of the state;.
8j. The Iowa department of public health, created in chapter
9135, which has primary responsibility for supervision of public
10health programs, promotion of public hygiene and sanitation,
11treatment and prevention of substance abuse use disorder, and
12enforcement of related laws;.
13k. The department on aging, created in section 231.21,
14which has primary responsibility for leadership and program
15management for programs which serve the older individuals of
16the state; and for services relating to Latino persons, women,
17persons with disabilities, community action agencies, criminal
18and juvenile justice planning, African Americans, deaf and
19hard-of-hearing persons, persons of Asian and Pacific Islander
20heritage, and Native Americans.
21l. j. The department of cultural affairs, created in
22section 303.1, which has primary responsibility for managing
23the state’s interests in the areas of the arts, history, the
24state archives and records program, and other cultural matters.
25m. k. The department of education, created in section
26256.1, which has primary responsibility for supervising public
27education at the elementary and secondary levels and for
28supervising the community colleges.
29n. l. The department of corrections, created in section
30904.102, which has primary responsibility for corrections
31administration, corrections institutions, prison industries,
32and the development, funding, and monitoring of community-based
33corrections programs.
34o. m. The department of public safety, created in section
3580.1, which has primary responsibility for statewide law
-3-1enforcement and public safety programs that complement and
2supplement local law enforcement agencies and local inspection
3services.
4p. n. The department of public defense, created in section
529.1, which has primary responsibility for state military
6forces.
7q. o. The department of natural resources, created in
8section 455A.2, which has primary responsibility for state
9parks and forests, protecting the environment, and managing
10fish, wildlife, and land and water resources.
11r. p. The state department of transportation, created in
12section 307.2, which has primary responsibility for development
13and regulation of highway, railway, and air transportation
14throughout the state, including public transit.
15s. The department of human rights, created in section
16216A.1, which has primary responsibility for services relating
17to Latino persons, women, persons with disabilities, community
18action agencies, criminal and juvenile justice planning,
19African Americans, deaf and hard-of-hearing persons, persons of
20Asian and Pacific Islander heritage, and Native Americans.
21t. q. In the area of higher education, an agency headed by
22the state board of regents and including all the institutions
23administered by the state board of regents, which has primary
24responsibility for state involvement in higher education.
25u. r. The department for the blind, created in chapter
26216B, which has primary responsibility for services relating
27to blind persons.
28v. s. The department of veterans affairs. However, the
29commission of veterans affairs created in section 35A.2 shall
30have primary responsibility for state veterans affairs.
31w. t. The department of homeland security and emergency
32management, created in section 29C.5, which has primary
33responsibility for the administration of emergency planning
34matters, including emergency resource planning in this state,
35homeland security activities, and coordination of available
-4-1services and resources in the event of a disaster to include
2those services and resources of the federal government and
3private entities.
4 Sec. 6. Section 8.39, subsection 2, Code 2023, is amended
5to read as follows:
62. If the appropriation of a department, institution, or
7agency is insufficient to properly meet the legitimate expenses
8of the department, institution, or agency, the director, with
9the approval of the governor, may make an interdepartmental
10transfer from any other department, institution, or agency of
11the state having an appropriation in excess of its needs, of
12sufficient funds to meet that deficiency. Such transfer shall
13be to an appropriation made from the same funding source and
14within the same fiscal year. The amount of a transfer made
15from an appropriation under this subsection shall be limited
16to not more than one-tenth of one percent of the total of all
17appropriations made from the funding source of the transferred
18appropriation for the fiscal year in which the transfer is
19made. An interdepartmental transfer to an appropriation which
20is not an entitlement appropriation is not authorized when
21the general assembly is in regular session and, in addition,
22the sum of interdepartmental transfers in a fiscal year to an
23appropriation which is not an entitlement appropriation shall
24not exceed fifty percent of the amount of the appropriation
25as enacted by the general assembly. For the purposes of
26this subsection, an entitlement appropriation is a line item
27appropriation to the state public defender for indigent defense
28or to the department of health and human services for foster
29care, state supplementary assistance, or medical assistance, or
30for the family investment program.
31 Sec. 7. Section 8A.321, subsection 4, Code 2023, is amended
32to read as follows:
334. Contract, with the approval of the executive council,
34for the repair, remodeling, or, if the condition warrants,
35demolition of all buildings and grounds of the state at the
-5-1seat of government, at the state laboratories facility in
2Ankeny, and the institutions of the department of health and
3 human services and the department of corrections for which no
4specific appropriation has been made, if the cost of repair,
5remodeling, or demolition will not exceed one hundred thousand
6dollars when completed. The cost of repair projects for which
7no specific appropriation has been made shall be paid as an
8expense authorized by the executive council as provided in
9section 7D.29.
10 Sec. 8. Section 8A.362, subsection 8, Code 2023, is amended
11to read as follows:
128. All fuel used in state-assigned automobiles shall be
13purchased at cost from the various installations or garages
14of the state department of transportation, state board of
15regents, department of health and human services, or state
16motor pools throughout the state, unless the state-owned
17sources for the purchase of fuel are not reasonably accessible.
18If the director determines that state-owned sources for the
19purchase of fuel are not reasonably accessible, the director
20shall authorize the purchase of fuel from other sources. The
21director may prescribe a manner, other than the use of the
22revolving fund, in which the purchase of fuel from state-owned
23sources is charged to the state agency responsible for the
24use of the motor vehicle. The director shall prescribe the
25manner in which oil and other normal motor vehicle maintenance
26for state-owned motor vehicles may be purchased from private
27sources, if they cannot be reasonably obtained from a state
28motor pool. The director may advertise for bids and award
29contracts in accordance with competitive bidding procedures
30for items and services as provided in this subchapter for
31furnishing fuel, oil, grease, and vehicle replacement parts for
32all state-owned motor vehicles. The director and other state
33agencies, when advertising for bids for gasoline, shall also
34seek bids for ethanol blended gasoline.
35 Sec. 9. Section 8A.504, subsection 1, paragraph d,
-6-1subparagraph (1), Code 2023, is amended to read as follows:
2(1) Any debt, which is assigned to the department of health
3and human services, or which is owed to the department of
4health and human services for unpaid premiums under section
5249A.3, subsection 2, paragraph “a”, subparagraph (1), or
6which the child support recovery unit services is otherwise
7attempting to collect, or which the foster care recovery unit
8 services of the department of health and human services is
9attempting to collect on behalf of a child receiving foster
10care provided by the department of health and human services.
11 Sec. 10. Section 8A.504, subsection 2, unnumbered paragraph
121, Code 2023, is amended to read as follows:
13The collection entity shall establish and maintain a
14procedure to set off against any claim owed to a person by a
15public agency any liability of that person owed to a public
16agency, a support debt being enforced by the child support
17recovery unit services pursuant to chapter 252B, or such other
18qualifying debt. The procedure shall only apply when at the
19discretion of the director it is feasible. The procedure shall
20meet the following conditions:
21 Sec. 11. Section 8A.504, subsection 3, Code 2023, is amended
22to read as follows:
233. In the case of multiple claims to payments filed
24under this section, priority shall be given to claims filed
25by the child support recovery unit services or the foster
26care recovery unit services, next priority shall be given to
27claims filed by the clerk of the district court, next priority
28shall be given to claims filed by the college student aid
29commission, next priority shall be given to claims filed by the
30investigations division of the department of inspections and
31appeals, and last priority shall be given to claims filed by
32other public agencies. In the case of multiple claims in which
33the priority is not otherwise provided by this subsection,
34priority shall be determined in accordance with rules to be
35established by the director.
-7-1 Sec. 12. Section 8A.512, subsection 1, paragraph b,
2subparagraph (2), Code 2023, is amended to read as follows:
3(2) Claims for medical assistance payments authorized under
4chapter 249A are subject to the time limits imposed by rule
5adopted by the department of health and human services.
6 Sec. 13. Section 10A.104, subsection 2, Code 2023, is
7amended to read as follows:
82. Appoint the administrators of the divisions within
9the department and all other personnel deemed necessary for
10the administration of this chapter, except the state public
11defender, assistant state public defenders, administrator of
12the racing and gaming commission, and members of the employment
13appeal board, and administrator of the child advocacy board
14created in section 237.16. All persons appointed and employed
15in the department are covered by the provisions of chapter
168A, subchapter IV, but persons not appointed by the director
17are exempt from the merit system provisions of chapter 8A,
18subchapter IV.
19 Sec. 14. Section 10A.108, Code 2023, is amended to read as
20follows:
2110A.108 Improper health and human services entitlement
22benefits or provider payments — debt, lien, collection.
231. a. If a person refuses or neglects to repay benefits or
24provider payments inappropriately obtained from the department
25of health and human services, the amount inappropriately
26obtained, including any interest, penalty, or costs attached
27to the amount, constitutes a debt and is a lien in favor of the
28state upon all property and any rights or title to or interest
29in property, whether real or personal, belonging to the person
30for the period established in subsection 2, with the exception
31of property which is exempt from execution pursuant to chapter
32627.
33b. A lien under this section shall not attach to any amount
34of inappropriately obtained benefits or provider payments, or
35portions of the benefits or provider payments, attributable to
-8-1errors by the department of health and human services. Liens
2shall only attach to the amounts of inappropriately obtained
3benefits or provider payments or portions of the benefits or
4provider payments which were obtained due to false, misleading,
5incomplete, or inaccurate information submitted by a person in
6connection with the application for or receipt of benefits or
7provider payments.
82. a. The lien attaches at the time the notice of the
9lien is filed under subsection 3, and continues for ten years
10from that date, unless released or otherwise discharged at an
11earlier time.
12b. The lien may be extended, within ten years from the
13date of attachment, if a person files a notice with the county
14recorder or other appropriate county official of the county
15in which the property is located at the time of filing the
16extension. From the time of the filing of the notice, the lien
17period shall be extended for ten years to apply to the property
18in the county in which the notice is filed, unless released
19or otherwise discharged at an earlier time. The number of
20extensions is not limited.
21c. The director department shall discharge any lien which is
22allowed to lapse and may charge off any account and release the
23corresponding lien before the lien has lapsed if the director
24 department determines, under uniform rules prescribed by the
25director, that the account is uncollectible or collection costs
26involved would not warrant collection of the amount due.
273. To preserve the lien against subsequent mortgagees,
28purchasers, or judgment creditors, for value and without notice
29of the lien, on any property located in a county, the director
30shall file a notice of the lien with the recorder of the county
31in which the property is located at the time of filing of the
32notice.
334. The county recorder of each county shall prepare
34and maintain in the recorder’s office an index of liens of
35debts established based upon benefits or provider payments
-9-1inappropriately obtained from and owed the department of health
2and human services, containing the applicable entries specified
3in sections 558.49 and 558.52, and providing appropriate
4columns for all of the following data, under the names of
5debtors, arranged alphabetically:
6a. The name of the debtor.
7b. “State of Iowa, Department of Health and Human Services”
8as claimant.
9c. The time that the notice of the lien was filed for
10recording.
11d. The date of notice.
12e. The amount of the lien currently due.
13f. The date of the assessment.
14g. The date of satisfaction of the debt.
15h. Any extension of the time period for application of the
16lien and the date that the notice for extension was filed.
175. The recorder shall endorse on each notice of lien the day
18and time filed for recording and the document reference number,
19and shall preserve the notice. The recorder shall index the
20notice and shall record the lien in the manner provided for
21recording real estate mortgages. The lien is effective from
22the time of the indexing.
236. The department shall pay, from moneys appropriated to
24the department for this purpose, recording fees as provided in
25section 331.604, for the recording of the lien.
267. Upon payment of a debt for which the director department
27 has filed notice with a county recorder, the director
28 department shall provide to the debtor a satisfaction of
29the debt. The debtor shall be responsible for filing the
30satisfaction of the debt with the recorder and the recorder
31shall enter the satisfaction on the notice on file in the
32recorder’s office.
338. The department of inspections and appeals, as provided
34in this chapter and chapter 626, shall proceed to collect all
35debts owed the department of health and human services as soon
-10-1as practicable after the debt becomes delinquent. If service
2has not been made on a distress warrant by the officer to whom
3addressed within five days from the date the distress warrant
4was received by the officer, the authorized investigators of
5the department of inspections and appeals may serve and make
6return of the warrant to the clerk of the district court of
7the county named in the distress warrant, and all subsequent
8procedures shall be in compliance with chapter 626.
99. The distress warrant shall be in a form as prescribed
10by the director, shall be directed to the sheriff of the
11appropriate county, and shall identify the debtor, the type
12of debt, and the delinquent amount. The distress warrant
13shall direct the sheriff to distrain, seize, garnish, or levy
14upon, and sell, as provided by law, any real or personal
15property belonging to the debtor to satisfy the amount of the
16delinquency plus costs. The distress warrant shall also direct
17the sheriff to make due and prompt return to the department
18or to the district court under chapter 626 of all amounts
19collected.
2010. The attorney general, upon the request of the director
21of inspections and appeals, shall bring an action, as the facts
22may justify, without bond, to enforce payment of any debts
23under this section, and in the action the attorney general
24shall have the assistance of the county attorney of the county
25in which the action is pending.
2611. The remedies of the state shall be cumulative and no
27action taken by the director of inspections and appeals or
28attorney general shall be construed to be an election on the
29part of the state or any of its officers to pursue any remedy to
30the exclusion of any other remedy provided by law.
31 Sec. 15. Section 10A.402, subsections 4 and 5, Code 2023,
32are amended to read as follows:
334. Investigations and collections relative to the
34liquidation of overpayment debts owed to the department of
35health and human services. Collection methods include but are
-11-1not limited to small claims filings, debt setoff, distress
2warrants, and repayment agreements, and are subject to approval
3by the department of health and human services.
45. Investigations relative to the administration of the
5state supplementary assistance program, the state medical
6assistance program, the food stamp supplemental nutrition
7assistance program, the family investment program, and any
8other state or federal benefit assistance program.
9 Sec. 16. Section 11.5B, Code 2023, is amended to read as
10follows:
1111.5B Repayment of audit expenses by state departments and
12agencies.
13The auditor of state shall be reimbursed by a department
14or agency for performing audits or examinations of the
15following state departments or agencies, or funds received by
16a department or agency:
171. Department of commerce.
182. Department of health and human services.
193. State department of transportation.
204. Iowa department of public health.
215. 4. State board of regents.
226. 5. Department of agriculture and land stewardship.
237. 6. Iowa veterans home.
248. 7. Department of education.
259. 8. Department of workforce development.
2610. 9. Department of natural resources.
2711. 10. Offices of the clerks of the district court of the
28judicial branch.
2912. 11. The Iowa public employees’ retirement system.
3013. 12. Federal financial assistance, as defined in the
31federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
32all other departments.
3314. 13. Department of administrative services.
3415. 14. Office of the chief information officer of the
35department of management.
-12-1 Sec. 17. Section 11.6, subsection 1, paragraph b, Code 2023,
2is amended to read as follows:
3b. The financial condition and transactions of community
4mental health centers organized under chapter 230A, substance
5abuse use disorder programs organized under chapter 125, and
6community action agencies organized under chapter 216A, shall
7be audited at least once each year.
8 Sec. 18. Section 12.10, Code 2023, is amended to read as
9follows:
1012.10 Deposits by state officers.
11Except as otherwise provided, all elective and appointive
12state officers, boards, commissions, and departments shall,
13within ten days succeeding the collection, deposit with the
14treasurer of state, or to the credit of the treasurer of state
15in any depository designated by the treasurer of state, ninety
16percent of all fees, commissions, and moneys collected or
17received. The balance actually collected in cash, remaining
18in the hands of any officer, board, or department shall not
19exceed the sum of five thousand dollars and money collected
20shall not be held more than thirty days. This section does not
21apply to the state fair board, the state board of regents, the
22utilities board of the department of commerce, the director of
23the department of health and human services, the Iowa finance
24authority, or to the funds received by the state racing and
25gaming commission under sections 99D.7 and 99D.14.
26 Sec. 19. Section 12E.3A, subsection 1, Code 2023, is amended
27to read as follows:
281. The general assembly reaffirms and reenacts the purposes
29stated for the use of moneys deposited in the healthy Iowans
30tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
31ch.1232, §12, and codified in section 12.65, Code 2007, as
32the purposes for the endowment for Iowa’s health account.
33The purposes include those purposes related to health care,
34substance abuse use disorder treatment and enforcement, tobacco
35use prevention and control, and other purposes related to the
-13-1needs of children, adults, and families in the state.
2 Sec. 20. Section 13.6, Code 2023, is amended to read as
3follows:
413.6 Assistant for human services department of health and
5human services.
6The attorney general may appoint one assistant attorney
7general to perform and supervise the legal work of the division
8of child and family services of the department of health and
9 human services, and in such event the salary and necessary
10traveling expenses of such assistant attorney general shall be
11paid from the appropriation to said division the department,
12and upon request of the attorney general the director of the
13department of health and human services shall provide and equip
14a suitable office and the necessary secretarial assistance for
15such assistant attorney general.
16 Sec. 21. Section 15.102, subsection 12, paragraph b,
17subparagraph (1), subparagraph division (d), Code 2023, is
18amended to read as follows:
19(d) Psychoactive substance abuse use disorders resulting
20from current illegal use of drugs.
21 Sec. 22. Section 15H.1A, Code 2023, is amended to read as
22follows:
2315H.1A Definitions.
24For purposes of this chapter, unless the context otherwise
25requires:
261. “Authority” means the economic development authority
27created in section 15.105.
282. 1. “Commission” means the Iowa commission on volunteer
29service created in section 15H.2.
302. “Department” means the department of health and human
31services.
323. “Director” means the director of the authority health and
33human services.
34 Sec. 23. Section 15H.2, subsection 1, Code 2023, is amended
35to read as follows:
-14- 11. The Iowa commission on volunteer service is created
2within the authority department. The governor shall appoint
3the commission’s members. The director may employ personnel
4as necessary to carry out the duties and responsibilities of
5the commission.
6 Sec. 24. Section 15H.2, subsection 3, paragraph i, Code
72023, is amended to read as follows:
8i. Administer the retired and senior volunteer program.
9 Sec. 25. Section 15H.4, subsection 1, Code 2023, is amended
10to read as follows:
111. The authority department shall serve as the lead agency
12for administration of the commission. The authority department
13 may consult with the department of education, the state board
14of regents, and the department of workforce development for any
15additional administrative support as necessary to fulfill the
16duties of the commission. All other state agencies, at the
17request of the authority department, shall provide assistance
18to the commission to ensure a fully coordinated state effort
19for promoting national and community service.
20 Sec. 26. Section 15H.5, subsection 5, paragraph a, Code
212023, is amended to read as follows:
22a. Funding for the Iowa summer youth corps program, the
23Iowa green corps program established pursuant to section
2415H.6, the Iowa reading corps program established pursuant to
25section 15H.7, the RefugeeRISE AmeriCorps program established
26pursuant to section 15H.8, and the Iowa national service
27corps program established pursuant to section 15H.9 shall be
28obtained from private sector, and local, state, and federal
29government sources, or from other available funds credited
30to the community programs account, which shall be created
31within the economic development authority department under the
32authority of the commission. Moneys available in the account
33for a fiscal year are appropriated to the commission to be
34used for the programs. The commission may establish an escrow
35account within the authority department and obligate moneys
-15-1within that escrow account for tuition or program payments to
2be made beyond the term of any fiscal year. Notwithstanding
3section 12C.7, subsection 2, interest earned on moneys in the
4community programs account shall be credited to the account.
5Notwithstanding section 8.33, moneys in the community programs
6account or escrow account shall not revert to the general fund
7but shall remain available for expenditure in future fiscal
8years.
9 Sec. 27. Section 15H.8, Code 2023, is amended to read as
10follows:
1115H.8 RefugeeRISE AmeriCorps program.
121. a. The commission, in collaboration with the department
13of human services, shall establish a Refugee Rebuild,
14Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
15to increase community integration and engagement for diverse
16refugee communities in rural and urban areas across the state.
17b. The commission, in collaboration with the department
18of human services, may adopt rules pursuant to chapter 17A to
19implement and administer this section.
202. The commission may use moneys in and lawfully available
21to the community programs account created in section 15H.5 to
22fund the program.
233. The commission shall submit an annual report to the
24general assembly and the department of human services relating
25to the efficacy of the program.
26 Sec. 28. Section 15H.10, subsection 6, Code 2023, is amended
27to read as follows:
286. Notwithstanding section 8.33, moneys appropriated to
29the economic development authority department for allocation
30to the commission for purposes of this section that remain
31unencumbered or unobligated at the close of a fiscal year
32shall not revert but shall remain available to be used for the
33purposes designated in this section until the close of the
34succeeding fiscal year.
35 Sec. 29. Section 16.2D, subsection 1, Code 2023, is amended
-16-1to read as follows:
21. A council on homelessness is created consisting of twenty
3members, eleven of whom are voting members and nine of whom are
4nonvoting members. At all times, at least one voting member
5shall be a member of a minority group.
6 Sec. 30. Section 16.2D, subsection 2, paragraph b, Code
72023, is amended to read as follows:
8b. Nine nonvoting Nonvoting agency director members
9consisting of all of the following:
10(1) The director of the department of education or the
11director’s designee.
12(2) The director of health and human services or the
13director’s designee.
14(3) The attorney general or the attorney general’s
15designee.
16(4) The director of public health or the director’s
17designee.
18(5) The director of the department on aging or the
19director’s designee.
20(6) (4) The director of the department of corrections or
21the director’s designee.
22(7) (5) The director of the department of workforce
23development or the director’s designee.
24(8) (6) The executive director of the Iowa finance
25authority or the executive director’s designee.
26(9) (7) The director of the department of veterans affairs
27or the director’s designee.
28 Sec. 31. Section 16.3, subsection 9, Code 2023, is amended
29to read as follows:
309. The interest costs paid by group homes of fifteen beds or
31less licensed as health care facilities or child foster care
32facilities for facility acquisition and indirectly reimbursed
33by the department of health and human services through payments
34for patients at those facilities who are recipients of medical
35assistance or state supplementary assistance are severe drains
-17-1on the state’s budget. A reduction in these costs obtained
2through financing with tax-exempt revenue bonds would clearly
3be in the public interest.
4 Sec. 32. Section 16.47, subsection 3, Code 2023, is amended
5to read as follows:
63. The authority, in cooperation with the department on
7aging of health and human services, shall annually allocate
8moneys available in the home and community-based services
9revolving loan program fund to develop and expand facilities
10and infrastructure that provide adult day services, respite
11services, congregate meals, and programming space for health
12and wellness, health screening, and nutritional assessments
13that address the needs of persons with low incomes.
14 Sec. 33. Section 16.48, subsections 1 and 3, Code 2023, are
15amended to read as follows:
161. A transitional housing revolving loan program fund is
17created within the authority to further the availability of
18affordable housing for parents that are reuniting with their
19children while completing or participating in substance abuse
20 use disorder treatment. The moneys in the fund are annually
21appropriated to the authority to be used for the development
22and operation of a revolving loan program to provide financing
23to construct affordable transitional housing, including through
24new construction or acquisition and rehabilitation of existing
25housing. The housing provided shall be geographically located
26in close proximity to licensed substance abuse use disorder
27 treatment programs. Preference in funding shall be given to
28projects that reunite mothers with the mothers’ children.
293. The authority shall annually allocate moneys available
30in the transitional housing revolving loan program fund for the
31development of affordable transitional housing for parents that
32are reuniting with the parents’ children while completing or
33participating in substance abuse use disorder treatment. The
34authority shall develop a joint application process for the
35allocation of federal low-income housing tax credits and the
-18-1funds available under this section. Moneys allocated to such
2projects may be in the form of loans, grants, or a combination
3of loans and grants.
4 Sec. 34. Section 16.49, subsection 4, Code 2023, is amended
5to read as follows:
64. a. A project shall demonstrate written approval of the
7project by the department of health and human services to the
8authority prior to application for funding under this section.
9b. In order to be approved by the department of health and
10 human services for application for funding for development of
11permanent supportive housing under this section, a project
12shall include all of the following components:
13(1) Provision of services to any of the following Medicaid
14waiver-eligible individuals:
15(a) Individuals who are currently underserved in community
16placements, including individuals who are physically aggressive
17or have behaviors that are difficult to manage or individuals
18who meet the psychiatric medical institution for children level
19of care.
20(b) Individuals who are currently residing in out-of-state
21facilities.
22(c) Individuals who are currently receiving care in a
23licensed health care facility.
24(2) A plan to provide each individual with crisis
25stabilization services to ensure that the individual’s
26behavioral issues are appropriately addressed by the provider.
27(3) Policies and procedures that prohibit discharge of the
28individual from the waiver services provided by the project
29provider unless an alternative placement that is acceptable to
30the client or the client’s guardian is identified.
31c. In order to be approved by the department of health and
32 human services for application for funding for development of
33infrastructure in which to provide supportive services under
34this section, a project shall include all of the following
35components:
-19- 1(1) Provision of services to Medicaid waiver-eligible
2individuals who meet the psychiatric medical institution for
3children level of care.
4(2) Policies and procedures that prohibit discharge of the
5individual from the waiver services provided by the project
6provider unless an alternative placement that is acceptable to
7the client or the client’s guardian is identified.
8d. Housing provided through a project under this section is
9exempt from the requirements of chapter 135O.
10 Sec. 35. Section 22.7, subsections 2, 16, 35, 61, and 62,
11Code 2023, are amended to read as follows:
122. Hospital records, medical records, and professional
13counselor records of the condition, diagnosis, care, or
14treatment of a patient or former patient or a counselee or
15former counselee, including outpatient. However, confidential
16communications between a crime victim and the victim’s
17counselor are not subject to disclosure except as provided in
18section 915.20A. However, the Iowa department of public health
19and human services shall adopt rules which provide for the
20sharing of information among agencies and providers concerning
21the maternal and child health program including but not limited
22to the statewide child immunization information system, while
23maintaining an individual’s confidentiality.
2416. Information in a report to the Iowa department of public
25 health and human services, to a local board of health, or to
26a local health department, which identifies a person infected
27with a reportable disease.
2835. Records of the Iowa department of public health and
29human services pertaining to participants in the gambling
30treatment program except as otherwise provided in this chapter.
3161. Records of the department on aging of health and human
32services pertaining to clients served by the state office or a
33local office of public guardian as defined in section 231E.3.
3462. Records maintained by the department on aging of health
35and human services or office of long-term care ombudsman that
-20-1disclose the identity of a complainant, resident, tenant, or
2individual receiving services provided by the department on
3aging of health and human services, an area agency on aging,
4or the office of long-term care ombudsman, unless disclosure
5is otherwise allowed under section 231.42, subsection 12,
6paragraph “a”.
7 Sec. 36. Section 23A.2, subsection 10, paragraph l,
8unnumbered paragraph 1, Code 2023, is amended to read as
9follows:
10The offering of goods and services to the public as part
11of a client training program operated by a state resource
12center under the control of the department of health and human
13services provided that all of the following conditions are met:
14 Sec. 37. Section 23A.2, subsection 10, paragraph l,
15subparagraph (1), Code 2023, is amended to read as follows:
16(1) Any off-campus vocational or employment training
17program developed or operated by the department of health and
18 human services for clients of a state resource center is a
19supported vocational training program or a supported employment
20program offered by a community-based provider of services or
21other employer in the community.
22 Sec. 38. Section 28M.1, subsection 7, Code 2023, is amended
23to read as follows:
247. “Transportation” means the movement of individuals in
25a four or more wheeled motorized vehicle designed to carry
26passengers, including a car, van, or bus, or the carrying
27of individuals upon cars operated upon stationary rails,
28between one geographic point and another geographic point.
29“Transportation” does not include emergency or incidental
30transportation or transportation conducted by the department of
31health and human services at its institutions.
32 Sec. 39. Section 29C.20A, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34The grant funds shall be administered by the department of
35health and human services. The department shall adopt rules
-21-1to create the Iowa disaster aid individual assistance grant
2program. The rules shall specify the eligibility of applicants
3and eligible items for grant funding. The executive council
4shall use grant funds to reimburse the department of health
5and human services for its actual expenses associated with
6the administration of the grants. The department of health
7and human services may implement an ongoing contract with a
8provider or providers of a statewide program with local offices
9throughout the state to serve as the local administrative
10entity for the grant program so that the program can be
11implemented with minimal delay when a disaster occurs in a
12local area. The rules adopted by the department of health
13and human services for the program shall include but are not
14limited to all of the following:
15 Sec. 40. Section 29C.20A, subsections 4 and 5, Code 2023,
16are amended to read as follows:
174. A recipient of grant funding shall receive reimbursement
18for expenses upon presenting a receipt for an eligible expense
19or shall receive a voucher through a voucher system developed
20by the department of health and human services and administered
21locally within the designated disaster area. A voucher system
22shall ensure sufficient data collection to discourage and
23prevent fraud. The department shall consult with long-term
24disaster recovery committees and disaster recovery case
25management committees in developing a voucher system.
265. The department of health and human services shall submit
27an annual report, by January 1 of each year, to the legislative
28fiscal committee and the general assembly’s standing committees
29on government oversight concerning the activities of the grant
30program in the previous fiscal year.
31 Sec. 41. Section 29C.20B, Code 2023, is amended to read as
32follows:
3329C.20B Disaster case management grant fund and program.
341. a. A disaster case management grant fund is created
35in the state treasury for the use of the executive council.
-22-1Moneys in the fund shall be expended if grants are awarded
2pursuant to section 29C.20A following the governor’s
3proclamation of a state of disaster emergency or the
4declaration of a major disaster by the president of the United
5States.
6b. The executive council may make financial grants to meet
7disaster-related case management needs of disaster-affected
8individuals. The aggregate total of grants awarded shall
9not be more than one million dollars during a fiscal year.
10However, within the same fiscal year, additional funds may
11be specifically authorized by the executive council to meet
12additional needs. Upon request of the department of health and
13 human services, the executive council may make available up to
14one hundred thousand dollars, or so much as is necessary, for
15contract entity staff support and case management training.
16c. The department of health and human services shall
17work with the department of homeland security and emergency
18management and, as selected by the department of health and
19 human services, a representative of nonprofit, voluntary,
20and faith-based organizations active in disaster recovery
21and response to establish a statewide system of disaster
22case management to be activated following the governor’s
23proclamation of a disaster emergency or the declaration of
24a major disaster by the president of the United States for
25individual assistance purposes.
262. The department of health and human services shall
27administer disaster case management grants. The department of
28health and human services, in conjunction with the department
29of homeland security and emergency management, shall establish
30a disaster case management program and adopt rules pursuant to
31chapter 17A necessary to administer the program. The executive
32council shall use grant moneys to reimburse the department
33of health and human services for actual expenses associated
34with the administration of the grants. Under the program, the
35department of health and human services shall coordinate case
-23-1management services locally through one or more contracted
2entities. The department of health and human services shall
3implement an ongoing contract with a provider of a statewide
4program with local offices throughout the state to serve as
5the local administrative entity for the grant program to allow
6implementation of the program with minimal delay if grants are
7awarded pursuant to section 29C.20A following a governor’s
8proclamation of a state of disaster emergency or a declaration
9of a major disaster by the president of the United States.
103. The department of health and human services, in
11conjunction with the department of homeland security and
12emergency management and a representative of the Iowa voluntary
13organizations active in disaster, shall adopt rules pursuant to
14chapter 17A to create coordination mechanisms and standards for
15the establishment and implementation of a statewide system of
16disaster case management. The rules adopted by the department
17of health and human services for the program shall include but
18are not limited to all of the following:
19a. If a local administrative entity is under contract with
20the state to provide other services or is implementing a state
21or federal program and the contract contains a sufficient
22surety bond or other adequate financial responsibility
23provisions, the department shall accept the existing surety
24bond or financial responsibility provisions in lieu of applying
25a new or additional surety bond or financial responsibility
26requirement.
27b. Authorization for the local administrative entity to draw
28down grant funding to pay valid claims on at least a weekly
29basis.
30c. Disaster case management standards.
31d. Disaster case management policies.
32e. Reporting requirements.
33f. Eligibility criteria.
34g. Coordination mechanisms necessary to carry out the
35services provided.
-24- 1h. Development of formal working relationships with agencies
2and creation of interagency agreements for those considered to
3provide disaster case management services.
4i. Establishment of nonduplication of benefits policies and
5mechanisms for the exchange of information between agencies to
6ensure compliance with the federal Health Insurance Portability
7and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
81936 (1996).
9j. Referral to all known available services for individuals
10from multiple agencies in coordinated service locations.
114. By January 1 of each year, the department of health
12and human services shall submit an annual written report to
13the legislative fiscal committee and the general assembly’s
14standing committees on government oversight concerning the
15activities of the grant program during the previous fiscal
16year.
17 Sec. 42. Section 35A.5, subsection 5, paragraph a, Code
182023, is amended to read as follows:
19a. Coordinate with United States department of veterans
20affairs hospitals, health care facilities, and clinics in this
21state and the department of public health and human services
22 to provide assistance to veterans and their families to reduce
23the incidence of alcohol and chemical dependency and suicide
24among veterans and to make mental health counseling available
25to veterans.
26 Sec. 43. Section 35D.14A, Code 2023, is amended to read as
27follows:
2835D.14A Volunteer record checks.
291. Persons who are potential volunteers or volunteers in
30the Iowa veterans home in a position having direct individual
31contact with patients or residents of the home shall be subject
32to criminal history and child and dependent adult abuse record
33checks in accordance with this section. The Iowa veterans home
34shall request that the department of public safety perform the
35criminal history check and the record check evaluation system
-25-1of the department of health and human services perform child
2and dependent adult abuse record checks of the person in this
3state and may request these checks in other states.
42. a. If it is determined that a person has been convicted
5of a crime under a law of any state or has a record of
6founded child or dependent adult abuse, the person shall not
7participate as a volunteer with direct individual contact
8with patients or residents of the Iowa veterans home unless
9an evaluation has been performed by the department of human
10services record check evaluation system to determine whether
11the crime or founded child or dependent adult abuse warrants
12prohibition of the person’s participation as a volunteer in the
13Iowa veterans home. The department of human services record
14check evaluation system shall perform such evaluation upon the
15request of the Iowa veterans home.
16b. In an evaluation, the department of human services
17 record check evaluation system shall consider the nature and
18seriousness of the crime or founded child or dependent adult
19abuse in relation to the position sought or held, the time
20elapsed since the commission of the crime or founded child or
21dependent adult abuse, the circumstances under which the crime
22or founded child or dependent adult abuse was committed, the
23degree of rehabilitation, the likelihood that the person will
24commit the crime or founded child or dependent adult abuse
25again, and the number of crimes or founded child or dependent
26adult abuses committed by the person involved.
27c. If the department of human services record check
28evaluation system performs an evaluation for the purposes of
29this section, the department of human services record check
30evaluation system has final authority in determining whether
31prohibition of the person’s participation as a volunteer is
32warranted. The department of human services record check
33evaluation system may permit a person who is evaluated to
34participate as a volunteer if the person complies with the
35department’s record check evaluation system’s conditions
-26-1relating to participation as a volunteer which may include
2completion of additional training.
3 Sec. 44. Section 47.7, subsection 2, paragraph a, Code 2023,
4is amended to read as follows:
5a. On or before January 1, 2006, the state registrar of
6voters shall implement in a uniform and nondiscriminatory
7manner, a single, uniform, official, centralized, interactive
8computerized statewide voter registration file defined,
9maintained, and administered at the state level that contains
10the name and registration information of every legally
11registered voter in the state and assigns a unique identifier
12to each legally registered voter in the state. The state voter
13registration system shall be coordinated with other agency
14databases within the state, including, but not limited to,
15state department of transportation driver’s license records,
16judicial records of convicted felons and persons declared
17incompetent to vote, and Iowa department of public health and
18human services records of deceased persons.
19 Sec. 45. Section 48A.19, subsection 1, Code 2023, is amended
20to read as follows:
211. The following state agencies are responsible for voter
22registration:
23a. All state offices that have direct client contact and
24provide applications for public assistance, including but not
25limited to offices administering the following programs:
26(1) Food stamps The supplemental nutrition assistance
27program.
28(2) Medical The medical assistance program under chapter
29249A.
30(3) Iowa The Iowa family investment program.
31(4) Special The special supplemental nutrition program for
32women, infants, and children.
33b. (1) All offices that provide state-funded programs
34primarily engaged in providing services to persons with
35disabilities, including but not limited to all of the
-27-1following:
2(a) Department for the blind.
3(b) Division of vocational rehabilitation services of the
4department of education.
5(c) Office of deaf services of the department of health and
6 human rights services or its successor agency.
7(d) Office of persons with disabilities of the department of
8health and human rights services or its successor agency.
9(2) An agency designated a voter registration agency
10under this paragraph which provides services to persons with
11disabilities in their homes shall provide voter registration
12services at the clients’ homes.
13c. Other federal and state agencies designated to provide
14voter registration services include, but are not limited to,
15the United States armed forces recruiting offices.
16 Sec. 46. Section 48A.31, Code 2023, is amended to read as
17follows:
1848A.31 Deceased persons record.
19The state registrar of vital statistics shall transmit
20or cause to be transmitted to the state registrar of voters,
21once each calendar quarter, a certified list of all persons
22seventeen years of age and older in the state whose deaths have
23been reported to the bureau state registrar of vital records
24of the Iowa department of public health statistics since the
25previous list of decedents was certified to the state registrar
26of voters. The list shall be submitted according to the
27specifications of the state registrar of voters and shall be
28transmitted to the state registrar of voters without charge
29for production or transmission. The commissioner shall, in
30the month following the end of a calendar quarter, run the
31statewide voter registration system’s matching program to
32determine whether a listed decedent was registered to vote in
33the county and shall immediately cancel the registration of any
34person named on the list of decedents.
35 Sec. 47. Section 68B.2, subsection 23, Code 2023, is amended
-28-1to read as follows:
223. “Regulatory agency” means the department of agriculture
3and land stewardship, department of workforce development,
4department of commerce, Iowa department of public health,
5 department of public safety, department of education, state
6board of regents, department of health and human services,
7department of revenue, department of inspections and appeals,
8department of administrative services, public employment
9relations board, state department of transportation, civil
10rights commission, department of public defense, department of
11homeland security and emergency management, Iowa ethics and
12campaign disclosure board, and department of natural resources.
13 Sec. 48. Section 80.9B, subsections 3 and 7, Code 2023, are
14amended to read as follows:
153. The provisions of chapter 141A also do not apply to
16the transmission of the same information from either or
17both information systems to employees of state correctional
18institutions subject to the jurisdiction of the department
19of corrections, employees of secure facilities for juveniles
20subject to the jurisdiction of the department of health and
21 human services, and employees of city and county jails, if
22those employees have direct physical supervision over inmates
23of those facilities or institutions.
247. The commissioner shall develop and establish, in
25cooperation with the department of corrections and the
26department of public health and human services, training
27programs and program criteria for persons receiving human
28immunodeficiency virus-related information through the Iowa
29criminal justice information system or the national crime
30information center system.
31 Sec. 49. Section 80.28, subsection 2, paragraph a,
32subparagraph (6), Code 2023, is amended to read as follows:
33(6) One member representing the Iowa department of public
34 health and human services.
35 Sec. 50. Section 80B.11C, Code 2023, is amended to read as
-29-1follows:
280B.11C Public safety telecommunicator training standards.
3The director of the academy, subject to the approval of
4the council, in consultation with the Iowa state sheriffs’
5and deputies’ association, the Iowa police executive forum,
6the Iowa peace officers association, the Iowa state police
7association, the Iowa professional fire fighters, the Iowa
8emergency medical services association, the joint council of
9Iowa fire service organizations, the Iowa department of public
10safety, the Iowa chapter of the association of public-safety
11communications officials—international, inc., the Iowa chapter
12of the national emergency number association, the department
13of homeland security and emergency management, and the Iowa
14 department of public health and human services, shall adopt
15rules pursuant to chapter 17A establishing minimum standards
16for training of public safety telecommunicators. “Public
17safety telecommunicator” means a person who serves as a first
18responder by receiving requests for, or by dispatching requests
19to, emergency response agencies which include but are not
20limited to law enforcement, fire, rescue, and emergency medical
21services agencies.
22 Sec. 51. Section 80E.1, Code 2023, is amended to read as
23follows:
2480E.1 Drug policy coordinator.
251. A drug policy coordinator shall be appointed by the
26governor, subject to confirmation by the senate, and shall
27serve at the pleasure of the governor. The governor shall fill
28a vacancy in the office in the same manner as the original
29appointment was made. The coordinator shall be selected
30primarily for administrative ability. The coordinator shall
31not be selected on the basis of political affiliation and shall
32not engage in political activity while holding the office. The
33salary of the coordinator shall be fixed by the governor.
342. The coordinator shall:
35a. Direct the governor’s office of drug control policy,
-30-1and coordinate and monitor all statewide drug enforcement
2efforts, coordinate and monitor all state and federal substance
3use disorder treatment grants and programs, coordinate and
4monitor all statewide substance abuse use disorder prevention
5and education programs in communities and schools, and engage
6in such other related activities as required by law. The
7coordinator shall work in coordinating the efforts of the
8department of corrections, the department of education, the
9Iowa department of public health, the department of public
10safety, and the department of health and human services. The
11coordinator shall assist in the development and implementation
12of local and community strategies to fight substance abuse
13 use disorder, including local law enforcement, education, and
14treatment activities.
15b. Submit an annual report to the governor and general
16assembly by November 1 of each year concerning the activities
17and programs of the coordinator and other departments related
18to drug enforcement, substance use disorder treatment programs,
19and substance abuse use disorder prevention and education
20programs. The report shall include an assessment of needs with
21respect to programs related to substance use disorder treatment
22and drug enforcement.
23c. Submit an advisory budget recommendation to the governor
24and general assembly concerning enforcement programs, treatment
25programs, and education programs related to drugs within the
26various departments. The coordinator shall work with these
27departments in developing the departmental budget requests to
28be submitted to the legislative services agency and the general
29assembly.
303. The governor’s office of drug control policy shall be
31an independent office, located at the same location as the
32department of public safety. Administrative support services
33may be provided to the governor’s office of drug control policy
34by the department of public safety.
35 Sec. 52. Section 80E.2, Code 2023, is amended to read as
-31-1follows:
280E.2 Drug policy advisory council — membership — duties.
31. An Iowa drug policy advisory council is established which
4shall consist of the following seventeen members:
5a. The drug policy coordinator, who shall serve as
6chairperson of the council.
7b. The director of the department of corrections, or the
8director’s designee.
9c. The director of the department of education, or the
10director’s designee.
11d. The director of the department of public health and human
12services, or the director’s designee.
13e. The commissioner of public safety, or the commissioner’s
14designee.
15f. The director of the department of human services, or the
16director’s designee.
17g. The director of the division of criminal and juvenile
18justice planning in the department of human rights, or the
19division director’s designee.
20h. f. The state public defender, or the state public
21defender’s designee.
22i. g. A prosecuting attorney.
23j. h. A certified alcohol and drug counselor.
24k. i. A certified substance abuse use disorder prevention
25specialist.
26l. j. A substance use disorder treatment program director.
27m. k. A justice of the Iowa supreme court, or judge, as
28designated by the chief justice of the supreme court.
29n. l. A member representing the Iowa peace officers
30association.
31o. m. A member representing the Iowa state police
32association.
33p. n. A member representing the Iowa state sheriffs’ and
34deputies’ association.
35q. o. A police chief.
-32- 12. The prosecuting attorney, certified alcohol and drug
2counselor, certified substance abuse use disorder prevention
3specialist, substance use disorder treatment program director,
4member representing the Iowa peace officers association,
5member representing the Iowa state police association, the
6member representing the Iowa state sheriffs’ and deputies’
7association, and the member who is a police chief shall be
8appointed by the governor, subject to senate confirmation, for
9four-year terms beginning and ending as provided in section
1069.19. A vacancy on the council shall be filled for the
11unexpired term in the same manner as the original appointment
12was made.
133. The council shall make policy recommendations to
14the appropriate departments concerning the administration,
15development, and coordination of programs related to substance
16abuse use disorder education, prevention, treatment, and
17enforcement.
184. The members of the council shall be reimbursed for actual
19and necessary travel and related expenses incurred in the
20discharge of official duties. Each member of the council may
21also be eligible to receive compensation as provided in section
227E.6.
235. The council shall meet at least semiannually throughout
24the year.
256. A majority of the members of the council constitutes a
26quorum, and a majority of the total membership of the council
27is necessary to act in any matter within the jurisdiction of
28the council.
29 Sec. 53. Section 80E.4, Code 2023, is amended to read as
30follows:
3180E.4 Drug abuse resistance Substance use disorder education
32fund.
33A drug abuse resistance substance use disorder education
34fund is created as a separate fund in the state treasury under
35the control of the governor’s office of drug control policy
-33-1for use by the drug abuse resistance substance use disorder
2 education program and other programs with a similar purpose.
3The fund shall consist of appropriations made to the fund and
4transfers of interest, moneys collected from the crime services
5surcharge established in section 911.1, and earnings. All
6moneys in the fund are appropriated to the governor’s office of
7drug control policy. Notwithstanding section 8.33, any balance
8in the fund on June 30 of any fiscal year shall not revert to
9any other fund of the state but shall remain available for the
10purposes described in this section.
11 Sec. 54. Section 84A.1A, subsection 1, paragraph b, Code
122023, is amended to read as follows:
13b. The nonvoting members of the Iowa workforce development
14board shall include the following:
15(1) One state senator appointed by the minority leader of
16the senate, who shall serve for a term as provided in section
1769.16B.
18(2) One state representative appointed by the minority
19leader of the house of representatives, who shall serve for a
20term as provided in section 69.16B.
21(3) One president, or the president’s designee, of the
22university of northern Iowa, the university of Iowa, or Iowa
23state university of science and technology, designated by the
24state board of regents on a rotating basis.
25(4) One president, or the president’s designee, of an
26independent Iowa college, appointed by the Iowa association of
27independent colleges and universities.
28(5) One president or president’s designee, of a community
29college, appointed by the Iowa association of community college
30presidents.
31(6) One representative of the economic development
32authority, appointed by the director.
33(7) One representative of the department on aging,
34appointed by the director.
35(8) (7) One representative of the department of
-34-1corrections, appointed by the director.
2(9) (8) One representative of the department of health and
3 human services, appointed by the director.
4(10) (9) One representative of the United States department
5of labor, office of apprenticeship.
6(11) (10) One representative from the largest statewide
7public employees’ organization representing state employees.
8(12) (11) One representative of a statewide labor
9organization representing employees in the construction
10industry.
11(13) (12) One representative of a statewide labor
12organization representing employees in the manufacturing
13industry.
14 Sec. 55. Section 84A.6, subsections 2 and 3, Code 2023, are
15amended to read as follows:
162. a. The director of the department of workforce
17development, in cooperation with the department of health
18and human services, shall provide job placement and training
19to persons referred by the department of health and human
20services under the promoting independence and self-sufficiency
21through employment job opportunities and basic skills program
22established pursuant to chapter 239B and the food stamp
23 supplemental nutrition assistance program employment and
24training program.
25b. The department of workforce development, in consultation
26with the department of health and human services, shall develop
27and implement departmental recruitment and employment practices
28that address the needs of former and current participants in
29the family investment program under chapter 239B.
303. The director of the department of workforce development,
31in cooperation with the department of health and human
32rights services and the vocational rehabilitation services
33division of the department of education, shall establish a
34program to provide job placement and training to persons with
35disabilities.
-35-1 Sec. 56. Section 84A.9, Code 2023, is amended to read as
2follows:
384A.9 Statewide mentoring program.
4A statewide mentoring program is established to recruit,
5screen, train, and match individuals in a mentoring
6relationship. The department of workforce development shall
7administer the program in collaboration with the departments
8of health and human services, and education, and human rights.
9The availability of the program is subject to the funding
10appropriated for the purposes of the program.
11 Sec. 57. Section 84A.11, subsection 2, Code 2023, is amended
12to read as follows:
132. The department of workforce development shall consult
14with the board of nursing, the department of public health
15and human services, the department of education, and other
16appropriate entities in developing recommendations to determine
17options for additional data collection.
18 Sec. 58. Section 84B.1, Code 2023, is amended to read as
19follows:
2084B.1 Workforce development system.
21The departments of workforce development, education,
22health and human services, and corrections, the economic
23development authority, the department on aging, the division of
24Iowa vocational rehabilitation services of the department of
25education, and the department for the blind shall collaborate
26where possible under applicable state and federal law to align
27workforce development programs, services, and activities in an
28integrated workforce development system in the state and in
29each local workforce development area that is data driven and
30responsive to the needs of workers, job seekers, and employers.
31The departments, authority, and division shall also jointly
32establish an integrated management information system for
33linking workforce development programs within local workforce
34development systems and in the state.
35 Sec. 59. Section 84B.2, unnumbered paragraph 1, Code 2023,
-36-1is amended to read as follows:
2The department of workforce development, in consultation
3with the departments of education, health and human services,
4and corrections, the economic development authority,
5the department on aging, the division of Iowa vocational
6rehabilitation services of the department of education, and
7the department for the blind shall establish guidelines for
8colocating state and federal employment and training programs
9in centers providing services at the local level. The
10centers shall be known as workforce development centers. The
11guidelines shall provide for local design and operation within
12the guidelines. The core services available at a center shall
13include but are not limited to all of the following:
14 Sec. 60. Section 85.38, subsection 4, Code 2023, is amended
15to read as follows:
164. Lien for hospital and medical services under chapter
17249A. In the event any hospital or medical services as provided
18in section 85.27 are paid by the state department of health and
19 human services on behalf of an employee who is entitled to such
20benefits under the provisions of this chapter or chapter 85A or
2185B, a lien shall exist as respects the right of such employee
22to benefits as described in section 85.27.
23 Sec. 61. Section 85.60, Code 2023, is amended to read as
24follows:
2585.60 Injuries while in work-based learning opportunity,
26employment training, or evaluation.
27A person participating in a work-based learning opportunity
28referred to in section 85.61, or receiving earnings while
29engaged in employment training or while undergoing an
30employment evaluation under the direction of a rehabilitation
31facility approved for purchase-of-service contracts or for
32referrals by the department of health and human services or the
33department of education, who sustains an injury arising out
34of and in the course of the work-based learning opportunity
35participation, employment training, or employment evaluation
-37-1is entitled to benefits as provided in this chapter, chapter
285A, chapter 85B, and chapter 86. Notwithstanding the minimum
3benefit provisions of this chapter, a person referred to in
4this section and entitled to benefits under this chapter is
5entitled to receive a minimum weekly benefit amount for a
6permanent partial disability under section 85.34, subsection
72, or for a permanent total disability under section 85.34,
8subsection 3, equal to the weekly benefit amount of a person
9whose gross weekly earnings are thirty-five percent of the
10statewide average weekly wage computed pursuant to section 96.3
11and in effect at the time of the injury.
12 Sec. 62. Section 85.61, subsection 3, paragraph b, Code
132023, is amended to read as follows:
14b. A rehabilitation facility approved for
15purchase-of-service contracts or for referrals by the
16department of health and human services or the department of
17education.
18 Sec. 63. Section 85A.11, subsection 2, Code 2023, is amended
19to read as follows:
202. The specimens for the tests required by this section
21must be taken by a licensed practicing physician or osteopathic
22physician, and immediately delivered to the state hygienic
23laboratory of the Iowa department of public health at Iowa
24City. Each specimen shall be in a container upon which is
25plainly printed the name and address of the subject, the date
26when the specimen was taken, the name and address of the
27subject’s employer, and a certificate by the physician or
28osteopathic physician that the physician took the specimen
29from the named subject on the date stated over the physician’s
30signature and address.
31 Sec. 64. Section 85A.20, Code 2023, is amended to read as
32follows:
3385A.20 Investigation.
34The workers’ compensation commissioner may designate
35the industrial hygiene physician medical director of the
-38-1Iowa department of public health and human services and two
2physicians selected by the dean of the university of Iowa
3college of medicine, from the staff of the college, who shall
4be qualified to diagnose and report on occupational diseases.
5For the purpose of investigating occupational diseases, the
6physicians shall have the use, without charge, of all necessary
7laboratory and other facilities of the university of Iowa
8college of medicine and of the university hospital at the state
9university of Iowa, and of the Iowa department of public health
10and human services in performing the physicians’ duties.
11 Sec. 65. Section 89.4, subsection 1, paragraph h, Code 2023,
12is amended to read as follows:
13h. Hot water heating boilers used for heating pools or spas
14regulated by the department of public health and human services
15 pursuant to chapter 135I.
16 Sec. 66. Section 89B.17, subsection 1, unnumbered paragraph
171, Code 2023, is amended to read as follows:
18The director of public health and human services, the labor
19commissioner, and the director of the department of natural
20resources or the director’s designee under written signatures
21of all these parties may recommend any of the following
22actions:
23 Sec. 67. Section 91C.1, Code 2023, is amended to read as
24follows:
2591C.1 Definition — exemption — combined registration and
26licensing process for plumbers and mechanical professionals.
271. As used in this chapter, unless the context otherwise
28requires, “contractor” means a person who engages in the
29business of construction, as the term “construction” is defined
30in the Iowa administrative code for purposes of the Iowa
31employment security law. However, a person who earns less than
32two thousand dollars annually or who performs work or has work
33performed on the person’s own property is not a contractor for
34purposes of this chapter. The state, its boards, commissions,
35agencies, departments, and its political subdivisions including
-39-1school districts and other special purpose districts, are not
2contractors for purposes of this chapter.
32. If a contractor’s registration application shows that
4the contractor is self-employed, does not pay more than two
5thousand dollars annually to employ other persons in the
6business, and does not work with or for other contractors in
7the same phases of construction, the contractor is exempt from
8the fee requirements under this chapter.
93. a. The labor services division of the department of
10workforce development and the Iowa department of public health
11and human services will work with stakeholders to develop a
12plan to combine the contractor registration and contractor
13licensing application process for contractors licensed under
14chapter 105, to be implemented in time for licensing renewals
15due July 1, 2017. Effective July 1, 2017, a A contractor
16licensed under chapter 105 shall register as a contractor under
17this chapter in conjunction with the contractor licensing
18process. At no cost to the labor services division, the
19department of public health and human services shall collect
20both the registration and licensing applications as part of one
21combined application. The labor commissioner shall design the
22contractor registration application form to exclude from the
23division of labor services’ contractor registration application
24process those contractors who are also covered by chapter
25105. The labor commissioner is authorized to may adopt rules
26as needed to accomplish a merger of the application systems
27including transitional registration periods and fees.
28b. Effective July 1, 2017, excluding Excluding registrations
29by contractors that are exempt from the registration fee
30pursuant to this section, the department of public health and
31human services shall collect and transfer to the labor services
32division a portion of each contractor license fee equal to
33three times the contractor registration fee for each three-year
34license or a prorated portion thereof of the registration fee
35 using a one-sixth deduction for each six-month period of the
-40-1renewal cycle.
2 Sec. 68. Section 92.17, subsection 3, Code 2023, is amended
3to read as follows:
43. A child from working in any occupation or business
5operated by the child’s parents. For the purposes of this
6subsection, “child” and “parents” include a foster child and the
7child’s foster parents who are licensed by the department of
8health and human services.
9 Sec. 69. Section 96.3, subsections 9 and 11, Code 2023, are
10amended to read as follows:
119. Child support intercept.
12a. An individual filing a claim for benefits under section
1396.6, subsection 1, shall, at the time of filing, disclose
14whether the individual owes a child support obligation which
15is being enforced by the child support recovery unit services
16 established in section 252B.2. If an individual discloses that
17such a child support obligation is owed and the individual is
18determined to be eligible for benefits under this chapter,
19the department shall notify the child support recovery unit
20 services of the individual’s disclosure and deduct and withhold
21from benefits payable to the individual the amount specified
22by the individual.
23b. However, if the child support recovery unit services
24 and an individual owing a child support obligation reach an
25agreement to have specified amounts deducted and withheld from
26the individual’s benefits and the child support recovery unit
27 services submits a copy of the agreement to the department, the
28department shall deduct and withhold the specified amounts.
29c. (1) However, if the department is notified of income
30withholding by the child support recovery unit services under
31chapter 252D or section 598.22 or 598.23 or if income is
32garnisheed by the child support recovery unit services under
33chapter 642 and an individual’s benefits are condemned to the
34satisfaction of the child support obligation being enforced by
35the child support recovery unit services, the department shall
-41-1deduct and withhold from the individual’s benefits that amount
2required through legal process.
3(2) Notwithstanding section 642.2, subsections 2, 3,
46, and 7, which restrict garnishments under chapter 642 to
5wages of public employees, the department may be garnisheed
6under chapter 642 by the child support recovery unit services
7 established in section 252B.2, pursuant to a judgment for child
8support against an individual eligible for benefits under this
9chapter.
10(3) Notwithstanding section 96.15, benefits under this
11chapter are not exempt from income withholding, garnishment,
12attachment, or execution if withheld for or garnisheed by the
13 child support recovery unit services, established in section
14252B.2, or if an income withholding order or notice of the
15income withholding order under section 598.22 or 598.23 is
16being enforced by the child support recovery unit services to
17satisfy the child support obligation of an individual who is
18eligible for benefits under this chapter.
19d. An amount deducted and withheld under paragraph “a”, “b”,
20or “c” shall be paid by the department to the child support
21recovery unit services, and shall be treated as if it were paid
22to the individual as benefits under this chapter and as if it
23were paid by the individual to the child support recovery unit
24 services in satisfaction of the individual’s child support
25obligations.
26e. If an agreement for reimbursement has been made, the
27department shall be reimbursed by the child support recovery
28unit services for the administrative costs incurred by the
29department under this section which are attributable to the
30enforcement of child support obligations by the child support
31recovery unit services.
3211. Overissuance of food stamp supplemental nutrition
33assistance program benefits. The department shall collect any
34overissuance of food stamp supplemental nutrition assistance
35program benefits by offsetting the amount of the overissuance
-42-1from the benefits payable under this chapter to the individual.
2This subsection shall only apply if the department is
3reimbursed under an agreement with the department of health and
4 human services for administrative costs incurred in recouping
5the overissuance. The provisions of section 96.15 do not apply
6to this subsection.
7 Sec. 70. Section 97B.49B, subsection 1, paragraph e,
8subparagraph (16), Code 2023, is amended to read as follows:
9(16) A person employed by the department of health and
10 human services as a psychiatric security specialist at a civil
11commitment unit for sexually violent offenders facility.
12 Sec. 71. Section 99D.7, subsections 22 and 23, Code 2023,
13are amended to read as follows:
1422. To cooperate with the gambling treatment program
15administered by the Iowa department of public health and human
16services to incorporate information regarding the gambling
17treatment program and its toll-free telephone number in printed
18materials distributed by the commission. The commission may
19require licensees to have the information available in a
20conspicuous place as a condition of licensure.
2123. To establish a process to allow a person to be
22voluntarily excluded from advance deposit wagering as defined
23in section 99D.11, from an internet fantasy sports contest as
24defined in section 99E.1, from advance deposit sports wagering
25as defined in section 99F.9, and from the wagering area of
26a racetrack enclosure, from the gaming floor, and from the
27sports wagering area, as defined in section 99F.1, of all
28other licensed facilities under this chapter and chapter 99F
29as provided in this subsection. The process shall provide
30that an initial request by a person to be voluntarily excluded
31shall be for a period of five years or life and any subsequent
32request following any five-year period shall be for a period of
33five years or life. The process established shall require that
34licensees be provided electronic access to names and social
35security numbers of persons voluntarily excluded through a
-43-1secured interactive internet site maintained by the commission
2and information regarding persons voluntarily excluded shall
3be disseminated to all licensees under this chapter, chapter
499E, and chapter 99F. The names, social security numbers, and
5information regarding persons voluntarily excluded shall be
6kept confidential unless otherwise ordered by a court or by
7another person duly authorized to release such information.
8The process established shall also require a person requesting
9to be voluntarily excluded be provided information compiled
10by the Iowa department of public health and human services
11 on gambling treatment options. The state and any licensee
12under this chapter, chapter 99E, or chapter 99F shall not be
13liable to any person for any claim which may arise from this
14process. In addition to any other penalty provided by law, any
15money or thing of value that has been obtained by, or is owed
16to, a voluntarily excluded person as a result of wagers made
17by the person after the person has been voluntarily excluded
18shall be forfeited by the person and shall be credited to the
19general fund of the state. The commission shall not initiate
20any administrative action or impose penalties on a licensee who
21voluntarily reports to the commission activity described in
22section 99D.24, subsection 4, paragraph “c”.
23 Sec. 72. Section 99D.9, subsection 6, paragraph b, Code
242023, is amended to read as follows:
25b. A licensee shall not permit a financial institution,
26vendor, or other person to dispense cash or credit through an
27electronic or mechanical device including but not limited to a
28satellite terminal as defined in section 527.2, that is located
29in the wagering area. However, this paragraph shall not apply
30to cashless wagering systems where a person accesses a cash
31account through a mobile application used by the licensee
32to conduct cashless wagering. The mobile application shall
33include the statewide telephone number authorized by the Iowa
34 department of public health and human services to provide
35problem gambling information and extensive responsible gaming
-44-1features in addition to those described in section 99D.7,
2subsection 23.
3 Sec. 73. Section 99E.5, subsection 2, paragraph d, Code
42023, is amended to read as follows:
5d. Include on the internet site or mobile application used
6by the licensee to conduct internet fantasy sports contests the
7statewide telephone number authorized by the Iowa department of
8public health and human services to provide problem gambling
9information and extensive responsible gaming features in
10addition to those described in section 99F.4, subsection 22.
11 Sec. 74. Section 99F.4, subsection 22, Code 2023, is amended
12to read as follows:
1322. To establish a process to allow a person to be
14voluntarily excluded from advance deposit wagering as defined
15in section 99D.11, from an internet fantasy sports contest
16as defined in section 99E.1, from advance deposit sports
17wagering as defined in section 99F.9, from the gaming floor
18and sports wagering area of an excursion gambling boat, from
19the wagering area, as defined in section 99D.2, and from the
20gaming floor and sports wagering area of all other licensed
21facilities under this chapter and chapter 99D as provided in
22this subsection. The process shall provide that an initial
23request by a person to be voluntarily excluded shall be for
24a period of five years or life and any subsequent request
25following any five-year period shall be for a period of five
26years or life. The process established shall require that
27licensees be provided electronic access to names and social
28security numbers of persons voluntarily excluded through a
29secured interactive internet site maintained by the commission
30and information regarding persons voluntarily excluded shall
31be disseminated to all licensees under this chapter, chapter
3299D, and chapter 99E. The names, social security numbers, and
33information regarding persons voluntarily excluded shall be
34kept confidential unless otherwise ordered by a court or by
35another person duly authorized to release such information.
-45-1The process established shall also require a person requesting
2to be voluntarily excluded be provided information compiled
3by the Iowa department of public health and human services
4 on gambling treatment options. The state and any licensee
5under this chapter, chapter 99D, or chapter 99E shall not be
6liable to any person for any claim which may arise from this
7process. In addition to any other penalty provided by law, any
8money or thing of value that has been obtained by, or is owed
9to, a voluntarily excluded person as a result of wagers made
10by the person after the person has been voluntarily excluded
11shall be forfeited by the person and shall be credited to the
12general fund of the state. The commission shall not initiate
13any administrative action or impose penalties on a licensee who
14voluntarily reports to the commission activity described in
15section 99F.15, subsection 4, paragraph “n”.
16 Sec. 75. Section 99F.7, subsection 10, paragraph b, Code
172023, is amended to read as follows:
18b. A licensee shall not permit a financial institution,
19vendor, or other person to dispense cash or credit through an
20electronic or mechanical device including but not limited to
21a satellite terminal, as defined in section 527.2, that is
22located on the gaming floor. However, this paragraph shall not
23apply to cashless wagering systems where a person accesses a
24cash account through a mobile application used by the licensee
25to conduct cashless wagering. The mobile application shall
26include the statewide telephone number authorized by the Iowa
27 department of public health and human services to provide
28problem gambling information and extensive responsible gaming
29features in addition to those described in section 99F.4,
30subsection 22.
31 Sec. 76. Section 99F.7A, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. Include on the internet site or mobile application used
34by the licensee to conduct advance deposit sports wagering as
35authorized in section 99F.9 the statewide telephone number
-46-1authorized by the Iowa department of public health and human
2services to provide problem gambling information and extensive
3responsible gaming features in addition to those described in
4section 99F.4, subsection 22.
5 Sec. 77. Section 99G.42, Code 2023, is amended to read as
6follows:
799G.42 Compulsive gamblers — treatment program information.
8The authority shall cooperate with the gambling treatment
9program administered by the Iowa department of public health
10and human services to incorporate information regarding the
11gambling treatment program and its toll-free telephone number
12in printed materials distributed by the authority.
13 Sec. 78. Section 100C.1, subsection 1, Code 2023, is amended
14to read as follows:
151. “Alarm system” means a system or portion of a combination
16system that consists of components and circuits arranged to
17monitor and annunciate the status of a fire alarm, security
18alarm, or nurse call or supervisory signal-initiating devices
19and to initiate the appropriate response to those signals,
20but does not mean any such security system or portion of a
21combination system installed in a prison, jail, or detention
22facility owned by the state, a political subdivision of the
23state, the department of health and human services, or the Iowa
24veterans home.
25 Sec. 79. Section 101C.3, subsection 1, Code 2023, is amended
26to read as follows:
271. The Iowa propane education and research council is
28established. The council shall consist of ten voting members,
29nine of whom represent retail propane marketers and one of whom
30shall be the administrator of the division of a representative
31of the department of health and human services responsible
32for community action agencies of the department of human
33rights. Members of the council other than the administrator
34 representing retail propane marketers shall be appointed by the
35fire marshal from a list of nominees submitted by qualified
-47-1propane industry organizations by December 15 of each year. A
2vacancy in the unfinished term of a council member shall be
3filled for the remainder of the term in the same manner as the
4original appointment was made. Other than the administrator,
5council Council members representing retail propane marketers
6 shall be full-time employees or owners of a propane industry
7business or representatives of an agricultural cooperative
8actively engaged in the propane industry. An employee of a
9qualified propane industry organization shall not serve as a
10member of the council. An officer of the board of directors of
11a qualified propane industry organization or propane industry
12trade association shall not serve concurrently as a member of
13the council. The fire marshal or a designee may serve as an ex
14officio, nonvoting member of the council.
15 Sec. 80. Section 105.2, subsection 4, Code 2023, is amended
16to read as follows:
174. “Department” means the Iowa department of public health
18and human services.
19 Sec. 81. Section 105.2, Code 2023, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 4A. “Director” means the director of health
22and human services.
23 Sec. 82. Section 105.3, subsection 1, Code 2023, is amended
24to read as follows:
251. A plumbing and mechanical systems board is created within
26the Iowa department of public health.
27 Sec. 83. Section 105.3, subsection 2, paragraph a,
28subparagraph (1), Code 2023, is amended to read as follows:
29(1) The director of public health or the director’s
30designee.
31 Sec. 84. Section 105.12, subsection 1, Code 2023, is amended
32to read as follows:
331. A contracting, plumbing, mechanical, HVAC-refrigeration,
34sheet metal, or hydronic license shall be in the form of a
35certificate under the seal of the department, signed by the
-48-1director of public health, and shall be issued in the name of
2the board. The license number shall be noted on the face of the
3license.
4 Sec. 85. Section 123.17, Code 2023, is amended to read as
5follows:
6123.17 Beer and liquor control fund — allocations to
7substance abuse use disorder programs — use of civil penalties.
81. There shall be established within the office of
9the treasurer of state a fund to be known as the beer and
10liquor control fund. The fund shall consist of any moneys
11appropriated by the general assembly for deposit in the fund
12and moneys received from the sale of alcoholic liquors by the
13division, from the issuance of permits and licenses, and of
14moneys and receipts received by the division from any other
15source.
162. a. The director of the department of administrative
17services shall periodically transfer from the beer and liquor
18control fund to the general fund of the state those revenues
19of the division which are not necessary for the purchase of
20liquor for resale by the division, or for remittances to local
21authorities or other sources as required by this chapter, or
22for other obligations and expenses of the division which are
23paid from such fund.
24b. All moneys received by the division from the issuance of
25vintner’s certificates of compliance and wine permits shall be
26transferred by the director of the department of administrative
27services to the general fund of the state.
283. Notwithstanding subsection 2, if gaming revenues under
29sections 99D.17 and 99F.11 are insufficient in a fiscal year to
30meet the total amount of such revenues directed to be deposited
31in the revenue bonds debt service fund and the revenue bonds
32federal subsidy holdback fund during the fiscal year pursuant
33to section 8.57, subsection 5, paragraph “e”, the difference
34shall be paid from moneys deposited in the beer and liquor
35control fund prior to transfer of such moneys to the general
-49-1fund pursuant to subsection 2 and prior to the transfer of such
2moneys pursuant to subsections 5 and 6. If moneys deposited in
3the beer and liquor control fund are insufficient during the
4fiscal year to pay the difference, the remaining difference
5shall be paid from moneys deposited in the beer and liquor
6control fund in subsequent fiscal years as such moneys become
7available.
84. The treasurer of state shall, each quarter, prepare
9an estimate of the gaming revenues and of the moneys to be
10deposited in the beer and liquor control fund that will become
11available during the remainder of the appropriate fiscal year
12for the purposes described in subsection 3. The department
13of management, the department of inspections and appeals, and
14the department of commerce shall take appropriate actions to
15provide that the sum of the amount of gaming revenues available
16to be deposited into the revenue bonds debt service fund and
17the revenue bonds federal subsidy holdback fund during a fiscal
18year and the amount of moneys to be deposited in the beer and
19liquor control fund available to be deposited into the revenue
20bonds debt service fund and the revenue bonds federal subsidy
21holdback fund during such fiscal year will be sufficient to
22cover any anticipated deficiencies.
235. After any transfer provided for in subsection 3 is
24made, the department of commerce shall transfer into a special
25revenue account in the general fund of the state, a sum of
26money at least equal to seven percent of the gross amount of
27sales made by the division from the beer and liquor control
28fund on a monthly basis but not less than nine million dollars
29annually. Of the amounts transferred, two million dollars,
30plus an additional amount determined by the general assembly,
31shall be appropriated to the Iowa department of public health
32and human services for use by the staff who administer the
33comprehensive substance abuse use disorder program under
34chapter 125 for substance abuse use disorder treatment and
35prevention programs. Any amounts received in excess of the
-50-1amounts appropriated to the Iowa department of public health
2and human services for use by the staff who administer the
3comprehensive substance abuse use disorder program under
4chapter 125 shall be considered part of the general fund
5balance.
66. After any transfers provided for in subsections 3 and 5,
7the department of commerce shall transfer to the division from
8the beer and liquor control fund and before any other transfer
9to the general fund, an amount sufficient to pay the costs
10incurred by the division for collecting and properly disposing
11of the liquor containers.
127. After any transfers provided for in subsections 3, 5,
13and 6, and before any other transfer to the general fund,
14the department of commerce shall transfer to the economic
15development authority from the beer and liquor control fund
16two million dollars annually for statewide tourism marketing
17services and efforts pursuant to section 15.275.
188. After any transfers provided for in subsections 3, 5,
196, and 7, and before any other transfer to the general fund,
20the department of commerce shall transfer from the beer and
21liquor control fund one million dollars to the Iowa department
22of public health and human services for distribution pursuant
23to section 125.59.
249. Civil penalties imposed and collected by the division
25shall be credited to the general fund of the state. The
26moneys from the civil penalties shall be used by the division,
27subject to appropriation by the general assembly, for the
28purposes of providing educational programs, information and
29publications for alcoholic beverage licensees and permittees,
30local authorities, and law enforcement agencies regarding the
31laws and rules which govern the alcoholic beverages industry,
32and for promoting compliance with alcoholic beverage laws and
33rules.
34 Sec. 86. Section 123.47, subsection 4, paragraph a,
35subparagraph (2), Code 2023, is amended to read as follows:
-51- 1(2) A second offense shall be a simple misdemeanor
2punishable by a fine of five hundred dollars. In addition to
3any other applicable penalty, the person in violation of this
4section shall choose between either completing a substance
5abuse use disorder evaluation or the suspension of the person’s
6motor vehicle operating privileges for a period not to exceed
7one year.
8 Sec. 87. Section 124.409, subsection 1, Code 2023, is
9amended to read as follows:
101. Whenever the court finds that a person who is charged
11with a violation of section 124.401 and who consents thereto,
12or who has entered a plea of guilty to or been found guilty of
13a violation of that section, is addicted to, dependent upon,
14or a chronic abuser user of any controlled substance and that
15such person will be aided by proper medical treatment and
16rehabilitative services, the court may order that the person
17be committed as an in-patient or out-patient to a facility
18licensed by the Iowa department of public health and human
19services for medical treatment and rehabilitative services.
20 Sec. 88. Section 124.504, subsection 3, Code 2023, is
21amended to read as follows:
223. A practitioner engaged in medical practice or research
23or the Iowa drug abuse substance use disorder authority or
24any program which is licensed by the authority shall not be
25required to furnish the name or identity of a patient or
26research subject to the board or the department, nor shall the
27practitioner or the authority or any program which is licensed
28by the authority be compelled in any state or local civil,
29criminal, administrative, legislative or other proceedings
30to furnish the name or identity of an individual that the
31practitioner or the authority or any of its licensed programs
32is obligated to keep confidential.
33 Sec. 89. Section 124.551, subsection 2, paragraph a,
34unnumbered paragraph 1, Code 2023, is amended to read as
35follows:
-52- 1The program shall collect from pharmacies dispensing
2information for controlled substances identified pursuant
3to section 124.554, subsection 1, paragraph “g”, and from
4first responders as defined in section 147A.1, subsection
57, with the exception of emergency medical care providers
6as defined in section 147A.1, subsection 4, administration
7information for opioid antagonists. The department of public
8 health and human services shall provide information for the
9administration of opioid antagonists to the board as prescribed
10by rule for emergency medical care providers as defined in
11section 147A.1, subsection 4. The board shall adopt rules
12requiring the following information to be provided regarding
13the administration of opioid antagonists:
14 Sec. 90. Section 124.556, Code 2023, is amended to read as
15follows:
16124.556 Education and treatment.
17The program shall include education initiatives and outreach
18to consumers, prescribing practitioners, and pharmacists, and
19shall also include assistance for identifying substance abuse
20 use disorder treatment programs and providers. The program
21shall also include educational updates and information on
22general patient risk factors for prescribing practitioners.
23The board and advisory council shall adopt rules, as provided
24under section 124.554, to implement this section.
25 Sec. 91. Section 124E.2, subsections 3 and 8, Code 2023, are
26amended to read as follows:
273. “Department” means the department of public health and
28human services.
298. “Laboratory” means the state hygienic laboratory
30at the university of Iowa in Iowa City or any other
31independent medical cannabidiol testing facility accredited
32to standard ISO/IEC 17025 by an international organization
33for standards-approved accrediting body, with a controlled
34substance registration certificate from the United States drug
35enforcement administration and a certificate of registration
-53-1from the board of pharmacy. For the purposes of this chapter,
2an independent laboratory is a laboratory operated by an
3entity that has no equity ownership in a medical cannabidiol
4manufacturer.
5 Sec. 92. Section 124E.6, subsection 4, Code 2023, is amended
6to read as follows:
74. A medical cannabidiol manufacturer shall contract with
8a laboratory to perform spot-check testing of the medical
9cannabidiol produced by the medical cannabidiol manufacturer
10as provided in section 124E.7. The department shall require
11that the laboratory report testing results to the medical
12cannabidiol manufacturer and the department as determined by
13the department by rule. If a medical cannabidiol manufacturer
14contracts with a laboratory other than the state hygienic
15laboratory at the university of Iowa in Iowa City, the
16department shall approve the laboratory to perform testing
17pursuant to this chapter.
18 Sec. 93. Section 124E.14, Code 2023, is amended to read as
19follows:
20124E.14 Out-of-state medical cannabidiol dispensaries.
21The department of public health shall utilize a request for
22proposals process to select and license by December 1, 2017,
23up to two out-of-state medical cannabidiol dispensaries from a
24bordering state to sell and dispense medical cannabidiol to a
25patient or primary caregiver in possession of a valid medical
26cannabidiol registration card issued under this chapter.
27 Sec. 94. Section 125.1, Code 2023, is amended to read as
28follows:
29125.1 Declaration of policy.
30It is the policy of this state:
311. That persons with substance-related disorders a
32substance use disorder be afforded the opportunity to
33receive quality treatment and directed into rehabilitation
34services which will help them resume a socially acceptable and
35productive role in society.
-54- 12. To encourage substance abuse use disorder education
2and prevention efforts and to insure that such efforts are
3coordinated to provide a high quality of services without
4unnecessary duplication.
53. To insure that substance abuse use disorder programs
6are being operated by individuals who are qualified in their
7field whether through formal education or through employment
8or personal experience.
9 Sec. 95. Section 125.2, Code 2023, is amended to read as
10follows:
11125.2 Definitions.
12For purposes of this chapter, unless the context clearly
13indicates otherwise:
141. “Board” means the state board of health created pursuant
15to chapter 136.
162. 1. “Chemical substance” means alcohol, wine, spirits,
17and beer as defined in chapter 123 and controlled substances
18as defined in section 124.101.
193. 2. “Chief medical officer” means the medical director
20in charge of a public or private hospital, or the director’s
21physician-designee. This chapter does not negate the
22authority otherwise reposed by chapter 226 in the respective
23superintendents of the state mental health institutes to make
24decisions regarding the appropriateness of admissions or
25discharges of patients of those institutes, however, it is
26the intent of this chapter that a superintendent who is not a
27licensed physician shall be guided in these decisions by the
28chief medical officer of the institute.
294. 3. “Clerk” means the clerk of the district court.
304. “Council” means the council on health and human services.
315. “County of residence” means the same as defined in
32section 331.394.
336. “Department” means the Iowa department of public health
34and human services.
357. “Director” means the director of the Iowa department of
-55-1public health and human services.
28. “Facility” means an institution, a detoxification center,
3or an installation providing care, maintenance and treatment
4for persons with substance-related disorders a substance use
5disorder licensed by the department under section 125.13,
6hospitals licensed under chapter 135B, or the state mental
7health institutes designated by chapter 226.
89. “Incapacitated by a chemical substance” means that a
9person, as a result of the use of a chemical substance, is
10unconscious or has the person’s judgment otherwise so impaired
11that the person is incapable of realizing and making a rational
12decision with respect to the need for treatment.
1310. “Incompetent person” means a person who has been
14adjudged incompetent by a court of law.
1511. “Interested person” means a person who, in the
16discretion of the court, is legitimately concerned that a
17respondent receive substance abuse use disorder treatment
18services.
1912. “Magistrate” means the same as defined in section 801.4,
20subsection 10.
2113. “Mental health professional” means the same as defined
22in section 228.1.
2314. “Psychiatric advanced registered nurse practitioner”
24means an individual currently licensed as a registered nurse
25under chapter 152 or 152E who holds a national certification in
26psychiatric mental health care and who is licensed by the board
27of nursing as an advanced registered nurse practitioner.
2815. “Respondent” means a person against whom an application
29is filed under section 125.75.
3016. “Substance-related disorder” “Substance use disorder”
31 means a diagnosable substance abuse disorder of sufficient
32duration to meet diagnostic criteria specified within the most
33current diagnostic and statistical manual of mental disorders
34published by the American psychiatric association that results
35in a functional impairment.
-56-1 Sec. 96. Section 125.3, Code 2023, is amended to read as
2follows:
3125.3 Substance abuse use disorder program established.
4The Iowa department of public health shall develop,
5implement, and administer a comprehensive substance abuse use
6disorder program pursuant to sections 125.1 and 125.2, this
7section, and sections 125.7, 125.9, 125.10, 125.12 through
8125.21, 125.25, 125.32 through 125.34, and 125.37 through
9125.43.
10 Sec. 97. Section 125.7, Code 2023, is amended to read as
11follows:
12125.7 Duties of the board council.
13The board council shall:
141. Approve the comprehensive substance abuse use disorder
15 program, developed by the department pursuant to sections 125.1
16through 125.3, this section, and sections 125.9, 125.10, 125.12
17through 125.21, 125.25, 125.32 through 125.34, and 125.37
18through 125.43.
192. Advise the department on policies governing the
20performance of the department in the discharge of any duties
21imposed on the department by law.
223. Advise or make recommendations to the governor and the
23general assembly relative to substance abuse use disorder
24 treatment, intervention, education, and prevention programs in
25this state.
264. Adopt rules for subsections 1 and 6 and review other
27rules necessary to carry out the provisions of this chapter,
28subject to review in accordance with chapter 17A.
295. Investigate the work of the department relating to
30substance abuse use disorder, and for this purpose the board
31 council shall have access at any time to all books, papers,
32documents, and records of the department.
336. Consider and approve or disapprove all applications
34for a license and all cases involving the renewal, denial,
35suspension, or revocation of a license.
-57- 17. Act as the appeal board regarding funding decisions made
2by the department.
3 Sec. 98. Section 125.9, subsections 1, 2, 4, 5, and 6, Code
42023, are amended to read as follows:
51. Plan, establish and maintain treatment, intervention,
6education, and prevention programs as necessary or desirable in
7accordance with the comprehensive substance abuse use disorder
8 program.
92. Make contracts necessary or incidental to the
10performance of the duties and the execution of the powers
11of the director, including contracts with public and
12private agencies, organizations and individuals to pay
13them for services rendered or furnished to persons with
14substance-related disorders a substance use disorder.
154. Coordinate the activities of the department and
16cooperate with substance abuse use disorder programs in
17this and other states, and make contracts and other joint or
18cooperative arrangements with state, local or private agencies
19in this and other states for the treatment of persons with
20substance-related disorders a substance use disorder and
21for the common advancement of substance abuse use disorder
22 programs.
235. Require that a written report, in reasonable detail, be
24submitted to the director at any time by any agency of this
25state or of any of its political subdivisions in respect to any
26substance abuse use disorder prevention function, or program
27for the benefit of persons who are or have been involved in
28substance abuse use disorder, which is being conducted by the
29agency.
306. Submit to the governor a written report of the
31pertinent facts at any time the director concludes that any
32agency of this state or of any of its political subdivisions
33is conducting any substance abuse use disorder prevention
34function, or program for the benefit of persons who are or have
35been involved in substance abuse use disorder in a manner not
-58-1consistent with or which impairs achievement of the objectives
2of the state plan to combat substance abuse use disorder, and
3has failed to effect appropriate changes in the function or
4program.
5 Sec. 99. Section 125.10, Code 2023, is amended to read as
6follows:
7125.10 Duties of director.
8The director shall:
91. Prepare and submit a state plan subject to approval by
10the board council and in accordance with 42 U.S.C. §300x-21 et
11seq. The state plan shall designate the department as the sole
12agency for supervising the administration of the plan.
132. Develop, encourage, and foster statewide, regional,
14and local plans and programs for the prevention of substance
15misuse use disorder and the treatment of persons with
16substance-related disorders a substance use disorder in
17cooperation with public and private agencies, organizations and
18individuals, and provide technical assistance and consultation
19services for these purposes.
203. Coordinate the efforts and enlist the assistance of all
21public and private agencies, organizations, and individuals
22interested in the prevention of substance misuse use disorder
23 and the treatment of persons with substance-related disorders a
24substance use disorder. The director’s actions to implement
25this subsection shall also address the treatment needs of
26persons who have a mental illness, an intellectual disability,
27brain injury, or other co-occurring condition in addition to a
28substance-related substance use disorder.
294. Cooperate with the department of human services and
30the Iowa department of public health in establishing and
31conducting programs to provide treatment for persons with
32substance-related disorders a substance use disorder.
335. Cooperate with the department of education, boards
34of education, schools, police departments, courts, and other
35public and private agencies, organizations, and individuals
-59-1in establishing programs for the prevention of substance
2misuse use disorder and the treatment of persons with
3substance-related disorders a substance use disorder, and in
4preparing relevant curriculum materials for use at all levels
5of school education.
66. Prepare, publish, evaluate and disseminate educational
7material dealing with the nature and effects of chemical
8substances.
97. Develop and implement, as an integral part of treatment
10programs, an educational program for use in the treatment
11of persons with substance-related disorders a substance use
12disorder, which program shall include the dissemination of
13information concerning the nature and effects of substances.
148. Organize and implement, in cooperation with local
15treatment programs, training programs for all persons engaged
16in treatment of persons with substance-related disorders a
17substance use disorder.
189. Sponsor and implement research in cooperation with
19local treatment programs into the causes and nature of
20substance misuse use disorder and treatment of persons with
21substance-related disorders a substance use disorder, and serve
22as a clearing house for information relating to substance
23misuse use disorder.
2410. Specify uniform methods for keeping statistical
25information by public and private agencies, organizations,
26and individuals, and collect and make available relevant
27statistical information, including number of persons treated,
28frequency of admission and readmission, and frequency and
29duration of treatment.
3011. Develop and implement, with the counsel and approval
31of the board council, the comprehensive plan for treatment
32of persons with substance-related disorders a substance use
33disorder in accordance with this chapter.
3412. Assist in the development of, and cooperate with,
35substance abuse use disorder education and treatment programs
-60-1for employees of state and local governments and businesses and
2industries in the state.
313. Utilize the support and assistance of interested
4persons in the community, particularly persons who are
5recovering from substance-related disorders a substance use
6disorder to encourage persons with substance-related disorders
7 a substance use disorder to voluntarily undergo treatment.
814. Cooperate with the commissioner of public safety in
9establishing and conducting programs designed to deal with the
10problem of persons operating motor vehicles while intoxicated.
1115. Encourage general hospitals and other appropriate
12health facilities to admit without discrimination persons
13with substance-related disorders a substance use disorder
14 and to provide them with adequate and appropriate treatment.
15The director may negotiate and implement contracts with
16hospitals and other appropriate health facilities with adequate
17detoxification facilities.
1816. Encourage all health and disability insurance programs
19to include substance-related substance use disorders as covered
20illnesses.
2117. Review all state health, welfare, education and
22treatment proposals to be submitted for federal funding under
23federal legislation, and advise the governor on provisions
24to be included relating to substance misuse use disorder and
25persons with substance-related disorders a substance use
26disorder.
27 Sec. 100. Section 125.12, subsections 1 and 3, Code 2023,
28are amended to read as follows:
291. The board council shall review the comprehensive
30substance abuse use disorder program implemented by the
31department for the treatment of persons with substance-related
32disorders a substance use disorder and concerned family
33members. Subject to the review of the board council, the
34director shall divide the state into appropriate regions
35for the conduct of the program and establish standards for
-61-1the development of the program on the regional level. In
2establishing the regions, consideration shall be given to city
3and county lines, population concentrations, and existing
4substance abuse use disorder treatment services.
53. The director shall provide for adequate and appropriate
6treatment for persons with substance-related disorders a
7substance use disorder and concerned family members admitted
8under sections 125.33 and 125.34, or under section 125.75,
9125.81, or 125.91. Treatment shall not be provided at a
10correctional institution except for inmates. A mental health
11professional who is employed by a treatment provider under the
12program may provide treatment to a person with co-occurring
13substance-related substance use and mental health disorders.
14Such treatment may also be provided by a person employed by
15such a treatment provider who is receiving the supervision
16required to meet the definition of mental health professional
17but has not completed the supervision component.
18 Sec. 101. Section 125.13, subsection 1, paragraph a, Code
192023, is amended to read as follows:
20a. Except as provided in subsection 2, a person shall not
21maintain or conduct any chemical substitutes or antagonists
22program, residential program, or nonresidential outpatient
23program, the primary purpose of which is the treatment and
24rehabilitation of persons with substance-related disorders a
25substance use disorder without having first obtained a written
26license for the program from the department.
27 Sec. 102. Section 125.13, subsection 2, paragraphs a, b, c,
28f, i, and j, Code 2023, are amended to read as follows:
29a. A hospital providing care or treatment to persons
30with substance-related disorders a substance use disorder
31 licensed under chapter 135B which is accredited by the joint
32commission on the accreditation of health care organizations,
33the commission on accreditation of rehabilitation facilities,
34the American osteopathic association, or another recognized
35organization approved by the board council. All survey reports
-62-1from the accrediting or licensing body must be sent to the
2department.
3b. Any practitioner of medicine and surgery or osteopathic
4medicine and surgery, in the practitioner’s private practice.
5However, a program shall not be exempted from licensing by the
6board council by virtue of its utilization of the services of a
7medical practitioner in its operation.
8c. Private institutions conducted by and for persons who
9adhere to the faith of any well recognized church or religious
10denomination for the purpose of providing care, treatment,
11counseling, or rehabilitation to persons with substance-related
12disorders a substance use disorder and who rely solely on
13prayer or other spiritual means for healing in the practice of
14religion of such church or denomination.
15f. Individuals in private practice who are providing
16substance abuse use disorder treatment services independent
17from a program that is required to be licensed under subsection
181.
19i. A substance abuse use disorder treatment program not
20funded by the department which is accredited or licensed
21by the joint commission on the accreditation of health
22care organizations, the commission on the accreditation
23of rehabilitation facilities, the American osteopathic
24association, or another recognized organization approved by
25the board council. All survey reports from the accrediting or
26licensing body must be sent to the department.
27j. A hospital substance abuse use disorder treatment program
28that is accredited or licensed by the joint commission on the
29accreditation of health care organizations, the commission on
30the accreditation of rehabilitation facilities, the American
31osteopathic association, or another recognized organization
32approved by the board council. All survey reports for the
33hospital substance abuse use disorder treatment program
34from the accrediting or licensing body shall be sent to the
35department.
-63-1 Sec. 103. Section 125.14, Code 2023, is amended to read as
2follows:
3125.14 Licenses — renewal — fees.
4The board council shall consider all cases involving initial
5issuance, and renewal, denial, suspension, or revocation
6of a license. The department shall issue a license to an
7applicant whom the board council determines meets the licensing
8requirements of this chapter. Licenses shall expire no
9later than three years from the date of issuance and shall be
10renewed upon timely application made in the same manner as
11for initial issuance of a license unless notice of nonrenewal
12is given to the licensee at least thirty days prior to the
13expiration of the license. The department shall not charge a
14fee for licensing or renewal of programs contracting with the
15department for provision of treatment services. A fee may be
16charged to other licensees.
17 Sec. 104. Section 125.14A, Code 2023, is amended to read as
18follows:
19125.14A Personnel of a licensed program admitting juveniles.
201. If a person is being considered for licensure under this
21chapter, or for employment involving direct responsibility for
22a child or with access to a child when the child is alone, by
23a program admitting juveniles subject to licensure under this
24chapter, or if a person will reside in a facility utilized
25by such a program, and if the person has been convicted of
26a crime or has a record of founded child abuse, the record
27check evaluation system of the department of human services
28 and the program, for an employee of the program, shall perform
29an evaluation to determine whether the crime or founded
30child abuse warrants prohibition of licensure, employment, or
31residence in the facility. The department of human services
32 record check evaluation system shall conduct criminal and
33child abuse record checks in this state and may conduct these
34checks in other states. The evaluation shall be performed in
35accordance with procedures adopted for this purpose by the
-64-1department of human services.
22. If the department of human services record check
3evaluation system determines that a person has committed a
4crime or has a record of founded child abuse and is licensed,
5employed by a program licensed under this chapter, or resides
6in a licensed facility the department record check evaluation
7system shall notify the program that an evaluation will be
8conducted to determine whether prohibition of the person’s
9licensure, employment, or residence is warranted.
103. In an evaluation, the department of human services
11 record check evaluation system and the program for an employee
12of the program shall consider the nature and seriousness of
13the crime or founded child abuse in relation to the position
14sought or held, the time elapsed since the commission of the
15crime or founded child abuse, the circumstances under which
16the crime or founded child abuse was committed, the degree of
17rehabilitation, the likelihood that the person will commit the
18crime or founded child abuse again, and the number of crimes
19or founded child abuses committed by the person involved. The
20department of human services record check evaluation system
21 may permit a person who is evaluated to be licensed, employed,
22or to reside, or to continue to be licensed, employed, or
23to reside in a program, if the person complies with the
24department’s record check evaluation system’s conditions
25relating to the person’s licensure, employment, or residence,
26which may include completion of additional training. For an
27employee of a licensee, these conditional requirements shall
28be developed with the licensee. The department of human
29services record check evaluation system has final authority
30in determining whether prohibition of the person’s licensure,
31employment, or residence is warranted and in developing any
32conditional requirements under this subsection.
334. If the department of human services record check
34evaluation system determines that the person has committed a
35crime or has a record of founded child abuse which warrants
-65-1prohibition of licensure, employment, or residence, the person
2shall not be licensed under this chapter to operate a program
3admitting juveniles and shall not be employed by a program or
4reside in a facility admitting juveniles licensed under this
5chapter.
65. In addition to the record checks required under this
7section, the department of human services record check
8evaluation system may conduct dependent adult abuse record
9checks in this state and may conduct these checks in other
10states, on a random basis. The provisions of this section,
11relative to an evaluation following a determination that a
12person has been convicted of a crime or has a record of founded
13child abuse, shall also apply to a random check conducted under
14this subsection.
156. Beginning July 1, 1994, a A program or facility shall
16inform all new applicants for employment of the possibility
17of the performance of a record check and shall obtain, from
18the applicant, a signed acknowledgment of the receipt of the
19information.
207. On or after July 1, 1994, a A program or facility shall
21include the following inquiry in an application for employment:
22Do you have a record of founded child or dependent adult abuse
23or have you ever been convicted of a crime, in this state or any
24other state?
25 Sec. 105. Section 125.15, Code 2023, is amended to read as
26follows:
27125.15 Inspections.
28The department may inspect the facilities and review the
29procedures utilized by any chemical substitutes or antagonists
30program, residential program, or nonresidential outpatient
31program that has as a primary purpose the treatment and
32rehabilitation of persons with substance-related disorders a
33substance use disorder, for the purpose of ensuring compliance
34with this chapter and the rules adopted pursuant to this
35chapter. The examination and review may include case record
-66-1audits and interviews with staff and patients, consistent with
2the confidentiality safeguards of state and federal law.
3 Sec. 106. Section 125.15A, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The department may place an employee or agent to serve as a
6monitor in a licensed substance abuse use disorder treatment
7program or may petition the court for appointment of a receiver
8for a program when any of the following conditions exist:
9 Sec. 107. Section 125.15A, subsection 1, paragraph b, Code
102023, is amended to read as follows:
11b. The board council has suspended, revoked, or refused to
12renew the existing license of the program.
13 Sec. 108. Section 125.16, Code 2023, is amended to read as
14follows:
15125.16 Transfer of license or change of location prohibited.
16A license issued under this chapter may not be transferred,
17and the location of the physical facilities occupied or
18utilized by any program licensed under this chapter shall not
19be changed without the prior written consent of the board
20 council.
21 Sec. 109. Section 125.17, Code 2023, is amended to read as
22follows:
23125.17 License suspension or revocation.
24Violation of any of the requirements or restrictions of
25this chapter or of any of the rules adopted pursuant to this
26chapter is cause for suspension, revocation, or refusal to
27renew a license. The director shall at the earliest time
28feasible notify a licensee whose license the board council
29 is considering suspending or revoking and shall inform the
30licensee what changes must be made in the licensee’s operation
31to avoid such action. The licensee shall be given a reasonable
32time for compliance, as determined by the director, after
33receiving such notice or a notice that the board council does
34not intend to renew the license. When the licensee believes
35compliance has been achieved, or if the licensee considers
-67-1the proposed suspension, revocation, or refusal to renew
2unjustified, the licensee may submit pertinent information to
3the board council and the board council shall expeditiously
4make a decision in the matter and notify the licensee of the
5decision.
6 Sec. 110. Section 125.18, Code 2023, is amended to read as
7follows:
8125.18 Hearing before board council.
9If a licensee under this chapter makes a written request
10for a hearing within thirty days of suspension, revocation,
11or refusal to renew a license, a hearing before the board
12 council shall be expeditiously arranged by the department of
13inspections and appeals whose decision is subject to review by
14the board council. The board council shall issue a written
15statement of the board’s council’s findings within thirty days
16after conclusion of the hearing upholding or reversing the
17proposed suspension, revocation, or refusal to renew a license.
18Action involving suspension, revocation, or refusal to renew a
19license shall not be taken by the board council unless a quorum
20is present at the meeting. A copy of the board’s council’s
21 decision shall be promptly transmitted to the affected licensee
22who may, if aggrieved by the decision, seek judicial review of
23the actions of the board council in accordance with the terms
24of chapter 17A.
25 Sec. 111. Section 125.19, Code 2023, is amended to read as
26follows:
27125.19 Reissuance or reinstatement.
28After suspension, revocation, or refusal to renew a license
29pursuant to this chapter, the affected licensee shall not have
30the license reissued or reinstated within one year of the
31effective date of the suspension, revocation, or expiration
32upon refusal to renew, unless the board council orders
33otherwise. After that time, proof of compliance with the
34requirements and restrictions of this chapter and the rules
35adopted pursuant to this chapter must be presented to the board
-68-1 council prior to reinstatement or reissuance of a license.
2 Sec. 112. Section 125.20, Code 2023, is amended to read as
3follows:
4125.20 Rules.
5The department shall establish rules pursuant to chapter
617A requiring facilities to use reasonable accounting and
7reimbursement systems which recognize relevant cost-related
8factors for patients with a substance abuse patients use
9disorder. A facility shall not be licensed nor shall any
10payment be made under this chapter to a facility which fails
11to comply with those rules or which does not permit inspection
12by the department or examination of all records, including
13financial records, methods of administration, general and
14special dietary programs, the disbursement of drugs and methods
15of supply, and any other records the department deems relevant
16to the establishment of such a system. However, rules issued
17pursuant to this paragraph shall not apply to any facility
18referred to in section 125.13, subsection 2 or section 125.43.
19 Sec. 113. Section 125.21, subsection 1, Code 2023, is
20amended to read as follows:
211. The board council has exclusive power in this state
22to approve and license chemical substitutes and antagonists
23programs, and to monitor chemical substitutes and antagonists
24programs to ensure that the programs are operating within the
25rules adopted pursuant to this chapter. The board council
26 shall grant approval and license if the requirements of the
27rules are met and state funding is not requested. The chemical
28substitutes and antagonists programs conducted by persons
29exempt from the licensing requirements of this chapter pursuant
30to section 125.13, subsection 2, are subject to approval and
31licensure under this section.
32 Sec. 114. Section 125.25, subsection 1, Code 2023, is
33amended to read as follows:
341. Before making any allocation of funds to a local
35substance abuse use disorder program, the department shall
-69-1require a detailed line item budget clearly indicating the
2funds received from each revenue source for the fiscal year
3for which the funds are requested on forms provided by the
4department for each program.
5 Sec. 115. Section 125.32, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7The department shall adopt and may amend and repeal rules
8for acceptance of persons into the treatment program, subject
9to chapter 17A, considering available treatment resources and
10facilities, for the purpose of early and effective treatment
11of persons with substance-related disorders a substance
12use disorder and concerned family members. In establishing
13the rules the department shall be guided by the following
14standards:
15 Sec. 116. Section 125.32A, Code 2023, is amended to read as
16follows:
17125.32A Discrimination prohibited.
18Any substance abuse use disorder treatment program receiving
19state funding under this chapter or any other chapter of the
20Code shall not discriminate against a person seeking treatment
21solely because the person is pregnant, unless the program
22in each instance identifies and refers the person to an
23alternative and acceptable treatment program for the person.
24 Sec. 117. Section 125.33, Code 2023, is amended to read as
25follows:
26125.33 Voluntary treatment of persons with substance-related
27disorders a substance use disorder.
281. A person with a substance-related substance use
29 disorder may apply for voluntary treatment or rehabilitation
30services directly to a facility or to a licensed physician and
31surgeon or osteopathic physician and surgeon or to a mental
32health professional. If the proposed patient is a minor or
33an incompetent person, a parent, a legal guardian or other
34legal representative may make the application. The licensed
35physician and surgeon or osteopathic physician and surgeon,
-70-1mental health professional, or any employee or person acting
2under the direction or supervision of the physician and
3surgeon or osteopathic physician and surgeon, mental health
4professional, or facility shall not report or disclose the
5name of the person or the fact that treatment was requested
6or has been undertaken to any law enforcement officer or law
7enforcement agency; nor shall such information be admissible as
8evidence in any court, grand jury, or administrative proceeding
9unless authorized by the person seeking treatment. If the
10person seeking such treatment or rehabilitation is a minor who
11has personally made application for treatment, the fact that
12the minor sought treatment or rehabilitation or is receiving
13treatment or rehabilitation services shall not be reported
14or disclosed to the parents or legal guardian of such minor
15without the minor’s consent, and the minor may give legal
16consent to receive such treatment and rehabilitation.
172. Subject to rules adopted by the department, the
18administrator or the administrator’s designee in charge of a
19facility may determine who shall be admitted for treatment
20or rehabilitation. If a person is refused admission, the
21administrator or the administrator’s designee, subject to rules
22adopted by the department, shall refer the person to another
23facility for treatment if possible and appropriate.
243. A person with a substance-related substance use
25 disorder seeking treatment or rehabilitation and who is
26either addicted to or dependent on a chemical substance may
27first be examined and evaluated by a licensed physician and
28surgeon or osteopathic physician and surgeon or a mental health
29professional who may prescribe, if authorized or licensed
30to do so, a proper course of treatment and medication, if
31needed. The licensed physician and surgeon or osteopathic
32physician and surgeon or mental health professional may further
33prescribe a course of treatment or rehabilitation and authorize
34another licensed physician and surgeon or osteopathic physician
35and surgeon, mental health professional, or facility to
-71-1provide the prescribed treatment or rehabilitation services.
2Treatment or rehabilitation services may be provided to a
3person individually or in a group. A facility providing or
4engaging in treatment or rehabilitation shall not report or
5disclose to a law enforcement officer or law enforcement
6agency the name of any person receiving or engaged in the
7treatment or rehabilitation; nor shall a person receiving or
8participating in treatment or rehabilitation report or disclose
9the name of any other person engaged in or receiving treatment
10or rehabilitation or that the program is in existence, to
11a law enforcement officer or law enforcement agency. Such
12information shall not be admitted in evidence in any court,
13grand jury, or administrative proceeding. However, a person
14engaged in or receiving treatment or rehabilitation may
15authorize the disclosure of the person’s name and individual
16participation.
174. If a patient receiving inpatient or residential care
18leaves a facility, the patient shall be encouraged to consent
19to appropriate outpatient or halfway house treatment. If it
20appears to the administrator in charge of the facility that
21the patient is a person with a substance-related substance
22use disorder who requires help, the director may arrange for
23assistance in obtaining supportive services.
245. If a patient leaves a facility, with or against the
25advice of the administrator in charge of the facility, the
26director may make reasonable provisions for the patient’s
27transportation to another facility or to the patient’s home.
28If the patient has no home the patient shall be assisted in
29obtaining shelter. If the patient is a minor or an incompetent
30person, the request for discharge from an inpatient facility
31shall be made by a parent, legal guardian, or other legal
32representative, or by the minor or incompetent person if the
33patient was the original applicant.
346. Any person who reports or discloses the name of a
35person receiving treatment or rehabilitation services to a
-72-1law enforcement officer or law enforcement agency or any
2person receiving treatment or rehabilitation services who
3discloses the name of any other person receiving treatment or
4rehabilitation services without the written consent of the
5person in violation of the provisions of this section shall
6upon conviction be guilty of a simple misdemeanor.
7 Sec. 118. Section 125.34, Code 2023, is amended to read as
8follows:
9125.34 Treatment and services for persons with
10substance-related disorders a substance use disorder due to
11intoxication and substance-induced incapacitation.
121. A person with a substance-related substance use disorder
13due to intoxication or substance-induced incapacitation may
14come voluntarily to a facility for emergency treatment. A
15person who appears to be intoxicated or incapacitated by a
16substance in a public place and in need of help may be taken
17to a facility by a peace officer under section 125.91. If
18the person refuses the proffered help, the person may be
19arrested and charged with intoxication under section 123.46,
20if applicable.
212. If no facility is readily available the person may
22be taken to an emergency medical service customarily used
23for incapacitated persons. The peace officer in detaining
24the person and in taking the person to a facility shall make
25every reasonable effort to protect the person’s health and
26safety. In detaining the person the detaining officer may take
27reasonable steps for self-protection. Detaining a person under
28section 125.91 is not an arrest and no entry or other record
29shall be made to indicate that the person who is detained has
30been arrested or charged with a crime.
313. A person who arrives at a facility and voluntarily
32submits to examination shall be examined by a licensed
33physician and surgeon or osteopathic physician and surgeon or
34mental health professional as soon as possible after the person
35arrives at the facility. The person may then be admitted as a
-73-1patient or referred to another health facility. The referring
2facility shall arrange for transportation.
34. If a person is voluntarily admitted to a facility, the
4person’s family or next of kin shall be notified as promptly
5as possible. If an adult patient who is not incapacitated
6requests that there be no notification, the request shall be
7respected.
85. A peace officer who acts in compliance with this section
9is acting in the course of the officer’s official duty and is
10not criminally or civilly liable therefor for such acts, unless
11such acts constitute willful malice or abuse.
126. If the physician and surgeon or osteopathic physician
13and surgeon in charge of the facility determines it is for the
14patient’s benefit, the patient shall be encouraged to agree to
15further diagnosis and appropriate voluntary treatment.
167. A licensed physician and surgeon or osteopathic
17physician and surgeon, mental health professional, facility
18administrator, or an employee or a person acting as or on
19behalf of the facility administrator, is not criminally or
20civilly liable for acts in conformity with this chapter, unless
21the acts constitute willful malice or abuse.
22 Sec. 119. Section 125.37, subsection 2, Code 2023, is
23amended to read as follows:
242. Notwithstanding subsection 1, the director may make
25available information from patients’ records for purposes of
26research into the causes and treatment of substance abuse use
27disorder. Information under this subsection shall not be
28published in a way that discloses patients’ names or other
29identifying information.
30 Sec. 120. Section 125.39, Code 2023, is amended to read as
31follows:
32125.39 Eligible entities.
33A local governmental unit which is providing funds to a
34facility for treatment of substance abuse use disorder may
35request from the facility a treatment program plan prior to
-74-1authorizing payment of any claims filed by the facility. The
2governing body of the local governmental unit may review the
3plan, but shall not impose on the facility any requirement
4conflicting with the comprehensive treatment program of the
5facility.
6 Sec. 121. Section 125.43, Code 2023, is amended to read as
7follows:
8125.43 Funding at mental health institutes.
9Chapter 230 governs the determination of the costs
10and payment for treatment provided to persons with
11substance-related disorders a substance use disorderin a
12mental health institute under the department of human services,
13except that the charges are not a lien on real estate owned
14by persons legally liable for support of the person with a
15substance-related substance use disorder and the daily per diem
16shall be billed at twenty-five percent. The superintendent of
17a state hospital mental health institute shall total only those
18expenditures which can be attributed to the cost of providing
19inpatient treatment to persons with substance-related disorders
20 a substance use disorder for purposes of determining the daily
21per diem. Section 125.44 governs the determination of who is
22legally liable for the cost of care, maintenance, and treatment
23of a person with a substance-related substance use disorder and
24of the amount for which the person is liable.
25 Sec. 122. Section 125.43A, Code 2023, is amended to read as
26follows:
27125.43A Prescreening — exception.
28Except in cases of medical emergency or court-ordered
29admissions, a person shall be admitted to a state mental health
30institute for treatment of a substance-related substance use
31 disorder only after a preliminary intake and assessment by a
32department-licensed treatment facility or a hospital providing
33care or treatment for persons with substance-related disorders
34 a substance use disorder licensed under chapter 135B and
35accredited by the joint commission on the accreditation of
-75-1health care organizations, the commission on accreditation
2of rehabilitation facilities, the American osteopathic
3association, or another recognized organization approved by
4the board council, or by a designee of a department-licensed
5treatment facility or a hospital other than a state mental
6health institute, which confirms that the admission is
7appropriate to the person’s substance-related substance use
8 disorder service needs. A county board of supervisors may seek
9an admission of a patient to a state mental health institute
10who has not been confirmed for appropriate admission and the
11county shall be responsible for one hundred percent of the cost
12of treatment and services of the patient.
13 Sec. 123. Section 125.44, Code 2023, is amended to read as
14follows:
15125.44 Agreements with facilities — liability for costs.
161. The director may, consistent with the comprehensive
17substance abuse use disorder program, enter into written
18agreements with a facility as defined in section 125.2 to pay
19for one hundred percent of the cost of the care, maintenance,
20and treatment of persons with substance-related disorders a
21substance use disorder, except when section 125.43A applies.
22All payments for state patients shall be made in accordance
23with the limitations of this section. Such contracts shall be
24for a period of no more than one year.
252. The contract may be in the form and contain provisions
26as agreed upon by the parties. The contract shall provide
27that the facility shall admit and treat persons with
28substance-related disorders a substance use disorder regardless
29of where they have residence. If one payment for care,
30maintenance, and treatment is not made by the patient or
31those legally liable for the patient, the payment shall be
32made by the department directly to the facility. Payments
33shall be made each month and shall be based upon the rate of
34payment for services negotiated between the department and the
35contracting facility. If a facility projects a temporary cash
-76-1flow deficit, the department may make cash advances at the
2beginning of each fiscal year to the facility. The repayment
3schedule for advances shall be part of the contract between the
4department and the facility. This section does not pertain to
5patients treated at the mental health institutes.
63. If the appropriation to the department is insufficient
7to meet the requirements of this section, the department shall
8request a transfer of funds and section 8.39 shall apply.
94. The person with a substance-related substance use
10 disorder is legally liable to the facility for the total amount
11of the cost of providing care, maintenance, and treatment for
12the person with a substance-related substance use disorder
13while a voluntary or committed patient in a facility. This
14section does not prohibit any individual from paying any
15portion of the cost of treatment.
165. The department is liable for the cost of care, treatment,
17and maintenance of persons with substance-related disorders a
18substance use disorder admitted to the facility voluntarily or
19pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
20or 124.409 only to those facilities that have a contract with
21the department under this section, only for the amount computed
22according to and within the limits of liability prescribed by
23this section, and only when the person with a substance-related
24 substance use disorder is unable to pay the costs and there is
25no other person, firm, corporation, or insurance company bound
26to pay the costs.
276. The department’s maximum liability for the costs of care,
28treatment, and maintenance of persons with substance-related
29disorders a substance use disorder in a contracting facility
30is limited to the total amount agreed upon by the parties and
31specified in the contract under this section.
32 Sec. 124. Section 125.46, Code 2023, is amended to read as
33follows:
34125.46 County of residence determined.
35The facility shall, when a person with a substance-related
-77-1 substance use disorder is admitted, or as soon thereafter as
2it receives the proper information, determine and enter upon
3its records the Iowa county of residence of the person with a
4substance-related substance use disorder, or that the person
5resides in some other state or country, or that the person is
6unclassified with respect to residence.
7 Sec. 125. Section 125.55, Code 2023, is amended to read as
8follows:
9125.55 Audits.
10All licensed substance abuse use disorder programs are
11subject to annual audit either by the auditor of state or in
12lieu of an audit by the auditor of state the substance abuse
13 use disorder program may contract with or employ certified
14public accountants to conduct the audit, in accordance with
15sections 11.6, 11.14, and 11.19. The audit format shall be
16as prescribed by the auditor of state. The certified public
17accountant shall submit a copy of the audit to the director. A
18licensed substance abuse use disorder program is also subject
19to special audits as the director requests. The licensed
20substance abuse use disorder program or the department shall
21pay all expenses incurred by the auditor of state in conducting
22an audit under this section.
23 Sec. 126. Section 125.58, Code 2023, is amended to read as
24follows:
25125.58 Inspection — penalties.
261. If the department has probable cause to believe that
27an institution, place, building, or agency not licensed as
28a substance abuse use disorder treatment and rehabilitation
29facility is in fact a substance abuse use disorder treatment
30and rehabilitation facility as defined by this chapter, and
31is not exempt from licensing by section 125.13, subsection 2,
32the board council may order an inspection of the institution,
33place, building, or agency. If the inspector upon presenting
34proper identification is denied entry for the purpose of making
35the inspection, the inspector may, with the assistance of
-78-1the county attorney of the county in which the premises are
2located, apply to the district court for an order requiring
3the owner or occupant to permit entry and inspection of the
4premises to determine whether there have been violations
5of this chapter. The investigation may include review of
6records, reports, and documents maintained by the facility
7and interviews with staff members consistent with the
8confidentiality safeguards of state and federal law.
92. A person establishing, conducting, managing, or
10operating a substance abuse use disorder treatment and
11rehabilitation facility without a license is guilty of a
12serious misdemeanor. Each day of continued violation after
13conviction or notice from the department by certified mail of a
14violation shall be considered a separate offense or chargeable
15offense. A person establishing, conducting, managing or
16operating a substance abuse use disorder treatment and
17rehabilitation facility without a license may be temporarily
18or permanently restrained therefrom by a court of competent
19jurisdiction in an action brought by the state.
203. Notwithstanding the existence or pursuit of any other
21remedy, the department may, in the manner provided by law,
22maintain an action in the name of the state for injunction or
23other process against a person or governmental unit to restrain
24or prevent the establishment, conduct, management or operation
25of a substance abuse use disorder treatment and rehabilitation
26facility without a license.
27 Sec. 127. Section 125.59, subsection 1, paragraph a,
28unnumbered paragraph 1, Code 2023, is amended to read as
29follows:
30Of these funds, notwithstanding section 125.13, subsection
311, one-half of the transferred amount shall be used for grants
32to counties operating a substance abuse use disorder program
33involving only education, prevention, referral or posttreatment
34services, either with the counties’ own employees or by
35contract with a nonprofit corporation. The grants shall not
-79-1annually exceed ten thousand dollars to any one county, subject
2to the following conditions:
3 Sec. 128. Section 125.59, subsection 1, paragraph b, Code
42023, is amended to read as follows:
5b. If the transferred amount for this subsection exceeds
6grant requests funded to the ten thousand dollar maximum,
7the department of public health may use the remainder for
8activities and public information resources that align with
9best practices for substance-related substance use disorder
10prevention or to increase grants pursuant to subsection 2.
11 Sec. 129. Section 125.75, subsection 1, Code 2023, is
12amended to read as follows:
131. Proceedings for the involuntary commitment or treatment
14of a person with a substance-related substance use disorder
15to a facility pursuant to this chapter or for the involuntary
16hospitalization of a person pursuant to chapter 229 may
17be commenced by any interested person by filing a verified
18application with the clerk of the district court of the
19county where the respondent is presently located or which
20is the respondent’s place of residence. The clerk or the
21clerk’s designee shall assist the applicant in completing the
22application.
23 Sec. 130. Section 125.75, subsection 2, paragraph a,
24subparagraph (1), Code 2023, is amended to read as follows:
25(1) A substance-related substance use disorder as defined
26in section 125.2.
27 Sec. 131. Section 125.80, subsections 3 and 4, Code 2023,
28are amended to read as follows:
293. If the report of a court-designated licensed physician
30and surgeon or osteopathic physician and surgeon or mental
31health professional is to the effect that the respondent is
32not a person with a substance-related substance use disorder,
33the court, without taking further action, shall terminate the
34proceeding and dismiss the application on its own motion and
35without notice.
-80- 14. If the report of a court-designated licensed physician
2and surgeon or osteopathic physician and surgeon or mental
3health professional is to the effect that the respondent is a
4person with a substance-related substance use disorder, the
5court shall schedule a commitment hearing as soon as possible.
6The hearing shall be held not more than forty-eight hours
7after the report is filed, excluding Saturdays, Sundays, and
8holidays, unless an extension for good cause is requested
9by the respondent, or as soon thereafter as possible if the
10court considers that sufficient grounds exist for delaying the
11hearing.
12 Sec. 132. Section 125.81, subsection 1, Code 2023, is
13amended to read as follows:
141. If a person filing an application requests that a
15respondent be taken into immediate custody, and the court upon
16reviewing the application and accompanying documentation, finds
17probable cause to believe that the respondent is a person with
18a substance-related substance use disorder who is likely to
19injure the person or other persons if allowed to remain at
20liberty, the court may enter a written order directing that
21the respondent be taken into immediate custody by the sheriff,
22and be detained until the commitment hearing, which shall
23be held no more than five days after the date of the order,
24except that if the fifth day after the date of the order is
25a Saturday, Sunday, or a holiday, the hearing may be held on
26the next business day. The court may order the respondent
27detained for the period of time until the hearing is held, and
28no longer except as provided in section 125.88, in accordance
29with subsection 2, paragraph “a”, if possible, and if not, then
30in accordance with subsection 2, paragraph “b”, or, only if
31neither of these alternatives is available in accordance with
32subsection 2, paragraph “c”.
33 Sec. 133. Section 125.81, subsection 2, paragraph c, Code
342023, is amended to read as follows:
35c. In the nearest facility which is licensed to care for
-81-1persons with mental illness or substance abuse use disorder,
2provided that detention in a jail or other facility intended
3for confinement of those accused or convicted of a crime shall
4not be ordered.
5 Sec. 134. Section 125.82, subsections 3 and 4, Code 2023,
6are amended to read as follows:
73. The person who filed the application and a licensed
8physician and surgeon or osteopathic physician and surgeon,
9mental health professional, or certified alcohol and drug
10counselor certified by the nongovernmental Iowa board of
11substance abuse certification who has examined the respondent
12in connection with the commitment hearing shall be present
13at the hearing, unless the court for good cause finds that
14their presence or testimony is not necessary. The applicant,
15respondent, and the respondent’s attorney may waive the
16presence or telephonic appearance of the licensed physician
17and surgeon or osteopathic physician and surgeon, mental
18health professional, or certified alcohol and drug counselor
19who examined the respondent and agree to submit as evidence
20the written report of the licensed physician and surgeon or
21osteopathic physician and surgeon, mental health professional,
22or certified alcohol and drug counselor. The respondent’s
23attorney shall inform the court if the respondent’s attorney
24reasonably believes that the respondent, due to diminished
25capacity, cannot make an adequately considered waiver decision.
26“Good cause” for finding that the testimony of the licensed
27physician and surgeon or osteopathic physician and surgeon,
28mental health professional, or certified alcohol and drug
29counselor who examined the respondent is not necessary may
30include, but is not limited to, such a waiver. If the court
31determines that the testimony of the licensed physician and
32surgeon or osteopathic physician and surgeon, mental health
33professional, or certified alcohol and drug counselor is
34necessary, the court may allow the licensed physician and
35surgeon or osteopathic physician and surgeon, mental health
-82-1professional, or certified alcohol and drug counselor to
2testify by telephone. The respondent shall be present at the
3hearing unless prior to the hearing the respondent’s attorney
4stipulates in writing that the attorney has conversed with the
5respondent, and that in the attorney’s judgment the respondent
6cannot make a meaningful contribution to the hearing, or that
7the respondent has waived the right to be present, and the
8basis for the attorney’s conclusions. A stipulation to the
9respondent’s absence shall be reviewed by the court before the
10hearing, and may be rejected if it appears that insufficient
11grounds are stated or that the respondent’s interests would not
12be served by the respondent’s absence.
134. The respondent’s welfare is paramount, and the hearing
14shall be tried as a civil matter and conducted in as informal a
15manner as is consistent with orderly procedure. The hearing
16may be held by video conference at the discretion of the
17court. Discovery as permitted under the Iowa rules of civil
18procedure is available to the respondent. The court shall
19receive all relevant and material evidence, but the court is
20not bound by the rules of evidence. A presumption in favor of
21the respondent exists, and the burden of evidence and support
22of the contentions made in the application shall be upon the
23person who filed the application. If upon completion of the
24hearing the court finds that the contention that the respondent
25is a person with a substance-related substance use disorder has
26not been sustained by clear and convincing evidence, the court
27shall deny the application and terminate the proceeding.
28 Sec. 135. Section 125.83, Code 2023, is amended to read as
29follows:
30125.83 Placement for evaluation.
31If upon completion of the commitment hearing, the court
32finds that the contention that the respondent is a person with
33a substance-related substance use disorder has been sustained
34by clear and convincing evidence, the court shall order the
35respondent placed at a facility or under the care of a suitable
-83-1facility on an outpatient basis as expeditiously as possible
2for a complete evaluation and appropriate treatment. The
3court shall furnish to the facility at the time of admission
4or outpatient placement, a written statement of facts setting
5forth the evidence on which the finding is based. The
6administrator of the facility shall report to the court no
7more than fifteen days after the individual is admitted to or
8placed under the care of the facility, which shall include the
9chief medical officer’s recommendation concerning treatment
10of a substance-related substance use disorder. An extension
11of time may be granted for a period not to exceed seven days
12upon a showing of good cause. A copy of the report shall be
13sent to the respondent’s attorney who may contest the need
14for an extension of time if one is requested. If the request
15is contested, the court shall make an inquiry as it deems
16appropriate and may either order the respondent released from
17the facility or grant extension of time for further evaluation.
18If the administrator fails to report to the court within
19fifteen days after the individual is admitted to the facility,
20and no extension of time has been requested, the administrator
21is guilty of contempt and shall be punished under chapter
22665. The court shall order a rehearing on the application to
23determine whether the respondent should continue to be held at
24the facility.
25 Sec. 136. Section 125.83A, subsection 1, Code 2023, is
26amended to read as follows:
271. If upon completion of the commitment hearing, the court
28finds that the contention that the respondent is a person with
29a substance-related substance use disorder has been sustained
30by clear and convincing evidence, and the court is furnished
31evidence that the respondent is eligible for care and treatment
32in a facility operated by the United States department of
33veterans affairs or another agency of the United States
34government and that the facility is willing to receive the
35respondent, the court may so order. The respondent, when so
-84-1placed in a facility operated by the United States department
2of veterans affairs or another agency of the United States
3government within or outside of this state, shall be subject to
4the rules of the United States department of veterans affairs
5or other agency, but shall not lose any procedural rights
6afforded the respondent by this chapter. The chief officer
7of the facility shall have, with respect to the respondent
8so placed, the same powers and duties as the chief medical
9officer of a hospital in this state would have in regard to
10submission of reports to the court, retention of custody,
11transfer, convalescent leave, or discharge. Jurisdiction
12is retained in the court to maintain surveillance of the
13respondent’s treatment and care, and at any time to inquire
14into the respondent’s condition and the need for continued care
15and custody.
16 Sec. 137. Section 125.84, Code 2023, is amended to read as
17follows:
18125.84 Evaluation report.
19The facility administrator’s report to the court of the
20chief medical officer’s substance abuse use disorder evaluation
21of the respondent shall be made no later than the expiration of
22the time specified in section 125.83. At least two copies of
23the report shall be filed with the clerk, who shall distribute
24the copies in the manner described by section 125.80,
25subsection 2. The report shall state one of the four following
26alternative findings:
271. That the respondent does not, as of the date of the
28report, require further treatment for substance abuse use
29disorder. If the report so states, the court shall order the
30respondent’s immediate release from involuntary commitment and
31terminate the proceedings.
322. That the respondent is a person with a substance-related
33 substance use disorder who is in need of full-time custody,
34care, and treatment in a facility, and is considered likely
35to benefit from treatment. If the report so states, the
-85-1court shall enter an order which may require the respondent’s
2continued placement and commitment to a facility for
3appropriate treatment.
43. That the respondent is a person with a substance-related
5 substance use disorder who is in need of treatment, but does
6not require full-time placement in a facility. If the report
7so states, the report shall include the chief medical officer’s
8recommendation for treatment of the respondent on an outpatient
9or other appropriate basis, and the court shall enter an order
10which may direct the respondent to submit to the recommended
11treatment. The order shall provide that if the respondent
12fails or refuses to submit to treatment, as directed by the
13court’s order, the court may order that the respondent be
14taken into immediate custody as provided by section 125.81
15and, following notice and hearing held in accordance with
16the procedures of sections 125.77 and 125.82, may order the
17respondent treated as a patient requiring full-time custody,
18care, and treatment as provided in subsection 2, and may order
19the respondent involuntarily committed to a facility.
204. That the respondent is a person with a substance-related
21 substance use disorder who is in need of treatment, but in
22the opinion of the chief medical officer is not responding to
23the treatment provided. If the report so states, the report
24shall include the facility administrator’s recommendation for
25alternative placement, and the court shall enter an order
26which may direct the respondent’s transfer to the recommended
27placement or to another placement after consultation with
28respondent’s attorney and the facility administrator who made
29the report under this subsection.
30 Sec. 138. Section 125.85, subsection 1, Code 2023, is
31amended to read as follows:
321. A respondent committed under section 125.84, subsection
332, shall remain in the custody of a facility for treatment
34for a period of thirty days, unless sooner discharged. The
35department is not required to pay the cost of any medication or
-86-1procedure provided to the respondent during that period which
2is not necessary or appropriate to the specific objectives
3of detoxification and treatment of substance abuse use
4disorder. At the end of the thirty-day period, the respondent
5shall be discharged automatically unless the administrator
6of the facility, before expiration of the period, obtains a
7court order for the respondent’s recommitment pursuant to an
8application under section 125.75, for a further period not to
9exceed ninety days.
10 Sec. 139. Section 125.91, Code 2023, is amended to read as
11follows:
12125.91 Emergency detention.
131. The procedure prescribed by this section shall only
14be used for a person with a substance-related substance
15use disorder due to intoxication or substance-induced
16incapacitation who has threatened, attempted, or inflicted
17physical self-harm or harm on another, and is likely to inflict
18physical self-harm or harm on another unless immediately
19detained, or who is incapacitated by a substance, if an
20application has not been filed naming the person as the
21respondent pursuant to section 125.75 and the person cannot be
22ordered into immediate custody and detained pursuant to section
23125.81.
242. a. A peace officer who has reasonable grounds to believe
25that the circumstances described in subsection 1 are applicable
26may, without a warrant, take or cause that person to be taken
27to the nearest available facility referred to in section
28125.81, subsection 2, paragraph “b” or “c”. Such a person with
29a substance-related substance use disorder due to intoxication
30or substance-induced incapacitation who also demonstrates
31a significant degree of distress or dysfunction may also
32be delivered to a facility by someone other than a peace
33officer upon a showing of reasonable grounds. Upon delivery
34of the person to a facility under this section, the attending
35physician and surgeon or osteopathic physician and surgeon may
-87-1order treatment of the person, but only to the extent necessary
2to preserve the person’s life or to appropriately control
3the person’s behavior if the behavior is likely to result in
4physical injury to the person or others if allowed to continue.
5The peace officer or other person who delivered the person to
6the facility shall describe the circumstances of the matter to
7the attending physician and surgeon or osteopathic physician
8and surgeon. If the person is a peace officer, the peace
9officer may do so either in person or by written report.
10b. If the attending physician and surgeon or osteopathic
11physician and surgeon has reasonable grounds to believe that
12the circumstances in subsection 1 are applicable, the facility
13shall have the authority to detain the person for a period of
14no longer than twelve hours. Within twelve hours of detaining
15a person pursuant to this section, the attending physician
16shall communicate with the nearest available magistrate.
17c. Once contacted pursuant to paragraph “b”, the magistrate
18shall, based upon the circumstances described by the attending
19physician and surgeon or osteopathic physician and surgeon,
20give the attending physician and surgeon or osteopathic
21physician and surgeon oral instructions either directing that
22the person be released forthwith, or authorizing the person’s
23detention in an appropriate facility. The magistrate may also
24give oral instructions and order that the detained person be
25transported to an appropriate facility.
26d. If the magistrate orders that the person be detained, the
27magistrate shall, by the close of business on the next working
28day, file a written order with the clerk in the county where it
29is anticipated that an application may be filed under section
30125.75. The order may be filed by facsimile if necessary. The
31order shall state the circumstances under which the person was
32taken into custody or otherwise brought to a facility and the
33grounds supporting the finding of probable cause to believe
34that the person is a person with a substance-related substance
35use disorder likely to result in physical injury to the person
-88-1or others if not detained. The order shall confirm the oral
2order authorizing the person’s detention including any order
3given to transport the person to an appropriate facility. The
4clerk shall provide a copy of that order to the attending
5physician and surgeon or osteopathic physician and surgeon at
6the facility to which the person was originally taken, any
7subsequent facility to which the person was transported, and
8to any law enforcement department or ambulance service that
9transported the person pursuant to the magistrate’s order.
103. The attending physician and surgeon or osteopathic
11physician and surgeon shall examine and may detain the person
12pursuant to the magistrate’s order for a period not to exceed
13forty-eight hours from the time the order is dated, excluding
14Saturdays, Sundays, and holidays, unless the order is dismissed
15by a magistrate. The facility may provide treatment which is
16necessary to preserve the person’s life or to appropriately
17control the person’s behavior if the behavior is likely to
18result in physical injury to the person or others if allowed
19to continue or is otherwise deemed medically necessary by
20the attending physician and surgeon or osteopathic physician
21and surgeon or mental health professional, but shall not
22otherwise provide treatment to the person without the person’s
23consent. The person shall be discharged from the facility and
24released from detention no later than the expiration of the
25forty-eight-hour period, unless an application for involuntary
26commitment is filed with the clerk pursuant to section 125.75.
27The detention of a person by the procedure in this section, and
28not in excess of the period of time prescribed by this section,
29shall not render the peace officer, attending physician and
30surgeon or osteopathic physician and surgeon, or facility
31detaining the person liable in a criminal or civil action
32for false arrest or false imprisonment if the peace officer,
33attending physician and surgeon or osteopathic physician
34and surgeon, mental health professional, or facility had
35reasonable grounds to believe that the circumstances described
-89-1in subsection 1 were applicable.
24. The cost of detention in a facility under the procedure
3prescribed in this section shall be paid in the same way as if
4the person had been committed to the facility pursuant to an
5application filed under section 125.75.
6 Sec. 140. Section 125.93, Code 2023, is amended to read as
7follows:
8125.93 Commitment records — confidentiality.
9Records of the identity, diagnosis, prognosis, or treatment
10of a person which are maintained in connection with the
11provision of substance abuse use disorder treatment services
12are confidential, consistent with the requirements of section
13125.37, and with the federal confidentiality regulations
14authorized by the federal Drug Abuse Office and Treatment Act,
15 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
16and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
17U.S.C. §290dd-2. However, such records may be disclosed to an
18employee of the department of corrections, if authorized by the
19director of the department of corrections, or to an employee
20of a judicial district department of correctional services, if
21authorized by the director of the judicial district department
22of correctional services.
23 Sec. 141. Section 135.1, Code 2023, is amended to read as
24follows:
25135.1 Definitions.
26For the purposes of chapter 155 and Title IV, subtitle 2,
27excluding chapter 146, unless otherwise defined:
281. “Director” shall mean means the director of public health
29and human services.
302. “Health officer” means the physician, physician
31assistant, advanced registered nurse practitioner, or advanced
32practice registered nurse who is the health officer of the
33local board of health.
343. “Local board” shall mean means the local board of health.
354. “Physician” means a person licensed to practice
-90-1medicine and surgery, osteopathic medicine and surgery,
2chiropractic, podiatry, or optometry under the laws of this
3state; but a person licensed as a physician and surgeon shall
4be designated as a “physician” or “surgeon”, a person licensed
5as an osteopathic physician and surgeon shall be designated
6as an “osteopathic physician” or “osteopathic surgeon”, a
7person licensed as a chiropractor shall be designated as a
8“chiropractor”, a person licensed as a podiatrist shall be
9designated as a “podiatric physician”, and a person licensed
10as an optometrist shall be designated as an “optometrist”. A
11definition or designation contained in this subsection shall
12not be interpreted to expand the scope of practice of such
13licensees.
145. “Rules” shall include regulations and orders.
156. “State department” or “department” shall mean means the
16Iowa department of public health and human services.
17 Sec. 142. Section 135.11, Code 2023, is amended to read as
18follows:
19135.11 Duties Public health duties of department.
20The director of public health shall be the head of the “Iowa
21Department of Public Health”, which department shall:
221. Exercise general supervision over the public health,
23promote public hygiene and sanitation, prevent substance abuse
24 use disorder and unless otherwise provided, enforce the laws
25relating to the same.
262. Conduct campaigns for the education of the people in
27hygiene and sanitation.
283. Issue monthly health bulletins containing fundamental
29health principles and other health data deemed of public
30interest.
314. Make investigations and surveys in respect to the
32causes of disease and epidemics, and the effect of locality,
33employment, and living conditions upon the public health. For
34this purpose the department may use the services of the experts
35connected with the state hygienic laboratory at the state
-91-1university of Iowa.
25. Establish stations throughout the state for the
3distribution of antitoxins and vaccines to physicians,
4druggists pharmacists, and other persons, at cost. All
5antitoxin and vaccine thus distributed shall be labeled “Iowa
6Department of Public Health and Human Services”.
76. Exercise general supervision over the administration and
8enforcement of the sexually transmitted diseases and infections
9law, chapter 139A, subchapter II.
107. Exercise sole jurisdiction over the disposal and
11transportation of the dead bodies of human beings and prescribe
12the methods to be used in preparing such bodies for disposal
13and transportation. However, the department may approve
14a request for an exception to the application of specific
15embalming and disposition rules adopted pursuant to this
16subsection if such rules would otherwise conflict with tenets
17and practices of a recognized religious denomination to which
18the deceased individual adhered or of which denomination the
19deceased individual was a member. The department shall inform
20the board of mortuary science of any such approved exception
21which may affect services provided by a funeral director
22licensed pursuant to chapter 156.
238. Establish, publish, and enforce rules which require
24companies, corporations, and other entities to obtain a permit
25from the department prior to scattering cremated human remains.
269. Exercise general supervision over the administration and
27enforcement of the vital statistics law, chapter 144.
2810. Enforce the law relative to chapter 146 and
29“Health-related Professions”, Title IV, subtitle 3, excluding
30chapter 155.
3111. Establish and maintain divisions as are necessary
32for the proper enforcement of the laws administered by the
33department.
3412. 11. Establish, publish, and enforce rules not
35inconsistent with law for the enforcement of the provisions
-92-1of chapters 125 and 155, and Title IV, subtitle 2, excluding
2chapter 146 and for the enforcement of the various laws, the
3administration and supervision of which are imposed upon the
4department.
513. 12. Administer healthy aging and essential public
6health services by approving grants of state funds to the local
7boards of health for the purposes of promoting healthy aging
8throughout the lifespan and enhancing health promotion and
9disease prevention services, and by providing guidelines for
10the approval of the grants and allocation of the state funds.
11Guidelines, evaluation requirements and formula allocation
12procedures for the services shall be established by the
13department by rule.
1414. 13. Administer chapters 125, 136A, 136C, 139A, 142,
15142A, 144, and 147A.
1615. Issue an annual report to the governor as provided in
17section 7E.3, subsection 4.
1816. 14. Consult with the office of statewide clinical
19education programs at the university of Iowa college of
20medicine and annually submit a report to the general assembly
21by January 15 verifying the number of physicians in active
22practice in Iowa by county who are engaged in providing
23obstetrical care. To the extent data are readily available,
24the report shall include information concerning the number
25of deliveries per year by specialty and county, the age of
26physicians performing deliveries, and the number of current
27year graduates of the university of Iowa college of medicine
28and the Des Moines university — osteopathic medical center
29entering into residency programs in obstetrics, gynecology,
30and family practice. The report may include additional
31data relating to access to obstetrical services that may be
32available.
3317. 15. Administer the statewide maternal and child health
34program and the program for children with disabilities by
35conducting mobile and regional child health specialty clinics
-93-1and conducting other activities to improve the health of
2low-income women and children and to promote the welfare of
3children with actual or potential conditions which may cause
4disabilities and children with chronic illnesses in accordance
5with the requirements of Tit.V of the federal Social Security
6Act. The department shall provide technical assistance to
7encourage the coordination and collaboration of state agencies
8in developing outreach centers which provide publicly supported
9services for pregnant women, infants, and children. The
10department shall also, through cooperation and collaborative
11agreements with the department of human services and the
12 mobile and regional child health specialty clinics, establish
13common intake proceedings for maternal and child health
14services. The department shall work in cooperation with the
15legislative services agency in monitoring the effectiveness of
16the maternal and child health centers, including the provision
17of transportation for patient appointments and the keeping of
18scheduled appointments.
1918. 16. Establish, publish, and enforce rules requiring
20prompt reporting of methemoglobinemia, pesticide poisoning, and
21the reportable poisonings and illnesses established pursuant
22to section 139A.21.
2319. 17. Collect and maintain reports of pesticide
24poisonings and other poisonings, illnesses, or injuries
25caused by selected chemical or physical agents,
26including methemoglobinemia and pesticide and fertilizer
27hypersensitivity; and compile and publish, annually, a
28statewide and county-by-county profile based on the reports.
2920. 18. Adopt rules which require personnel of a licensed
30hospice, of a homemaker-home health aide provider agency
31which receives state homemaker-home health aide funds, or of
32an agency which provides respite care services and receives
33funds to complete training concerning blood-borne pathogens,
34including human immunodeficiency virus and viral hepatitis,
35consistent with standards from the federal occupational safety
-94-1and health administration.
221. 19. Adopt rules which require all emergency medical
3services personnel, fire fighters, and law enforcement
4personnel to complete training concerning blood-borne
5pathogens, including human immunodeficiency virus and
6viral hepatitis, consistent with standards from the federal
7occupational safety and health administration.
822. 20. Adopt rules which provide for the testing of a
9convicted or alleged offender for the human immunodeficiency
10virus pursuant to sections 915.40 through 915.43. The rules
11shall provide for the provision of counseling, health care, and
12support services to the victim.
1323. 21. Establish ad hoc and advisory committees to the
14director in areas where technical expertise is not otherwise
15readily available. Members may be compensated for their actual
16and necessary expenses incurred in the performance of their
17duties. To encourage health consumer participation, public
18members may also receive a per diem as specified in section
197E.6 if funds are available and the per diem is determined
20to be appropriate by the director. Expense moneys paid to
21the members shall be paid from funds appropriated to the
22department. A majority of the members of such a committee
23constitutes a quorum.
2424. 22. Administer annual grants to county boards of health
25for the purpose of conducting programs for the testing of
26private water supply wells, the closing of abandoned private
27water supply wells, and the renovation or rehabilitation of
28private water supply wells. Grants shall be funded through
29moneys transferred to the department from the agriculture
30management account of the groundwater protection fund pursuant
31to section 455E.11, subsection 2, paragraph “b”, subparagraph
32(2), subparagraph division (b). The department shall adopt
33rules relating to the awarding of the grants.
3425. 23. Establish and administer, if sufficient funds
35are available to the department, a program to assess and
-95-1forecast health workforce supply and demand in the state for
2the purpose of identifying current and projected workforce
3needs. The program may collect, analyze, and report data that
4furthers the purpose of the program. The program shall not
5release information that permits identification of individual
6respondents of program surveys.
726. 24. In consultation with the advisory committee for
8perinatal guidelines, develop and maintain the statewide
9perinatal program based on the recommendations of the American
10academy of pediatrics and the American college of obstetricians
11and gynecologists contained in the most recent edition of
12the guidelines for perinatal care, and shall adopt rules in
13accordance with chapter 17A to implement those recommendations.
14Hospitals within the state shall determine whether to
15participate in the statewide perinatal program, and select the
16hospital’s level of participation in the program. A hospital
17having determined to participate in the program shall comply
18with the guidelines appropriate to the level of participation
19selected by the hospital. Perinatal program surveys and
20reports are privileged and confidential and are not subject to
21discovery, subpoena, or other means of legal compulsion for
22their release to a person other than the affected hospital, and
23are not admissible in evidence in a judicial or administrative
24proceeding other than a proceeding involving verification of
25the participating hospital under this subsection.
2627. 25. In consultation with the department of corrections,
27the antibiotic resistance task force, and the American
28federation of state, county and municipal employees, develop
29educational programs to increase awareness and utilization of
30infection control practices in institutions listed in section
31904.102.
3228. 26. Administer the Iowa youth survey, in collaboration
33with other state agencies, as appropriate, every two years to
34students in grades six, eight, and eleven in Iowa’s public
35and nonpublic schools. Survey data shall be evaluated and
-96-1reported, with aggregate data available online at the Iowa
2youth survey internet site.
3 Sec. 143. Section 135.11A, Code 2023, is amended to read as
4follows:
5135.11A Professional licensure division — other licensing
6boards — expenses — fees.
71. There shall be a professional licensure division within
8the department of public health. Each board under chapter 147
9or under the administrative authority of the department, except
10the board of nursing, board of medicine, dental board, and
11board of pharmacy, shall receive administrative and clerical
12support from the division department and may not employ its
13own support staff for administrative and clerical duties. The
14executive director of the board of nursing, board of medicine,
15dental board, and board of pharmacy shall be appointed pursuant
16to section 135.11B.
172. The professional licensure division department and
18the licensing boards may expend funds in addition to amounts
19budgeted, if those additional expenditures are directly the
20result of actual examination and exceed funds budgeted for
21examinations. Before the division department or a licensing
22board expends or encumbers an amount in excess of the funds
23budgeted for examinations, the director of the department
24of management shall approve the expenditure or encumbrance.
25Before approval is given, the department of management shall
26determine that the examination expenses exceed the funds
27budgeted by the general assembly to the division department
28 or board and the division department or board does not have
29other funds from which examination expenses can be paid.
30Upon approval of the department of management, the division
31 department or licensing board may expend and encumber funds for
32excess examination expenses. The amounts necessary to fund
33the excess examination expenses shall be collected as fees
34from additional examination applicants and shall be treated as
35repayment receipts as defined in section 8.2.
-97-1 Sec. 144. Section 135.14, Code 2023, is amended to read as
2follows:
3135.14 State public health dental director — duties program.
41. The position of state public health dental director is
5established within the department.
62. The dental director department shall perform all of the
7following duties:
8a. 1. Plan and direct all work activities of the statewide
9public health dental program.
10b. 2. Develop comprehensive dental initiatives for
11prevention activities.
12c. 3. Evaluate the effectiveness of the statewide public
13health dental program and of program personnel.
14d. Manage the oral and health delivery systems bureau
15including direction, supervision, and fiscal management of
16bureau staff.
17e. 4. Other related work as required.
18 Sec. 145. Section 135.15, Code 2023, is amended to read as
19follows:
20135.15 Oral and health delivery systems bureau established —
21responsibilities.
22An oral and health delivery systems bureau is established
23within the division of health promotion and chronic disease
24prevention of the department. The bureau department shall be
25responsible for all of the following:
261. Providing population-based oral health services,
27including public health training, improvement of dental support
28systems for families, technical assistance, awareness-building
29activities, and educational services, at the state and local
30level to assist Iowans in maintaining optimal oral health
31throughout all stages of life.
322. Performing infrastructure building and enabling services
33through the administration of state and federal grant programs
34targeting access improvement, prevention, and local oral
35health programs utilizing maternal and child health programs,
-98-1Medicaid, and other new or existing programs.
23. Leveraging federal, state, and local resources for
3programs under the purview of the bureau department.
44. Facilitating ongoing strategic planning and application
5of evidence-based research in oral health care policy
6development that improves oral health care access and the
7overall oral health of all Iowans.
85. Developing and implementing an ongoing oral health
9surveillance system for the evaluation and monitoring of
10the oral health status of children and other underserved
11populations.
126. Facilitating the provision of oral health services
13through dental homes. For the purposes of this section,
14“dental home” means a network of individualized care based on
15risk assessment, which includes oral health education, dental
16screenings, preventive services, diagnostic services, treatment
17services, and emergency services.
18 Sec. 146. Section 135.16A, subsection 2, Code 2023, is
19amended to read as follows:
202. a. The department of inspections and appeals shall
21assist the Iowa department of public health in adopting rules
22necessary to implement and administer this section.
23b. If necessary to implement, administer, and enforce this
24section, the Iowa department of public health, in cooperation
25with the department of agriculture and land stewardship, shall
26submit a request to the United States department of agriculture
27for a waiver or other exception from regulations as deemed
28feasible by the Iowa department of public health. The Iowa
29 department of public health shall regularly report the status
30of such request to the legislative services agency.
31 Sec. 147. Section 135.22A, subsection 2, Code 2023, is
32amended to read as follows:
332. The advisory council on brain injuries is established.
34The following persons or their designees shall serve as ex
35officio, nonvoting members of the council:
-99- 1a. The director of public health and human services or the
2director’s designee.
3b. The director of human services and any division
4administrators of the department of human services so assigned
5by the director.
6c. b. The director of the department of education.
7d. c. The chief of the special education bureau of the
8department of education.
9e. d. The administrator of the division of vocational
10rehabilitation services of the department of education.
11f. e. The director of the department for the blind.
12 Sec. 148. Section 135.22B, subsections 1, 2, 6, and 7, Code
132023, are amended to read as follows:
141. Definitions. For the purposes of this section:,
15a. “Brain injury services waiver” “brain injury services
16waiver” means the state’s medical assistance home and
17community-based services waiver for persons with brain injury
18implemented under chapter 249A.
19b. “Program administrator” means the division of the
20department designated to administer the brain injury services
21program in accordance with subsection 2.
222. Program created.
23a. A brain injury services program is created and shall be
24administered by a division of the Iowa department of public
25health in cooperation with counties and the department of human
26services.
27b. The division of the department assigned to administer the
28advisory council on brain injuries under section 135.22A shall
29be the program administrator. The division department’s duties
30shall include but are not limited to serving as the fiscal
31agent and contract administrator for the program and providing
32program oversight.
33c. The division department shall consult with the advisory
34council on brain injuries, established pursuant to section
35135.22A, regarding the program and shall report to the council
-100-1concerning the program at least quarterly. The council shall
2make recommendations to the department concerning the program’s
3operation.
46. Cost-share requirements.
5a. The cost-share component’s financial eligibility
6requirements shall be established in administrative rule. In
7establishing the requirements, the department shall consider
8the eligibility and cost-share requirements used for the hawk-i
9 Hawki program under chapter 514I.
10b. An individual’s cost-share responsibility for services
11under the cost-share component shall be determined on a
12sliding scale based upon the individual’s family income. An
13individual’s cost-share shall be assessed as a copayment, which
14shall not exceed thirty percent of the cost payable for the
15service.
16c. The service provider shall bill the department for the
17portion of the cost payable for the service that is not covered
18by the individual’s copayment responsibility.
197. Application process.
20a. The application materials for services under the
21cost-share component of the brain injury services program
22shall use the application form and other materials of the
23brain injury services waiver. In order to apply for the brain
24injury services program, the applicant must authorize the
25department of human services to provide the applicant’s waiver
26application materials to the brain injury services program.
27The application materials provided shall include but are not
28limited to the waiver application and any denial letter,
29financial assessment, and functional assessment regarding the
30person.
31b. If a functional assessment for the waiver has not
32been completed due to a person’s financial ineligibility for
33the waiver, the brain injury services program may provide
34for a functional assessment to determine the person’s needs
35by reimbursing the department of human services for the
-101-1assessment.
2c. The program administrator department shall file copies
3of the individual’s application and needs assessment with the
4program resource facilitator assigned to the individual’s
5geographic area.
6d. The department’s program administrator department shall
7make a final determination as to whether program funding will
8be authorized under the cost-share component.
9 Sec. 149. Section 135.24, subsection 2, Code 2023, is
10amended to read as follows:
112. The department, in consultation with the department of
12human services, shall adopt rules to implement the volunteer
13health care provider program which shall include the following:
14a. Procedures for registration of health care providers
15deemed qualified by the board of medicine, the board of
16physician assistants, the dental board, the board of nursing,
17the board of chiropractic, the board of psychology, the board
18of social work, the board of behavioral science, the board
19of pharmacy, the board of optometry, the board of podiatry,
20the board of physical and occupational therapy, the board of
21respiratory care and polysomnography, and the Iowa department
22of public health, as applicable.
23b. Procedures for registration of free clinics, field dental
24clinics, and specialty health care provider offices.
25c. Criteria for and identification of hospitals, clinics,
26free clinics, field dental clinics, specialty health care
27provider offices, or other health care facilities, health
28care referral programs, or charitable organizations,
29eligible to participate in the provision of free medical,
30dental, chiropractic, pharmaceutical, nursing, optometric,
31psychological, social work, behavioral science, podiatric,
32physical therapy, occupational therapy, respiratory therapy, or
33emergency medical care services through the volunteer health
34care provider program. A free clinic, a field dental clinic, a
35specialty health care provider office, a health care facility,
-102-1a health care referral program, a charitable organization, or
2a health care provider participating in the program shall not
3bill or charge a patient for any health care provider service
4provided under the volunteer health care provider program.
5d. Identification of the services to be provided under the
6program. The services provided may include but shall not be
7limited to obstetrical and gynecological medical services,
8psychiatric services provided by a physician licensed under
9chapter 148, dental services provided under chapter 153, or
10other services provided under chapter 147A, 148A, 148B, 148C,
11149, 151, 152, 152B, 152E, 154, 154B, 154C, 154D, 154F, or
12155A.
13 Sec. 150. Section 135.24A, Code 2023, is amended to read as
14follows:
15135.24A Free clinics — volunteer record check.
161. For purposes of this section, “free clinic” means a free
17clinic as defined in section 135.24 that is also a network
18of free clinics in this state that offers operational and
19collaborative opportunities to free clinics.
202. Persons who are potential volunteers or volunteers in
21a free clinic in a position having direct individual contact
22with patients of the free clinic shall be subject to criminal
23history and child and dependent adult abuse record checks in
24accordance with this section. The free clinic shall request
25that the department of public safety perform the criminal
26history check and the record check evaluation system of the
27 department of health and human services perform child and
28dependent adult abuse record checks of the person in this state
29and may request these checks in other states.
303. A free clinic subject to this section shall establish
31an evaluation process to determine whether a crime of founded
32child or dependent adult abuse warrants prohibition of the
33person’s participation as a volunteer in the free clinic.
34The evaluation process shall not be less stringent than
35the evaluation process performed by the department of human
-103-1services record check evaluation system and shall be approved
2by the department of human services.
3 Sec. 151. Section 135.25, Code 2023, is amended to read as
4follows:
5135.25 Emergency medical services fund.
6An emergency medical services fund is created in the state
7treasury under the control of the department. The fund
8includes, but is not limited to, amounts appropriated by the
9general assembly, amounts transferred pursuant to section
10602.8108, subsection 4, and other moneys available from
11federal or private sources which are to be used for purposes
12of this section. Funds remaining in the fund at the end of
13each fiscal year shall not revert to the general fund of the
14state but shall remain in the emergency medical services fund,
15notwithstanding section 8.33. The fund is established to
16assist counties by matching, on a dollar-for-dollar basis,
17moneys spent by a county for the acquisition of equipment for
18the provision of emergency medical services and by providing
19grants to counties for education and training in the delivery
20of emergency medical services, as provided in this section and
21section 422D.6. A county seeking matching funds under this
22section shall apply to the emergency medical services division
23of the department. The department shall adopt rules concerning
24the application and awarding process for the matching funds and
25the criteria for the allocation of moneys in the fund if the
26moneys are insufficient to meet the emergency medical services
27needs of the counties. Moneys allocated by the department to a
28county for emergency medical services purposes may be used for
29equipment or training and education as determined by the board
30of supervisors pursuant to section 422D.6.
31 Sec. 152. Section 135.31, Code 2023, is amended to read as
32follows:
33135.31 Location of boards — rulemaking.
34The offices for the board of medicine, the board of pharmacy,
35the board of nursing, and the dental board shall be located
-104-1within the department of public health. The individual boards
2shall have policymaking and rulemaking authority.
3 Sec. 153. Section 135.36, Code 2023, is amended to read as
4follows:
5135.36 Interference with health department officer —
6penalties.
7Any person resisting or interfering with the department, its
8employees, or authorized agents, in the discharge of any duty
9imposed by law shall be guilty of a simple misdemeanor.
10 Sec. 154. Section 135.37, subsections 1, 4, 5, and 6, Code
112023, are amended to read as follows:
121. A person shall not own, control and lease, act as an
13agent for, conduct, manage, or operate an establishment to
14practice the art of tattooing or engage in the practice of
15tattooing without first applying for and receiving a permit
16from the Iowa department of public health.
174. The Iowa department of public health shall:
18a. Adopt rules pursuant to chapter 17A and establish and
19collect all fees necessary to administer this section. The
20provisions of chapter 17A, including licensing provisions,
21judicial review, and appeal, shall apply to this chapter
22 section.
23b. Establish minimum safety and sanitation criteria for the
24operation of tattooing establishments.
255. If the Iowa department of public health determines that
26a provision of this section has been or is being violated, the
27department may order that a tattooing establishment not be
28operated until the necessary corrective action has been taken.
29If the establishment continues to be operated in violation of
30the order of the department, the department may request that
31the county attorney or the attorney general make an application
32in the name of the state to the district court of the county
33in which the violations have occurred for an order to enjoin
34the violations. This remedy is in addition to any other legal
35remedy available to the department.
-105- 16. As necessary to avoid duplication and promote
2coordination of public health inspection and enforcement
3activities, the department may enter into agreements with
4local boards of health to provide for inspection of tattooing
5establishments and enforcement activities in accordance with
6the rules and criteria implemented under this section.
7 Sec. 155. Section 135.39, Code 2023, is amended to read as
8follows:
9135.39 Federal aid.
10The state department of public health is hereby authorized
11to may accept financial aid from the government of the United
12States for the purpose of assisting in carrying on public
13health or substance abuse use disorder responsibility in the
14state of Iowa.
15 Sec. 156. Section 135.39B, subsection 3, Code 2023, is
16amended to read as follows:
173. The prohibition under this section shall not apply to
18early childhood immunizations for influenza or in times of
19emergency or epidemic as determined by the director of public
20health. If an emergency or epidemic is determined to exist
21by the director of public health under this subsection, the
22director of public health shall notify the state board of
23 council on health and human services, the governor, and the
24legislative council, and shall notify the public upon request.
25 Sec. 157. Section 135.39E, Code 2023, is amended to read as
26follows:
27135.39E Fluoridation in public water supply — notice of
28discontinuance.
291. At least ninety days prior to taking any action to
30permanently discontinue fluoridation in its water supply, an
31owner or operator of a public water supply system, as defined
32in section 455B.171, shall provide notice to the oral and
33health delivery systems bureau established in section 135.15
34department and the public water supply system’s customers.
352. In order to provide notice to its customers, the owner or
-106-1operator of the public water supply system shall place a notice
2on each customer’s water bill or provide notice in a way that
3is reasonably calculated so that all customers will receive the
4notice.
53. Section 135.38 does not apply to violations of this
6section.
7 Sec. 158. Section 135.43, Code 2023, is amended to read as
8follows:
9135.43 Iowa child death review team established — duties.
101. An Iowa child death review team is established as part
11of the office of the state medical examiner in the department.
12The office of the state medical examiner department shall
13provide staffing and administrative support to the team.
142. The membership of the review team is subject to the
15provisions of sections 69.16 and 69.16A, relating to political
16affiliation and gender balance. Review team members who
17are not designated by another appointing authority shall be
18appointed by the state medical examiner director. Membership
19terms shall be for three years. A membership vacancy shall be
20filled in the same manner as the original appointment. The
21review team shall elect a chairperson and other officers as
22deemed necessary by the review team. The review team shall
23meet upon the call of the state medical examiner director or as
24determined by the review team. The review team shall include
25the following:
26a. The state medical examiner or the state medical
27examiner’s designee.
28b. A certified or licensed professional who is knowledgeable
29concerning sudden infant death syndrome.
30c. A pediatrician who is knowledgeable concerning deaths of
31children.
32d. A family practice physician who is knowledgeable
33concerning deaths of children.
34e. One mental health professional who is knowledgeable
35concerning deaths of children.
-107- 1f. One social worker who is knowledgeable concerning deaths
2of children.
3g. A certified or licensed professional who is knowledgeable
4concerning domestic violence.
5h. A professional who is knowledgeable concerning substance
6abuse use disorder.
7i. A local law enforcement official.
8j. A county attorney.
9k. An emergency room nurse who is knowledgeable concerning
10the deaths of children.
11l. A perinatal expert.
12m. A representative of the health insurance industry.
13n. One other member who is appointed at large.
143. The review team shall perform the following duties:
15a. Collect, review, and analyze child death certificates and
16child death data, including patient records or other pertinent
17confidential information concerning the deaths of children
18under age eighteen, and other information as the review team
19deems appropriate for use in preparing an annual report to the
20governor and the general assembly concerning the causes and
21manner of child deaths. The report shall include analysis of
22factual information obtained through review and recommendations
23regarding prevention of child deaths.
24b. Recommend to the governor and the general assembly
25interventions to prevent deaths of children based on an
26analysis of the cause and manner of such deaths.
27c. Recommend to the agencies represented on the review team
28changes which may prevent child deaths.
29d. Except as authorized by this section, maintain the
30confidentiality of any patient records or other confidential
31information reviewed.
32e. Recommend to the department of human services,
33appropriate law enforcement agencies, and any other person
34involved with child protection, interventions that may prevent
35harm to a child who is related to or is living in the same home
-108-1as a child whose case is reviewed by the team.
2f. If the sharing of information is necessary to assist in
3or initiate a child death investigation or criminal prosecution
4and the office or agency receiving the information does not
5otherwise have access to the information, share information
6possessed by the review team with the office of the attorney
7general, a county attorney’s office, or an appropriate
8law enforcement agency. The office or agency receiving
9the information shall maintain the confidentiality of the
10information in accordance with this section. Unauthorized
11release or disclosure of the information received is subject to
12penalty as provided in this section.
13g. In order to assist a division of the department in
14performing the division’s department’s duties, if the division
15 department does not otherwise have access to the information,
16share information possessed by the review team. The division
17receiving recipient of the information shall maintain the
18confidentiality of the information in accordance with this
19section. Unauthorized release or disclosure of the information
20received is subject to penalty as provided in this section.
214. The review team department shall develop protocols for a
22child fatality review committee, to be appointed by the state
23medical examiner director on an ad hoc basis, to immediately
24review the child abuse assessments which involve the fatality
25of a child under age eighteen. The state medical examiner
26 director shall appoint a medical examiner, a pediatrician, and
27a person involved with law enforcement to the committee.
28a. The purpose of the review shall be to determine
29whether the department of human services and others involved
30with the case of child abuse responded appropriately. The
31protocols shall provide for the committee to consult with any
32multidisciplinary team, as defined in section 235A.13, that
33is operating in the area in which the fatality occurred. The
34protocols shall also ensure that a member of the child fatality
35review committee does not have a conflict of interest regarding
-109-1the child fatality under review.
2b. The committee shall have access to patient records
3and other pertinent confidential information and, subject to
4the restrictions in this subsection, may redisseminate the
5confidential information in the committee’s report.
6c. Upon completion of the review, the committee shall issue
7a report which shall include findings concerning the case and
8recommendations for changes to prevent child fatalities when
9similar circumstances exist. The report shall include but
10is not limited to the following information, subject to the
11restrictions listed in paragraph “d”:
12(1) The dates, outcomes, and results of any actions taken by
13the department of human services and others in regard to each
14report and allegation of child abuse involving the child who
15died.
16(2) The results of any review of the case performed by a
17multidisciplinary team, or by any other public entity that
18reviewed the case.
19(3) Confirmation of receipt by the department of human
20services of any report of child abuse involving the child,
21including confirmation as to whether or not any assessment
22involving the child was performed in accordance with section
23232.71B, the results of any assessment, a description of the
24most recent assessment and the services offered to the family,
25the services rendered to the family, and the basis for the
26department’s decisions concerning the case.
27d. Prior to issuing the report, the committee shall consult
28with the county attorney responsible for prosecution of the
29alleged perpetrator of the child fatality. The committee’s
30report shall include child abuse information associated with
31the case and the child, but is subject to the restrictions
32applicable to the department of human services for release of
33information concerning a child fatality or near fatality in
34accordance with section 235A.15, subsection 9.
35e. Following the completion of the trial of any alleged
-110-1perpetrator of the child fatality and the appeal period
2for the granting of a new trial, the committee shall issue
3a supplemental report containing the information that was
4withheld, in accordance with paragraph “d”, so as not to
5jeopardize the prosecution or the rights of the alleged
6perpetrator to a fair trial as described in section 235A.15,
7subsection 9, paragraphs “e” and “f”.
8f. The report and any supplemental report shall be submitted
9to the governor and general assembly.
10g. If deemed appropriate by the committee, at any point
11in the review the committee may recommend to the department
12of human services, appropriate law enforcement agencies, and
13any other person involved with child protection, interventions
14that may prevent harm to a child who is related to or is living
15in the same home as a child whose case is reviewed by the
16committee.
175. a. The following individuals shall designate a liaison
18to assist the review team in fulfilling its responsibilities:
19(1) The director of public health and human services.
20(2) The director of human services.
21(3) (2) The commissioner of public safety.
22(4) (3) The attorney general.
23(5) (4) The director of transportation.
24(6) (5) The director of the department of education.
25b. In addition, the chairperson of the review team
26 department shall designate a liaison from the public at large
27to assist the review team in fulfilling its responsibilities.
286. The review team may establish subcommittees to which the
29team may delegate some or all of the team’s responsibilities
30under subsection 3.
317. a. The state medical examiner, the Iowa department
32of public health, and the department of human services shall
33adopt rules providing for disclosure of information which is
34confidential under chapter 22 or any other provision of state
35law, to the review team for purposes of performing its child
-111-1death and child abuse review responsibilities.
2b. A person in possession or control of medical,
3investigative, assessment, or other information pertaining to a
4child death and child abuse review shall allow the inspection
5and reproduction of the information by the office of the state
6medical examiner department upon the request of the office
7 department, to be used only in the administration and for
8the duties of the Iowa child death review team. Except as
9provided for a report on a child fatality by an ad hoc child
10fatality review committee under subsection 4, information and
11records produced under this section which are confidential
12under section 22.7 and chapter 235A, and information or records
13received from the confidential records, remain confidential
14under this section. A person does not incur legal liability
15by reason of releasing information to the department or the
16office of the state medical examiner as required under and in
17compliance with this section.
188. Review team members and their agents are immune from any
19liability, civil or criminal, which might otherwise be incurred
20or imposed as a result of any act, omission, proceeding,
21decision, or determination undertaken or performed, or
22recommendation made as a review team member or agent provided
23that the review team members or agents acted in good faith
24and without malice in carrying out their official duties in
25their official capacity. The state medical examiner department
26 shall adopt rules pursuant to chapter 17A to administer
27this subsection. A complainant bears the burden of proof in
28establishing malice or lack of good faith in an action brought
29against review team members involving the performance of their
30duties and powers under this section.
319. A person who releases or discloses confidential data,
32records, or any other type of information in violation of this
33section is guilty of a serious misdemeanor.
34 Sec. 159. Section 135.61, subsections 5, 7, and 12, Code
352023, are amended to read as follows:
-112- 15. “Department” means the Iowa department of public health
2and human services.
37. “Director” means the director of public health and human
4services, or the director’s designee.
512. “Health services” means clinically related diagnostic,
6curative, or rehabilitative services, and includes alcoholism,
7drug abuse, substance use disorder and mental health services.
8 Sec. 160. Section 135.63, subsection 4, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10A copy of the application shall be sent to the department
11of human services at the time the application is submitted to
12the Iowa department of public health. The department shall not
13process applications for and the council shall not consider a
14new or changed institutional health service for an intermediate
15care facility for persons with an intellectual disability
16unless both of the following conditions are met:
17 Sec. 161. Section 135.100, subsection 1, Code 2023, is
18amended to read as follows:
191. “Department” means the Iowa department of public health
20and human services.
21 Sec. 162. Section 135.101, Code 2023, is amended to read as
22follows:
23135.101 Childhood lead poisoning prevention program.
24There is established a childhood lead poisoning prevention
25program within the Iowa department of public health. The
26department shall implement and review programs necessary to
27eliminate potentially dangerous toxic lead levels in children
28in Iowa in a year for which funds are appropriated to the
29department for this purpose.
30 Sec. 163. Section 135.106, subsection 1, unnumbered
31paragraph 1, Code 2023, is amended to read as follows:
32The Iowa department of public health shall establish a
33healthy opportunities for parents to experience success (HOPES)
34– healthy families Iowa (HFI) program to provide services to
35families and children during the prenatal through preschool
-113-1years. The program shall be designed to do all of the
2following:
3 Sec. 164. Section 135.106, subsection 2, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The HOPES-HFI program shall be developed by the Iowa
6 department of public health, and may be implemented, in
7whole or in part, by contracting with a nonprofit child
8abuse prevention organization, local nonprofit certified home
9health program or other local nonprofit organizations, and
10shall include, but is not limited to, all of the following
11components:
12 Sec. 165. Section 135.106, subsection 3, Code 2023, is
13amended to read as follows:
143. It is the intent of the general assembly to provide
15communities with the discretion and authority to redesign
16existing local programs and services targeted at and assisting
17families expecting babies and families with children who
18are newborn through five years of age. The Iowa department
19of public health, department of human services, department
20of education, and other state agencies and programs, as
21appropriate, shall provide technical assistance and support
22to communities desiring to redesign their local programs and
23shall facilitate the consolidation of existing state funding
24appropriated and made available to the community for family
25support services. Funds which are consolidated in accordance
26with this subsection shall be used to support the redesigned
27service delivery system. In redesigning services, communities
28are encouraged to implement a single uniform family risk
29assessment mechanism and shall demonstrate the potential for
30improved outcomes for children and families. Requests by
31local communities for the redesigning of services shall be
32submitted to the Iowa department of public health, department
33of human services, and the department of education, and are
34subject to the approval of the early childhood Iowa state board
35in consultation with the departments, based on the practices
-114-1utilized with early childhood Iowa areas under chapter 256I.
2 Sec. 166. Section 135.107, Code 2023, is amended to read as
3follows:
4135.107 Center for rural Rural health and primary care
5established — duties.
61. The center for rural health and primary care is
7established within the department.
82. 1. The center for rural health and primary care
9 department shall do all of the following:
10a. Provide technical planning assistance to rural
11communities and counties exploring innovative means of
12delivering rural health services through community health
13services assessment, planning, and implementation, including
14but not limited to hospital conversions, cooperative agreements
15among hospitals, physician and health practitioner support,
16recruitment and retention of primary health care providers,
17public health services, emergency medical services, medical
18assistance facilities, rural health care clinics, and
19alternative means which may be included in the long-term
20community health services assessment and developmental plan.
21The center for rural health and primary care department
22 shall encourage collaborative efforts of the local boards of
23health, hospital governing boards, and other public and private
24entities located in rural communities to adopt a long-term
25community health services assessment and developmental plan
26pursuant to rules adopted by the department and perform the
27duties required of the Iowa department of public health in
28section 135B.33.
29b. Provide technical assistance to assist rural communities
30in improving Medicare reimbursements through the establishment
31of rural health clinics, defined pursuant to 42 U.S.C. §1395x,
32and distinct part skilled nursing facility beds.
33c. Coordinate services to provide research for the following
34items:
35(1) Examination of the prevalence of rural occupational
-115-1health injuries in the state.
2(2) Assessment of training and continuing education
3available through local hospitals and others relating to
4diagnosis and treatment of diseases associated with rural
5occupational health hazards.
6(3) Determination of continuing education support necessary
7for rural health practitioners to diagnose and treat illnesses
8caused by exposure to rural occupational health hazards.
9(4) Determination of the types of actions that can help
10prevent agricultural accidents.
11(5) Surveillance and reporting of disabilities suffered
12by persons engaged in agriculture resulting from diseases
13or injuries, including identifying the amount and severity
14of agricultural-related injuries and diseases in the state,
15identifying causal factors associated with agricultural-related
16injuries and diseases, and indicating the effectiveness of
17intervention programs designed to reduce injuries and diseases.
18d. Cooperate with the center for agricultural safety and
19health established under section 262.78, the center for health
20effects of environmental contamination established under
21section 263.17, and the department of agriculture and land
22stewardship. The agencies shall coordinate programs to the
23extent practicable.
24e. Administer grants for farm safety education efforts
25directed to rural families for the purpose of preventing
26farm-related injuries to children.
273. 2. The center for rural health and primary care
28 department shall establish a primary care provider recruitment
29and retention endeavor, to be known as PRIMECARRE. The
30endeavor shall include a health care workforce and community
31support grant program and a primary care provider loan
32repayment program. The endeavor shall be developed and
33implemented in a manner to promote and accommodate local
34creativity in efforts to recruit and retain health care
35professionals to provide services in the locality. The
-116-1focus of the endeavor shall be to promote and assist local
2efforts in developing health care provider recruitment and
3retention programs. The center for rural health and primary
4care department may enter into an agreement with the college
5student aid commission for the administration of the center’s
6 department’s grant and loan repayment programs.
7a. Health care workforce and community support grant program.
8(1) The center for rural health and primary care department
9 shall adopt rules establishing flexible application processes
10based upon the department’s strategic plan to be used by the
11center department to establish a grant assistance program as
12provided in this paragraph “a”, and establishing the criteria
13to be used in evaluating the applications. Selection criteria
14shall include a method for prioritizing grant applications
15based on illustrated efforts to meet the health care provider
16needs of the locality and surrounding area. Such assistance
17may be in the form of a forgivable loan, grant, or other
18nonfinancial assistance as deemed appropriate by the center
19 department. An application submitted may contain a commitment
20of matching funds for the grant assistance. Application may
21be made for assistance by a single community or group of
22communities or in response to programs recommended in the
23strategic plan to address health workforce shortages.
24(2) Grants awarded under the program shall be awarded
25to rural, underserved areas or special populations as
26identified by the department’s strategic plan or evidence-based
27documentation.
28b. Primary care provider loan repayment program.
29(1) A primary care provider loan repayment program is
30established to increase the number of health professionals
31practicing primary care in federally designated health
32professional shortage areas of the state. Under the program,
33loan repayment may be made to a recipient for educational
34expenses incurred while completing an accredited health
35education program directly related to obtaining credentials
-117-1necessary to practice the recipient’s health profession.
2(2) The center for rural health and primary care
3 department shall adopt rules relating to the establishment and
4administration of the primary care provider loan repayment
5program. Rules adopted pursuant to this paragraph shall
6provide, at a minimum, for all of the following:
7(a) Determination of eligibility requirements and
8qualifications of an applicant to receive loan repayment under
9the program, including but not limited to years of obligated
10service, clinical practice requirements, and residency
11requirements. One year of obligated service shall be provided
12by the applicant in exchange for each year of loan repayment,
13unless federal requirements otherwise require. Loan repayment
14under the program shall not be approved for a health provider
15whose license or certification is restricted by a medical
16regulatory authority of any jurisdiction of the United States,
17other nations, or territories.
18(b) Identification of federally designated health
19professional shortage areas of the state and prioritization of
20such areas according to need.
21(c) Determination of the amount and duration of the loan
22repayment an applicant may receive, giving consideration to the
23availability of funds under the program, and the applicant’s
24outstanding educational loans and professional credentials.
25(d) Determination of the conditions of loan repayment
26applicable to an applicant.
27(e) Enforcement of the state’s rights under a loan repayment
28program contract, including the commencement of any court
29action.
30(f) Cancellation of a loan repayment program contract for
31reasonable cause unless federal requirements otherwise require.
32(g) Participation in federal programs supporting repayment
33of loans of health care providers and acceptance of gifts,
34grants, and other aid or amounts from any person, association,
35foundation, trust, corporation, governmental agency, or other
-118-1entity for the purposes of the program.
2(h) Upon availability of state funds, determination of
3eligibility criteria and qualifications for participating
4communities and applicants not located in federally designated
5shortage areas.
6(i) Other rules as necessary.
74. 3. a. Eligibility under any of the programs established
8under the primary care provider recruitment and retention
9endeavor shall be based upon a community health services
10assessment completed under subsection 2, paragraph “a”.
11Participation in a community health services assessment process
12shall be documented by the community or region.
13b. Assistance under this subsection shall not be granted
14until such time as the community or region making application
15has completed a community health services assessment and
16adopted a long-term community health services assessment and
17developmental plan. In addition to any other requirements, an
18applicant’s plan shall include, to the extent possible, a clear
19commitment to informing high school students of the health care
20opportunities which may be available to such students.
21c. The center for rural health and primary care department
22 shall seek additional assistance and resources from other state
23departments and agencies, federal agencies and grant programs,
24private organizations, and any other person, as appropriate.
25The center department is authorized and directed to accept
26on behalf of the state any grant or contribution, federal or
27otherwise, made to assist in meeting the cost of carrying out
28the purpose of this subsection. All federal grants to and the
29federal receipts of the center department are appropriated
30for the purpose set forth in such federal grants or receipts.
31Funds appropriated by the general assembly to the center
32 department for implementation of this subsection shall first
33be used for securing any available federal funds requiring a
34state match, with remaining funds being used for the health
35care workforce and community support grant program.
-119- 1d. The center for rural health and primary care department
2 may, to further the purposes of this subsection, provide
3financial assistance in the form of grants to support
4the effort of a community which is clearly part of the
5community’s long-term community health services assessment
6and developmental plan. Efforts for which such grants may
7be awarded include but are not limited to the procurement of
8clinical equipment, clinical facilities, and telecommunications
9facilities, and the support of locum tenens arrangements and
10primary care provider mentor programs.
11 Sec. 167. Section 135.108, subsections 1 and 2, Code 2023,
12are amended to read as follows:
131. “Department” means the Iowa department of public health
14and human services.
152. “Director” means the director of public health and human
16services.
17 Sec. 168. Section 135.109, Code 2023, is amended to read as
18follows:
19135.109 Iowa domestic abuse death review team membership.
201. An Iowa domestic abuse death review team is established
21as an independent agency of state government in the department.
222. The department shall provide staffing and administrative
23support to the team.
243. The team shall include the following members:
25a. The state medical examiner or the state medical
26examiner’s designee.
27b. A licensed physician, physician assistant, or nurse who
28is knowledgeable concerning domestic abuse injuries and deaths,
29including suicides.
30c. A licensed mental health professional who is
31knowledgeable concerning domestic abuse.
32d. A representative or designee of the Iowa coalition
33against domestic violence.
34e. A certified or licensed professional who is knowledgeable
35concerning substance abuse use disorder.
-120- 1f. A law enforcement official who is knowledgeable
2concerning domestic abuse.
3g. A law enforcement investigator experienced in domestic
4abuse investigation.
5h. An attorney experienced in prosecuting domestic abuse
6cases.
7i. A judicial officer appointed by the chief justice of the
8supreme court.
9j. A clerk of the district court appointed by the chief
10justice of the supreme court.
11k. An employee or subcontractor of the department of
12corrections who is a trained batterers’ education program
13facilitator.
14l. An attorney licensed in this state who provides criminal
15defense assistance or child custody representation, and who has
16experience in dissolution of marriage proceedings.
17m. Both a female and a male victim of domestic abuse.
18n. A family member of a decedent whose death resulted from
19domestic abuse.
204. The following individuals shall each designate a liaison
21to assist the team in fulfilling the team’s duties:
22a. The attorney general.
23b. The director of the Iowa department of corrections.
24c. The director of public health.
25d. c. The director of health and human services.
26e. d. The commissioner of public safety.
27f. The administrator of the bureau of vital records of the
28Iowa department of public health.
29g. e. The director of the department of education.
30h. f. The state court administrator.
31i. The director of the department of human rights.
32j. g. The director of the state law enforcement academy.
335. a. The director of public health, in consultation with
34the attorney general, shall appoint review team members who are
35not designated by another appointing authority.
-121- 1b. A membership vacancy shall be filled in the same manner
2as the original appointment.
3c. The membership of the review team is subject to the
4provisions of sections 69.16 and 69.16A, relating to political
5affiliation and gender balance.
6d. A member of the team may be reappointed to serve
7additional terms on the team, subject to the provisions of
8chapter 69.
96. Membership terms shall be three-year staggered terms.
107. Members of the team are eligible for reimbursement of
11actual and necessary expenses incurred in the performance of
12their official duties.
138. Team members and their agents are immune from any
14liability, civil or criminal, which might otherwise be incurred
15or imposed as a result of any act, omission, proceeding,
16decision, or determination undertaken or performed, or
17recommendation made as a team member or agent provided that the
18team members or agents acted reasonably and in good faith and
19without malice in carrying out their official duties in their
20official capacity. A complainant bears the burden of proof
21in establishing malice or unreasonableness or lack of good
22faith in an action brought against team members involving the
23performance of their duties and powers.
24 Sec. 169. Section 135.118, subsection 1, Code 2023, is
25amended to read as follows:
261. A child protection center grant program is established
27in the Iowa department of public health in accordance with
28this section. The director of public health department shall
29establish requirements for the grant program and shall award
30grants. A grant may be used for establishment of a new center
31or for support of an existing center.
32 Sec. 170. Section 135.118, subsection 2, paragraph d, Code
332023, is amended to read as follows:
34d. As necessary to address serious cases of child abuse such
35as those involving sexual abuse, serious physical abuse, and
-122-1substance abuse use disorder, a grantee must be able to involve
2or consult with persons from various professional disciplines
3who have training and expertise in addressing special types
4of child abuse. These persons may include but are not
5limited to physicians and other health care professionals,
6mental health professionals, social workers, child protection
7workers, attorneys, juvenile court officers, public health
8workers, child development experts, child educators, and child
9advocates.
10 Sec. 171. Section 135.118, subsection 3, Code 2023, is
11amended to read as follows:
123. The director shall create a committee to consider grant
13proposals and to make grant recommendations to the director.
14The committee membership may include but is not limited to
15representatives of the following: departments of health and
16 human services, and justice, and public health, Iowa medical
17society, Iowa hospital association, Iowa nurses association,
18and an association representing social workers.
19 Sec. 172. Section 135.140, Code 2023, is amended to read as
20follows:
21135.140 Definitions.
22As used in this subchapter, unless the context otherwise
23requires:
241. “Bioterrorism” means the intentional use of any
25microorganism, virus, infectious substance, or biological
26product that may be engineered as a result of biotechnology,
27or any naturally occurring or bioengineered component of any
28such microorganism, virus, infectious substance, or biological
29product, to cause death, disease, or other biological
30malfunction in a human, an animal, a plant, or another living
31organism.
322. “Department” means the Iowa department of public health
33and human services.
343. “Director” means the director of public health and human
35services or the director’s designee.
-123- 14. “Disaster” means disaster as defined in section 29C.2.
25. “Division” means the division of acute disease prevention
3and emergency response of the department.
46. 5. “Public health disaster” means a state of disaster
5emergency proclaimed by the governor in consultation with the
6department pursuant to section 29C.6 for a disaster which
7specifically involves an imminent threat of an illness or
8health condition that meets any of the following conditions of
9paragraphs “a” and “b”:
10a. Is reasonably believed to be caused by any of the
11following:
12(1) Bioterrorism or other act of terrorism.
13(2) The appearance of a novel or previously controlled or
14eradicated infectious agent or biological toxin.
15(3) A chemical attack or accidental release.
16(4) An intentional or accidental release of radioactive
17material.
18(5) A nuclear or radiological attack or accident.
19(6) A natural occurrence or incident, including but not
20limited to fire, flood, storm, drought, earthquake, tornado,
21or windstorm.
22(7) A man-made occurrence or incident, including but not
23limited to an attack, spill, or explosion.
24b. Poses a high probability of any of the following:
25(1) A large number of deaths in the affected population.
26(2) A large number of serious or long-term disabilities in
27the affected population.
28(3) Widespread exposure to an infectious or toxic agent that
29poses a significant risk of substantial future harm to a large
30number of the affected population.
31(4) Short-term or long-term physical or behavioral health
32consequences to a large number of the affected population.
337. 6. “Public health response team” means a team of
34professionals, including licensed health care providers,
35nonmedical professionals skilled and trained in disaster or
-124-1emergency response, and public health practitioners, which is
2sponsored by a hospital or other entity and approved by the
3department to provide disaster assistance in the event of a
4disaster or threatened disaster.
5 Sec. 173. Section 135.141, Code 2023, is amended to read as
6follows:
7135.141 Division of Department duties related to acute
8disease prevention and emergency response — establishment —
9duties of department.
101. A division of acute disease prevention and emergency
11response is established within the department. The division
12 department shall coordinate the administration of this
13subchapter with other administrative divisions of the
14department and with federal, state, and local agencies and
15officials.
162. The department shall do all of the following:
17a. Coordinate with the department of homeland security and
18emergency management the administration of emergency planning
19matters which involve the public health, including development,
20administration, and execution of the public health components
21of the comprehensive emergency plan and emergency management
22program pursuant to section 29C.8.
23b. Coordinate with federal, state, and local agencies and
24officials, and private agencies, organizations, companies, and
25persons, the administration of emergency planning, response,
26and recovery matters that involve the public health.
27c. If a public health disaster exists, or if there is
28reasonable cause to believe that a public health disaster is
29imminent, conduct a risk assessment of any present or potential
30danger to the public health from chemical, radiological, or
31other potentially dangerous agents.
32d. For the purpose of paragraph “c”, an employee or agent
33of the department may enter into and examine any premises
34containing potentially dangerous agents with the consent of the
35owner or person in charge of the premises or, if the owner or
-125-1person in charge of the premises refuses admittance, with an
2administrative search warrant obtained under section 808.14.
3Based on findings of the risk assessment and examination of the
4premises, the director may order reasonable safeguards or take
5any other action reasonably necessary to protect the public
6health pursuant to rules adopted to administer this subsection.
7e. Coordinate the location, procurement, storage,
8transportation, maintenance, and distribution of medical
9supplies, drugs, antidotes, and vaccines to prepare for or in
10response to a public health disaster, including receiving,
11distributing, and administering items from the strategic
12national stockpile program of the centers for disease control
13and prevention of the United States department of health and
14human services.
15f. Conduct or coordinate public information activities
16regarding emergency and disaster planning, response, and
17recovery matters that involve the public health.
18g. Apply for and accept grants, gifts, or other funds to be
19used for programs authorized by this subchapter.
20h. Establish and coordinate other programs or activities
21as necessary for the prevention, detection, management, and
22containment of public health disasters, and for the recovery
23from such disasters.
24i. Adopt rules pursuant to chapter 17A for the
25administration of this subchapter including rules adopted in
26cooperation with the Iowa pharmacy association and the Iowa
27hospital association for the development of a surveillance
28system to monitor supplies of drugs, antidotes, and vaccines to
29assist in detecting a potential public health disaster. Prior
30to adoption, the rules shall be approved by the state board of
31health council on health and human services and the director of
32the department of homeland security and emergency management.
33 Sec. 174. Section 135.166, subsection 1, paragraph a, Code
342023, is amended to read as follows:
35a. The department of public health shall enter into a
-126-1memorandum of understanding with the contractor selected
2through a request for proposals process to act as the
3department’s intermediary in collecting, maintaining, and
4disseminating hospital inpatient, outpatient, and ambulatory
5data, as initially authorized in 1996 Iowa Acts, ch.1212, §5,
6subsection 1, paragraph “a”, subparagraph (4), and 641 IAC
7177.3.
8 Sec. 175. Section 135.173A, Code 2023, is amended to read
9as follows:
10135.173A Child care advisory committee.
111. The early childhood stakeholders alliance shall
12establish a state child care advisory committee as part of the
13stakeholders alliance. The advisory committee shall advise
14and make recommendations to the governor, general assembly,
15department of human services, and other state agencies
16concerning child care.
172. The membership of the advisory committee shall consist of
18a broad spectrum of parents and other persons from across the
19state with an interest in or involvement with child care.
203. Except as otherwise provided, the voting members of
21the advisory committee shall be appointed by the stakeholders
22alliance from a list of names submitted by a nominating
23committee to consist of one member of the advisory committee,
24one member of the department of human services’ department’s
25 child care staff, three consumers of child care, and one member
26of a professional child care organization. Two names shall be
27submitted for each appointment. The voting members shall be
28appointed for terms of three years.
294. The voting membership of the advisory committee shall be
30appointed in a manner so as to provide equitable representation
31of persons with an interest in child care and shall include all
32of the following:
33a. Two parents of children served by a registered child
34development home.
35b. Two parents of children served by a licensed center.
-127- 1c. Two not-for-profit child care providers.
2d. Two for-profit child care providers.
3e. One child care home provider.
4f. Three child development home providers.
5g. One child care resource and referral service grantee.
6h. One nongovernmental child advocacy group representative.
7i. One designee of the department of human services.
8j. One designee of the Iowa department of public health.
9k. j. One designee of the department of education.
10l. k. One head start program provider.
11m. l. One person who is a business owner or executive
12officer from nominees submitted by the Iowa chamber of commerce
13executives.
14n. One designee of the early childhood Iowa office of the
15department of management.
16o. m. One person who is a member of the Iowa afterschool
17alliance.
18p. n. One person who is part of a local program
19implementing the statewide preschool program for four-year-old
20children under chapter 256C.
21q. o. One person who represents the early childhood
22stakeholders alliance.
235. In addition to the voting members of the advisory
24committee, the membership shall include four legislators as
25ex officio, nonvoting members. The four legislators shall
26be appointed one each by the majority leader of the senate,
27the minority leader of the senate, the speaker of the house
28of representatives, and the minority leader of the house of
29representatives for terms as provided in section 69.16B.
306. In fulfilling the advisory committee’s role, the
31committee shall do all of the following:
32a. Consult with the department of human services and make
33recommendations concerning policy issues relating to child
34care.
35b. Advise the department of human services concerning
-128-1services relating to child care, including but not limited to
2any of the following:
3(1) Resource and referral services.
4(2) Provider training.
5(3) Quality improvement.
6(4) Public-private partnerships.
7(5) Standards review and development.
8(6) The federal child care and development block grant,
9state funding, grants, and other funding sources for child
10care.
11c. Assist the department of human services in developing an
12implementation plan to provide seamless service to recipients
13of public assistance, which includes child care services.
14For the purposes of this subsection, “seamless service”
15means coordination, where possible, of the federal and state
16requirements which apply to child care.
17d. Advise and provide technical services to the director of
18the department of education or the director’s designee relating
19to prekindergarten, kindergarten, and before and after school
20programming and facilities.
21e. Make recommendations concerning child care expansion
22programs that meet the needs of children attending a core
23education program by providing child care before and after the
24core program hours and during times when the core program does
25not operate.
26f. Make recommendations for improving collaborations
27between the child care programs involving the department of
28human services and programs supporting the education and
29development of young children including but not limited to the
30federal head start program; the statewide preschool program for
31four-year-old children; and the early childhood, at-risk, and
32other early education programs administered by the department
33of education.
34g. Make recommendations for eliminating duplication and
35otherwise improving the eligibility determination processes
-129-1used for the state child care assistance program and other
2programs supporting low-income families, including but not
3limited to the federal head start, early head start, and even
4start programs; the early childhood, at-risk, and preschool
5programs administered by the department of education; the
6family and self-sufficiency grant program; and the family
7investment program.
8h. Make recommendations as to the most effective and
9efficient means of managing the state and federal funding
10available for the state child care assistance program.
11i. Review program data from the department of human services
12 and other departments concerning child care as deemed to be
13necessary by the advisory committee, although a department
14shall not provide personally identifiable data or information.
15j. Advise and assist the early childhood stakeholders
16alliance in developing the strategic plan required pursuant to
17section 256I.4, subsection 4.
187. The department of human services shall provide
19information to the advisory committee semiannually on all of
20the following:
21a. Federal, state, local, and private revenues and
22expenditures for child care including but not limited to
23updates on the current and future status of the revenues and
24expenditures.
25b. Financial information and data relating to regulation of
26child care by the department of human services and the usage of
27the state child care assistance program.
28c. Utilization and availability data relating to child care
29regulation, quantity, and quality from consumer and provider
30perspectives.
31d. Statistical and demographic data regarding child care
32providers and the families utilizing child care.
33e. Statistical data regarding the processing time for
34issuing notices of decision to state child care assistance
35applicants and for issuing payments to child care providers.
-130- 18. The advisory committee shall coordinate with the early
2childhood stakeholders alliance its reporting annually in
3December to the governor and general assembly concerning the
4status of child care in the state, providing findings, and
5making recommendations. The annual report may be personally
6presented to the general assembly’s standing committees on
7health and human resources services by a representative of the
8advisory committee.
9 Sec. 176. Section 135.175, subsection 6, paragraphs b and c,
10Code 2023, are amended to read as follows:
11b. State programs that may receive funding from the fund
12and the accounts in the fund, if specifically designated for
13the purpose of drawing down federal funding, are the primary
14care recruitment and retention endeavor (PRIMECARRE), the Iowa
15affiliate of the national rural recruitment and retention
16network, the oral and health delivery systems bureau dental
17program of the department, the primary care office and
18shortage designation program, and the state office of rural
19health, administered through the oral and health delivery
20systems bureau of the department of public health; any entity
21identified by the federal government entity through which
22federal funding for a specified health care workforce shortage
23initiative is received; and a program developed in accordance
24with the strategic plan developed by the department of public
25health in accordance with section 135.163.
26c. Any federal funding received for the purposes of
27addressing state health care workforce shortages shall be
28deposited in the health care workforce shortage national
29initiatives account, unless otherwise specified by the source
30of the funds, and shall be used as required by the source of
31the funds. If use of the federal funding is not designated,
32the funds shall be used in accordance with the strategic plan
33developed by the department of public health in accordance with
34section 135.163, or to address workforce shortages as otherwise
35designated by the department of public health. Other sources
-131-1of funding shall be deposited in the fund or account and used
2as specified by the source of the funding.
3 Sec. 177. Section 135.185, subsection 6, Code 2023, is
4amended to read as follows:
56. The department of public health, the board of medicine,
6the board of nursing, and the board of pharmacy shall adopt
7rules pursuant to chapter 17A to implement and administer this
8section, including but not limited to standards and procedures
9for the prescription, distribution, storage, replacement, and
10administration of epinephrine auto-injectors, and for training
11and authorization to be required for personnel authorized to
12administer epinephrine.
13 Sec. 178. Section 135.190, subsection 1, paragraph d, Code
142023, is amended to read as follows:
15d. “Person in a position to assist” means a family member,
16friend, caregiver, health care provider, employee of a
17substance abuse use disorder treatment facility, school
18employee, or other person who may be in a place to render aid to
19a person at risk of experiencing an opioid-related overdose.
20 Sec. 179. Section 135.190A, subsection 6, Code 2023, is
21amended to read as follows:
226. The department shall submit a report to the
23co-chairpersons and ranking members of the joint appropriations
24subcommittee on the justice system and to the legislative
25services agency general assembly on or before December 31
26of each year which shall contain a list of deposits and
27expenditures from the fund for the prior fiscal year and the
28amount of carryover funds, if any, to be distributed in the
29next fiscal year.
30 Sec. 180. Section 135A.2, subsections 2 and 4, Code 2023,
31are amended to read as follows:
322. “Department” means the department of public health and
33human services.
344. “Governmental public health system” means local boards
35of health, the state board of council on health and human
-132-1services, designated local public health agencies, the state
2hygienic laboratory, and the department.
3 Sec. 181. Section 135A.8, subsection 4, Code 2023, is
4amended to read as follows:
54. A local board of health seeking matching funds or grants
6under this section shall apply to the department. The state
7board of council on health and human services shall adopt rules
8concerning the application and award process for the allocation
9of moneys in the fund and shall establish the criteria for the
10allocation of moneys in the fund if the moneys are insufficient
11to meet the needs of local boards of health.
12 Sec. 182. Section 135A.9, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14The state board of council on health and human services shall
15adopt rules pursuant to chapter 17A to implement this chapter
16which shall include but are not limited to the following:
17 Sec. 183. Section 135B.7, subsection 1, paragraph a, Code
182023, is amended to read as follows:
19a. The department, with the approval of the state board of
20 council on health and human services, shall adopt rules setting
21out the standards for the different types of hospitals to be
22licensed under this chapter. The department shall enforce the
23rules.
24 Sec. 184. Section 135B.9, subsection 2, Code 2023, is
25amended to read as follows:
262. In the state resource centers and state mental health
27institutes operated by the department of health and human
28services, the designated protection and advocacy agency as
29provided in section 135C.2, subsection 4, shall have the
30authority to investigate all complaints of abuse and neglect
31of persons with developmental disabilities or mental illnesses
32if the complaints are reported to the protection and advocacy
33agency or if there is probable cause to believe that the abuse
34has occurred. Such authority shall include the examination of
35all records pertaining to the care provided to the residents
-133-1and contact or interview with any resident, employee, or any
2other person who might have knowledge about the operation of
3the institution.
4 Sec. 185. Section 135B.33, subsection 1, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6Subject to availability of funds, the Iowa department of
7public health and human services shall provide technical
8planning assistance to local boards of health and hospital
9governing boards to ensure access to hospital services in
10rural areas. The department shall encourage the local boards
11of health and hospital governing boards to adopt a long-term
12community health services and developmental plan including the
13following:
14 Sec. 186. Section 135B.34, Code 2023, is amended to read as
15follows:
16135B.34 Hospital employees — criminal history and abuse
17record checks — penalty.
181. a. Prior to employment of a person in a hospital, the
19hospital shall do one of the following:
20(1) Request that the department of public safety perform a
21criminal history check and the record check evaluation system
22of the department of health and human services perform child
23and dependent adult abuse record checks of the person in this
24state.
25(2) Access the single contact repository to perform the
26required record checks.
27b. (1) If a hospital accesses the single contact repository
28to perform the required record checks pursuant to paragraph
29“a”, the hospital may utilize a third-party vendor to perform a
30comprehensive preliminary background check and provisionally
31employ a person being considered for employment pending
32completion of the required record checks through the single
33contact repository and the evaluation by the department of
34human services record check evaluation system, as applicable,
35subject to all of the following:
-134- 1(a) If the comprehensive preliminary background check
2determines that the person being considered for employment has
3been convicted of a crime, but the crime does not constitute a
4felony as defined in section 701.7 and is not a crime specified
5pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
6712, or pursuant to section 726.3, 726.27, or 726.28.
7(b) If the comprehensive preliminary background check
8determines the person being considered for employment does not
9have a record of founded child abuse or dependent adult abuse
10or if an exception pursuant to subsection 4 is applicable to
11the person.
12(c) If the hospital has requested an evaluation in
13accordance with subsection 2, paragraph “a”, to determine
14whether the crime warrants prohibition of the person’s
15employment in the hospital.
16(2) The provisional employment under this paragraph “b”
17may continue until such time as the required record checks
18through the single contact repository and the evaluation by the
19department of human services record check evaluation system,
20as applicable, are completed.
21c. A hospital shall inform all persons prior to employment
22regarding the performance of the record checks and shall
23obtain, from the persons, a signed acknowledgment of the
24receipt of the information. A hospital shall include the
25following inquiry in an application for employment:
26Do you have a record of founded child or dependent adult abuse
27or have you ever been convicted of a crime, in this state or any
28other state?
292. a. If it is determined that a person being considered
30for employment in a hospital has committed a crime, the
31department of public safety shall notify the hospital that upon
32the request of the hospital the department of human services
33 record check evaluation system will perform an evaluation
34to determine whether the crime warrants prohibition of the
35person’s employment in the hospital.
-135- 1b. (1) If a person being considered for employment, other
2than employment involving the operation of a motor vehicle, has
3been convicted of a crime listed in subparagraph (2) but does
4not have a record of founded child or dependent adult abuse
5and the hospital has requested an evaluation in accordance
6with paragraph “a” to determine whether the crime warrants
7prohibition of the person’s employment, the hospital may employ
8the person for not more than sixty calendar days pending
9completion of the evaluation.
10(2) Subparagraph (1) applies to a crime that is a simple
11misdemeanor offense under section 123.47, and to a crime
12that is a first offense of operating a motor vehicle while
13intoxicated under section 321J.2, subsection 1.
14c. If a department of human services record check evaluation
15system child or dependent adult abuse record check shows that
16the person has a record of founded child or dependent adult
17abuse, the department of human services record check evaluation
18system shall notify the hospital that upon the request of
19the hospital the department of human services record check
20evaluation system will perform an evaluation to determine
21whether the founded child or dependent adult abuse warrants
22prohibition of the person’s employment in the hospital.
23d. An evaluation performed under this subsection shall
24be performed in accordance with procedures adopted for this
25purpose by the department of health and human services.
26e. (1) If a person owns or operates more than one hospital,
27and an employee of one of such hospitals is transferred to
28another such hospital without a lapse in employment, the
29hospital is not required to request additional criminal and
30child and dependent adult abuse record checks of that employee.
31(2) If the ownership of a hospital is transferred, at the
32time of transfer the record checks required by this section
33shall be performed for each employee for whom there is no
34documentation that such record checks have been performed.
35The hospital may continue to employ such employee pending the
-136-1performance of the record checks and any related evaluation.
23. In an evaluation, the department of human services
3 record check evaluation system shall consider the nature and
4seriousness of the crime or founded child or dependent adult
5abuse in relation to the position sought or held, the time
6elapsed since the commission of the crime or founded child
7or dependent adult abuse, the circumstances under which the
8crime or founded child or dependent adult abuse was committed,
9the degree of rehabilitation, the likelihood that the person
10will commit the crime or founded child or dependent adult
11abuse again, and the number of crimes or founded child or
12dependent adult abuses committed by the person involved. If
13the department of human services record check evaluation system
14 performs an evaluation for the purposes of this section, the
15department of human services record check evaluation system
16 has final authority in determining whether prohibition of the
17person’s employment is warranted.
184. a. Except as provided in subsection 1, paragraph “b”,
19subsection 2, and paragraph “b” of this subsection, a person
20who has committed a crime or has a record of founded child
21or dependent adult abuse shall not be employed in a hospital
22licensed under this chapter unless an evaluation has been
23performed by the department of human services record check
24evaluation system.
25b. A person with a criminal or abuse record who is or was
26employed by a hospital licensed under this chapter and is hired
27by another hospital shall be subject to the criminal history
28and abuse record checks required pursuant to subsection 1.
29However, if an evaluation was previously performed by the
30department of human services record check evaluation system
31 concerning the person’s criminal or abuse record and it was
32determined that the record did not warrant prohibition of
33the person’s employment and the latest record checks do not
34indicate a crime was committed or founded abuse record was
35entered subsequent to that evaluation, the person may commence
-137-1employment with the other hospital in accordance with the
2department of human services’ record check evaluation system’s
3 evaluation and an exemption from the requirements in paragraph
4“a” for reevaluation of the latest record checks is authorized.
5Otherwise, the requirements of paragraph “a” remain applicable
6to the person’s employment. Authorization of an exemption
7under this paragraph “b” from requirements for reevaluation of
8the latest record checks by the department of human services
9 record check evaluation system is subject to all of the
10following provisions:
11(1) The position with the subsequent employer is
12substantially the same or has the same job responsibilities as
13the position for which the previous evaluation was performed.
14(2) Any restrictions placed on the person’s employment in
15the previous evaluation by the department of human services
16 record check evaluation system shall remain applicable in the
17person’s subsequent employment.
18(3) The person subject to the record checks has maintained a
19copy of the previous evaluation and provides the evaluation to
20the subsequent employer or the previous employer provides the
21previous evaluation from the person’s personnel file pursuant
22to the person’s authorization. If a physical copy of the
23previous evaluation is not provided to the subsequent employer,
24the record checks shall be reevaluated.
25(4) Although an exemption under this lettered paragraph “b”
26may be authorized, the subsequent employer may instead request
27a reevaluation of the record checks and may employ the person
28while the reevaluation is being performed.
295. a. If a person employed by a hospital that is subject
30to this section is convicted of a crime or has a record of
31founded child or dependent adult abuse entered in the abuse
32registry after the person’s employment application date, the
33person shall inform the hospital of such information within
34forty-eight hours of the criminal conviction or entry of the
35record of founded child or dependent adult abuse. The hospital
-138-1shall act to verify the information within seven calendar
2days of notification. If the information is verified, the
3requirements of subsections 2, 3, and 4 regarding employability
4and evaluations shall be applied by the hospital to determine
5whether or not the person’s employment is continued. The
6hospital may continue to employ the person pending the
7performance of an evaluation by the department of human
8services record check evaluation system to determine whether
9prohibition of the person’s employment is warranted. A person
10who is required by this subsection to inform the person’s
11employer of a conviction or entry of an abuse record and
12fails to do so within the required period commits a serious
13misdemeanor.
14b. If a hospital receives credible information, as
15determined by the hospital, that a person employed by the
16hospital has been convicted of a crime or a record of founded
17child or dependent adult abuse has been entered in the
18abuse registry after employment from a person other than the
19employee and the employee has not informed the hospital of such
20information within the period required under paragraph “a”, the
21hospital shall act to verify the credible information within
22seven calendar days of receipt of the credible information. If
23the information is verified, the requirements of subsections
242, 3, and 4 regarding employability and evaluations shall
25be applied by the hospital to determine whether or not the
26person’s employment is continued.
27c. The hospital may notify the county attorney for the
28county where the hospital is located of any violation or
29failure by an employee to notify the hospital of a criminal
30conviction or entry of an abuse record within the period
31required under paragraph “a”.
326. A hospital licensed in this state may access the single
33contact repository established by the department pursuant to
34section 135C.33 as necessary for the hospital to perform record
35checks of persons employed or being considered for employment
-139-1by the hospital.
27. For the purposes of this section, “comprehensive
3preliminary background check” means and “record check evaluation
4system” mean the same as defined in section 135C.1.
5 Sec. 187. Section 135C.1, subsection 20, Code 2023, is
6amended to read as follows:
720. “Residential care facility” means any institution,
8place, building, or agency providing for a period exceeding
9twenty-four consecutive hours accommodation, board, personal
10assistance and other essential daily living activities to
11three or more individuals, not related to the administrator or
12owner thereof within the third degree of consanguinity, who by
13reason of illness, disease, or physical or mental infirmity
14are unable to sufficiently or properly care for themselves but
15who do not require the services of a registered or licensed
16practical nurse except on an emergency basis or who by reason
17of illness, disease, or physical or mental infirmity are unable
18to sufficiently or properly care for themselves but who do not
19require the services of a registered or licensed practical
20nurse except on an emergency basis if home and community-based
21services, other than nursing care, as defined by this chapter
22and departmental rule, are provided. For the purposes of
23this definition, the home and community-based services to be
24provided are limited to the type included under the medical
25assistance program provided pursuant to chapter 249A, are
26subject to cost limitations established by the department
27of health and human services under the medical assistance
28program, and except as otherwise provided by the department of
29inspections and appeals with the concurrence of the department
30of health and human services, are limited in capacity to the
31number of licensed residential care facilities and the number
32of licensed residential care facility beds in the state as of
33December 1, 2003.
34 Sec. 188. Section 135C.1, Code 2023, is amended by adding
35the following new subsection:
-140-1 NEW SUBSECTION. 18A. “Record check evaluation system” means
2the record check evaluation system of the department of health
3and human services used to perform child and dependent adult
4abuse record checks and to evaluate criminal history and abuse
5records.
6 Sec. 189. Section 135C.4, subsection 3, Code 2023, is
7amended to read as follows:
83. For the purposes of this section, the home and
9community-based services to be provided shall be limited
10to the type included under the medical assistance program
11provided pursuant to chapter 249A, shall be subject to cost
12limitations established by the department of health and human
13services under the medical assistance program, and except
14as otherwise provided by the department of inspections and
15appeals with the concurrence of the department of health and
16 human services, shall be limited in capacity to the number of
17licensed residential care facilities and the number of licensed
18residential care facility beds in the state as of December 1,
192003.
20 Sec. 190. Section 135C.6, subsections 8 and 9, Code 2023,
21are amended to read as follows:
228. The following residential programs to which the
23department of health and human services applies accreditation,
24certification, or standards of review shall not be required to
25be licensed as a health care facility under this chapter:
26a. Residential programs providing care to not more than four
27individuals and receiving moneys appropriated to the department
28of health and human services under provisions of a federally
29approved home and community-based services waiver for persons
30with an intellectual disability or other medical assistance
31program under chapter 249A. In approving a residential
32program under this paragraph, the department of health and
33 human services shall consider the geographic location of the
34program so as to avoid an overconcentration of such programs
35in an area. In order to be approved under this paragraph,
-141-1a residential program shall not be required to involve the
2conversion of a licensed residential care facility for persons
3with an intellectual disability.
4b. Not more than forty residential care facilities for
5persons with an intellectual disability that are licensed to
6serve not more than five individuals may be authorized by the
7department of health and human services to convert to operation
8as a residential program under the provisions of a medical
9assistance home and community-based services waiver for persons
10with an intellectual disability. A converted residential
11program operating under this paragraph is subject to the
12conditions stated in paragraph “a” except that the program shall
13not serve more than five individuals.
14c. A residential program approved by the department of
15health and human services pursuant to this paragraph “c” to
16receive moneys appropriated to the department of health and
17 human services under provisions of a federally approved home
18and community-based services habilitation or waiver program may
19provide care to not more than five individuals. The department
20shall approve a residential program under this paragraph that
21complies with all of the following conditions:
22(1) Approval of the program will not result in an
23overconcentration of such programs in an area.
24(2) The county in which the residential program is located
25submits to the department of health and human services a letter
26of support for approval of the program.
27(3) The county in which the residential program is located
28provides to the department of health and human services
29verification in writing that the program is needed to address
30one or more of the following:
31(a) The quantity of services currently available in the
32county is insufficient to meet the need.
33(b) The quantity of affordable rental housing in the county
34is insufficient.
35(c) Implementation of the program will cause a reduction in
-142-1the size or quantity of larger congregate programs.
29. Contingent upon the department of health and human
3services receiving federal approval, a residential program
4which serves not more than eight individuals and is licensed as
5an intermediate care facility for persons with an intellectual
6disability may surrender the facility license and continue
7to operate under a federally approved medical assistance
8home and community-based services waiver for persons with an
9intellectual disability, if the department of health and human
10services has approved a plan submitted by the residential
11program.
12 Sec. 191. Section 135C.14, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14The department shall, in accordance with chapter 17A and
15with the approval of the state board of council on health
16and human services, adopt and enforce rules setting minimum
17standards for health care facilities. In so doing, the
18department, with the approval of the state board of council
19on health and human services, may adopt by reference, with
20or without amendment, nationally recognized standards and
21rules, which shall be specified by title and edition, date
22of publication, or similar information. The rules and
23standards required by this section shall be formulated in
24consultation with the director of health and human services or
25the director’s designee, with the state fire marshal, and with
26affected industry, professional, and consumer groups, and shall
27be designed to further the accomplishment of the purposes of
28this chapter and shall relate to:
29 Sec. 192. Section 135C.16, subsection 3, Code 2023, is
30amended to read as follows:
313. An authorized representative of the department may
32enter any licensed health care facility without a warrant,
33and may examine all records pertaining to the care provided
34residents of the facility. An authorized representative of the
35department may contact or interview any resident, employee, or
-143-1any other person who might have knowledge about the operation
2of a health care facility. An authorized representative of the
3department of health and human services shall have the same
4right with respect to any facility where one or more residents
5are cared for entirely or partially at public expense, and an
6authorized representative of the designated protection and
7advocacy agency shall have the same right with respect to
8any facility where one or more residents have developmental
9disabilities or mental illnesses, and the state fire marshal
10or a deputy appointed pursuant to section 135C.9, subsection
111, paragraph “b”, shall have the same right of entry into any
12facility and the right to inspect any records pertinent to
13fire safety practices and conditions within that facility, and
14an authorized representative of the office of long-term care
15ombudsman shall have the same right with respect to any nursing
16facility or residential care facility. If any such authorized
17representative has probable cause to believe that any
18institution, building, or agency not licensed as a health care
19facility is in fact a health care facility as defined by this
20chapter, and upon producing identification that the individual
21is an authorized representative is denied entry thereto to
22the facility for the purpose of making an inspection, the
23authorized representative may, with the assistance of the
24county attorney of the county in which the purported health
25care facility is located, apply to the district court for an
26order requiring the owner or occupant to permit entry and
27inspection of the premises to determine whether there have been
28any violations of this chapter.
29 Sec. 193. Section 135C.17, Code 2023, is amended to read as
30follows:
31135C.17 Duties of other departments.
32It shall be the duty of the department of health and
33 human services, state fire marshal, office of long-term care
34ombudsman, and the officers and agents of other state and local
35governmental units, and the designated protection and advocacy
-144-1agency to assist the department in carrying out the provisions
2of this chapter, insofar as the functions of these respective
3offices and departments are concerned with the health, welfare,
4and safety of any resident of any health care facility. It
5shall be the duty of the department to cooperate with the
6protection and advocacy agency and the office of long-term
7care ombudsman by responding to all reasonable requests for
8assistance and information as required by federal law and this
9chapter.
10 Sec. 194. Section 135C.19, subsection 2, paragraph b, Code
112023, is amended to read as follows:
12b. A copy of each citation required to be posted by this
13subsection shall be sent by the department to the department
14of health and human services, to the designated protection
15and advocacy agency if the facility has one or more residents
16with developmental disabilities or mental illness, and to the
17office of long-term care ombudsman if the facility is a nursing
18facility or residential care facility.
19 Sec. 195. Section 135C.19, subsection 3, Code 2023, is
20amended to read as follows:
213. If the facility cited subsequently advises the
22department of health and human services that the violation
23has been corrected to the satisfaction of the department of
24inspections and appeals, the department of health and human
25services shall maintain this advisory in the same file with
26the copy of the citation. The department of health and human
27services shall not disseminate to the public any information
28regarding citations issued by the department of inspections and
29appeals, but shall forward or refer inquiries to the department
30of inspections and appeals.
31 Sec. 196. Section 135C.20A, subsection 2, Code 2023, is
32amended to read as follows:
332. The report card form shall be developed by the department
34in cooperation with representatives of the department on
35aging of health and human services, the state long-term care
-145-1ombudsman, representatives of certified volunteer long-term
2care ombudsmen, representatives of protection and advocacy
3entities, consumers, and other interested persons.
4 Sec. 197. Section 135C.22, Code 2023, is amended to read as
5follows:
6135C.22 Applicable to governmental units.
7The provisions of this chapter shall be applicable to
8institutions operated by or under the control of the department
9of health and human services, the state board of regents, or
10any other governmental unit.
11 Sec. 198. Section 135C.31A, Code 2023, is amended to read
12as follows:
13135C.31A Assessment of residents — program eligibility —
14prescription drug coverage.
151. A health care facility shall assist the Iowa department
16of veterans affairs in identifying, upon admission of a
17resident, the resident’s eligibility for benefits through the
18United States department of veterans affairs. The department
19of inspections and appeals, in cooperation with the department
20of health and human services, shall adopt rules to administer
21this section, including a provision that ensures that if a
22resident is eligible for benefits through the United States
23department of veterans affairs or other third-party payor,
24the payor of last resort for reimbursement to the health care
25facility is the medical assistance program. The rules shall
26also require the health care facility to request information
27from a resident or resident’s personal representative regarding
28the resident’s veteran status and to report to the Iowa
29department of veterans affairs only the names of residents
30identified as potential veterans along with the names of their
31spouses and any dependents. Information reported by the
32health care facility shall be verified by the Iowa department
33of veterans affairs. This section shall not apply to the
34admission of an individual to a state mental health institute
35for acute psychiatric care or to the admission of an individual
-146-1to the Iowa veterans home.
22. a. If a resident is identified, upon admission to a
3health care facility, as eligible for benefits through the
4United States department of veterans affairs pursuant to
5subsection 1 or through other means, the health care facility
6shall allow the resident to access any prescription drug
7benefit included in such benefits for which the resident is
8also eligible. The health care facility shall also assist the
9Iowa department of veterans affairs in identifying individuals
10residing in such health care facilities on July 1, 2009, who
11are eligible for the prescription drug benefit.
12b. The department of inspections and appeals, the department
13of veterans affairs, and the department of health and human
14services shall identify any barriers to residents in accessing
15such prescription drug benefits and shall assist health
16care facilities in adjusting their procedures for medication
17administration to comply with this subsection.
18 Sec. 199. Section 135C.33, Code 2023, is amended to read as
19follows:
20135C.33 Employees and certified nurse aide trainees — child
21or dependent adult abuse information and criminal record check
22options — evaluations — application to other providers —
23penalty.
241. a. For the purposes of this section, the term “crime”
25does not include offenses under chapter 321 classified as a
26simple misdemeanor or equivalent simple misdemeanor offenses
27from another jurisdiction.
28b. Prior to employment of a person in a facility or with a
29provider as specified in subsection 5, the facility or provider
30shall do one of the following:
31(1) Request that the department of public safety perform a
32criminal history check and the record check evaluation system
33of the department of health and human services perform child
34and dependent adult abuse record checks of the person in this
35state.
-147- 1(2) Access the single contact repository to perform the
2required record checks.
3c. (1) If a facility or a provider as specified in
4subsection 5 accesses the single contact repository to perform
5the required record checks pursuant to paragraph “b”, the
6facility or provider may utilize a third-party vendor to
7perform a comprehensive preliminary background check and
8provisionally employ a person being considered for employment
9pending completion of the required record checks through
10the single contact repository and the evaluation by the
11department of human services record check evaluation system, as
12applicable, subject to all of the following:
13(a) If the comprehensive preliminary background check
14determines that the person being considered for employment has
15been convicted of a crime, but the crime does not constitute a
16felony as defined in section 701.7 and is not a crime specified
17pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
18712, or pursuant to section 726.3, 726.27, or 726.28.
19(b) If the comprehensive preliminary background check
20determines the person being considered for employment does not
21have a record of founded child abuse or dependent adult abuse
22or if an exception pursuant to subsection 4 is applicable to
23the person.
24(c) If the facility or provider has requested an evaluation
25in accordance with subsection 2, paragraph “a”, to determine
26whether the crime warrants prohibition of the person’s
27employment in the facility or with the provider.
28(2) The provisional employment under this paragraph “c”
29may continue until such time as the required record checks
30through the single contact repository and the evaluation by the
31department of human services record check evaluation system,
32as applicable, are completed.
33d. A facility or provider shall inform all persons prior
34to employment regarding the performance of the record checks
35and shall obtain, from the persons, a signed acknowledgment of
-148-1the receipt of the information. A facility or provider shall
2include the following inquiry in an application for employment:
3Do you have a record of founded child or dependent adult abuse
4or have you ever been convicted of a crime other than a simple
5misdemeanor offense relating to motor vehicles and laws of the
6road under chapter 321 or equivalent provisions, in this state
7or any other state?
82. a. If it is determined that a person being considered
9for employment in a facility or with a provider has been
10convicted of a crime under a law of any state, the department
11of public safety shall notify the facility or provider that
12upon the request of the facility or provider the department of
13human services record check evaluation system will perform an
14evaluation to determine whether the crime warrants prohibition
15of the person’s employment in the facility or with the
16provider.
17b. (1) If a person being considered for employment, other
18than employment involving the operation of a motor vehicle, has
19been convicted of a crime listed in subparagraph (2) but does
20not have a record of founded child or dependent adult abuse
21and the facility or provider has requested an evaluation in
22accordance with paragraph “a” to determine whether the crime
23warrants prohibition of the person’s employment, the facility
24or provider may employ the person for not more than sixty
25calendar days pending completion of the evaluation.
26(2) Subparagraph (1) applies to a crime that is a simple
27misdemeanor offense under section 123.47, and to a crime
28that is a first offense of operating a motor vehicle while
29intoxicated under section 321J.2, subsection 1.
30c. If a department of human services record check evaluation
31system child or dependent adult abuse record check shows
32that such person has a record of founded child or dependent
33adult abuse, the department of human services record check
34evaluation system shall notify the facility or provider that
35upon the request of the facility or provider the department of
-149-1human services record check evaluation system will perform an
2evaluation to determine whether the founded child or dependent
3adult abuse warrants prohibition of employment in the facility
4or with the provider.
5d. An evaluation performed under this subsection shall
6be performed in accordance with procedures adopted for this
7purpose by the department of health and human services.
8e. (1) If a person owns or operates more than one facility
9or a provider owns or operates more than one location, and
10an employee of one of such facilities or provider locations
11is transferred to another such facility or provider location
12without a lapse in employment, the facility or provider is not
13required to request additional criminal and child and dependent
14adult abuse record checks of that employee.
15(2) If the ownership of a facility or provider is
16transferred, at the time of transfer the record checks required
17by this section shall be performed for each employee for whom
18there is no documentation that such record checks have been
19performed. The facility or provider may continue to employ
20such employee pending the performance of the record checks and
21any related evaluation.
223. In an evaluation, the department of human services
23 record check evaluation system shall consider the nature and
24seriousness of the crime or founded child or dependent adult
25abuse in relation to the position sought or held, the time
26elapsed since the commission of the crime or founded child
27or dependent adult abuse, the circumstances under which the
28crime or founded child or dependent adult abuse was committed,
29the degree of rehabilitation, the likelihood that the person
30will commit the crime or founded child or dependent adult
31abuse again, and the number of crimes or founded child or
32dependent adult abuses committed by the person involved. If
33the department of human services record check evaluation system
34 performs an evaluation for the purposes of this section, the
35department of human services record check evaluation system
-150-1 has final authority in determining whether prohibition of the
2person’s employment is warranted.
34. a. Except as provided in subsection 1, paragraph “c”,
4subsection 2, and paragraph “b” of this subsection, a person
5who has committed a crime or has a record of founded child or
6dependent adult abuse shall not be employed in a facility or
7with a provider unless an evaluation has been performed by the
8department of human services record check evaluation system.
9b. A person with a criminal or abuse record who is or was
10employed by a facility or provider and is hired by another
11facility or provider shall be subject to the criminal history
12and abuse record checks required pursuant to subsection 1.
13However, if an evaluation was previously performed by the
14department of human services record check evaluation system
15 concerning the person’s criminal or abuse record and it was
16determined that the record did not warrant prohibition of
17the person’s employment and the latest record checks do not
18indicate a crime was committed or founded abuse record was
19entered subsequent to that evaluation, the person may commence
20employment with the other facility or provider in accordance
21with the department of human services’ record check evaluation
22system’s evaluation and an exemption from the requirements in
23paragraph “a” for reevaluation of the latest record checks
24is authorized. Otherwise, the requirements of paragraph “a”
25remain applicable to the person’s employment. Authorization
26of an exemption under this paragraph “b” from requirements for
27reevaluation of the latest record checks by the department of
28human services record check evaluation system is subject to all
29of the following provisions:
30(1) The position with the subsequent employer is
31substantially the same or has the same job responsibilities as
32the position for which the previous evaluation was performed.
33(2) Any restrictions placed on the person’s employment in
34the previous evaluation by the department of human services
35 record check evaluation system shall remain applicable in the
-151-1person’s subsequent employment.
2(3) The person subject to the record checks has maintained a
3copy of the previous evaluation and provides the evaluation to
4the subsequent employer or the previous employer provides the
5previous evaluation from the person’s personnel file pursuant
6to the person’s authorization. If a physical copy of the
7previous evaluation is not provided to the subsequent employer,
8the record checks shall be reevaluated.
9(4) Although an exemption under this paragraph “b” may
10be authorized, the subsequent employer may instead request a
11reevaluation of the record checks and may employ the person
12while the reevaluation is being performed.
135. a. This section shall also apply to prospective
14employees of all of the following, if the provider is regulated
15by the state or receives any state or federal funding:
16(1) An employee of a homemaker-home health aide, home care
17aide, adult day services, or other provider of in-home services
18if the employee provides direct services to consumers.
19(2) An employee of a hospice, if the employee provides
20direct services to consumers.
21(3) An employee who provides direct services to consumers
22under a federal home and community-based services waiver.
23(4) An employee of an elder group home certified under
24chapter 231B, if the employee provides direct services to
25consumers.
26(5) An employee of an assisted living program certified
27under chapter 231C, if the employee provides direct services
28to consumers.
29b. In substantial conformance with the provisions of this
30section, including the provision authorizing provisional
31employment following completion of a comprehensive preliminary
32background check, prior to the employment of such an employee,
33the provider shall request the performance of the criminal
34and child and dependent adult abuse record checks. The
35provider shall inform the prospective employee and obtain the
-152-1prospective employee’s signed acknowledgment. The department
2of human services record check evaluation system shall perform
3the evaluation of any criminal record or founded child or
4dependent adult abuse record and shall make the determination
5of whether a prospective employee of a provider shall not be
6employed by the provider.
76. a. This section shall also apply to an employee of
8a temporary staffing agency that provides staffing for a
9facility, service, program, or other provider regulated by this
10section if the employee provides direct services to consumers.
11b. In substantial conformance with the provisions of this
12section, including the provision authorizing provisional
13employment following completion of a comprehensive preliminary
14background check, prior to the employment of such an employee,
15the temporary staffing agency shall request the performance of
16the criminal and child and dependent adult abuse record checks.
17The temporary staffing agency shall inform the prospective
18employee and obtain the prospective employee’s signed
19acknowledgment. The department of human services record check
20evaluation system shall perform the evaluation of any criminal
21record or founded child or dependent adult abuse record
22and shall make the determination of whether a prospective
23employee of a temporary staffing agency shall not be employed
24by the assisted living program as defined in section 231C.2,
25the Medicare certified home health agency, or the facility,
26service, program, or other provider regulated by this section.
27c. If a person employed by a temporary staffing agency that
28is subject to this section is convicted of a crime or has a
29record of founded child or dependent adult abuse entered in the
30abuse registry after the person’s employment application date,
31the person shall inform the temporary staffing agency within
32forty-eight hours and the temporary staffing agency shall
33inform the facility, service, program, or other provider within
34two hours.
35d. If a temporary staffing agency fails to comply with the
-153-1requirements of this section, the temporary staffing agency
2shall be liable to the facility, service, program, or other
3provider for any actual damages, including civil penalties, and
4reasonable attorney fees.
5e. This section shall not apply to employees employed by a
6temporary staffing agency for a position that does not provide
7direct services to consumers.
87. a. The department of inspections and appeals, in
9conjunction with other departments and agencies of state
10government involved with criminal history and abuse registry
11information, shall establish a single contact repository for
12facilities and other providers to have electronic access to
13data to perform background checks for purposes of employment,
14as required of the facilities and other providers under this
15section.
16b. The department may access the single contact repository
17for any of the following purposes:
18(1) To verify data transferred from the department’s nurse
19aide registry to the repository.
20(2) To conduct record checks of applicants for employment
21with the department.
228. a. If a person employed by a facility, service, or
23program employer that is subject to this section is convicted
24of a crime or has a record of founded child or dependent
25adult abuse entered in the abuse registry after the person’s
26employment application date, the person shall inform the
27employer of such information within forty-eight hours of the
28criminal conviction or entry of the record of founded child or
29dependent adult abuse. The employer shall act to verify the
30information within seven calendar days of notification. If
31the information is verified, the requirements of subsections
322, 3, and 4 regarding employability and evaluations shall
33be applied by the employer to determine whether or not the
34person’s employment is continued. The employer may continue to
35employ the person pending the performance of an evaluation by
-154-1the department of human services record check evaluation system
2 to determine whether prohibition of the person’s employment
3is warranted. A person who is required by this subsection to
4inform the person’s employer of a conviction or entry of an
5abuse record and fails to do so within the required period
6commits a serious misdemeanor.
7b. If a facility, service, or program employer receives
8credible information, as determined by the employer, that a
9person employed by the employer has been convicted of a crime
10or a record of founded child or dependent adult abuse has been
11entered in the abuse registry after employment from a person
12other than the employee and the employee has not informed
13the employer of such information within the period required
14under paragraph “a”, the employer shall act to verify the
15credible information within seven calendar days of receipt of
16the credible information. If the information is verified, the
17requirements of subsections 2, 3, and 4 regarding employability
18and evaluations shall be applied to determine whether or not
19the person’s employment is continued.
20c. The employer may notify the county attorney for the
21county where the employer is located of any violation or
22failure by an employee to notify the employer of a criminal
23conviction or entry of an abuse record within the period
24required under paragraph “a”.
259. a. For the purposes of this subsection, unless the
26context otherwise requires:
27(1) “Certified nurse aide training program” means a program
28approved in accordance with the rules for such programs adopted
29by the department of health and human services for the training
30of persons seeking to be a certified nurse aide for employment
31in any of the facilities or programs this section applies to or
32in a hospital, as defined in section 135B.1.
33(2) “Student” means a person applying for, enrolled in, or
34returning to a certified nurse aide training program.
35b. (1) Prior to a student beginning or returning to a
-155-1certified nurse aide training program, the program shall do one
2of the following:
3(a) Request that the department of public safety perform
4a criminal history check and the department of human services
5 record check evaluation system perform child and dependent
6adult abuse record checks, in this state, of the student.
7(b) Access the single contact repository to perform the
8required record checks.
9(2) If a program accesses the single contact repository to
10perform the required record checks pursuant to subparagraph
11(1), the program may utilize a third-party vendor to perform a
12comprehensive preliminary background check to allow a person
13to provisionally participate in the clinical component of the
14certified nurse aide training program pending completion of the
15required record checks through the single contact repository
16and the evaluation by the department of human services record
17check evaluation system, as applicable, subject to all of the
18following:
19(a) If the comprehensive preliminary background check
20determines that the person being considered for provisional
21participation has been convicted of a crime but the crime does
22not constitute a felony as defined in section 701.7 and is not
23a crime specified pursuant to chapter 708, 708A, 709, 709A,
24710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
25or 726.28.
26(b) If the comprehensive preliminary background check
27determines the person being considered for provisional
28participation does not have a record of founded child abuse or
29dependent adult abuse or if an exception pursuant to subsection
304 is applicable to the person.
31(c) If the program has requested an evaluation in accordance
32with subsection 2, paragraph “a”, to determine whether the crime
33warrants prohibition of the person’s provisional participation.
34(d) The provisional participation under this subparagraph
35(2) may continue until such time as the required record checks
-156-1through the single contact repository and the evaluation by the
2department of human services record check evaluation system,
3as applicable, are completed.
4c. If a student has a criminal record or a record of
5founded child or dependent adult abuse, the student shall
6not be involved in a clinical education component of the
7certified nurse aide training program involving children or
8dependent adults unless an evaluation has been performed by the
9department of human services record check evaluation system.
10Upon request of the certified nurse aide training program, the
11department of human services record check evaluation system
12 shall perform an evaluation to determine whether the record
13warrants prohibition of the student’s involvement in a clinical
14education component of the certified nurse aide training
15program involving children or dependent adults. The evaluation
16shall be performed in accordance with the criteria specified in
17subsection 3, and the department of human services record check
18evaluation system shall report the results of the evaluation
19to the certified nurse aide training program. The department
20of human services record check evaluation system has final
21authority in determining whether prohibition of the student’s
22involvement in the clinical education component is warranted.
23d. (1) If a student’s clinical education component of the
24training program involves children or dependent adults but
25does not involve operation of a motor vehicle, and the student
26has been convicted of a crime listed in subparagraph (2), but
27does not have a record of founded child or dependent adult
28abuse, and the training program has requested an evaluation in
29accordance with paragraph “c” to determine whether the crime
30warrants prohibition of the student’s involvement in such
31clinical education component, the training program may allow
32the student’s participation in the component for not more than
33sixty days pending completion of the evaluation.
34(2) Subparagraph (1) applies to a crime that is a simple
35misdemeanor offense under section 123.47, and to a crime
-157-1that is a first offense of operating a motor vehicle while
2intoxicated under section 321J.2, subsection 1.
3e. (1) If a student is convicted of a crime or has a
4record of founded child or dependent adult abuse entered in the
5abuse registry after the record checks and any evaluation have
6been performed, the student shall inform the certified nurse
7aide training program of such information within forty-eight
8hours of the criminal conviction or entry of the record of
9founded child or dependent adult abuse. The program shall
10act to verify the information within seven calendar days of
11notification. If the information is verified, the requirements
12of paragraph “c” shall be applied by the program to determine
13whether or not the student’s involvement in a clinical
14education component may continue. The program may allow
15the student involvement to continue pending the performance
16of an evaluation by the department of human services record
17check evaluation system. A student who is required by this
18subparagraph to inform the program of a conviction or entry of
19an abuse record and fails to do so within the required period
20commits a serious misdemeanor.
21(2) If a program receives credible information, as
22determined by the program, that a student has been convicted
23of a crime or a record of founded child or dependent adult
24abuse has been entered in the abuse registry after the record
25checks and any evaluation have been performed, from a person
26other than the student and the student has not informed the
27program of such information within the period required under
28subparagraph (1), the program shall act to verify the credible
29information within seven calendar days of receipt of the
30credible information. If the information is verified, the
31requirements of paragraph “c” shall be applied to determine
32whether or not the student’s involvement in a clinical
33education component may continue.
34(3) The program may notify the county attorney for the
35county where the program is located of any violation or failure
-158-1by a student to notify the program of a criminal conviction
2or entry of an abuse record within the period required under
3subparagraph (1).
4f. If a certified nurse aide training program is conducted
5by a health care facility and a student of that program
6subsequently accepts and begins employment with the facility
7within thirty days of completing the program, the criminal
8history and abuse registry checks of the student performed
9pursuant to this subsection shall be deemed to fulfill the
10requirements for such checks prior to employment pursuant to
11subsection 1.
12 Sec. 200. Section 135D.2, subsections 3 and 13, Code 2023,
13are amended to read as follows:
143. “Department” means the department of public health and
15human services.
1613. “Iowa Medicaid enterprise program” means the centralized
17 medical assistance program infrastructure, based on a business
18enterprise model, and designed to foster collaboration among
19all program stakeholders by focusing on quality, integrity, and
20consistency as defined in section 249A.2.
21 Sec. 201. Section 135D.6, subsection 2, Code 2023, is
22amended to read as follows:
232. A single industry shall not be disproportionately
24represented as voting members of the board. The board shall
25include at least one member who is a consumer of health
26services and a majority of the voting members of the board
27shall be representative of participants in the Iowa health
28information network. The director of public health and human
29services or the director’s designee and the director of the
30Iowa Medicaid enterprise program or the director’s designee
31shall act as voting members of the board. The commissioner
32of insurance shall act as an ex officio, nonvoting member of
33the board. Individuals serving in an ex officio, nonvoting
34capacity shall not be included in the total number of
35individuals authorized as members of the board.
-159-1 Sec. 202. Section 135D.6, subsection 3, paragraph f, Code
22023, is amended to read as follows:
3f. Provide an annual budget and fiscal report for the Iowa
4health information network to the governor, the department of
5public health and human services, the department of management,
6the chairs and ranking members of the legislative government
7oversight standing committees, and the legislative services
8agency. The report shall also include information about the
9services provided through the network and information on the
10participant usage of the network.
11 Sec. 203. Section 135G.10, Code 2023, is amended to read as
12follows:
13135G.10 Rules.
141. The department of inspections and appeals and the
15department of health and human services shall collaborate
16in establishing standards for licensing of subacute care
17facilities to achieve all of the following objectives:
18a. Subacute mental health services are provided based on
19sound, proven clinical practice.
20b. Subacute mental health services are established in a
21manner that allows the services to be included in the federal
22medical assistance state plan.
232. It is the intent of the general assembly that subacute
24mental health services be included in the Medicaid state
25plan adopted for the implementation of the federal Patient
26Protection and Affordable Care Act, benchmark plan.
273. The department of inspections and appeals, in
28consultation with the department of health and human services
29and affected professional groups, shall adopt and enforce rules
30setting out the standards for a subacute care facility and the
31rights of the residents admitted to a subacute care facility.
32The department of inspections and appeals and the department
33of health and human services shall coordinate the adoption of
34rules and the enforcement of the rules in order to prevent
35duplication of effort by the departments and of requirements of
-160-1the licensee.
2 Sec. 204. Section 135G.11, subsection 2, Code 2023, is
3amended to read as follows:
42. Upon receipt of a complaint made in accordance with
5subsection 1, the department shall make a preliminary review
6of the complaint. Unless the department concludes that the
7complaint is intended to harass a subacute care facility or
8a licensee or is without reasonable basis, it shall within
9twenty working days of receipt of the complaint make or cause
10to be made an on-site inspection of the subacute care facility
11which is the subject of the complaint. The department of
12inspections and appeals may refer to the department of health
13and human services any complaint received by the department
14of inspections and appeals if the complaint applies to rules
15adopted by the department of health and human services. The
16complainant shall also be notified of the name, address, and
17telephone number of the designated protection and advocacy
18agency if the alleged violation involves a facility with one
19or more residents with a developmental disability or mental
20illness. In any case, the complainant shall be promptly
21informed of the result of any action taken by the department
22in the matter.
23 Sec. 205. Section 135H.4, Code 2023, is amended to read as
24follows:
25135H.4 Licensure.
26A person shall not establish, operate, or maintain a
27psychiatric medical institution for children unless the person
28obtains a license for the institution under this chapter and
29either holds a license under section 237.3, subsection 2,
30paragraph “a”, as a comprehensive residential facility for
31children or holds a license under section 125.13, if the
32facility provides substance abuse use disorder treatment.
33 Sec. 206. Section 135H.6, subsection 1, paragraph e, Code
342023, is amended to read as follows:
35e. The department of health and human services has submitted
-161-1written approval of the application based on the department
2of health and human services’ determination of need. The
3department of health and human services shall identify the
4location and number of children in the state who require the
5services of a psychiatric medical institution for children.
6Approval of an application shall be based upon the location
7of the proposed psychiatric institution relative to the need
8for services identified by the department of health and human
9services and an analysis of the applicant’s ability to provide
10services and support consistent with requirements under chapter
11232, particularly regarding community-based treatment. If
12the proposed psychiatric institution is not freestanding from
13a facility licensed under chapter 135B or 135C, approval
14under this paragraph shall not be given unless the department
15of health and human services certifies that the proposed
16psychiatric institution is capable of providing a resident with
17a living environment similar to the living environment provided
18by a licensee which is freestanding from a facility licensed
19under chapter 135B or 135C.
20 Sec. 207. Section 135H.6, subsections 2, 3, 4, and 5, Code
212023, are amended to read as follows:
222. The department of health and human services shall
23not give approval to an application which would cause the
24total number of beds licensed under this chapter for services
25reimbursed by the medical assistance program under chapter 249A
26to exceed four hundred thirty beds.
273. In addition to the beds authorized under subsection
282, the department of health and human services may establish
29not more than thirty beds licensed under this chapter at the
30state mental health institute at Independence. The beds shall
31be exempt from the certificate of need requirement under
32subsection 1, paragraph “d”.
334. The department of health and human services may give
34approval to conversion of beds approved under subsection 2,
35to beds which are specialized to provide substance abuse
-162-1 use disorder treatment. However, the total number of beds
2approved under subsection 2 and this subsection shall not
3exceed four hundred thirty. Conversion of beds under this
4subsection shall not require a revision of the certificate
5of need issued for the psychiatric institution making the
6conversion. Beds for children who do not reside in this state
7and whose service costs are not paid by public funds in this
8state are not subject to the limitations on the number of beds
9and certificate of need requirements otherwise applicable under
10this section.
115. A psychiatric institution licensed prior to July 1, 1999,
12may exceed the number of beds authorized under subsection 2
13if the excess beds are used to provide services funded from a
14source other than the medical assistance program under chapter
15249A. Notwithstanding subsection 1, paragraphs “d” and “e”,
16and subsection 2, the provision of services using those excess
17beds does not require a certificate of need or a review by the
18department of health and human services.
19 Sec. 208. Section 135H.7, Code 2023, is amended to read as
20follows:
21135H.7 Personnel.
221. A person shall not be allowed to provide services in a
23psychiatric institution if the person has a disease which is
24transmissible to other persons through required contact in the
25workplace, which presents a significant risk of infecting other
26persons, which presents a substantial possibility of harming
27other persons, or for which no reasonable accommodation can
28eliminate the risk of infecting other persons.
292. a. If a person is being considered for licensure under
30this chapter, or for employment involving direct responsibility
31for a child or with access to a child when the child is alone,
32by a licensed psychiatric institution, or if a person will
33reside in a facility utilized by a licensee, and if the person
34has been convicted of a crime or has a record of founded child
35abuse, the department of human services record check evaluation
-163-1system and the licensee, for an employee of the licensee, shall
2perform an evaluation to determine whether the crime or founded
3child abuse warrants prohibition of licensure, employment, or
4residence in the facility. The record check evaluation system
5of the department of health and human services shall conduct
6criminal and child abuse record checks in this state and may
7conduct these checks in other states. The evaluation shall
8be performed in accordance with procedures adopted for this
9purpose by the department of health and human services.
10b. If the department of human services record check
11evaluation system determines that a person has committed a
12crime or has a record of founded child abuse and is licensed,
13employed by a psychiatric institution licensed under this
14chapter, or resides in a licensed facility, the department
15 record check evaluation system shall notify the program
16that an evaluation will be conducted to determine whether
17prohibition of the person’s licensure, employment, or residence
18is warranted.
19c. In an evaluation, the department of human services
20 record check evaluation system and the licensee for an employee
21of the licensee shall consider the nature and seriousness of
22the crime or founded child abuse in relation to the position
23sought or held, the time elapsed since the commission of the
24crime or founded child abuse, the circumstances under which
25the crime or founded child abuse was committed, the degree of
26rehabilitation, the likelihood that the person will commit the
27crime or founded child abuse again, and the number of crimes
28or founded child abuses committed by the person involved.
29The department record check evaluation system may permit a
30person who is evaluated to be licensed, employed, or to reside,
31or to continue to be licensed, employed, or to reside in a
32licensed facility, if the person complies with the department’s
33 record check evaluation system’s conditions relating to the
34person’s licensure, employment, or residence, which may include
35completion of additional training. For an employee of a
-164-1licensee, these conditional requirements shall be developed
2with the licensee. The department of human services record
3check evaluation system has final authority in determining
4whether prohibition of the person’s licensure, employment,
5or residence is warranted and in developing any conditional
6requirements under this paragraph.
73. If the department of human services record check
8evaluation system determines that the person has committed a
9crime or has a record of founded child abuse which warrants
10prohibition of licensure, employment, or residence, the
11person shall not be licensed under this chapter to operate
12a psychiatric institution and shall not be employed by a
13psychiatric institution or reside in a facility licensed under
14this chapter.
154. In addition to the record checks required under
16subsection 2, the department of human services record check
17evaluation system may conduct dependent adult abuse record
18checks in this state and may conduct these checks in other
19states, on a random basis. The provisions of subsections 2 and
203, relative to an evaluation following a determination that a
21person has been convicted of a crime or has a record of founded
22child abuse, shall also apply to a random dependent adult abuse
23record check conducted under this subsection.
245. Beginning July 1, 1994, a A licensee shall inform all new
25applicants for employment of the possibility of the performance
26of a record check and shall obtain, from the applicant, a
27signed acknowledgment of the receipt of the information.
286. On or after July 1, 1994, a A licensee shall include the
29following inquiry in an application for employment:
30Do you have a record of founded child or dependent adult abuse
31or have you ever been convicted of a crime, in this state or any
32other state?
33 Sec. 209. Section 135H.10, Code 2023, is amended to read as
34follows:
35135H.10 Rules.
-165- 11. The department of inspections and appeals, in
2consultation with the department of health and human services
3and affected professional groups, shall adopt and enforce rules
4setting out the standards for a psychiatric medical institution
5for children and the rights of the residents admitted to
6a psychiatric institution. The department of inspections
7and appeals and the department of health and human services
8shall coordinate the adoption of rules and the enforcement of
9the rules in order to prevent duplication of effort by the
10departments and of requirements of the licensee.
112. This chapter shall not be construed as prohibiting the
12use of funds appropriated for foster care to provide payment
13to a psychiatric medical institution for children for the
14financial participation required of a child whose foster care
15placement is in a psychiatric medical institution for children.
16In accordance with established policies and procedures for
17foster care, the department of health and human services shall
18act to recover any such payment for financial participation,
19apply to be named payee for the child’s unearned income, and
20recommend parental liability for the costs of a court-ordered
21foster care placement in a psychiatric medical institution.
22 Sec. 210. Section 135H.12, subsection 1, Code 2023, is
23amended to read as follows:
241. Upon receipt of a complaint made in accordance with
25section 135H.11, the department shall make a preliminary review
26of the complaint. Unless the department concludes that the
27complaint is intended to harass a psychiatric institution or
28a licensee or is without reasonable basis, it shall within
29twenty working days of receipt of the complaint make or cause
30to be made an on-site inspection of the psychiatric institution
31which is the subject of the complaint. The department of
32inspections and appeals may refer to the department of health
33and human services any complaint received by the department
34if the complaint applies to rules adopted by the department
35of health and human services. The complainant shall also
-166-1be notified of the name, address, and telephone number of
2the designated protection and advocacy agency if the alleged
3violation involves a facility with one or more residents with
4developmental disabilities or mental illness. In any case, the
5complainant shall be promptly informed of the result of any
6action taken by the department in the matter.
7 Sec. 211. Section 135I.1, subsection 1, Code 2023, is
8amended to read as follows:
91. “Department” means the Iowa department of public health
10and human services.
11 Sec. 212. Section 135J.7, Code 2023, is amended to read as
12follows:
13135J.7 Rules.
14Except as otherwise provided in this chapter, the department
15shall adopt rules pursuant to chapter 17A necessary to
16implement this chapter, subject to approval of the state board
17of council on health and human services. Formulation of the
18rules shall include consultation with Iowa hospice organization
19representatives and other persons affected by this chapter.
20 Sec. 213. Section 135K.1, subsection 3, Code 2023, is
21amended to read as follows:
223. “Department” means the Iowa department of public health
23and human services.
24 Sec. 214. Section 135L.1, subsection 3, Code 2023, is
25amended to read as follows:
263. “Child-placing agency” means any agency, public,
27semipublic, or private, which represents itself as placing
28children, receiving children for placement, or actually
29engaging in placement of children and includes the department
30of health and human services.
31 Sec. 215. Section 135L.2, subsection 1, paragraph b,
32subparagraph (1), Code 2023, is amended to read as follows:
33(1) Information regarding the options described in the
34video including information regarding the agencies and programs
35available to provide assistance to the pregnant minor in
-167-1parenting a child; information relating to adoption including
2but not limited to information regarding child-placing
3agencies; and information regarding abortion including but not
4limited to the legal requirements relative to the performance
5of an abortion on a pregnant minor. The information provided
6shall include information explaining that if a pregnant
7minor decides to continue the pregnancy to term and to retain
8parental rights, the father of the child is liable for the
9support of the child and that if the pregnant minor seeks
10public assistance on behalf of the child, the pregnant minor
11shall, and if the pregnant minor is not otherwise eligible as
12a public assistance recipient, the pregnant minor may, seek
13the assistance of the child support recovery unit services in
14establishing the paternity of the child, and in seeking support
15payments for a reasonable amount of the costs associated with
16the pregnancy, medical support, and maintenance from the father
17of the child, or if the father is a minor, from the parents of
18the minor father. The information shall include a listing of
19the agencies and programs and the services available from each.
20 Sec. 216. Section 135L.2, subsection 2, paragraph a, Code
212023, is amended to read as follows:
22a. The video shall be available through the state and local
23offices of the Iowa department of public health, the department
24of health and human services, and the judicial branch and
25through the office of each licensed physician who performs
26abortions.
27 Sec. 217. Section 135L.3, subsection 3, paragraph m,
28subparagraph (4), Code 2023, is amended to read as follows:
29(4) The pregnant minor declares that the pregnant minor
30is a victim of child abuse pursuant to section 232.68, the
31person responsible for the care of the child is a parent of
32the child, and either the abuse has been reported pursuant to
33the procedures prescribed in chapter 232, subchapter III, part
342, or a parent of the child is named in a report of founded
35child abuse. The department of health and human services
-168-1shall maintain confidentiality under chapter 232 and shall not
2release any information in response to a request for public
3records, discovery procedures, subpoena, or any other means,
4unless the release of information is expressly authorized by
5the pregnant minor regarding the pregnant minor’s pregnancy and
6abortion, if the abortion is obtained. A person who knowingly
7violates the confidentiality provisions of this subparagraph is
8guilty of a serious misdemeanor.
9 Sec. 218. Section 135L.8, Code 2023, is amended to read as
10follows:
11135L.8 Adoption of rules — implementation and documents.
12The Iowa department of public health and human services
13 shall adopt rules to implement the notification procedures
14pursuant to this chapter including but not limited to rules
15regarding the documents necessary for notification of a parent
16or grandparent of a pregnant minor who is designated to receive
17notification under this chapter.
18 Sec. 219. Section 135M.2, subsection 4, Code 2023, is
19amended to read as follows:
204. “Department” means the Iowa department of public health
21and human services.
22 Sec. 220. Section 135O.1, subsection 1, Code 2023, is
23amended to read as follows:
241. “Boarding home” means a premises used by its owner
25or lessee for the purpose of letting rooms for rental to
26three or more persons not related within the third degree of
27consanguinity to the owner or lessee where supervision or
28assistance with activities of daily living is provided to such
29persons. A boarding home does not include a facility, home,
30or program otherwise subject to licensure or regulation by the
31department of health and human services, or the department of
32inspections and appeals, or department of public health.
33 Sec. 221. Section 135O.2, subsection 2, Code 2023, is
34amended to read as follows:
352. The department of inspections and appeals shall adopt
-169-1rules to administer this chapter in consultation with the
2departments of health and human services and public safety.
3 Sec. 222. Section 135O.3, subsection 2, paragraph a, Code
42023, is amended to read as follows:
5a. The interagency approach may involve a multidisciplinary
6team consisting of employees of the department of inspections
7and appeals, the department of health and human services, the
8state fire marshal, and the division of criminal investigation
9of the department of public safety, or other local, state, and
10federal agencies.
11 Sec. 223. Section 135O.3, subsection 4, Code 2023, is
12amended to read as follows:
134. If the department or a multidisciplinary team has
14probable cause to believe that a boarding home is in violation
15of this chapter or licensing or other regulatory requirements
16of the department of health and human services, or the
17 department of inspections and appeals, or department of public
18health, or that dependent adult abuse of any individual living
19in a boarding home has occurred, and upon producing proper
20identification, is denied entry to the boarding home or access
21to any individual living in the boarding home for the purpose
22of making an inspection or conducting an investigation, the
23department or multidisciplinary team may, with the assistance
24of the county attorney of the county in which the boarding home
25is located, apply to the district court for an order requiring
26the owner or lessee to permit entry to the boarding home and
27access to the individuals living in the boarding home.
28 Sec. 224. Section 136A.1, Code 2023, is amended to read as
29follows:
30136A.1 Purpose.
31To reduce and avoid adverse health conditions of inhabitants
32of the state, the Iowa department of public health shall
33initiate, conduct, and supervise screening and health care
34programs in order to detect and predict congenital or inherited
35disorders. The department shall assist in the translation and
-170-1integration of genetic and genomic advances into public health
2services to improve health outcomes throughout the life span of
3the inhabitants of the state.
4 Sec. 225. Section 136A.2, subsection 4, Code 2023, is
5amended to read as follows:
64. “Department” means the Iowa department of public health
7and human services.
8 Sec. 226. Section 136A.3, Code 2023, is amended to read as
9follows:
10136A.3 Establishment of center for congenital Congenital and
11inherited disorders — department duties.
12A center for congenital and inherited disorders is
13established within the department. The center department shall
14do all of the following:
151. Initiate, conduct, and supervise statewide screening
16programs for congenital and inherited disorders amenable to
17population screening.
182. Initiate, conduct, and supervise statewide health care
19programs to aid in the early detection, treatment, prevention,
20education, and provision of supportive care related to
21congenital and inherited disorders.
223. Develop specifications for and designate a central
23laboratory in which tests conducted pursuant to the screening
24programs provided for in subsection 1 will be performed.
254. Gather, evaluate, and maintain information related
26to causes, severity, prevention, and methods of treatment
27for congenital and inherited disorders in conjunction with
28a central registry, screening programs, genetic health care
29programs, and ongoing scientific investigations and surveys.
305. Perform surveillance and monitoring of congenital and
31inherited disorders to determine the occurrence and trends of
32the disorders, to conduct thorough and complete epidemiological
33surveys, to assist in the planning for and provision of
34services to children with congenital and inherited disorders
35and their families, and to identify environmental and genetic
-171-1risk factors for congenital and inherited disorders.
26. Provide information related to severity, causes,
3prevention, and methods of treatment for congenital and
4inherited disorders to the public, medical and scientific
5communities, and health science disciplines.
67. Implement public education programs, continuing
7education programs for health practitioners, and education
8programs for trainees of the health science disciplines related
9to genetics, congenital disorders, and inheritable disorders.
108. Participate in policy development to assure the
11appropriate use and confidentiality of genetic information and
12technologies to improve health and prevent disease.
139. Collaborate with state and local health agencies and
14other public and private organizations to provide education,
15intervention, and treatment for congenital and inherited
16disorders and to integrate genetics and genomics advances into
17public health activities and policies.
18 Sec. 227. Section 136A.3A, subsections 1 and 3, Code 2023,
19are amended to read as follows:
201. A congenital and inherited disorders advisory committee
21is established to assist the center for congenital and
22inherited disorders and the department in the development of
23programs that ensure the availability and access to quality
24genetic and genomic health care services for all Iowans.
253. The advisory committee shall assist the center for
26congenital and inherited disorders and the department in
27designating the conditions to be included in the newborn
28screening and in regularly evaluating the effectiveness and
29appropriateness of the newborn screening.
30 Sec. 228. Section 136A.4, Code 2023, is amended to read as
31follows:
32136A.4 Genetic health services.
33The center department may initiate, conduct, and supervise
34genetic health services for the inhabitants of the state,
35including the provision of regional genetic consultation
-172-1clinics, comprehensive neuromuscular health care outreach
2clinics, and other outreach services and clinics as established
3by rule.
4 Sec. 229. Section 136A.5B, subsection 1, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6In accordance with the duties prescribed in section 136A.3,
7the center for congenital and inherited disorders department
8 shall collaborate with state and local health agencies
9and other public and private organizations to develop and
10publish or approve and publish informational materials to
11educate and raise awareness of cytomegalovirus and congenital
12cytomegalovirus among women who may become pregnant, expectant
13parents, parents of infants, attending health care providers,
14and others, as appropriate. The materials shall include
15information regarding all of the following:
16 Sec. 230. Section 136A.5B, subsection 2, Code 2023, is
17amended to read as follows:
182. An attending health care provider shall provide to a
19pregnant woman during the first trimester of the pregnancy the
20informational materials published under this section. The
21center for congenital and inherited disorders department shall
22make the informational materials available to attending health
23care providers upon request.
24 Sec. 231. Section 136A.6, Code 2023, is amended to read as
25follows:
26136A.6 Central registry.
27The center for congenital and inherited disorders department
28 shall maintain a central registry, or shall establish an
29agreement with a designated contractor to maintain a central
30registry, to compile, evaluate, retain, and disseminate
31information on the occurrence, prevalence, causes, treatment,
32and prevention of congenital disorders. Congenital disorders
33shall be considered reportable conditions in accordance with
34rules adopted by the department and shall be abstracted and
35maintained by the registry.
-173-1 Sec. 232. Section 136A.7, Code 2023, is amended to read as
2follows:
3136A.7 Confidentiality.
4The center for congenital and inherited disorders and
5the department shall maintain the confidentiality of any
6identifying information collected, used, or maintained pursuant
7to this chapter in accordance with section 22.7, subsection 2.
8 Sec. 233. Section 136A.8, Code 2023, is amended to read as
9follows:
10136A.8 Rules.
11The center for congenital and inherited disorders, with
12assistance provided by the Iowa department of public health,
13 shall adopt rules pursuant to chapter 17A to administer this
14chapter.
15 Sec. 234. Section 136B.1, subsection 1, Code 2023, is
16amended to read as follows:
171. As used in this chapter, unless the context otherwise
18requires, “department” means the Iowa department of public
19 health and human services.
20 Sec. 235. Section 136C.1, subsections 2 and 3, Code 2023,
21are amended to read as follows:
222. “Department” means the Iowa department of public health
23and human services.
243. “Director” means the director of public health and human
25services or the director’s designee.
26 Sec. 236. Section 136C.3, subsection 2, Code 2023, is
27amended to read as follows:
282. Establish minimum training standards including
29continuing education requirements, and administer examinations
30and disciplinary procedures for operators of radiation machines
31and users of radioactive materials. A state of Iowa license
32to practice medicine, osteopathic medicine, chiropractic,
33podiatry, dentistry, dental hygiene, or veterinary medicine, or
34licensure as a physician assistant pursuant to chapter 148C, or
35certification by the dental board in dental radiography, or by
-174-1the board of podiatry in podiatric radiography, or enrollment
2in a program or course of study approved by the Iowa department
3of public health which includes the application of radiation to
4humans satisfies the minimum training standards for operation
5of radiation machines only.
6 Sec. 237. Section 136D.2, subsections 1 and 2, Code 2023,
7are amended to read as follows:
81. “Department” means the Iowa department of public health
9and human services.
102. “Director” means the director of public health and human
11services, or the director’s designee.
12 Sec. 238. Section 137.102, Code 2023, is amended to read as
13follows:
14137.102 Definitions.
15As used in this chapter unless the context otherwise
16requires:
171. “City board” means a city board of health in existence
18prior to July 1, 2010.
192. “City health department” refers to the personnel and
20property under the jurisdiction of a city board in existence
21prior to July 1, 2010.
223. “Council” means a city the council on health and human
23services.
244. “County board” means a county board of health.
255. “County health department” refers to the personnel and
26property under the jurisdiction of a county board.
276. “Director” means the director of public health and human
28services.
297. “District” means any two or more geographically
30contiguous counties.
318. “District board” means a board of health representing
32at least two geographically contiguous counties formed with
33approval of the state department in accordance with this
34chapter, or any district board of health in existence prior to
35July 1, 2010.
-175- 19. “District health department” refers to the personnel and
2property under the jurisdiction of a district board.
310. “Local board of health” means a city, county, or
4district board of health.
511. “Officers” means a local board of health chairperson,
6vice chairperson, and secretary, and other officers which may
7be named at the discretion of the local board of health.
812. “State board” means the state board of health.
913. 12. “State department” or “department” means the Iowa
10 department of public health and human services.
11 Sec. 239. Section 137.104, subsection 1, paragraph b,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
14Make and enforce such reasonable rules and regulations not
15inconsistent with law and the rules of the state board council
16 as may be necessary for the protection and improvement of the
17public health.
18 Sec. 240. Section 137.104, subsection 1, paragraph b,
19subparagraph (1), Code 2023, is amended to read as follows:
20(1) Rules of a city board shall become effective upon
21approval by the city council and publication in a newspaper
22having general circulation in the city.
23 Sec. 241. Section 137.104, subsection 2, paragraph d, Code
242023, is amended to read as follows:
25d. By written agreement with the city council of any city
26within its jurisdiction, enforce appropriate ordinances of the
27city relating to public health.
28 Sec. 242. Section 137.105, subsection 1, paragraphs a and f,
29Code 2023, are amended to read as follows:
30a. All members of a city board shall be appointed by the
31city council.
32f. A local board of health member shall serve without
33compensation, but may be reimbursed for necessary expenses in
34accordance with rules established by the state board council
35 or the applicable jurisdiction.
-176-1 Sec. 243. Section 137.107, Code 2023, is amended to read as
2follows:
3137.107 Request reviewed by state department.
4The state department shall review requests submitted
5pursuant to section 137.106. The state department, upon
6finding that all required elements are present, shall present
7findings to the state board council. The state board council
8 may approve the formation of a district board and if the
9formation is approved, shall notify the county boards from whom
10the request was received.
11 Sec. 244. Section 137.114, Code 2023, is amended to read as
12follows:
13137.114 Withdrawal from district.
14A county may withdraw from an existing district board upon
15submission of a request for withdrawal to and approval by
16the state department. The request shall include a plan to
17reform its county board or join a different district board,
18information specified in section 137.106, and approval of the
19request by the district board and, at the recommendation of
20the state department, the state board council. Any county
21choosing to withdraw from the district board shall commit to
22the continuity of services in its county by reestablishing
23its county board or joining a different district board. The
24remaining counties in the district shall submit an application
25including the information specified in section 137.106 to the
26state department for review as provided in section 137.107.
27 Sec. 245. Section 137.119, Code 2023, is amended to read as
28follows:
29137.119 Adoption of rules.
30The state board of health council shall adopt rules to
31implement this chapter. The department is vested with
32discretionary authority to interpret the provisions of this
33chapter.
34 Sec. 246. Section 137F.1, subsection 9, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-177- 1“Food establishment” means an operation that stores,
2prepares, packages, serves, vends, or otherwise provides
3food for human consumption and includes a food service
4operation in a salvage or distressed food operation, school,
5summer camp, residential service substance abuse treatment
6facility, halfway house substance abuse use disorder treatment
7facility, correctional facility operated by the department of
8corrections, or the state training school. “Food establishment”
9does not include the following:
10 Sec. 247. Section 138.1, subsections 4 and 5, Code 2023, are
11amended to read as follows:
124. “Department” means the Iowa department of public health
13and human services.
145. “Director” means the director of public health and human
15services or the director’s designee.
16 Sec. 248. Section 139A.2, Code 2023, is amended to read as
17follows:
18139A.2 Definitions.
19For purposes of this chapter, unless the context otherwise
20requires:
211. “Area quarantine” means prohibiting ingress and egress
22to and from a building or buildings, structure or structures,
23or other definable physical location, or portion thereof, to
24prevent or contain the spread of a suspected or confirmed
25quarantinable disease or to prevent or contain exposure to a
26suspected or known chemical, biological, radioactive, or other
27hazardous or toxic agent.
282. “Business” means and includes every trade, occupation,
29or profession.
303. “Care provider” means an individual who is trained
31and authorized by federal or state law to provide health
32care services or services of any kind in the course of the
33individual’s official duties, for compensation or in a
34voluntary capacity, who is a health care provider, emergency
35medical care provider as defined in section 147A.1, fire
-178-1fighter, or peace officer. “Care provider” also means an
2individual who renders emergency care or assistance in an
3emergency or due to an accident as described in section 613.17.
44. “Communicable disease” means any disease spread from
5person to person or animal to person.
65. “Contagious or infectious disease” means hepatitis in
7any form, meningococcal disease, AIDS or HIV as defined in
8section 141A.1, tuberculosis, and any other disease determined
9to be life-threatening to a person exposed to the disease as
10established by rules adopted by the department, based upon a
11determination by the state epidemiologist and in accordance
12with guidelines of the centers for disease control and
13prevention of the United States department of health and human
14services.
156. “Department” means the Iowa department of public health
16and human services.
177. “Designated officer” means a person who is designated by
18a department, agency, division, or service organization to act
19as an infection control liaison officer.
208. “Director” means the director of health and human
21services.
228. 9. “Exposure” means a specific eye, mouth, other mucous
23membrane, nonintact skin, or parenteral contact with blood or
24other potentially infectious bodily fluids.
259. 10. “Exposure-prone procedure” means a procedure
26performed by a health care provider which presents a recognized
27risk of percutaneous injury to the health care provider and
28if such an injury occurs, the health care provider’s blood
29is likely to contact a patient’s body cavity, subcutaneous
30tissues, or mucous membranes, or an exposure-prone procedure as
31defined by the centers for disease control and prevention of
32the United States department of health and human services.
3310. 11. “HBV” means hepatitis B virus.
3411. 12. “Health care facility” means a health care facility
35as defined in section 135C.1, an ambulatory surgical center,
-179-1or a clinic.
212. 13. “Health care provider” means a person licensed
3to practice medicine and surgery, osteopathic medicine
4and surgery, chiropractic, podiatry, nursing, dentistry,
5optometry, or as a physician assistant, dental hygienist, or
6acupuncturist.
713. 14. “HIV” means HIV as defined in section 141A.1.
814. 15. “Hospital” means hospital as defined in section
9135B.1.
1015. 16. “Isolation” means the separation of persons or
11animals presumably or actually infected with a communicable
12disease or who are disease carriers for the usual period of
13communicability of that disease in such places, marked by
14placards if necessary, and under such conditions as will
15prevent the direct or indirect conveyance of the infectious
16agent or contagion to susceptible persons.
1716. 17. “Local board” means the local board of health.
1817. 18. “Local department” means the local health
19department.
2018. 19. “Placard” means a warning sign to be erected and
21displayed on the periphery of a quarantine area, forbidding
22entry to or exit from the area.
2319. 20. “Public health disaster” means public health
24disaster as defined in section 135.140.
2520. 21. “Quarantinable disease” means any communicable
26disease designated by rule adopted by the department as
27requiring quarantine or isolation to prevent its spread.
2821. 22. “Quarantine” means the limitation of freedom
29of movement of persons or animals that have been exposed to
30a quarantinable disease within specified limits marked by
31placards for a period of time equal to the longest usual
32incubation period of the disease in such manner as to prevent
33the spread of a quarantinable disease which affects people.
3422. 23. “Reportable disease” means any disease designated
35by rule adopted by the department requiring its occurrence to
-180-1be reported to an appropriate authority.
223. 24. “Sexually transmitted disease or infection”
3means a disease or infection as identified by rules adopted
4by the department, based upon a determination by the state
5epidemiologist and in accordance with guidelines of the
6centers for disease control and prevention of the United States
7department of health and human services.
824. 25. “Significant exposure” means a situation in which
9there is a risk of contracting disease through exposure to
10a person’s infectious bodily fluids in a manner capable of
11transmitting an infectious agent as determined by the centers
12for disease control and prevention of the United States
13department of health and human services and adopted by rule of
14the department.
1525. 26. “Terminal cleaning” means cleaning procedures
16defined in the isolation guidelines issued by the centers for
17disease control and prevention of the United States department
18of health and human services.
19 Sec. 249. Section 139A.3, subsection 3, paragraph c, Code
202023, is amended to read as follows:
21c. Notwithstanding paragraph “b”, information contained in
22the report may be reported in public health records in a manner
23which prevents the identification of any person or business
24named in the report. If information contained in the report
25concerns a business, information disclosing the identity of
26the business may be released to the public when the state
27epidemiologist or the director of public health determines such
28a release of information necessary for the protection of the
29health of the public.
30 Sec. 250. Section 139A.8, subsection 3, Code 2023, is
31amended to read as follows:
323. Subject to the provision of subsection 4, the state board
33of council on health and human services may modify or delete
34any of the immunizations in subsection 2.
35 Sec. 251. Section 139A.8, subsection 4, paragraph b, Code
-181-12023, is amended to read as follows:
2b. The exemptions under this subsection do not apply in
3times of emergency or epidemic as determined by the state board
4of council on health and human services and as declared by the
5director of public health and human services.
6 Sec. 252. Section 139A.9, Code 2023, is amended to read as
7follows:
8139A.9 Forcible removal — isolation — quarantine.
9The forcible removal and isolation or quarantine of any
10infected person shall be accomplished according to the rules
11and regulations of the local board or the rules of the state
12board of council on health and human services.
13 Sec. 253. Section 141A.1, subsection 6, Code 2023, is
14amended to read as follows:
156. “Department” means the Iowa department of public health
16and human services.
17 Sec. 254. Section 141A.2, subsection 6, Code 2023, is
18amended to read as follows:
196. The department, with the approval of the state
20board of council on health and human services, may conduct
21epidemiological blinded and nonblinded studies to determine
22the incidence and prevalence of HIV infection. Initiation
23of any new epidemiological studies shall be contingent upon
24the receipt of funding sufficient to cover all the costs
25associated with the studies. The informed consent, reporting,
26and counseling requirements of this chapter shall not apply to
27blinded studies.
28 Sec. 255. Section 141A.4, subsection 1, paragraph c, Code
292023, is amended to read as follows:
30c. All persons having a history of injecting drug abuse use
31disorder.
32 Sec. 256. Section 141A.9, subsection 2, paragraph j, Code
332023, is amended to read as follows:
34j. To employees of state correctional institutions subject
35to the jurisdiction of the department of corrections, employees
-182-1of secure facilities for juveniles subject to the department
2of health and human services, and employees of city and county
3jails, if the employees have direct supervision over inmates of
4those facilities or institutions in the exercise of the duties
5prescribed pursuant to section 80.9B.
6 Sec. 257. Section 142.1, Code 2023, is amended to read as
7follows:
8142.1 Delivery of bodies.
9The body of every person dying in a public asylum, hospital,
10county care facility, penitentiary, or reformatory in this
11state, or found dead within the state, or which is to be buried
12at public expense in this state, except those buried under the
13provisions of chapter 144C or 249, and which is suitable for
14scientific purposes, shall be delivered to the medical college
15of the state university, or some osteopathic or chiropractic
16college or school located in this state, which has been
17approved under the law regulating the practice of osteopathic
18medicine or chiropractic; but no such body shall be delivered
19to any such college or school if the deceased person expressed
20a desire during the person’s last illness that the person’s
21body should be buried or cremated, nor if such is the desire
22of the person’s relatives. Such bodies shall be equitably
23distributed among said colleges and schools according to their
24needs for teaching anatomy in accordance with such rules as
25may be adopted by the Iowa department of public health and
26human services. The expense of transporting said bodies to
27such college or school shall be paid by the college or school
28receiving the same. If the deceased person has not expressed
29a desire during the person’s last illness that the person’s
30body should be buried or cremated and no person authorized to
31control the deceased person’s remains under section 144C.5
32requests the person’s body for burial or cremation, and if a
33friend objects to the use of the deceased person’s body for
34scientific purposes, said deceased person’s body shall be
35forthwith delivered to such friend for burial or cremation at
-183-1no expense to the state or county. Unless such friend provides
2for burial and burial expenses within five days, the body shall
3be used for scientific purposes under this chapter.
4 Sec. 258. Section 142.2, Code 2023, is amended to read as
5follows:
6142.2 Furnished to physicians.
7When there are more dead bodies available for use under
8section 142.1 than are desired by said colleges or schools, the
9same may be delivered to physicians in the state for scientific
10study under such rules as may be adopted by the Iowa department
11of public health and human services.
12 Sec. 259. Section 142.3, Code 2023, is amended to read as
13follows:
14142.3 Notification of department.
15Every county medical examiner, funeral director or embalmer,
16and the managing officer of every public asylum, hospital,
17county care facility, penitentiary, or reformatory, as soon
18as any dead body shall come into the person’s custody which
19may be used for scientific purposes as provided in sections
20142.1 and 142.2, shall at once notify the nearest relative
21or friend of the deceased, if known, and the Iowa department
22of public health and human services, and hold such body
23unburied for forty-eight hours. Upon receipt of notification,
24the department shall issue verbal or written instructions
25relative to the disposition to be made of said body. Complete
26jurisdiction over said bodies is vested exclusively in the Iowa
27 department of public health and human services. No autopsy or
28post mortem, except as are legally ordered by county medical
29examiners, shall be performed on any of said bodies prior to
30their delivery to the medical schools.
31 Sec. 260. Section 142.9, Code 2023, is amended to read as
32follows:
33142.9 Failure to deliver dead body.
34Any person having the custody of the dead body of any human
35being which is required to be delivered for scientific purposes
-184-1by this chapter, who shall fail to notify the Iowa department
2of public health and human services of the existence of such
3body, or fail to deliver the same in accordance with the
4instructions of the department, shall be guilty of a simple
5misdemeanor.
6 Sec. 261. Section 142A.2, Code 2023, is amended to read as
7follows:
8142A.2 Definitions.
9As used in this chapter, unless the context otherwise
10requires:
111. “Administrator” means the administrator of the division
12of tobacco use prevention and control.
132. 1. “Commission” means the commission on tobacco use
14prevention and control established in this chapter.
153. 2. “Community partnership” means a public agency or
16nonprofit organization implementing the tobacco use prevention
17and control initiative in a local area in accordance with this
18chapter.
194. 3. “Department” means the Iowa department of public
20 health and human services.
215. 4. “Director” means the director of public health and
22human services.
236. “Division” means the division of tobacco use prevention
24and control of the Iowa department of public health,
25established pursuant to this chapter.
267. 5. “Initiative” means the comprehensive tobacco use
27prevention and control initiative established in this chapter.
288. 6. “Manufacturer” means manufacturer as defined in
29section 453A.1.
309. 7. “Pregnant woman” means a female of any age who is
31pregnant.
3210. 8. “School-age youth” means a person attending school
33in kindergarten through grade twelve.
3411. 9. “Tobacco” means both cigarettes and tobacco products
35as defined in section 453A.1.
-185- 112. 10. “Youth” means a person who is five through
2twenty-four years of age.
3 Sec. 262. Section 142A.3, Code 2023, is amended to read as
4follows:
5142A.3 Tobacco use prevention and control — division —
6commission — created.
71. The department shall establish, as a separate and
8distinct division within the department, a division of tobacco
9use prevention and control. The division shall develop,
10implement, and administer the initiative established in this
11chapter and shall perform other duties as directed by this
12chapter or as assigned by the director of public health.
132. A commission on tobacco use prevention and control
14is established to develop policy, provide direction for
15the initiative, and perform all other duties related to
16the initiative and other tobacco use prevention and control
17activities as directed by this chapter or referred to the
18commission by the director of public health.
193. The membership of the commission shall include the
20following voting members who shall serve three-year, staggered
21terms:
22a. Members, at least one of whom is a member of a racial
23minority, to be appointed by the governor, subject to
24confirmation by the senate pursuant to sections 2.32 and 69.19,
25and consisting of the following:
26(1) Three members who are active with nonprofit health
27organizations that emphasize tobacco use prevention or who are
28active as health services providers, at the local level.
29(2) Three members who are active with health promotion
30activities at the local level in youth education, nonprofit
31services, or other activities relating to tobacco use
32prevention and control.
33b. Three voting members, to be selected by the participants
34in the annual statewide youth summit of the initiative’s youth
35program, who shall not be subject to section 69.16 or 69.16A.
-186-1However, the selection process shall provide for diversity
2among the members and at least one of the youth members shall
3be a female.
44. The commission shall also include the following ex
5officio, nonvoting members:
6a. Four members of the general assembly, with not more than
7one member from each chamber being from the same political
8party. The majority leader of the senate and the minority
9leader of the senate shall each appoint one of the senate
10members. The majority leader of the house of representatives
11and the minority leader of the house of representatives shall
12each appoint one of the house members.
13b. The presiding officer of the statewide youth executive
14body, selected by the delegates to the statewide youth summit.
155. In addition to the members of the commission, the
16following agencies, organizations, and persons shall each
17assign a single liaison to the commission to provide assistance
18to the commission in the discharge of the commission’s duties:
19a. The department of education.
20b. The drug policy coordinator.
21c. The department of justice, office of the attorney
22general.
23d. The department of human services.
246. Citizen members shall be reimbursed for actual and
25necessary expenses incurred in performance of their duties.
26Citizen members shall be paid a per diem as specified in
27section 7E.6. Legislative members are eligible for per diem
28and expenses as provided in section 2.10.
297. A member of the commission who is convicted of a crime
30relating to tobacco, alcohol, or controlled substances is
31subject to removal from the commission.
328. A vacancy on the commission other than for the youth
33members shall be filled in the same manner as the original
34appointment for the balance of the unexpired term. A youth
35member vacancy shall be filled by the presiding officer of the
-187-1statewide executive body as selected by the delegates to the
2statewide youth summit.
39. The commission shall elect a chairperson from among its
4voting members and may select other officers from among its
5voting members, as determined necessary by the commission.
6The commission shall meet regularly as determined by the
7commission, upon the call of the chairperson, or upon the call
8of a majority of the voting members.
910. The commission may designate an advisory council. The
10commission shall determine the membership and representation
11of the advisory council and members of the council shall serve
12at the pleasure of the commission. The advisory council may
13include representatives of health care provider groups, parent
14groups, antitobacco advocacy programs and organizations,
15research and evaluation experts, and youth organizers.
16 Sec. 263. Section 142A.4, Code 2023, is amended to read as
17follows:
18142A.4 Commission duties.
19The commission shall do all of the following:
201. Develop and implement the comprehensive tobacco use
21prevention and control initiative as provided in this chapter.
222. Provide a forum for the discussion, development, and
23recommendation of public policy alternatives in the field of
24tobacco use prevention and control.
253. Develop an educational component of the initiative.
26Educational efforts provided through the school system shall be
27developed in conjunction with the department of education.
284. Develop a plan for implementation of the initiative in
29accordance with the purpose and intent specified in section
30142A.1.
315. Provide for technical assistance, training, and other
32support under the initiative.
336. Take actions to develop and implement a statewide
34system for the initiative programs that are delivered through
35community partnerships.
-188- 17. Manage and coordinate the provision of funding and other
2moneys available to the initiative by combining all or portions
3of appropriations or other revenues as authorized by law.
48. Assist with the linkage of the initiative with child
5welfare and juvenile justice decategorization projects,
6education programming, early childhood Iowa areas, and other
7programs and services directed to youth at the state and
8community level.
99. a. Coordinate and respond to any requests from a
10community partnership relating to any of the following:
11(1) Removal of barriers to community partnership efforts.
12(2) Pooling and redirecting of existing federal, state, or
13other public or private funds available for purposes that are
14consistent with the initiative.
15(3) Seeking of federal waivers to assist community
16partnership efforts.
17b. In coordinating and responding to the requests, the
18commission shall work with state agencies, the governor, and
19the general assembly as necessary to address requests deemed
20appropriate by the commission.
2110. Adopt rules pursuant to chapter 17A as necessary for
22the designation, governance, and oversight of the initiative
23and the implementation of this chapter. The commission shall
24provide for community partnership and youth program input in
25the rules adoption process. The rules shall include but are
26not limited to all of the following:
27a. Performance indicators for initiative programs, community
28partnerships, and the services provided under the auspices of
29community partnerships. The performance indicators shall be
30developed with input from communities.
31b. Minimum standards to further the provision of equal
32access to services.
3311. Monitor and evaluate the effectiveness of performance
34measures utilized under the initiative.
3512. Submit a report to the governor and the general assembly
-189-1on a periodic basis, during the initial year of operation,
2and on an annual basis thereafter, regarding the initiative,
3including demonstrated progress based on performance
4indicators. The commission shall report more frequently if
5requested by the joint appropriations subcommittee that makes
6recommendations concerning the commission’s budget. Beginning
7July 1, 2005, the commission shall also perform a comprehensive
8review of the initiative and shall submit a report of its
9findings to the governor and the general assembly on or before
10December 15, 2005.
1113. Represented by the chairperson of the commission,
12annually appear before the joint appropriations subcommittee
13that makes recommendations concerning the commission’s budget
14to report on budget expenditures and division department
15 operations relative to the prior fiscal year and the current
16fiscal year.
1714. Advise the director in evaluating potential candidates
18for the position of administrator, consult with the director
19in the hiring of the administrator, and review and advise
20the director on the performance of the administrator in the
21discharge of the administrator’s duties.
2215. 14. Prioritize funding needs and the allocation of
23moneys appropriated and other resources available for the
24programs and activities of the initiative.
2516. 15. Review fiscal needs of the initiative and make
26recommendations to the director in the development of budget
27requests.
2817. 16. Solicit and accept any gift of money or property,
29including any grant of money, services, or property from the
30federal government, the state, a political subdivision, or
31a private source that is consistent with the goals of the
32initiative. The commission shall adopt rules prohibiting the
33acceptance of gifts from a manufacturer of tobacco products.
3418. 17. Advise and make recommendations to the governor,
35the general assembly, and the director, and the administrator,
-190-1relative to tobacco use, treatment, intervention, prevention,
2control, and education programs in the state.
319. 18. Evaluate the work of the division and the
4 department relating to the initiative. For this purpose, the
5commission shall have access to any relevant department records
6and documents, and other information reasonably obtainable by
7the department.
820. 19. Develop the structure for the statewide youth
9summit to be held annually.
1021. 20. Approve the content of any materials distributed
11by the youth program pursuant to section 142A.9, prior to
12distribution of the materials.
13 Sec. 264. Section 142A.5, Code 2023, is amended to read as
14follows:
15142A.5 Director and administrator Department duties.
161. The director department shall do all of the following:
17a. Establish and maintain the division of tobacco use
18prevention and control.
19b. Employ a separate division administrator, in accordance
20with the requirements of section 142A.4, subsection 14, in a
21full-time equivalent position whose sole responsibility and
22duty shall be the administration and oversight of the division.
23The division administrator shall report to and shall serve
24at the pleasure of the director. The administrator shall
25be exempt from the merit system provisions of chapter 8A,
26subchapter IV.
27c. 1. Coordinate all tobacco use prevention and control
28programs and activities under the purview of the department.
29d. 2. Receive and review budget recommendations from the
30commission. The director shall consider these recommendations
31in developing the budget request for the department.
322. The administrator shall do all of the following:
33a. 3. Implement the initiative, coordinate the activities
34of the commission and the initiative, and coordinate other
35tobacco use prevention and control activities as assigned by
-191-1the director.
2b. 4. Monitor and evaluate the effectiveness of performance
3measures.
4c. 5. Provide staff and administrative support to the
5commission.
6d. 6. Administer contracts entered into under this chapter.
7e. 7. Coordinate and cooperate with other tobacco use
8prevention and control programs within and outside of the
9state.
10f. 8. Provide necessary information to the commission
11to assist the commission in making its annual report to the
12joint appropriations subcommittee pursuant to section 142A.4,
13subsection 13, and in fulfilling other commission duties
14pursuant to section 142A.4.
15 Sec. 265. Section 142A.6, subsections 1 and 4, Code 2023,
16are amended to read as follows:
171. A comprehensive tobacco use prevention and control
18initiative is established. The division department shall
19implement the initiative as provided in this chapter.
204. The division department shall implement the initiative
21in a manner that ensures that youth are extensively involved
22in the decision making for the programs implemented under
23the initiative. The initiative shall also involve parents,
24schools, and community members in activities to achieve the
25results desired for the initiative. The division department
26 shall encourage collaboration at the state and local levels
27to maximize available resources and to provide flexibility to
28support community efforts.
29 Sec. 266. Section 142C.15, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. An anatomical gift public awareness and transplantation
32fund is created as a separate fund in the state treasury
33under the control of the Iowa department of public health and
34human services. The fund shall consist of moneys remitted
35by the county treasurer of a county or by the department of
-192-1transportation which were collected through the payment of a
2contribution made by an applicant for registration of a motor
3vehicle pursuant to section 321.44A and any other contributions
4to the fund.
52. The moneys collected under this section and deposited
6in the fund are appropriated to the Iowa department of public
7 health and human services for the purposes specified in
8this section. Moneys in the fund shall not be subject to
9appropriation or expenditure for any other purpose.
10 Sec. 267. Section 142C.15, subsection 4, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12The Iowa department of public health and human services may
13use not more than five percent of the moneys in the fund for
14administrative costs. The remaining moneys in the fund may
15be expended through grants to any of the following persons,
16subject to the following conditions:
17 Sec. 268. Section 142C.17, unnumbered paragraph 1, Code
182023, is amended to read as follows:
19The Iowa department of public health and human services, in
20conjunction with any statewide organ procurement organization
21in Iowa, shall prepare and submit a report to the general
22assembly on or before January 1 each year regarding organ
23donation rates and voluntary compliance efforts with hospital
24organ and tissue donation protocols by physicians, hospitals,
25and other health systems organizations. The report shall
26contain the following:
27 Sec. 269. Section 142C.18, subsection 1, Code 2023, is
28amended to read as follows:
291. The director department of public health and human
30services shall contract with and recognize the Iowa donor
31registry for the purpose of indicating on the donor registry
32all relevant information regarding a donor’s making or amending
33of an anatomical gift.
34 Sec. 270. Section 142D.2, Code 2023, is amended by adding
35the following new subsection:
-193-1 NEW SUBSECTION. 3A. “Department” means the department of
2health and human services.
3 Sec. 271. Section 142D.6, subsection 3, Code 2023, is
4amended to read as follows:
53. The owner, operator, manager, or other person having
6custody or control of a public place, place of employment,
7area declared a nonsmoking place pursuant to section 142D.5,
8or outdoor area where smoking is prohibited under this
9chapter shall clearly and conspicuously post in and at every
10entrance to the public place, place of employment, area
11declared a nonsmoking place pursuant to section 142D.5, or
12outdoor area, “no smoking” signs or the international “no
13smoking” symbol. Additionally, a “no smoking” sign or the
14international “no smoking” symbol shall be placed in every
15vehicle that constitutes a public place, place of employment,
16or area declared a nonsmoking place pursuant to section 142D.5
17under this chapter, visible from the exterior of the vehicle.
18All signs shall contain the telephone number for reporting
19complaints and the internet site of the department of public
20health. The owner, operator, manager, or other person having
21custody or control of the public place, place of employment,
22area declared a nonsmoking place pursuant to section 142D.5,
23or outdoor area may use the sample signs provided on the
24department of public health’s department’s internet site, or
25may use another sign if the contents of the sign comply with
26the requirements of this subsection.
27 Sec. 272. Section 142D.8, Code 2023, is amended to read as
28follows:
29142D.8 Enforcement.
301. This chapter shall be enforced by the department of
31public health or the department’s designee. The department of
32public health shall adopt rules to administer this chapter,
33including rules regarding enforcement. The department
34of public health shall provide information regarding the
35provisions of this chapter and related compliance issues to
-194-1employers, owners, operators, managers, and other persons
2having custody or control of a public place, place of
3employment, area declared a nonsmoking place pursuant to
4section 142D.5, or outdoor area where smoking is prohibited,
5and the general public via the department’s internet site. The
6internet site shall include sample signage and the telephone
7number for reporting complaints. Judicial magistrates shall
8hear and determine violations of this chapter.
92. If a public place is subject to any state or political
10subdivision inspection process or is under contract with the
11state or a political subdivision, the person performing the
12inspection shall assess compliance with the requirements of
13this chapter and shall report any violations to the department
14of public health or the department’s designee.
153. An owner, operator, manager, or other person having
16custody or control of a public place, place of employment, area
17declared a nonsmoking place pursuant to section 142D.5, or
18outdoor area regulated under this chapter shall inform persons
19violating this chapter of the provisions of this chapter.
204. An employee or private citizen may bring a legal action
21to enforce this chapter. Any person may register a complaint
22under this chapter by filing a complaint with the department of
23public health or the department’s designee.
245. In addition to the remedies provided in this section, the
25department of public health or the department’s designee or any
26other person aggrieved by the failure of the owner, operator,
27manager, or other person having custody or control of a public
28place, place of employment, area declared a nonsmoking place
29pursuant to section 142D.5, or outdoor area regulated by this
30chapter to comply with this chapter may seek injunctive relief
31to enforce this chapter.
32 Sec. 273. Section 142D.9, subsection 5, Code 2023, is
33amended to read as follows:
345. Violation of this chapter constitutes a public nuisance
35which may be abated by the department of public health or the
-195-1department’s designee by restraining order, preliminary or
2permanent injunction, or other means provided by law, and the
3entity abating the public nuisance may take action to recover
4the costs of such abatement.
5 Sec. 274. Section 144.1, Code 2023, is amended to read as
6follows:
7144.1 Definitions.
8As used in this chapter, unless the context otherwise
9requires:
101. “Board” means the state board of health.
112. “Book”, “list”, “record”, or “schedule” kept by a county
12auditor, assessor, treasurer, recorder, sheriff, or other
13county officer means the county system as defined in section
14445.1.
153. 1. “Court of competent jurisdiction” when used to refer
16to inspection of an original certificate of birth based upon an
17adoption means the court where the adoption was ordered.
184. 2. “Cremated remains” means all the remains of the
19cremated human body recovered after the completion of the
20cremation process, including pulverization which leaves only
21bone fragments reduced to unidentifiable dimensions, and may
22include the residue of any foreign matter including casket
23material, bridgework, or eyeglasses that were cremated with the
24human remains.
255. 3. “Cremation” means the technical process, using
26heat and flame, that reduces human remains to bone fragments,
27with the reduction taking place through heat and evaporation.
28Cremation shall include the processing, and may include the
29pulverization, of the bone fragments.
306. 4. “Dead body” means a lifeless human body or parts
31or bones of a body, if, from the state of the body, parts,
32or bones, it may reasonably be concluded that death recently
33occurred.
347. 5. “Department” means the Iowa department of public
35 health and human services.
-196- 18. “Division” means a division, within the department, for
2records and statistics.
39. 6. “Fetal death” means death prior to the complete
4expulsion or extraction from its mother of a product of human
5conception, irrespective of the duration of pregnancy. Death
6is indicated by the fact that after expulsion or extraction
7the fetus does not breathe or show any other evidence of life
8such as beating of the heart, pulsation of the umbilical cord,
9or definite movement of voluntary muscles. In determining a
10fetal death, heartbeats shall be distinguished from transient
11cardiac contractions, and respirations shall be distinguished
12from fleeting respiratory efforts or gasps.
1310. 7. “Filing” means the presentation of a certificate,
14report, or other record, provided for in this chapter, of a
15birth, death, fetal death, adoption, marriage, dissolution, or
16annulment for registration by the division department.
1711. 8. “Final disposition” means the burial, interment,
18cremation, removal from the state, or other disposition of a
19dead body or fetus.
2012. 9. “Institution” means any establishment, public
21or private, which provides inpatient medical, surgical,
22or diagnostic care or treatment, or nursing, custodial, or
23domiciliary care to two or more unrelated individuals, or to
24which persons are committed by law.
2513. 10. “Live birth” means the complete expulsion or
26extraction from its mother of a product of human conception,
27irrespective of the duration of pregnancy, which, after
28such expulsion or extraction, breathes or shows any other
29evidence of life such as beating of the heart, pulsation of
30the umbilical cord, or definite movement of voluntary muscles,
31whether or not the umbilical cord has been cut or the placenta
32is attached. In determining a live birth, heartbeats shall
33be distinguished from transient cardiac contractions, and
34respirations shall be distinguished from fleeting respiratory
35efforts or gasps.
-197- 111. “Record” kept by a county auditor, assessor, treasurer,
2recorder, sheriff, or other county officer means the county
3system as defined in section 445.1.
414. 12. “Registration” means the process by which vital
5statistic records are completed, filed, and incorporated by the
6division department in the division’s department’s official
7records.
815. 13. “State registrar” means the state registrar of
9vital statistics.
1016. 14. “System of vital statistics” includes the
11registration, collection, preservation, amendment, and
12certification of vital statistics records, and activities and
13records related thereto to the records including the data
14processing, analysis, and publication of statistical data
15derived from such records.
1617. 15. “Vital statistics” means records of births, deaths,
17fetal deaths, adoptions, marriages, dissolutions, annulments,
18and data related thereto to the records.
19 Sec. 275. Section 144.2, Code 2023, is amended to read as
20follows:
21144.2 Division of records Records and statistics.
22There is established in the The department a division for
23records and statistics which shall install, maintain, and
24operate the system of vital statistics throughout the state.
25No system for the registration of births, deaths, fetal deaths,
26adoptions, marriages, dissolutions, and annulments, shall be
27maintained in the state or any of its political subdivisions
28other than the one provided for in this chapter. Suitable
29quarters shall be provided for the division department
30 by the executive council at the seat of government. The
31quarters shall be properly equipped for the permanent and safe
32preservation of all official records made and returned under
33this chapter.
34 Sec. 276. Section 144.4, Code 2023, is amended to read as
35follows:
-198- 1144.4 Registrar State registrar.
2The director of public health or the director’s designee
3 shall be the state registrar of vital statistics and shall
4carry out the provisions of this chapter.
5 Sec. 277. Section 144.5, Code 2023, is amended to read as
6follows:
7144.5 Duties of state registrar.
8The state registrar shall do all of the following:
91. Administer and enforce this chapter and the rules issued
10under this chapter, and issue instructions for the efficient
11administration of the statewide system of vital statistics and
12the division for records and statistics.
132. Direct and supervise the statewide system of vital
14statistics and the division for records and statistics and be
15custodian of its records.
163. Direct, supervise, and control the activities of clerks
17of the district court and county recorders related to the
18operation of the vital statistics system and provide registrars
19with necessary postage.
204. Prescribe, print, and distribute the forms required by
21this chapter and prescribe any other means for transmission of
22data, as necessary to accomplish complete, accurate reporting.
235. Prepare and publish annual reports of vital statistics of
24this state and other reports as may be required.
256. Delegate functions and duties vested in the state
26registrar to officers, to employees of the department, to the
27clerks of the district court, and to the county registrars as
28the state registrar deems necessary or expedient.
297. Provide, by rules, for appropriate morbidity reporting.
30 Sec. 278. Section 144.12A, subsection 4, Code 2023, is
31amended to read as follows:
324. The department shall, upon request, provide the name,
33address, social security number, and any other identifying
34information of a registrant to the biological mother of
35the child; a court; the department of human services; the
-199-1attorney of any party to an adoption, termination of parental
2rights, or establishment of paternity or support action; or
3to the child support recovery unit services for an action to
4establish paternity or support; or any other subunit of the
5department subject to prior approval by the state registrar.
6The information shall not be divulged to any other person and
7shall be considered a confidential record as to any other
8person, except upon order of the court for good cause shown.
9If the registry has not received a declaration of paternity,
10the department shall provide a written statement to that effect
11to the person making the inquiry.
12 Sec. 279. Section 144.13, subsection 4, Code 2023, is
13amended to read as follows:
144. The division state registrar shall make all of the
15following available to the child support recovery unit
16 services, upon request:
17a. A copy of a child’s birth certificate.
18b. The social security numbers of the mother and the father.
19c. A copy of the affidavit of paternity if filed pursuant
20to section 252A.3A and any subsequent rescission form which
21rescinds the affidavit.
22d. Information, other than information for medical and
23health use only, identified on a child’s birth certificate or
24on an affidavit of paternity filed pursuant to section 252A.3A.
25The information may be provided as mutually agreed upon by the
26division state registrar and the child support recovery unit
27 services, including by automated exchange.
28 Sec. 280. Section 144.13A, subsection 5, paragraph a, Code
292023, is amended to read as follows:
30a. Ten dollars of each registration fee is appropriated and
31shall be used for primary and secondary child abuse prevention
32programs pursuant to section 235A.1, and ten dollars of each
33registration fee is appropriated and shall be used for the
34center for congenital and inherited disorders central registry
35established pursuant to section 136A.6. Notwithstanding
-200-1section 8.33, moneys appropriated in this paragraph that remain
2unencumbered or unobligated at the close of the fiscal year
3shall not revert but shall remain available for expenditure
4for the purposes designated until the close of the succeeding
5fiscal year, and shall not be transferred, used, obligated,
6appropriated, or otherwise encumbered except as provided in
7this paragraph.
8 Sec. 281. Section 144.26, Code 2023, is amended to read as
9follows:
10144.26 Death certificate.
111. a. A death certificate for each death which occurs
12in this state shall be filed as directed by the state
13registrar within three days after the death and prior to final
14disposition, and shall be registered by the county registrar
15if it has been completed and filed in accordance with this
16chapter. A death certificate shall include the social security
17number, if provided, of the deceased person. All information
18including the certifying physician’s, physician assistant’s,
19or advanced registered nurse practitioner’s name shall be
20typewritten.
21b. A physician assistant or an advanced registered nurse
22practitioner authorized to sign a death certificate shall be
23licensed in this state and shall have been in charge of the
24deceased patient’s care.
252. All information included on a death certificate may
26be provided as mutually agreed upon by the division state
27registrar and the child support recovery unit services,
28including by automated exchange.
293. a. The county in which a dead body is found is the
30county of death. If death occurs in a moving conveyance,
31the county in which the dead body is first removed from the
32conveyance is the county of death.
33b. If a decedent died outside of the county of the
34decedent’s residence, the state registrar shall send a copy
35of the decedent’s death certificate and any amendments to the
-201-1county registrar of the county of the decedent’s residence.
2The county registrar shall record a death certificate received
3pursuant to this paragraph in the same records in which the
4death certificate of a decedent who died within the county
5is recorded. The state registrar may provide the county
6registrars with electronic access to vital records in lieu of
7the requirements of this paragraph.
84. a. The department shall establish by rule procedures
9for making a finding of presumption of death when no body
10can be found. The department shall also provide by rule
11the responsibility for completing and signing the medical
12certification of cause of death in such circumstances. The
13presumptive death certificate shall be in a form prescribed by
14the state registrar and filed in the county where the death was
15presumed to occur.
16b. The division department shall provide for the correction,
17substitution, or removal of a presumptive death certificate
18when the body of the person is later found, additional facts
19are discovered, or the person is discovered to be alive.
205. Upon the activation of an electronic death record system,
21each person with a duty related to death certificates shall
22participate in the electronic death record system. A person
23with a duty related to a death certificate includes but is not
24limited to a physician as defined in section 135.1, a physician
25assistant, an advanced registered nurse practitioner, a funeral
26director, and a county recorder.
27 Sec. 282. Section 144.29A, subsection 1, paragraph c, Code
282023, is amended to read as follows:
29c. The maternal health services region of the Iowa
30 department of public health and human services, as designated
31as of July 1, 1997, in which the patient resides.
32 Sec. 283. Section 144.36, subsection 1, Code 2023, is
33amended to read as follows:
341. A certificate recording each marriage performed in
35this state shall be filed with the state registrar. The
-202-1county registrar shall prepare the certificate on the form
2furnished by the state registrar upon the basis of information
3obtained from the parties to be married, who shall attest to
4the information by their signatures. The county registrar in
5each county shall keep a record book for marriages of marriage
6certificates as required by the state registrar. The form of
7marriage record books shall be uniform throughout the state. A
8properly indexed permanent record of marriage certificates upon
9microfilm, electronic computer, or data processing equipment
10may be kept in lieu of marriage record books.
11 Sec. 284. Section 144.37, Code 2023, is amended to read as
12follows:
13144.37 Dissolution and annulment records.
141. For each dissolution or annulment of marriage granted
15by any court in this state, a record shall be prepared by
16the clerk of court or by the petitioner or the petitioner’s
17legal representative if directed by the clerk and filed by
18the clerk of court with the state registrar. The information
19necessary to prepare the report record shall be furnished with
20the petition, to the clerk of court by the petitioner or the
21petitioner’s legal representative, on forms supplied by the
22state registrar.
232. The clerk of the district court in each county shall
24keep a record book for maintain the records of dissolutions and
25annulments of marriage as required by the state registrar. The
26form of dissolution record books shall be uniform throughout
27the state. A properly indexed record of dissolutions upon
28microfilm, electronic computer, or data processing equipment
29may be kept in lieu of dissolution record books.
303. On or before the tenth day of each calendar month, the
31clerk of court shall forward to the state registrar the record
32of each dissolution and annulment granted during the preceding
33calendar month and related reports required by regulations
34issued under this chapter.
35 Sec. 285. Section 144.43, subsection 3, paragraph b, Code
-203-12023, is amended to read as follows:
2b. The following vital statistics records in the custody
3of the state archivist may be inspected and copied as of right
4under chapter 22:
5(1) A record of birth that if the record is at least
6seventy-five years old or upon proof of entitlement to the
7record.
8(2) A record of marriage that if the record is at least
9seventy-five years old or upon proof of entitlement to the
10record.
11(3) A record of divorce, dissolution of marriage,
12or annulment of marriage that if the record is at least
13seventy-five years old or upon proof of entitlement to the
14record.
15(4) A record of death or fetal death, either of which if the
16record is at least fifty years old or upon proof of entitlement
17to the record.
18 Sec. 286. Section 144A.2, subsection 5, Code 2023, is
19amended to read as follows:
205. “Department” means the Iowa department of public health
21and human services.
22 Sec. 287. Section 144D.1, subsection 2, Code 2023, is
23amended to read as follows:
242. “Department” means the department of public health and
25human services.
26 Sec. 288. Section 146A.1, subsection 1, paragraph d,
27subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
28to read as follows:
29That the woman has been provided information regarding all
30of the following, based upon the materials developed by the
31department of public health and human services pursuant to
32subparagraph (2):
33 Sec. 289. Section 146A.1, subsection 1, paragraph d,
34subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
35to read as follows:
-204- 1The department of public health and human services shall
2make available to physicians, upon request, all of the
3following information:
4 Sec. 290. Section 146B.1, subsection 3, Code 2023, is
5amended to read as follows:
63. “Department” means the department of public health and
7human services.
8 Sec. 291. Section 147.1, subsection 2, Code 2023, is amended
9to read as follows:
102. “Department” means the department of public health and
11human services.
12 Sec. 292. Section 147.77, Code 2023, is amended to read as
13follows:
14147.77 Powers, privileges, rights, or duties provided by rule
15— applicability to physician assistants.
161. The following agencies that adopt rules pursuant to
17chapter 17A providing a power, privilege, right, or duty to
18a physician licensed under chapter 148 or other profession
19licensed under this subtitle relating to the following subjects
20shall, consistent with the scope of practice of physician
21assistants licensed under chapter 148C, and unless otherwise
22inconsistent with state or federal law, provide the same power,
23privilege, right, or duty by rule to a physician assistant
24licensed under chapter 148C:
25a. The department of administrative services, with respect
26to rules relating to the following:
27(1) Retroactive conversion of vacation time to sick leave
28for vacation time spent under the care of a physician.
29(2) Certification of a catastrophic illness by a physician
30for purposes of donation of leave and second medical
31opinions and updates sought from a physician relating to such
32certifications.
33b. The department on aging, with respect to rules relating
34to a written order from a physician for an older individual
35requesting a therapeutic diet, and the interpretation of such
-205-1orders.
2c. b. The department of corrections, with respect to rules
3relating to the following:
4(1) That a parolee shall not use, purchase, possess, or
5transfer any drugs unless prescribed by a physician.
6(2) That a serious medical need is one that has been
7diagnosed by a physician as requiring treatment or is one so
8obvious that a lay person would easily recognize the necessity
9for a physician’s attention.
10(3) That each jail shall have a designated licensed
11physician, licensed osteopathic physician, or medical resource
12designated for the medical supervision, care, and treatment of
13prisoners as deemed necessary and appropriate.
14(4) That prescription medication, as ordered by a licensed
15physician, licensed osteopathic physician, or licensed dentist
16shall be provided in accordance with the directions of the
17prescribing physician or dentist. Prisoners with medication
18from a personal physician, osteopathic physician, or dentist
19may be evaluated by a physician, osteopathic physician, or
20dentist selected by the jail administrator to determine if the
21present medication is appropriate.
22(5) That expired drugs or drugs not in unit dose packaging,
23whose administration had been discontinued by the attending
24physician, shall be destroyed by the jail administrator or
25designee in the presence of a witness.
26(6) That special diets in jails prescribed by a physician
27shall be followed and documented, that the physician who
28prescribes the special diet shall specify a date on which the
29diet will be reviewed for renewal or discontinuation, and that
30unless specified by the prescribing physician, a certified
31dietitian shall develop the menu.
32(7) That special diets prescribed by a physician for the
33care and treatment of juveniles in nonsecure hold shall be
34followed and documented.
35(8) For medical services in temporary holding facilities,
-206-1that a serious medical need is one that has been diagnosed by
2a physician as requiring treatment or one that is so obvious
3that a lay person would easily recognize the necessity for a
4physician’s attention.
5(9) For medical resources in temporary holding facilities,
6that each facility shall have a designated licensed physician,
7licensed osteopathic physician, or medical resource designated
8for the medical supervision, care, and treatment of detainees
9as deemed necessary and appropriate.
10(10) Medication procedures in temporary holding facilities,
11that prescription medication, as ordered by a licensed
12physician, licensed osteopathic physician, or licensed dentist
13shall be provided in accordance with the directions of the
14prescribing physician or dentist. Detainees with medication
15from a personal physician, osteopathic physician, or dentist
16may be evaluated by a physician, osteopathic physician, or
17dentist selected by the facility administrator to determine if
18the present medication is appropriate.
19(11) For medication storage in temporary holding
20facilities, that expired drugs or drugs not in unit dose
21packaging, whose administration had been discontinued by
22the attending physician, shall be destroyed by the facility
23administrator or designee in the presence of a witness.
24(12) For medical diets in temporary holding facilities,
25that special diets as prescribed by a physician shall be
26followed and documented.
27(13) For medical care and treatment for juveniles in
28nonsecure holds in temporary holding facilities, that special
29diets as prescribed by a physician shall be followed and
30documented.
31d. c. The economic development authority, with respect
32to rules relating to the certification of a person with a
33disability for the purpose of the targeted small business
34program, that in order to be considered a person with a
35disability for the purpose of the targeted small business
-207-1program, the person must qualify and receive certification
2as having a disability from a licensed medical physician or
3must have been found eligible for vocational rehabilitation
4services by the department of education, division of vocational
5rehabilitation services, or by the department for the blind.
6e. d. The department of education, with respect to rules
7relating to the following:
8(1) For statements relating to medication administration
9policies, that a statement that persons administering
10medication shall include authorized practitioners, such as
11licensed registered nurses and physicians, and persons to whom
12authorized practitioners have delegated the administration
13of prescription and nonprescription drugs. Individuals
14shall self-administer asthma or other airway constricting
15disease medication or possess and have use of an epinephrine
16auto-injector with parent and physician consent on file,
17without the necessity of demonstrating competency to
18self-administer these medications.
19(2) For medication administration courses relating
20to medication administration policies, that a medication
21administration course be conducted by a registered nurse
22or licensed pharmacist and include an annual medication
23administration procedural skills check completed with a
24registered nurse or pharmacist.
25(3) For school-based youth services programs, that
26preventive and primary health care services shall be delivered
27by specifically credentialed providers as specified.
28f. e. The department of health and human services, with
29respect to rules relating to the following:
30(1) That an incident for purposes of accreditation
31of providers of services to persons with mental illness,
32intellectual disabilities, or developmental disabilities
33includes but is not limited to an occurrence involving the
34individual using the service that results in a physical injury
35to or by the individual that requires a physician’s treatment
-208-1or admission to a hospital.
2(2) That a mental health professional, for purposes
3of accreditation of providers of services to persons with
4mental illness, intellectual disabilities, or developmental
5disabilities, includes a medical professional licensed in this
6state, provided that the professional otherwise meets all of
7the conditions to qualify as a mental health professional.
8(3) That home health aide services for purposes of
9disability services management and regional services may
10include medications specifically ordered by a physician.
11(4) That payment relating to the state supplementary
12assistance program for residential care shall only be made when
13there is on file an order written by a physician certifying
14that the applicant or recipient being admitted requires
15residential care but does not require nursing services.
16(5) That a case folder for a facility participating in
17the state supplementary assistance program must include a
18physician’s statement certifying that a resident does not
19require nursing services.
20(6) That personnel providing psychological evaluations
21and counseling or psychotherapy services for area education
22agencies under the medical assistance program include specified
23professions endorsed, licensed, or registered in this state,
24provided that the professional otherwise meets all of the
25conditions to qualify as a mental health professional.
26(7) That personnel providing psychological evaluations and
27counseling or psychotherapy services for providers of infant
28and toddler program services under the medical assistance
29program include specified professions endorsed, licensed,
30or registered in this state, provided that the professional
31otherwise meets all of the conditions to qualify as a mental
32health professional.
33(8) That personnel providing other services for providers
34of infant and toddler program services under the medical
35assistance program include specified professions recognized,
-209-1endorsed, or licensed in this state, provided that the
2professional otherwise meets all of the conditions to qualify
3as a mental health professional.
4(9) That personnel providing psychological evaluations
5and counseling or psychotherapy services for providers of
6local education agency services under the medical assistance
7program include specified professions endorsed, licensed,
8or registered in this state, provided that the professional
9otherwise meets all of the conditions to qualify as a mental
10health professional.
11(10) That personnel providing other services for providers
12of local education agency services under the medical assistance
13program include specified professions recognized, endorsed,
14or licensed in this state, provided that the professional
15otherwise meets all of the conditions to qualify as a mental
16health professional.
17(11) For payment for medically necessary home health agency
18services under the medical assistance program, that payment
19shall be approved for medically necessary home health agency
20services prescribed by a physician in a plan of home health
21care provided by a Medicare-certified home health agency.
22(12) For authorization for medically necessary home health
23agency services under the medical assistance program, that
24services shall be authorized by a physician, evidenced by the
25physician’s signature and date on a plan of treatment.
26(13) For treatment plans of home health agencies under the
27medical assistance program, that a member’s medical condition
28shall be reflected by the date last seen by a physician, if
29available.
30(14) For items included in treatment plans of home health
31agencies under the medical assistance program, that a plan of
32care shall include a physician’s signature and date and that
33the plan of care must be signed and dated by the physician
34before the claim for service is submitted for reimbursement.
35(15) For skilled nursing services provided by a home health
-210-1agency under the medical assistance program, that medical
2documentation shall be submitted justifying the need for
3continued visits, including the physician’s estimate of the
4length of time that additional visits will be necessary, and
5that daily skilled nursing visits or multiple daily visits for
6wound care or insulin injections shall be covered when ordered
7by a physician and included in the plan of care.
8(16) For physical therapy services provided by a home health
9agency under the medical assistance program, that payment shall
10be made for physical therapy services when the services follow
11a treatment plan established by the physician after any needed
12consultation with the qualified physical therapist.
13(17) For occupational therapy services provided by a
14home health agency under the medical assistance program,
15that payment shall be made for occupational therapy services
16when the services follow a treatment plan established by the
17physician.
18(18) For speech therapy services provided by a home health
19agency under the medical assistance program, that payment shall
20be made for speech therapy services when the services follow a
21treatment plan established by the physician.
22(19) For home health aide services provided by a home health
23agency under the medical assistance program, that the service
24as well as the frequency and duration are stated in a written
25plan of treatment established by a physician.
26(20) For home health aide services provided by a home health
27agency under the medical assistance program, that services
28provided for specified durations when ordered by a physician
29and included in a plan of care shall be allowed as intermittent
30services.
31(21) For home health aide services provided by a home health
32agency under the medical assistance program, that personal
33care services include helping the member take medications
34specifically ordered by a physician.
35(22) For private duty nursing or personal care services for
-211-1persons aged twenty and under, under the medical assistance
2program, that private duty nursing services are those services
3which are provided by a registered nurse or a licensed
4practical nurse under the direction of the member’s physician
5to a member in the member’s place of residence or outside the
6member’s residence, when normal life activities take the member
7outside the place of residence.
8(23) For private duty nursing or personal care services for
9persons aged twenty and under, under the medical assistance
10program, that services shall be provided according to a written
11plan of care authorized by a licensed physician.
12(24) For private duty nursing or personal care services for
13persons aged twenty and under, under the medical assistance
14program, that personal care services are those services
15provided by a home health aide or certified nurse’s aide and
16which are delegated and supervised by a registered nurse under
17the direction of the member’s physician to a member in the
18member’s place of residence or outside the member’s residence,
19when normal life activities take the member outside the place
20of residence, and that these services shall be in accordance
21with the member’s plan of care and authorized by a physician.
22(25) For requirements for private duty nursing or personal
23care services for persons aged twenty and under, under the
24medical assistance program, that private duty nursing or
25personal care services shall be ordered in writing by a
26physician as evidenced by the physician’s signature on the plan
27of care.
28(26) For obtaining prescription medications for children in
29juvenile detention and shelter care homes, that prescription
30medication provided to residents shall be dispensed only from a
31licensed pharmacy in this state in accordance with state law,
32from a licensed pharmacy in another state according to the laws
33of that state, or by a licensed physician.
34(27) For health and dental programs provided by agencies
35providing foster care services, that a child’s physical
-212-1examination shall be performed by a licensed physician or
2licensed nurse practitioner.
3(28) For health and dental programs provided by agencies
4providing foster care services, that if documentation of prior
5immunization is unavailable, immunizations required by the
6department of public health shall begin within thirty days of
7placement, unless contraindicated and unless a statement from
8a physician to that effect is included in the child’s medical
9record, and that a statement from a physician, referring
10agency, parent, or guardian indicating immunizations are
11current is sufficient documentation of immunizations.
12(29) For the dispensing, storage, authorization, and
13recording of medications in child care centers, that all
14medications shall be stored in their original containers, with
15accompanying physician or pharmacist’s directions and label
16intact and stored so they are inaccessible to children and the
17public.
18(30) For an infants’ area in a child care center, that
19upon the recommendation of a child’s physician or the area
20education agency serving the child, a child who is two years
21of age or older with a disability that results in significant
22developmental delays in physical and cognitive functioning who
23does not pose a threat to the safety of the infants may, if
24appropriate and for a limited time approved by the department,
25remain in the infant area.
26(31) For facility requirements for a child development
27home, that the telephone number for each child’s physician
28shall be written on paper and readily accessible by the
29telephone.
30(32) For medications and hazardous materials in a child
31development home, that medications shall be given only with
32the parent’s or doctor’s written authorization, and that each
33prescribed medication shall be accompanied by a physician’s or
34pharmacist’s direction.
35(33) For medical reports regarding the health of a family
-213-1in a family life home, that a medical report shall provide
2significant findings of a physician, such as the presence or
3absence of any communicable disease.
4(34) For medical reexaminations of a family in a family
5life home, that medical reexaminations may be required at the
6discretion of a physician.
7(35) For medical examinations of a client in a family life
8home, that a physician shall certify that the client is free
9from any communicable disease and does not require a higher
10level of care than that provided by a family life home.
11(36) For the records of a client in a family life home,
12that the family shall have available at all times, the name,
13address, and telephone number of the client’s physician.
14(37) For the facility requirements for a child care home,
15that the telephone number for each child’s physician shall be
16written on paper and readily accessible by the telephone.
17(38) For the administration of medications at a child care
18home, that medications shall be given only with the parent’s or
19doctor’s written authorization and each prescribed medication
20shall be accompanied by a physician’s or pharmacist’s
21direction.
22(39) For payments for foster care, that an intellectual
23disabilities professional includes specified professions,
24provided that the professional otherwise meets all of
25the conditions to qualify as an intellectual disabilities
26professional.
27(40) For payments for foster care, that a mental health
28professional includes specified professions, provided that the
29professional otherwise meets all of the conditions to qualify
30as a mental health professional.
31(41) For the subsidized adoption program, that a qualified
32intellectual disability professional includes specified
33professions, provided that the professional otherwise meets
34all of the conditions to qualify as a qualified intellectual
35disability professional.
-214- 1(42) For the subsidized adoption program, that a qualified
2mental health professional includes specified professions,
3provided that the professional otherwise meets all of
4the conditions to qualify as a qualified mental health
5professional.
6(43) For the information provided to a foster care provider
7by a department worker at the time of placement, that the
8information shall include the names, addresses, and telephone
9numbers of the child’s physician and dentist.
10(44) A written order from a physician for an older
11individual requesting a therapeutic diet, and the
12interpretation of such orders.
13(45) That “impaired glucose tolerance”, for purposes of
14outpatient diabetes education programs, means a condition in
15which blood glucose levels are higher than normal, diagnosed by
16a physician, and treated with a food plan, exercise, or weight
17control.
18(46) For instructors for programs not recognized by the
19American diabetes association or accredited by the American
20association of diabetes educators, that the primary instructors
21shall be one or more of specified health care professionals who
22are knowledgeable about the disease process of diabetes and the
23treatment of diabetes.
24(47) For the written form for participation in the
25prescription drug donation repository program, that the form
26shall include the name and telephone number of the responsible
27pharmacist, physician, or nurse practitioner who is employed
28by or under contract with the pharmacy or medical facility,
29and shall also include a statement, signed and dated by the
30responsible pharmacist, physician, or nurse practitioner,
31indicating that the pharmacy or medical facility meets the
32eligibility requirements and shall comply with the requirements
33established by rule.
34(48) For the dispensing of donated prescription drugs and
35supplies, that donated drugs and supplies may be dispensed
-215-1only if the drugs or supplies are prescribed by a health
2care practitioner for use by an eligible individual and
3are dispensed by a licensed pharmacist, physician, or nurse
4practitioner.
5g. f. The department of inspections and appeals, with
6respect to rules relating to the following:
7(1) For the qualifications of an attending physician at a
8hospice, that the person shall have an active Iowa license to
9practice medicine.
10(2) For residential care facilities for persons with
11intellectual disabilities, that a qualified intellectual
12disability professional includes specified professions,
13provided that the professional otherwise meets all of the
14conditions to qualify as a qualified intellectual disability
15professional.
16(3) For nursing facilities, that a qualified intellectual
17disabilities professional includes specified professions,
18provided that the professional otherwise meets all of the
19conditions to qualify as a qualified intellectual disabilities
20professional.
21(4) For intermediate care facilities for persons with
22mental illness, that a qualified mental health professional
23includes specified professions, provided that the professional
24otherwise meets all of the conditions to qualify as a qualified
25mental health professional.
26(5) For notifications submitted to the department from
27a subacute mental health care facility in the event of an
28accident causing a major injury, including as a major injury an
29injury which requires consultation with the attending physician
30or designee of the physician or advanced registered nurse
31practitioner who determines that an injury is a major injury.
32h. g. The racing and gaming commission, with respect to
33rules relating to the following:
34(1) For the grounds for denial, suspension, or revocation
35of an occupational or vendor license, that a license shall be
-216-1denied if the applicant has a history of mental illness without
2demonstrating successful treatment by a licensed medical
3physician.
4(2) For the qualifications for jockeys, that a jockey shall
5pass a physical examination by a licensed physician affirming
6fitness to participate as a jockey.
7(3) For the regulation of licensees in restricted areas of
8a racing facility, that licensees whose duties require them to
9be in a restricted area of a racing facility shall not have
10present within their systems any controlled substance as listed
11in schedules I to V of U.S.C. Tit.21 (Food and Drug Section
12812), chapter 124, or any prescription drug unless it was
13obtained directly or pursuant to valid prescription or order
14from a duly licensed physician who is acting in the course of
15professional practice.
16i. h. The Iowa law enforcement academy, with respect to
17rules relating to the following:
18(1) For the minimum standards for law enforcement officers,
19that an officer is examined by a licensed physician or surgeon.
20(2) For hiring standards must be reverified if an individual
21is not hired by an Iowa law enforcement agency during a
22specified period of time following completion of the course
23of study, that the individual must be examined by a licensed
24physician or surgeon.
25(3) For the selection or appointment of reserve peace
26officers, that the person shall be examined by a licensed
27physician or surgeon.
28j. i. The natural resource commission, with respect to
29rules relating to the following:
30(1) That the grounds for revoking or suspending an
31instructor license include participation in a course while
32ingesting prescription medication in a manner contrary to the
33dosing directions given by the prescribing physician.
34(2) For applications for use of a crossbow for deer and
35turkey hunting by handicapped individuals, that an application
-217-1must include a statement signed by the applicant’s physician
2declaring that the individual is not physically capable of
3shooting a bow and arrow.
4(3) For authorization for the use of a crossbow for deer
5and turkey hunting by handicapped individuals, that if a
6conservation officer has probable cause to believe the person’s
7handicapped status has improved, making it possible for the
8person to shoot a bow and arrow, the department of natural
9resources may, upon the officer’s request, require the person
10to obtain in writing a current physician’s statement.
11(4) For licenses for nonresidents to participate in a
12special deer hunting season for severely disabled persons,
13that a nonresident applying for the license must have on file
14with the department of natural resources either a copy of a
15disabilities parking permit issued by a state department of
16transportation or an Iowa department of natural resources form
17signed by a physician that verifies their disability.
18k. The Iowa department of public health, with respect to
19rules relating to the following:
20(1) That “impaired glucose tolerance”, for purposes of
21outpatient diabetes education programs, means a condition in
22which blood glucose levels are higher than normal, diagnosed by
23a physician, and treated with a food plan, exercise, or weight
24control.
25(2) For instructors for programs not recognized by the
26American diabetes association or accredited by the American
27association of diabetes educators, that the primary instructors
28shall be one or more of specified health care professionals who
29are knowledgeable about the disease process of diabetes and the
30treatment of diabetes.
31(3) For the written form for participation in the
32prescription drug donation repository program, that the form
33shall include the name and telephone number of the responsible
34pharmacist, physician, or nurse practitioner who is employed
35by or under contract with the pharmacy or medical facility,
-218-1and shall also include a statement, signed and dated by the
2responsible pharmacist, physician, or nurse practitioner,
3indicating that the pharmacy or medical facility meets the
4eligibility requirements and shall comply with the requirements
5established by rule.
6(4) For the dispensing of donated prescription drugs and
7supplies, that donated drugs and supplies may be dispensed
8only if the drugs or supplies are prescribed by a health
9care practitioner for use by an eligible individual and
10are dispensed by a licensed pharmacist, physician, or nurse
11practitioner.
12l. j. The department of public safety, with respect to
13rules relating to permits to carry weapons, that a person who
14is an unlawful user of or addicted to any controlled substance
15includes any person who is a current user of a controlled
16substance in a manner other than as prescribed by a licensed
17physician.
18m. k. The department of transportation, with respect
19to rules relating to exemptions from motor vehicle window
20transparency requirements, that a motor vehicle fitted with
21a front windshield, a front side window, or a front sidewing
22with less than seventy percent but not less than thirty-five
23percent light transmittance before July 4, 2012, may continue
24to be maintained and operated with a front windshield, a front
25side window, or a front sidewing with less than seventy percent
26but not less than thirty-five percent light transmittance on or
27after July 4, 2012, so long as the vehicle continues to be used
28for the transport of a passenger or operator who documented in
29the manner specified by the department a medical need for such
30reduced transparency, which document was signed by the person’s
31physician before July 4, 2012.
32n. l. The Iowa department of veterans affairs, with respect
33to rules relating to expenses relating to the purchase of
34durable equipment or services, that individuals requesting
35reimbursement who need durable equipment as a medical necessity
-219-1should provide information from a physician.
2o. m. The department of workforce development, with respect
3to rules relating to the following:
4(1) That a voluntary quit shall be presumed to be without
5good cause attributable to the employer for purposes of
6unemployment compensation if a claimant left employment because
7of illness or injury which was not caused or aggravated by the
8employment or pregnancy and failed to obtain the advice of a
9licensed and practicing physician, obtain certification of
10release for work from a licensed and practicing physician, or
11return to the employer and offer services upon recovery and
12certification for work by a licensed and practicing physician.
13(2) That for purposes of unemployment compensation, it is
14a reason for a claimant leaving employment with good cause
15attributable to the employer if the claimant left employment
16because of illness, injury, or pregnancy upon the advice of
17a licensed and practicing physician, and upon recovery, when
18recovery was certified by a licensed and practicing physician,
19the claimant returned and offered to perform services to the
20employer, but no suitable, comparable work was available.
21(3) That for purposes of unemployment compensation it is
22a reason for a claimant leaving employment with good cause
23attributable to the employer if the claimant left employment
24upon the advice of a licensed and practicing physician for the
25sole purpose of taking a family member to a place having a
26different climate and subsequently returned to the claimant’s
27regular employer and offered to perform services, but the
28claimant’s regular or comparable work was not available.
29p. n. The labor services division of the department of
30workforce development, with respect to rules relating to the
31following:
32(1) For the disclosure of a trade secret relating to a
33hazardous chemical during a medical emergency, that where a
34treating physician or nurse determines that a medical emergency
35exists and the specific chemical identity of a hazardous
-220-1chemical is necessary for emergency or first-aid treatment, the
2chemical manufacturer, importer, or employer shall immediately
3disclose the specific chemical identity of a trade secret
4chemical to that treating physician or nurse, regardless of the
5existence of a written statement of need or a confidentiality
6agreement.
7(2) For the disclosure of a trade secret relating to
8a hazardous chemical in a nonemergency situation, that in
9nonemergency situations, a chemical manufacturer, importer,
10or employer shall, upon request, disclose a specific chemical
11identity, otherwise permitted to be withheld by rule, to a
12specified health professional providing medical or other
13occupational health services to exposed employees or designated
14representatives in specified circumstances.
15(3) For applications for a license to practice asbestos
16removal, that except as noted in rule, only worker and
17contractor/supervisor license applicants must submit the
18respiratory protection and physician’s certification forms.
19(4) For documentation held by persons licensed for asbestos
20abatement in an area that is subject to a disaster emergency
21proclamation, that the labor commissioner deems an individual
22contractor, supervisor, or worker to be licensed and authorized
23for asbestos abatement if the individual, in addition to other
24specified conditions, makes immediately available on the
25work site a copy of a physician’s statement indicating that,
26consistent with federal law, a licensed physician has examined
27the individual within the past twelve months and approved the
28individual to work while wearing a respirator.
29(5) That the contents of an application for an event
30license for a covered athletic event other than a professional
31wrestling event shall contain, along with other requirements,
32a copy of the medical license of the ringside physician and
33the date, time, and location of the ringside physician’s
34examination of the contestants.
35(6) For the responsibilities of the promoter of an athletic
-221-1event, that the promoter submit test results to the ringside
2physician no later than at the time of the physical showing
3that each contestant scheduled for the event tested negative
4for the human immunodeficiency, hepatitis B, and hepatitis C
5viruses within the one-year period prior to the event, and that
6the contestant shall not participate and the physician shall
7notify the promoter that the contestant is prohibited from
8participating for medical reasons if specified circumstances
9occur.
10(7) For injuries during a professional boxing match, that if
11a contestant claims to be injured during the bout, the referee
12shall stop the bout and request the attending physician to make
13an examination. If the physician decides that the contestant
14has been injured as the result of a foul, the physician shall
15advise the referee of the injury. If the physician is of the
16opinion that the injured contestant may be able to continue,
17the physician shall order an intermission, after which the
18physician shall make another examination and again advise
19the referee of the injured contestant’s condition. It shall
20be the duty of the promoter to have an approved physician in
21attendance during the entire duration of all bouts.
22(8) For persons allowed in a ring during a professional
23boxing match, that no person other than the contestants and the
24referee shall enter the ring during the bout, excepting the
25seconds between the rounds or the attending physician if asked
26by the referee to examine an injury to a contestant.
27(9) For the weighing of contestants in a professional boxing
28match, that contestants shall be weighed and examined on the
29day of the scheduled match by the attending ring physician at a
30time and place to be determined by the commissioner.
31(10) For attending ring physicians during a professional
32boxing match, that when a boxer has been injured seriously,
33knocked out, or technically knocked out, the referee shall
34immediately summon the attending ring physician to aid the
35stricken boxer, and that managers, handlers, and seconds shall
-222-1not attend to the stricken boxer, except at the request of the
2physician.
3(11) For the keeping of time during a professional boxing
4match, that the timekeeper shall keep an exact record of time
5taken out at the request of a referee for an examination of a
6contestant by the physician.
7(12) For the suspension of contestants during a
8professional boxing match that is an elimination tournament,
9that a contestant who for specified reasons is not permitted
10to box in the state for a period of time shall be examined by a
11physician approved by the commissioner before being permitted
12to fight again.
13(13) For the designation of officials for professional
14kickboxing, that the designation of physicians is subject to
15the approval of the commissioner or designee.
16(14) For officials for a mixed martial arts event, that
17officials shall include a physician.
18(15) For the keeping of time for a mixed martial arts
19event, that the timekeeper shall keep an exact record of time
20taken out at the request of a referee for an examination of a
21contestant by the physician.
22(16) For persons allowed in the cage during a mixed martial
23arts event, that a physician may enter the cage to examine a
24contestant upon the request of the referee.
25(17) For the decorum of persons involved in a mixed martial
26arts event, that a contestant is exempt from prohibitions on
27specified conduct while interacting with the contestant’s
28opponent during a round, but if the round is stopped by the
29physician or referee for a time out, the prohibitions shall
30apply to the contestant.
31(18) For the examination of contestants in a mixed martial
32arts event, that on the day of the event, at a time and place
33to be approved by the commissioner, the ringside physician
34shall conduct a rigorous physical examination to determine the
35contestant’s fitness to participate in a mixed martial arts
-223-1match, and that a contestant deemed not fit by the physician
2shall not participate in the event.
3(19) For injuries during a mixed martial arts event, that if
4a contestant claims to be injured or when a contestant has been
5injured seriously or knocked out, the referee shall immediately
6stop the fight and summon the attending ring physician to make
7an examination of the stricken fighter. If the physician
8decides that the contestant has been injured, the physician
9shall advise the referee of the severity of the injury. If
10the physician is of the opinion the injured contestant may be
11able to continue, the physician shall order an intermission,
12after which the physician shall make another examination and
13again advise the referee of the injured contestant’s condition.
14Managers, handlers, and seconds shall not attend to the
15stricken fighter, except at the request of the physician.
162. This section shall not be construed to expand, diminish,
17or otherwise modify the scope of practice of any profession
18licensed under this subtitle.
193. The rulemaking requirements provided in this section
20shall not be construed to prohibit the agencies listed in
21subsection 1 from engaging in further rulemaking not in
22conflict with this section or state or federal law relating to
23the subject matter of this section or to otherwise diminish the
24authority to engage in rulemaking provided to those agencies by
25any other statute.
26 Sec. 293. Section 147.82, Code 2023, is amended to read as
27follows:
28147.82 Fee retention.
29All fees collected by a board listed in section 147.13 or
30by the department for the bureau of professional licensure,
31and fees collected pursuant to sections 124.301 and 147.80 and
32chapter 155A by the board of pharmacy, shall be retained by
33each board or by the department for the bureau of professional
34licensure. The moneys retained by a board shall be used for
35any of the board’s duties, including but not limited to the
-224-1addition of full-time equivalent positions for program services
2and investigations. Revenues retained by a board pursuant
3to this section shall be considered repayment receipts as
4defined in section 8.2. Notwithstanding section 8.33, moneys
5retained by a board pursuant to this section are not subject to
6reversion to the general fund of the state.
7 Sec. 294. Section 147A.1, subsections 1 and 2, Code 2023,
8are amended to read as follows:
91. “Department” means the Iowa department of public health
10and human services.
112. “Director” means the director of the Iowa department of
12public health and human services.
13 Sec. 295. Section 147A.21, subsections 2 and 3, Code 2023,
14are amended to read as follows:
152. “Department” means the Iowa department of public health
16and human services.
173. “Director” means the director of public health and human
18services.
19 Sec. 296. Section 147A.24, subsection 1, paragraph d, Code
202023, is amended to read as follows:
21d. Department of public health and human services.
22 Sec. 297. Section 147C.1, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. “Alternative program” means a nondisciplinary monitoring
25or practice remediation process approved by a physical therapy
26licensing board. This includes but is not limited to substance
27abuse use disorder issues.
28 Sec. 298. Section 147D.1, subsection 2, paragraph c, Code
292023, is amended to read as follows:
30c. “Alternative program” means a voluntary, nondisciplinary
31substance abuse use disorder recovery program approved by a
32state emergency medical services authority.
33 Sec. 299. Section 147E.1, subsection 2, paragraph k, Code
342023, is amended to read as follows:
35k. “Impaired practitioner” means individuals whose
-225-1professional practice is adversely affected by substance abuse
2 use disorder, addiction, or other health-related conditions.
3 Sec. 300. Section 147F.1, subsection 2, paragraph n, Code
42023, is amended to read as follows:
5n. “Impaired practitioner” means an individual whose
6professional practice is adversely affected by substance abuse
7 use disorder, addiction, or other health-related conditions.
8 Sec. 301. Section 148C.1, subsection 4, Code 2023, is
9amended to read as follows:
104. “Department” means the department of public health and
11human services.
12 Sec. 302. Section 152.5A, Code 2023, is amended to read as
13follows:
14152.5A Student record checks.
151. For the purposes of this section:
16a. “Comprehensive preliminary background check” means the
17same as defined in section 135C.1.
18b. “Nursing program” means a nursing program that is
19approved by the board pursuant to section 152.5.
20c. “Record check evaluation system” means the same as
21defined in section 135C.1.
22c. d. “Student” means a person applying for, enrolled in,
23or returning to the clinical education component of a nursing
24program.
252. Prior to a student beginning or returning to a nursing
26program, the nursing program shall do one of the following in
27substantial conformance with the provisions of section 135C.33:
28a. Request that the department of public safety perform a
29criminal history check and the record check evaluation system
30of the department of health and human services perform child
31and dependent adult abuse record checks of the student in this
32state.
33b. Access the single contact repository to perform the
34required record checks.
353. a. If a program accesses the single contact repository
-226-1to perform the required record checks pursuant to subsection
22, the program may utilize a third-party vendor to perform
3a comprehensive preliminary background check to allow a
4student to provisionally participate in the clinical education
5component of the nursing program pending completion of the
6required record checks through the single contact repository
7and the evaluation by the department of human services record
8check evaluation system, as applicable, subject to all of the
9following:
10(1) If the comprehensive preliminary background check
11determines that the student being considered for provisional
12participation has been convicted of a crime, but the crime does
13not constitute a felony as defined in section 701.7 and is not
14a crime specified pursuant to chapter 708, 708A, 709, 709A,
15710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
16or 726.28.
17(2) If the comprehensive preliminary background check
18determines the student being considered for provisional
19participation does not have a record of founded child abuse or
20dependent adult abuse, or if an exception pursuant to section
21135C.33, subsection 4, is applicable to the student.
22(3) If the program has requested an evaluation in accordance
23with section 135C.33, subsection 2, paragraph “a”, to determine
24whether the crime warrants prohibition of the student’s
25provisional participation.
26b. The provisional participation under this subsection
273 may continue until such time as the required record checks
28through the single contact repository and the evaluation by the
29department of human services record check evaluation system,
30as applicable, are completed.
314. If a student has a criminal record or a record of
32founded child or dependent adult abuse, upon request of the
33nursing program, the department of human services record check
34evaluation system shall perform an evaluation to determine
35whether the record warrants prohibition of the student’s
-227-1involvement in a clinical education component of a nursing
2program involving children or dependent adults. The department
3of human services record check evaluation system shall utilize
4the criteria provided in section 135C.33 in performing the
5evaluation and shall report the results of the evaluation to
6the nursing program. The department of human services record
7check evaluation system has final authority in determining
8whether prohibition of the student’s involvement in a clinical
9education component is warranted.
10 Sec. 303. Section 152B.1, subsection 2, Code 2023, is
11amended to read as follows:
122. “Department” means the Iowa department of public health
13and human services.
14 Sec. 304. Section 154A.1, subsection 2, Code 2023, is
15amended to read as follows:
162. “Department” means the Iowa department of public health
17and human services.
18 Sec. 305. Section 154B.8, Code 2023, is amended to read as
19follows:
20154B.8 Voluntary surrender of license.
21The director of public health board may accept the voluntary
22surrender of license if accompanied by a written statement of
23intention. The voluntary surrender, when accepted, shall have
24the same force and effect as an order of revocation.
25 Sec. 306. Section 154B.13, subsection 2, Code 2023, is
26amended to read as follows:
272. The board shall appoint a prescribing psychologist rules
28subcommittee comprised of a psychologist appointed by the
29board, a physician appointed by the board of medicine, and a
30member of the public appointed by the director of public health
31and human services to develop rules for consideration by the
32board pursuant to this section.
33 Sec. 307. Section 154D.4, subsection 2, paragraph c, Code
342023, is amended to read as follows:
35c. The provision of children, family, or mental health
-228-1services through the department of health and human services
2or juvenile court, or agencies contracting with the department
3of health and human services or juvenile court, by persons who
4do not represent themselves to be either a marital and family
5therapist or a mental health counselor.
6 Sec. 308. Section 154E.1, subsection 3, Code 2023, is
7amended to read as follows:
83. “Department” means the Iowa department of public health
9and human services.
10 Sec. 309. Section 155A.13, subsection 3, paragraph d, Code
112023, is amended to read as follows:
12d. An applicant seeking a special or limited-use pharmacy
13license for a proposed telepharmacy site that does not meet the
14mileage requirement established in paragraph “c” and is not
15statutorily exempt from the mileage requirement may apply to
16the board for a waiver of the mileage requirement. A waiver
17request shall only be granted if the applicant can demonstrate
18to the board that the proposed telepharmacy site is located in
19an area where there is limited access to pharmacy services and
20can establish the existence of compelling circumstances that
21justify waiving the mileage requirement. The board’s decision
22to grant or deny a waiver request shall be a proposed decision
23subject to mandatory review by the director of public health
24and human services. The director shall review a proposed
25decision and shall have the power to approve, modify, or veto a
26proposed decision. The director’s decision on a waiver request
27shall be considered final agency action subject to judicial
28review under chapter 17A.
29 Sec. 310. Section 155A.46, subsection 1, paragraph a,
30unnumbered paragraph 1, Code 2023, is amended to read as
31follows:
32A pharmacist may, pursuant to statewide protocols developed
33by the board in consultation with the department of public
34 health and human services and consistent with subsection 2,
35order and administer the following to patients ages eighteen
-229-1years and older:
2 Sec. 311. Section 155A.46, subsection 1, paragraph b,
3unnumbered paragraph 1, Code 2023, is amended to read as
4follows:
5A pharmacist may, pursuant to statewide protocols developed
6by the board in consultation with the department of public
7 health and human services and consistent with subsection 2,
8order and administer the following to patients ages six months
9and older:
10 Sec. 312. Section 155A.46, subsection 1, paragraph c, Code
112023, is amended to read as follows:
12c. A pharmacist may, pursuant to statewide protocols
13developed by the board in consultation with the department of
14public health and human services and consistent with subsection
152, order and administer the final two doses in a course of
16vaccinations for HPV to patients ages eleven years and older.
17 Sec. 313. Section 155A.46, subsection 1, paragraph e,
18unnumbered paragraph 1, Code 2023, is amended to read as
19follows:
20A pharmacist may, pursuant to statewide protocols developed
21by the board in consultation with the department of public
22 health and human services and consistent with subsection 2,
23order and administer the following to patients ages six years
24and older:
25 Sec. 314. Section 156.1A, Code 2023, is amended to read as
26follows:
27156.1A Provision of services.
28Nothing contained in this chapter shall be construed
29as prohibiting the operation of any funeral home, funeral
30establishment, or cremation establishment by any person,
31heir, fiduciary, firm, cooperative burial association, or
32corporation. However, each such person, firm, cooperative
33burial association, or corporation shall ensure that all
34mortuary science services are provided by a funeral director,
35and shall keep the Iowa department of public health and human
-230-1services advised of the name of the funeral director.
2 Sec. 315. Section 156.10, Code 2023, is amended to read as
3follows:
4156.10 Inspection.
51. The director department of public health and human
6services may inspect all places where dead human bodies are
7prepared or held for burial, entombment, or cremation, and may
8adopt and enforce such rules and regulations in connection with
9the inspection as may be necessary for the preservation of the
10public health.
112. The Iowa department of public health and human services
12 may assess an inspection fee for an inspection of a place where
13dead human bodies are prepared for burial or cremation. The
14fee may be determined by the department by rule.
15 Sec. 316. Section 157.1, subsection 7, Code 2023, is amended
16to read as follows:
177. “Department” means the Iowa department of public health
18and human services.
19 Sec. 317. Section 157.7, subsection 2, Code 2023, is amended
20to read as follows:
212. The Iowa department of public health may employ clerical
22assistants pursuant to chapter 8A, subchapter IV, to administer
23and enforce this chapter. The costs and expenses of the
24clerical assistants shall be paid from funds appropriated to
25the department of public health.
26 Sec. 318. Section 158.1, subsection 6, Code 2023, is amended
27to read as follows:
286. “Department” means the Iowa department of public health
29and human services.
30 Sec. 319. Section 158.2, subsection 8, Code 2023, is amended
31to read as follows:
328. Persons committed pursuant to chapter 229A to the custody
33of the director of the department of human services in the unit
34for sexually violent predators who cut the hair or trim or
35shave the beard of any other person within the unit, without
-231-1receiving direct compensation from the person receiving the
2service.
3 Sec. 320. Section 158.3, subsection 1, paragraph d, Code
42023, is amended to read as follows:
5d. Presents a certificate, or satisfactory evidence, to the
6department that the applicant has successfully completed tenth
7grade, or the equivalent. The provisions of this subsection
8shall not apply to students enrolled in a barber school
9maintained at an institution under the control of a director of
10a division of the department of human services.
11 Sec. 321. Section 158.6, subsection 2, Code 2023, is amended
12to read as follows:
132. The Iowa department of public health may employ clerical
14assistants pursuant to chapter 8A, subchapter IV, to administer
15and enforce this chapter. The costs and expenses of the
16clerical assistants shall be paid from funds appropriated to
17the department of public health.
18 Sec. 322. Section 163.3A, subsection 2, Code 2023, is
19amended to read as follows:
202. The services shall be performed under the direction of
21the department and may be part of measures authorized by the
22governor under a declaration or proclamation issued pursuant
23to chapter 29C. In such case, the department shall cooperate
24with the Iowa department of public health and human services
25 under chapter 135, and the department of homeland security and
26emergency management, and local emergency management agencies
27as provided in chapter 29C.
28 Sec. 323. Section 190B.102, subsection 3, Code 2023, is
29amended to read as follows:
303. The department of agriculture and land stewardship, the
31department of public health, the department of health and human
32services, and the department of inspections and appeals shall
33cooperate with the department of revenue to administer this
34subchapter.
35 Sec. 324. Section 204.7, subsection 8, paragraph a,
-232-1subparagraph (3), Code 2023, is amended to read as follows:
2(3) The consumable hemp product complies with packaging
3and labeling requirements, which shall be established by the
4department of inspections health and appeals human services by
5rule.
6 Sec. 325. Section 204.7, subsection 8, paragraphs b and c,
7Code 2023, are amended to read as follows:
8b. A person manufacturing a consumable hemp product in
9this state shall register with the department of inspections
10 health and appeals human services on a form prescribed by
11the department of inspections health and appeals human
12services by rule. The department of inspections health and
13appeals human services may impose a fee, established by the
14department of inspections health and appeals human services
15 by rule, on a registrant not to exceed the cost of processing
16the registration. The department of inspections health and
17appeals human services shall adopt rules for the revocation
18of a registration issued to a manufacturer who manufactures a
19consumable hemp product not in compliance with this chapter.
20c. A person selling a consumable hemp product in this state
21shall register with the department of inspections health and
22appeals human services on a form prescribed by the department
23of inspections health and appeals human services by rule and
24shall keep on the premises of the person’s business a copy
25of the certificate of analysis issued pursuant to section
26204.8 for the hemp contained in the consumable hemp products
27sold by the person. The department of inspections health and
28appeals human services may impose a fee, established by the
29department of inspections health and appeals human services
30 by rule, on a registrant not to exceed the cost of processing
31the registration. The department of inspections health and
32appeals human services shall adopt rules for the revocation of
33a registration issued to a person who sells a consumable hemp
34product not in compliance with this section.
35 Sec. 326. Section 206.2, subsection 17, paragraph c, Code
-233-12023, is amended to read as follows:
2c. To which reference is made on the label or in
3literature accompanying the pesticide or device, except when
4accurate, nonmisleading reference is made to current official
5publications of the United States department of agriculture or
6interior, the United States public health service, the state
7agricultural experiment stations, the Iowa state university,
8the Iowa department of public health and human services, the
9department of natural resources, or other similar federal
10institutions or official agencies of this state or other
11states authorized by law to conduct research in the field of
12pesticides.
13 Sec. 327. Section 216.6, subsection 1, paragraph d, Code
142023, is amended to read as follows:
15d. Person to solicit or require as a condition of employment
16of any employee or prospective employee a test for the presence
17of the antibody to the human immunodeficiency virus or to
18affect the terms, conditions, or privileges of employment or
19terminate the employment of any employee solely as a result
20of the employee obtaining a test for the presence of the
21antibody to the human immunodeficiency virus. An agreement
22between an employer, employment agency, labor organization,
23or their employees, agents, or members and an employee or
24prospective employee concerning employment, pay, or benefits to
25an employee or prospective employee in return for taking a test
26for the presence of the antibody to the human immunodeficiency
27virus, is prohibited. The prohibitions of this paragraph
28do not apply if the state epidemiologist determines and the
29director of public health and human services declares through
30the utilization of guidelines established by the center for
31disease control of the United States department of health and
32human services, that a person with a condition related to
33acquired immune deficiency syndrome poses a significant risk
34of transmission of the human immunodeficiency virus to other
35persons in a specific occupation.
-234-1 Sec. 328. Section 216A.1, Code 2023, is amended to read as
2follows:
3216A.1 Department of health and human services — human
4rights — purpose.
51. A The department of health and human rights is created,
6with the following divisions and offices services shall be
7responsible for all of the following:
8a. Division of community Community advocacy and services,
9with the following offices:
10(1) Office of Latino affairs.
11(2) Office on the status of women.
12(3) Office of persons with disabilities.
13(4) Office of deaf services.
14(5) Office on the status of African Americans.
15(6) Office of Asian and Pacific Islander affairs.
16(7) Office of Native American affairs.
17b. Division of community Community action agencies.
18c. Division of criminal Criminal and juvenile justice
19planning.
202. The purpose of the department under this chapter and as
21otherwise provided by law is to ensure basic rights, freedoms,
22and opportunities for all by empowering underrepresented Iowans
23and eliminating economic, social, and cultural barriers.
243. The department shall implement the comprehensive
25strategic plan approved by the board under section 216A.3 and
26shall issue an annual report to the governor and the general
27assembly no later than November 1 of each year concerning the
28operations of the department relating to responsibilities for
29human rights.
30 Sec. 329. Section 216A.3, Code 2023, is amended to read as
31follows:
32216A.3 Human rights board.
331. A human rights board is created within the department of
34human rights.
352. The board shall consist of sixteen members, including
-235-1eleven voting members and five nonvoting members and determined
2as follows:
3a. The voting members shall consist of nine voting members
4selected by each of the permanent commissions within the
5department, and two voting members, appointed by the governor.
6For purposes of this paragraph “a”, “permanent commissions”
7means the commission of Latino affairs, commission on the
8status of women, commission of persons with disabilities,
9commission on community action agencies, commission of deaf
10services, justice advisory board, commission on the status of
11African Americans, commission of Asian and Pacific Islander
12affairs, and commission of Native American affairs. The term
13of office for voting members is four years.
14b. The nonvoting members shall consist of the department
15director, two state representatives, one appointed by the
16speaker of the house of representatives and one by the minority
17leader of the house of representatives, and two state senators,
18one appointed by the majority leader of the senate and one by
19the minority leader of the senate.
203. A majority of the voting members of the board shall
21constitute a quorum, and the affirmative vote of two-thirds of
22the voting members present is necessary for any substantive
23action taken by the board. The board shall select a
24chairperson from the voting members of the board. The board
25shall meet not less than four times a year.
264. The board shall have the following duties:
27a. Develop develop and monitor implementation of
28a comprehensive strategic plan to remove barriers for
29underrepresented populations and, in doing so, to increase
30Iowa’s productivity and inclusivity, including performance
31measures and benchmarks.
32b. Approve, disapprove, amend, or modify the budget
33recommended by the department director for the operation of
34the department, subject to the budget requirements pursuant to
35chapter 8.
-236- 1c. Adopt administrative rules pursuant to chapter 17A,
2upon the recommendation of the department director, for the
3operation of the department.
4d. By November 1 of each year, approve the department report
5to the general assembly and the governor that covers activities
6during the preceding fiscal year.
7 Sec. 330. Section 216A.4, subsections 2 and 3, Code 2023,
8are amended to read as follows:
92. “Department” means the department of health and human
10rights services.
113. “Department director” “Director” means the director of
12the department of health and human rights services.
13 Sec. 331. Section 216A.6, subsection 2, paragraph d, Code
142023, is amended to read as follows:
15d. Department, or division, or office evaluations of
16information about a person seeking or receiving advocacy
17services.
18 Sec. 332. Section 216A.7, Code 2023, is amended to read as
19follows:
20216A.7 Access to information.
21Upon request of the director, or an office, a commission,
22or a council, or administrator of a division of the department
23 created under this chapter, all boards, agencies, departments,
24and offices of the state shall make available nonconfidential
25information, records, data, and statistics which are relevant
26to the populations or groups served by the offices, councils,
27and commissions of the department.
28 Sec. 333. Section 216A.11, subsection 2, Code 2023, is
29amended to read as follows:
302. “Office” means the office of Latino affairs of the
31department of human rights.
32 Sec. 334. Section 216A.13, subsection 2, Code 2023, is
33amended to read as follows:
342. Serve as liaison between the department of human rights
35 and the public, sharing information and gathering constituency
-237-1input.
2 Sec. 335. Section 216A.15, subsection 4, Code 2023, is
3amended to read as follows:
44. Recommend to the department director policies and
5programs for the office.
6 Sec. 336. Section 216A.51, subsection 2, Code 2023, is
7amended to read as follows:
82. “Office” means the office on the status of women of the
9department of human rights.
10 Sec. 337. Section 216A.71, subsection 2, Code 2023, is
11amended to read as follows:
122. “Office” means the office of persons with disabilities of
13the department of human rights.
14 Sec. 338. Section 216A.91, Code 2023, is amended to read as
15follows:
16216A.91 Definitions.
17For purposes of this subchapter, unless the context
18otherwise requires:
191. “Administrator” means the administrator of the division
20of community action agencies of the department of human rights.
212. 1. “Commission” means the commission on community action
22agencies.
233. 2. “Community action agency” means a public agency
24or a private nonprofit agency which is authorized under its
25charter or bylaws to receive funds to administer community
26action programs and is designated by the governor to receive
27and administer the funds.
284. 3. “Community action program” means a program conducted
29by a community action agency which includes projects to provide
30a range of services to improve the conditions of poverty in the
31area served by the community action agency.
325. “Delegate agency” means a subgrantee or contractor
33selected by the community action agency.
346. “Division” means the division of community action
35agencies of the department of human rights.
-238-1 Sec. 339. Section 216A.92, Code 2023, is amended to read as
2follows:
3216A.92 Division of community Community action agencies.
41. The division of community action agencies is
5established. The purpose of the division of community action
6agencies is to The department shall strengthen, supplement,
7and coordinate efforts to develop the full potential of each
8citizen by recognizing certain community action agencies and
9supporting certain community-based programs delivered by
10community action agencies.
112. The division department shall do all of the following:
12a. Provide financial assistance for community action
13agencies to implement community action programs, as permitted
14by the community service block grant and subject to the funding
15made available for the program.
16b. Administer the community services block grant, the
17low-income energy assistance block grants, department of energy
18funds for weatherization, and other possible funding sources.
19If a political subdivision is the community action agency,
20the financial assistance shall be allocated to the political
21subdivision.
22c. Implement accountability measures for its programs and
23require regular reporting on the measures by the community
24action agencies.
25d. Issue an annual report to the governor and general
26assembly by July 1 of each year.
27 Sec. 340. Section 216A.92B, subsections 1 and 3, Code 2023,
28are amended to read as follows:
291. Recommend to the board the adoption of rules pursuant
30to chapter 17A as it deems necessary for the commission and
31division department.
323. Serve as liaisons between the division department and the
33public, sharing information and gathering constituency input.
34 Sec. 341. Section 216A.93, Code 2023, is amended to read as
35follows:
-239- 1216A.93 Establishment of community action agencies.
2The division department shall recognize and assist in the
3designation of certain community action agencies to assist in
4the delivery of community action programs. These programs
5shall include but not be limited to outreach, community
6services block grant, low-income energy assistance, and
7weatherization programs. If a community action agency is in
8effect and currently serving an area, that community action
9agency shall become the designated community action agency
10for that area. If any geographic area of the state ceases
11to be served by a designated community action agency, the
12division department may solicit applications and assist the
13governor in designating a community action agency for that
14area in accordance with current community services block grant
15requirements.
16 Sec. 342. Section 216A.98, Code 2023, is amended to read as
17follows:
18216A.98 Audit.
19Each community action agency shall be audited annually but
20shall not be required to obtain a duplicate audit to meet the
21requirements of this section. In lieu of an audit by the
22auditor of state, the community action agency may contract with
23or employ a certified public accountant to conduct the audit,
24pursuant to the applicable terms and conditions prescribed by
25sections 11.6, 11.14, and 11.19 and an audit format prescribed
26by the auditor of state. Copies of each audit shall be
27furnished to the division department in a manner prescribed by
28the division department.
29 Sec. 343. Section 216A.99, subsection 1, Code 2023, is
30amended to read as follows:
311. The administrator department shall provide financial
32assistance for community action agencies to implement community
33action programs, as permitted by the community service block
34grant, administer the low-income energy assistance block
35grants, department of energy funds for weatherization received
-240-1in Iowa, and other possible funding sources.
2 Sec. 344. Section 216A.102, subsection 3, Code 2023, is
3amended to read as follows:
43. Under rules developed adopted by the division of
5community action agencies of the department of human rights
6and adopted by the board, the fund may be used to negotiate
7reconnection of essential utility services with the energy
8provider.
9 Sec. 345. Section 216A.104, subsection 1, Code 2023, is
10amended to read as follows:
111. The general assembly finds that provision of assistance
12to prevent utility disconnections will also prevent the
13development of public health risks due to such disconnections.
14The division department shall establish an energy utility
15assessment and resolution program administered by each
16community action agency for persons with low incomes who have
17or need a deferred payment agreement or are in need of an
18emergency fuel delivery to address home energy utility costs.
19 Sec. 346. Section 216A.104, subsection 2, paragraphs b and
20f, Code 2023, are amended to read as follows:
21b. The person is a residential customer of an energy utility
22approved for the program by the division department.
23f. The person complies with other eligibility requirements
24adopted in rules by the division department.
25 Sec. 347. Section 216A.107, subsection 1, Code 2023, is
26amended to read as follows:
271. A family development and self-sufficiency council is
28established within the department of human rights. The council
29shall consist of the following persons:
30a. The director of the department of human services or the
31director’s designee.
32b. The director of the department of public health or the
33director’s designee.
34c. The administrator of the division of community
35action agencies of the department of human rights or the
-241-1administrator’s designee.
2d. b. The director of the school of social work at the
3university of Iowa or the director’s designee.
4e. c. The dean of the college of human sciences at Iowa
5state university or the dean’s designee.
6f. d. Two recipients or former recipients of the family
7investment program, selected by the other members of the
8council.
9g. e. One recipient or former recipient of the family
10investment program who is a member of a racial or ethnic
11minority, selected by the other members of the council.
12h. f. One member representing providers of services to
13victims of domestic violence, selected by the other members of
14the council.
15i. g. The head of the department of design, textiles,
16gerontology, and family studies at the university of northern
17Iowa or that person’s designee.
18j. h. The director of the department of education or the
19director’s designee.
20k. i. The director of the department of workforce
21development or the director’s designee.
22l. j. Two persons representing the business community,
23selected by the other members of the council.
24m. k. Two members from each chamber of the general
25assembly serving as ex officio, nonvoting members. The two
26members of the senate shall be appointed one each by the
27majority leader and the minority leader of the senate. The two
28members of the house of representatives shall be appointed one
29each by the speaker and the minority leader of the house of
30representatives.
31 Sec. 348. Section 216A.107, subsection 3, paragraph c,
32subparagraphs (1) and (3), Code 2023, are amended to read as
33follows:
34(1) Designation of families to be served that meet one or
35more criteria for being at risk of dependency on the family
-242-1investment program or of family instability, and agreement
2to serve clients that are referred by the department of
3human services from the family investment program which
4meet the criteria. The criteria may include but are not
5limited to factors such as educational level, work history,
6family structure, age of the youngest child in the family,
7previous length of stay on the family investment program, and
8participation in the family investment program or the foster
9care program while the head of a household was a child. Grant
10proposals shall also establish the number of families to be
11served under the grant.
12(3) Designation of the manner in which other needs of the
13families will be provided for, including but not limited to
14child care assistance, transportation, substance abuse use
15disorder treatment, support group counseling, food, clothing,
16and housing.
17 Sec. 349. Section 216A.107, subsection 4, Code 2023, is
18amended to read as follows:
194. a. The division department shall administer the family
20development and self-sufficiency grant program. The department
21of human services shall disclose to the division confidential
22information pertaining to individuals receiving services under
23the grant program, as authorized under section 217.30. The
24division and the department of human services shall share
25information and data necessary for tracking performance
26measures of the family development and self-sufficiency grant
27program, for referring families participating in the promoting
28independence and self-sufficiency through employment job
29opportunities and basic skills (PROMISE JOBS) program under
30section 239B.17 and related activities and programs to the
31grant program, and for meeting federal reporting requirements.
32The division and the department of human services may by mutual
33agreement, as specified in the memorandum of agreement entered
34into in accordance with paragraph “b”, add to or delete from
35the initial shared information items listed in this lettered
-243-1paragraph. The initial shared information shall include but is
2not limited to all of the following:
3(1) Family enrollments and exits to and from each of the
4programs.
5(2) Monthly reports of individual participant activity in
6PROMISE JOBS components that are countable work activities
7according to federal guidelines applicable to those components.
8(3) Aggregate grant program participant activity in all
9PROMISE JOBS program components.
10(4) Work participation rates for grant program participants
11who were active family investment program participants.
12(5) The average hourly wage of grant program participants
13who left the family investment program.
14(6) The percentage of grant program participants who exited
15from the grant program at or after the time family investment
16program participation ended and did not reenroll in the family
17investment program for at least one year.
18b. The division shall develop a memorandum of agreement
19with the department of human services to share outcome data and
20coordinate referrals and delivery of services to participants
21in the family investment program under chapter 239B and the
22grant program and other shared clients and shall provide the
23department of human services with information necessary for
24compliance with federal temporary assistance for needy families
25block grant state plan and reporting requirements, including
26but not limited to financial and data reports.
27c. b. To the extent that the family development and
28self-sufficiency grant program is funded by the federal
29temporary assistance for needy families block grant and by the
30state maintenance of efforts funds appropriated in connection
31with the block grant, the division department shall comply with
32all federal requirements for the block grant. The division
33 department is responsible for payment of any federal penalty
34imposed that is attributable to the grant program and shall
35receive any federal bonus payment attributable to the grant
-244-1program.
2d. c. The division department shall ensure that
3expenditures of moneys appropriated to the department of human
4services from the general fund of the state for the family
5development and self-sufficiency grant program are eligible to
6be considered as state maintenance of effort expenditures under
7federal temporary assistance for needy families block grant
8requirements.
9e. d. The commission department shall consider the
10recommendations of the council in adopting rules pertaining to
11the grant program.
12f. e. The division department shall submit to the governor
13and general assembly on or before November 30 following the
14end of each state fiscal year, a report detailing performance
15measure and outcome data evaluating the family development and
16self-sufficiency grant program for the fiscal year that just
17ended.
18 Sec. 350. Section 216A.111, subsection 2, Code 2023, is
19amended to read as follows:
202. “Office” means the office of deaf services of the
21department of human rights.
22 Sec. 351. Section 216A.131, Code 2023, is amended to read
23as follows:
24216A.131 Definitions.
25For the purpose of this subchapter, unless the context
26otherwise requires:
271. “Administrator” means the administrator of the division
28of criminal and juvenile justice planning.
292. 1. “Board” means the justice advisory board.
303. 2. “Department” means the department of health and human
31rights services.
324. “Division” means the division of criminal and juvenile
33justice planning.
34 Sec. 352. Section 216A.131A, Code 2023, is amended to read
35as follows:
-245- 1216A.131A Division of criminal Criminal and juvenile justice
2planning.
3The division of criminal and juvenile justice planning is
4established to department shall fulfill the responsibilities
5of this subchapter, including the duties specified in sections
6216A.135, 216A.136, 216A.137, 216A.138, and 216A.140.
7 Sec. 353. Section 216A.132, subsection 1, paragraph b, Code
82023, is amended to read as follows:
9b. Additional voting members of the board, each serving a
10four-year term, shall include one representative from each of
11the following:
12(1) The Iowa coalition against sexual assault.
13(2) The American civil liberties union of Iowa.
14(3) The Iowa county attorneys association.
15(4) The department of health and human services.
16(5) The department of corrections.
17(6) A judicial district department of correctional
18services.
19(7) The department of public safety.
20(8) The office on the status of African Americans.
21(9) The department of public health.
22(10) (8) The board of parole.
23(11) (9) The department of justice.
24(12) (10) The state public defender.
25(13) (11) The governor’s office of drug control policy.
26 Sec. 354. Section 216A.132, subsection 3, Code 2023, is
27amended to read as follows:
283. Members of the board shall receive reimbursement
29from the state for actual and necessary expenses incurred
30in the performance of their official duties and may also
31be eligible to receive compensation as provided in section
327E.6. All expense moneys paid to nonlegislative members shall
33be paid from funds appropriated to the division department.
34Legislative members shall receive compensation as provided in
35sections 2.10 and 2.12.
-246-1 Sec. 355. Section 216A.133, subsection 2, Code 2023, is
2amended to read as follows:
32. The board shall advise the division department on its
4administration of state and federal grants and appropriations
5and shall carry out other functions consistent with this
6subchapter.
7 Sec. 356. Section 216A.133, subsection 3, paragraphs i, j,
8k, l, and r, Code 2023, are amended to read as follows:
9i. Providing input to the department director in the
10development of budget recommendations for the division
11 department.
12j. Coordinating with the administrator to develop and
13make Developing and making recommendations to the department
14 director pursuant to section 216A.2.
15k. Serving as a liaison between the division department
16 and the public, sharing information and gathering constituency
17input.
18l. Recommending to the department the adoption of rules
19pursuant to chapter 17A as it deems necessary for the board and
20division department.
21r. Reviewing data supplied by the division department, the
22department of management, the legislative services agency, the
23Iowa supreme court, and other departments or agencies for the
24purpose of determining the effectiveness and efficiency of the
25collection of such data.
26 Sec. 357. Section 216A.136, unnumbered paragraph 1, Code
272023, is amended to read as follows:
28The division department shall maintain an Iowa statistical
29analysis center for the purpose of coordinating with data
30resource agencies to provide data and analytical information to
31federal, state, and local governments, and assist agencies in
32the use of criminal and juvenile justice data. Notwithstanding
33any other provision of state law, unless prohibited by federal
34law or regulation, the division department shall be granted
35access, for purposes of research and evaluation, to criminal
-247-1history records, official juvenile court records, juvenile
2court social records, and any other data collected or under
3control of the board of parole, department of corrections,
4department of workforce development, district departments of
5correctional services, department of human services, judicial
6branch, and department of public safety. However, intelligence
7data and peace officer investigative reports maintained by the
8department of public safety shall not be considered data for
9the purposes of this section. Any record, data, or information
10obtained by the division department under this section and
11the division department itself is subject to the federal and
12state confidentiality laws and regulations which are applicable
13to the original record, data, or information obtained by the
14division department and to the original custodian of the
15record, data, or information. The access shall include but is
16not limited to all of the following:
17 Sec. 358. Section 216A.137, Code 2023, is amended to read
18as follows:
19216A.137 Correctional policy project.
201. The division department shall maintain an Iowa
21correctional policy project for the purpose of conducting
22analyses of major correctional issues affecting the criminal
23and juvenile justice system. The board shall identify and
24prioritize the issues and studies to be addressed by the
25division department through this project and shall report
26project plans and findings annually along with the report
27required in section 216A.135. Issues and studies to be
28considered by the board shall include but are not limited
29to a review of the information systems available to assess
30corrections trends and program effectiveness, the development
31of an evaluation plan for assessing the impact of corrections
32expenditures, and a study of the desirability and feasibility
33of changing the state’s sentencing practices, which includes
34a prison population forecast.
352. The division department may form subcommittees for the
-248-1purpose of addressing major correctional issues affecting the
2criminal and juvenile justice system. The division department
3 shall establish a subcommittee to address issues specifically
4affecting the juvenile justice system.
5 Sec. 359. Section 216A.138, subsections 1, 2, 4, and 7, Code
62023, are amended to read as follows:
71. The division department shall coordinate the development
8of a multiagency database to track the progress of juveniles
9through various state and local agencies and programs. The
10division department shall develop a plan which utilizes
11existing databases, including the Iowa court information
12system, the federally mandated national adoption and foster
13care information system, and the other state and local
14databases pertaining to juveniles, to the extent possible.
152. The department of human services, department of
16 corrections, judicial branch, department of public safety,
17department of education, local school districts, and other
18state agencies and political subdivisions shall cooperate with
19the division department in the development of the plan.
204. The division department shall develop the plan within
21the context of existing federal privacy and confidentiality
22requirements. The plan shall build upon existing resources and
23facilities to the extent possible.
247. If the division department has insufficient funds and
25resources to implement this section, the division department
26 shall determine what, if any, portion of this section may be
27implemented, and the remainder of this section shall not apply.
28 Sec. 360. Section 216A.140, subsection 5, Code 2023, is
29amended to read as follows:
305. Membership. The youth development council membership
31shall be determined by the council itself and shall include the
32directors or chief administrators, or their designees, from the
33following state agencies and programs:
34a. Child advocacy board.
35b. Iowa commission on volunteer service in the office of
-249-1the governor.
2c. b. Department of education.
3d. Department of human rights.
4e. Department of human services.
5f. c. Department of public health and human services.
6g. d. Department of workforce development.
7h. e. Governor’s office of drug control policy.
8i. f. Iowa cooperative extension service in agriculture and
9home economics.
10j. Early childhood Iowa office in the department of
11management.
12 Sec. 361. Section 216A.140, subsection 8, paragraphs b and
13c, Code 2023, are amended to read as follows:
14b. The youth advisory council shall consist of no more
15than twenty-one youth ages fourteen through twenty years who
16reside in Iowa. Membership shall be for two-year staggered
17terms. The department director, or the director’s designee,
18 shall select council members using an application process. The
19department director or the director’s designee shall strive
20to maintain a diverse council membership and shall take into
21consideration race, ethnicity, disabilities, gender, and
22geographic location of residence of the applicants.
23c. Except as otherwise provided by law, the youth advisory
24council shall determine its own rules of procedure and
25operating policies, subject to approval by the department
26 director or the director’s designee.
27 Sec. 362. Section 216A.141, subsection 2, Code 2023, is
28amended to read as follows:
292. “Office” means the office on the status of African
30Americans of the department of human rights.
31 Sec. 363. Section 216A.151, subsection 3, Code 2023, is
32amended to read as follows:
333. “Office” means the office of Asian and Pacific Islander
34affairs of the department of human rights.
35 Sec. 364. Section 216A.161, subsection 2, Code 2023, is
-250-1amended to read as follows:
22. “Office” means the office of Native American affairs of
3the department of human rights.
4 Sec. 365. Section 216D.2, subsection 2, Code 2023, is
5amended to read as follows:
62. “Public office building” means the state capitol, all
7county courthouses, all city halls, and all buildings used
8primarily for governmental offices of the state or any county
9or city. It does not include public schools or buildings
10at institutions of the state board of regents or the state
11 department of health and human services.
12 Sec. 366. NEW SECTION. 217.01 Definitions.
13As used in this chapter, unless the context otherwise
14requires:
151. “Council” means the council on health and human services.
162. “Department” means the department of health and human
17services.
183. “Director” means the director of health and human
19services.
20 Sec. 367. Section 217.1, Code 2023, is amended to read as
21follows:
22217.1 Programs of department.
23There is established a department of health and human
24services to administer programs designed to protect and improve
25the health, well-being, and productivity of the people of
26the state of Iowa. The department shall concern itself with
27the problems of human behavior, adjustment, and daily living
28through the administration of programs of family, child, and
29adult welfare, economic assistance including costs of medical
30care, rehabilitation toward self-care and support, delinquency
31prevention and control, treatment and rehabilitation of
32juvenile offenders, care and treatment of persons with mental
33illness or an intellectual disability, public health, and other
34related programs as provided by law.
35 Sec. 368. Section 217.2, Code 2023, is amended to read as
-251-1follows:
2217.2 Council on health and human services.
31. a. There is created within the department of human
4services a council on health and human services which shall
5act in a policymaking and advisory capacity on matters within
6the jurisdiction of the department. The council shall consist
7of seven nine voting members appointed by the governor subject
8to confirmation by the senate. Appointments shall be made
9on the basis of interest in public affairs, good judgment,
10and knowledge and ability in the field of health and human
11services. Appointments shall be made to provide a diversity of
12interest and point of view in the membership and without regard
13to religious opinions or affiliations. The voting members of
14the council shall serve for six-year staggered terms.
15b. Each term of a voting member shall commence and end as
16provided by section 69.19.
17c. All voting members of the council shall be electors
18of the state of Iowa. No more than four five members shall
19belong to the same political party and no more than two three
20 members shall, at the time of appointment, reside in the same
21congressional district. At least one member of the council
22shall be a member of a county board of supervisors at the time
23of appointment to the council. At least one member of the
24council shall be a physician licensed to practice medicine in
25Iowa. Vacancies occurring during a term of office shall be
26filled in the same manner as the original appointment for the
27balance of the unexpired term subject to confirmation by the
28senate.
292. In addition to the voting members described in subsection
301, the membership of the council shall include four legislators
31as ex officio, nonvoting members. The four legislators shall
32be appointed one each by the majority leader of the senate,
33the minority leader of the senate, the speaker of the house
34of representatives, and the minority leader of the house of
35representatives for terms as provided in section 69.16B.
-252-1 Sec. 369. Section 217.3, Code 2023, is amended to read as
2follows:
3217.3 Duties of council.
4The council on human services shall:
51. Organize annually and select a chairperson and vice
6chairperson.
72. Adopt and establish policy for the operation and
8conduct of the department of human services, subject to any
9guidelines which may be adopted by the general assembly, and
10the implementation of all services and programs thereunder
11 administered by the department.
123. Report immediately to the governor any failure by the
13director or any administrator of the department of human
14services to carry out any of the policy decisions or directives
15of the council.
164. Approve the budget of the department of human services
17 prior to submission to the governor. Prior to approval of the
18budget, the council shall publicize and hold a public hearing
19to provide explanations and hear questions, opinions, and
20suggestions regarding the budget. Invitations to the hearing
21shall be extended to the governor, the governor-elect, the
22director of the department of management, and other persons
23deemed by the council as integral to the budget process. The
24budget materials submitted to the governor shall include a
25review of options for revising the medical assistance program
26made available by federal action or by actions implemented
27by other states as identified by the department, the medical
28assistance advisory council created in section 249A.4B, and
29by county representatives. The review shall address what
30potential revisions could be made in this state and how the
31changes would be beneficial to Iowans.
325. Insure that all programs administered or services
33rendered by the department directly to any citizen or through
34a local agency to any citizen are coordinated and integrated
35so that any citizen does not receive a duplication of services
-253-1from various departments or local agencies that could be
2rendered by one department or local agency. If the council
3finds that such is not the case, it shall hear and determine
4which department or local agency shall provide the needed
5service or services and enter an order of their determination
6by resolution of the council which must be concurred in by
7at least a majority of the members. Thereafter such order
8or resolution of the council shall be obeyed by all state
9departments and local agencies to which it is directed.
106. Adopt all necessary rules recommended by the director or
11administrators of divisions hereinafter established department
12 prior to their promulgation pursuant to chapter 17A.
137. Approve the establishment of any new division or
14reorganization, consolidation or abolition of any established
15division prior to the same becoming effective.
168. 7. Recommend to the governor the names of individuals
17qualified for the position of director of human services when a
18vacancy exists in the office.
19 Sec. 370. Section 217.3A, Code 2023, is amended to read as
20follows:
21217.3A Advisory committees.
221. General. The council on human services shall establish
23and utilize the advisory committee identified in this section
24 and may establish and utilize other ad hoc advisory committees
25as determined necessary to advise the council. The council
26shall establish appointment provisions, membership terms,
27operating guidelines, and other operational requirements for
28committees established pursuant to this section.
292. Child abuse prevention. The council shall establish a
30child abuse prevention program advisory committee to support
31the child abuse prevention program implemented in accordance
32with section 235A.1. The duties of the advisory committee
33shall include all of the following:
34a. Advise the director of human services and the
35administrator of the division of the department of human
-254-1services responsible for child and family programs regarding
2expenditures of funds received for the child abuse prevention
3program.
4b. Review the implementation and effectiveness of
5legislation and administrative rules concerning the child abuse
6prevention program.
7c. Recommend changes in legislation and administrative rules
8to the general assembly and the appropriate administrative
9officials.
10d. Require reports from state agencies and other entities as
11necessary to perform its duties.
12e. Receive and review complaints from the public concerning
13the operation and management of the child abuse prevention
14program.
15f. Approve grant proposals.
16 Sec. 371. Section 217.4, Code 2023, is amended to read as
17follows:
18217.4 Meetings of council.
19The council shall meet at least monthly. Additional
20meetings shall be called by the chairperson or upon written
21request of any three council members thereof as necessary to
22carry out the duties of the council. The chairperson shall
23preside at all meetings or in the absence of the chairperson
24the vice chairperson shall preside. The members of the council
25shall be paid a per diem as specified in section 7E.6 and their
26reasonable and necessary expenses.
27 Sec. 372. Section 217.5, Code 2023, is amended to read as
28follows:
29217.5 Director of health and human services.
30The chief administrative officer for the department of human
31services is the director of human services. The director shall
32be appointed by the governor subject to confirmation by the
33senate and shall serve at the pleasure of the governor. The
34governor shall fill a vacancy in this office in the same manner
35as the original appointment was made. The director shall be
-255-1selected primarily for administrative ability. The director
2shall not be selected on the basis of political affiliation
3and shall not engage in political activity while holding this
4position.
5 Sec. 373. NEW SECTION. 217.5A Attorneys — legal counsel
6and advice.
7Notwithstanding section 13.7, the department may employ or
8retain attorneys to provide legal counsel and advice. However,
9section 13.7 shall govern the employment or retention of
10attorneys by the department to represent the department in any
11action or proceeding brought in any court or tribunal.
12 Sec. 374. Section 217.6, Code 2023, is amended to read as
13follows:
14217.6 Rules and regulations — organization of department.
151. The director is hereby authorized to may recommend
16to the council for adoption such rules and regulations as
17are necessary to carry into practice administer the duties,
18functions, and programs of the various divisions and to
19establish such divisions and to assign or reassign duties,
20powers, and responsibilities within the department, all with
21the approval of the council on human services, within the
22department as the director deems necessary and appropriate
23for the proper administration of the duties, functions and
24programs with which the department is charged. Any action
25taken, decision made, or administrative rule adopted by any
26administrator of a division may be reviewed by the director.
27The director, upon such review, may affirm, modify, or reverse
28any such action, decision, or rule.
292. The rules and regulations adopted for the public benefits
30and programs administered by the department of human services
31 shall apply the residency eligibility restrictions required by
32federal and state law.
333. The director shall organize the department of human
34services into divisions subunits as necessary to most
35efficiently carry out in an efficient manner the intent
-256-1of this chapter and any other chapter the department is
2responsible for administering. The department of human
3services may be initially divided into the following divisions
4of responsibility:
5a. The division of child and family services.
6b. The division of mental health and disability services.
7c. The division of administration.
8d. The division of planning, research, and statistics.
94. If the department of human services requires or requests
10a service consumer, service provider, or other person to
11maintain required documentation in electronic form, the
12department shall accept such documentation submitted by
13electronic means and shall not require a physical copy of the
14documentation unless required by state or federal law.
15 Sec. 375. Section 217.13, Code 2023, is amended to read as
16follows:
17217.13 Department to provide certain volunteer services —
18volunteer liability.
191. The department of human services shall establish
20volunteer programs designed to enhance the services provided
21by the department. Roles for volunteers may include but shall
22not be limited to parent aides, friendly visitors, commodity
23distributors, clerical assistants, medical transporters, and
24other functions to complement and supplement the department’s
25work with clients. Roles for volunteers shall include
26conservators and guardians. The department shall adopt rules
27for programs which are established.
282. a. The director shall appoint a coordinator of volunteer
29services to oversee the provision of services of volunteer
30conservators and guardians on a volunteer basis to individuals
31in this state requiring such services. The coordinator,
32after consulting with personnel assigned to the district of
33the department, shall recommend to the director how best to
34serve the needs of individuals in need of the services of a
35guardian or conservator. Where possible, the coordinator shall
-257-1recommend that the services be provided on a multicounty basis.
2b. The coordinator shall cooperate with the administrators
3of the divisions of the department in providing these services
4and shall seek out alternative sources for providing the
5services required under this section.
63. All volunteers registered with the department and
7in compliance with departmental rules are considered state
8employees for purposes of chapter 669. However, this section
9does not except a conservator or guardian from an action
10brought under section 658.1A or 658.3. This section does not
11relieve a guardian or conservator from duties under chapter
12633.
13 Sec. 376. Section 217.18, Code 2023, is amended to read as
14follows:
15217.18 Official seal.
16The department shall have an official seal with the words
17“Iowa Department of Health and Human Services” and such other
18design as the department prescribes engraved thereon on the
19seal. Every commission, order, or other paper of an official
20nature executed by the department may be attested with such the
21 seal.
22 Sec. 377. Section 217.19, Code 2023, is amended to read as
23follows:
24217.19 Expenses.
251. The director of said department, and the director’s
26staff, assistants, and employees shall, in addition to salary,
27receive their necessary traveling expenses by the nearest
28traveled and practicable route, when engaged in the performance
29of official business.
302. The department of administrative services shall work
31with the department of human services to develop and implement
32an expense policy applicable to the members of a board,
33commission, committee, or other body under the auspices of the
34department of human services who meet the income requirements
35for payment of per diem in accordance with section 7E.6,
-258-1subsection 2. The policy shall allow for the payment of
2the member’s expenses to be addressed through use of direct
3billings, travel purchase card, prepaid expenses, or other
4alternative means of addressing the expenses in lieu of
5reimbursement of the member.
6 Sec. 378. Section 217.21, Code 2023, is amended to read as
7follows:
8217.21 Annual report.
9The department shall, annually, at the time provided by law
10make a report to the governor and general assembly, and cover
11therein in the report the annual period ending with June 30
12preceding, which report shall embrace include:
131. An itemized statement of its the department’s
14 expenditures concerning each program under its the department’s
15 administration.
162. Adequate and complete statistical reports for the
17state as a whole concerning all payments made under its the
18department’s administration.
193. Such recommendations as to changes in laws under its the
20department’s administration as the director may deem necessary.
214. The observations and recommendations of the director and
22the council on human services relative to the programs of the
23department.
245. Such other information as the director or council on
25human services may deem deems advisable, or which may be
26requested by the governor or by the general assembly.
27 Sec. 379. Section 217.23, Code 2023, is amended to read as
28follows:
29217.23 Personnel — merit system — reimbursement for damaged
30property.
311. The director of human services or the director’s
32designee, shall employ such personnel as are necessary for the
33performance of the duties and responsibilities assigned to
34the department. All employees shall be selected on a basis
35of fitness for the work to be performed with due regard to
-259-1training and experience and shall be subject to the provisions
2of chapter 8A, subchapter IV.
32. The department may expend moneys from the support
4allocation of the department as reimbursement for replacement
5or repair of personal items of the department’s employees
6damaged or destroyed by clients of the department during the
7employee’s tour of duty. However, the reimbursement shall not
8exceed three hundred dollars for each item. The department
9shall establish rules in accordance with chapter 17A to carry
10out the purpose of this section.
11 Sec. 380. Section 217.24, Code 2023, is amended to read as
12follows:
13217.24 Payment by electronic funds transfer.
14The department of human services shall continue expanding
15the practice of making payments to program participants and
16vendors by means of electronic funds transfer. The department
17shall seek the capacity for making payment by such means for
18all programs administered by the department.
19 Sec. 381. Section 217.32, Code 2023, is amended to read as
20follows:
21217.32 Office space in county.
22Where When the department of human services assigns
23personnel to an office located in a county for the purpose of
24performing in that county designated eligibility for economic
25and medical assistance programs and protective services duties
26and responsibilities assigned by law to the department, it
27shall be the responsibility of the county to provide and
28maintain the necessary office space and office supplies and
29equipment for the personnel so assigned in the same manner as
30if they were employees of the county. The department shall at
31least annually, or more frequently if the department so elects,
32reimburse the county for a portion, designated by law, of the
33cost of maintaining office space and providing supplies and
34equipment as required by this section, and also for a similar
35portion of the cost of providing the necessary office space if
-260-1in order to do so it is necessary for the county to lease office
2space outside the courthouse or any other building owned by the
3county. The portion of the foregoing costs reimbursed to the
4county under this section shall be equivalent to the proportion
5of those costs which the federal government authorizes to be
6paid from available federal funds, unless the general assembly
7directs otherwise when appropriating funds for support of the
8department.
9 Sec. 382. Section 217.33, Code 2023, is amended to read as
10follows:
11217.33 Legal services.
12The director of human services pursuant to a state plan
13funded in part by the federal government may provide services
14for eligible persons by contract with nonprofit legal aid
15organizations.
16 Sec. 383. Section 217.34, Code 2023, is amended to read as
17follows:
18217.34 Debt setoff.
19The investigations division of the department of inspections
20and appeals and the department of human services shall provide
21assistance to set off against a person’s or provider’s income
22tax refund or rebate any debt which has accrued through written
23contract, nonpayment of premiums pursuant to section 249A.3,
24subsection 2, paragraph “a”, subparagraph (1), subrogation,
25departmental recoupment procedures, or court judgment and which
26is in the form of a liquidated sum due and owing the department
27of human services. The department of inspections and appeals,
28with approval of the department of human services, shall adopt
29rules under chapter 17A necessary to assist the department of
30administrative services in the implementation of the setoff
31under section 8A.504 in regard to money owed to the state for
32public assistance overpayments or nonpayment of premiums as
33specified in this section. The department of human services
34 shall adopt rules under chapter 17A necessary to assist the
35department of administrative services in the implementation of
-261-1the setoff under section 8A.504, in regard to collections by
2the child support recovery unit services and the foster care
3recovery unit services.
4 Sec. 384. Section 217.35, Code 2023, is amended to read as
5follows:
6217.35 Fraud and recoupment activities.
7Notwithstanding the requirement for deposit of recovered
8moneys under section 239B.14, recovered moneys generated
9through fraud and recoupment activities are appropriated to
10the department of human services to be used for additional
11fraud and recoupment activities performed by the department of
12human services or the department of inspections and appeals.
13The department of human services may use the recovered
14moneys appropriated to add not more than five full-time
15equivalent positions, in addition to those funded by annual
16appropriations. The appropriation of the recovered moneys is
17subject to both of the following conditions:
181. The director of human services determines that the
19investment can reasonably be expected to increase recovery of
20assistance paid in error, due to fraudulent or nonfraudulent
21actions, in excess of the amount recovered in the previous
22fiscal year.
232. The amount expended for the additional fraud and
24recoupment activities shall not exceed the amount of the
25projected increase in assistance recovered.
26 Sec. 385. Section 217.36, Code 2023, is amended to read as
27follows:
28217.36 Distribution of earned income tax credit information.
291. The department shall ensure that educational materials
30relating to the federal and state earned income tax credits
31are provided in accordance with this section to each household
32receiving assistance or benefits under:
33a. The hawk-i Hawki program under chapter 514I.
34b. The family investment program under chapter 239B.
35c. The medical assistance Act program under chapter 249A.
-262- 1d. The food programs defined in section 234.1 which are
2administered by the department.
3e. Any other appropriate programs administered by, or under
4the oversight of, the department of human services.
52. The department shall, by mail or through the internet,
6provide a household described in subsection 1 with access to:
7a. Internal revenue service publications relating to the
8federal earned income tax credit.
9b. Department of revenue publications relating to the state
10earned income tax credit.
11c. Information prepared by tax preparers who provide
12volunteer or free federal or state income tax preparation
13services to low-income and other eligible persons and who are
14located in close geographic proximity to the person.
153. In January of each year, the department or a
16representative of the department shall mail to each household
17described in subsection 1 information about the federal and
18state earned income tax credit that provides the household with
19referrals to the resources described in subsection 2.
204. The mailings required by the department under this
21section do not have to be made as a separate mailing but may
22be included in existing mailings being made to the appropriate
23households.
24 Sec. 386. Section 217.40, Code 2023, is amended to read as
25follows:
26217.40 Training for guardians and conservators.
27The department of human services, or a person designated
28by the director, shall establish training programs designed
29to assist all duly appointed guardians and conservators in
30understanding their fiduciary duties and liabilities, the
31special needs of the ward, and how to best serve the ward and
32the ward’s interests.
33 Sec. 387. Section 217.41, Code 2023, is amended to read as
34follows:
35217.41 Refugee services foundation.
-263- 11. The department of human services shall cause a refugee
2services foundation to be created for the sole purpose of
3engaging in refugee resettlement activities to promote the
4welfare and self-sufficiency of refugees who live in Iowa and
5who are not citizens of the United States. The foundation may
6establish an endowment fund to assist in the financing of its
7activities. The foundation shall be incorporated under chapter
8504.
92. The foundation shall be created in a manner so that
10donations and bequests to the foundation qualify as tax
11deductible under federal and state income tax laws. The
12foundation is not a state agency and shall not exercise
13sovereign power of the state. The state is not liable for any
14debts of the foundation.
153. The refugee services foundation shall have a board
16of directors of five members. One member shall be appointed
17by the governor and four members shall be appointed by the
18director of human services. Members of the board shall serve
19three-year terms beginning on July 1, and ending on June 30. A
20vacancy on the board shall be filled in the same manner as the
21original appointment for the remainder of the term. Not more
22than two members appointed by the director of human services
23 shall be of the same gender or of the same political party.
244. The refugee services foundation may accept and
25administer trusts deemed by the board to be beneficial.
26Notwithstanding section 633.63, the foundation may act as
27trustee of such a trust.
28 Sec. 388. Section 217.41B, subsection 1, Code 2023, is
29amended to read as follows:
301. The department of human services shall discontinue the
31Medicaid family planning network waiver effective July 1, 2017,
32and shall instead establish a state family planning services
33program. The state program shall replicate the eligibility
34requirements and other provisions included in the Medicaid
35family planning network waiver as approved by the centers for
-264-1Medicare and Medicaid services of the United States department
2of health and human services in effect on June 30, 2017.
3 Sec. 389. Section 217.41B, subsection 3, paragraph a,
4subparagraph (2), Code 2023, is amended to read as follows:
5(2) The department of human services shall adopt rules
6pursuant to chapter 17A to require that as a condition of
7eligibility as a provider under the family planning services
8program, each distinct location of a nonprofit health care
9delivery system shall enroll in the program as a separate
10provider, be assigned a distinct provider identification
11number, and complete an attestation that abortions are not
12performed at the distinct location.
13 Sec. 390. Section 217.41C, subsection 1, paragraph a, Code
142023, is amended to read as follows:
15a. The department of human services shall create the more
16options for maternal support program, a statewide program to
17promote healthy pregnancies and childbirth through nonprofit
18organizations that provide pregnancy support services.
19 Sec. 391. Section 217.41C, subsection 3, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21The department of human services shall issue a request for
22proposals to select a program administrator for the program.
23A program administrator shall meet all of the following
24requirements:
25 Sec. 392. Section 217.41C, subsections 5 and 6, Code 2023,
26are amended to read as follows:
275. The department of human services shall publish the
28program administrator and subcontractor criteria on the
29department’s internet site.
306. The department of human services shall adopt rules
31pursuant to chapter 17A to administer the program, and shall
32provide technical assistance to the program administrator,
33monitor the program administrator for adherence to state and
34federal requirements, and collect and maintain program data.
35 Sec. 393. Section 217.41C, subsection 7, unnumbered
-265-1paragraph 1, Code 2023, is amended to read as follows:
2Beginning October 1, 2023, and on or before October
31 annually thereafter, the department of human services
4 shall submit to the general assembly the following program
5information relative to the prior fiscal year:
6 Sec. 394. Section 217.42, Code 2023, is amended to read as
7follows:
8217.42 Service areas — County offices.
91. The organizational structure to deliver the department’s
10field services shall be based upon service areas designated by
11the department. The service areas shall serve as a basis for
12providing field services to persons residing in the counties
13comprising the service area.
142. 1. The department shall maintain an office in each
15county. Based on the annual appropriations for field
16operations, the department shall strive to maintain a full-time
17presence in each county. If it is not possible to maintain a
18full-time presence in each county, the department shall provide
19staff based on its caseweight system to assure the provision of
20services. The department shall consult with the county boards
21of supervisors of those counties regarding staffing prior to
22any modification of office hours.
233. 2. A county or group of counties may voluntarily enter
24into a chapter 28E agreement with the department to provide
25funding or staff persons to deliver field services in county
26offices. The agreement shall cover the full fiscal year but
27may be revised by mutual consent.
28 Sec. 395. Section 217.43, Code 2023, is amended to read as
29follows:
30217.43 Service area County advisory boards — location of
31county offices.
321. a. The department shall establish a service area one
33or more advisory board in each service area boards. Each of
34the county boards of supervisors of the counties comprising
35the service area shall appoint two service area advisory board
-266-1members. All of the following requirements apply to the
2appointments made by a county board of supervisors:
3(1) The membership shall be appointed in accordance with
4section 69.16, relating to political affiliation, and section
569.16A, relating to gender balance.
6(2) Not more than one of the members shall be a member of
7the board of supervisors.
8(3) Appointments shall be made on the basis of interest in
9maintaining and improving service delivery.
10b. Appointments shall be made a part of the regular
11proceedings of the board of supervisors and shall be filed with
12the county auditor and the service area manager department. A
13vacancy on the board shall be filled in the same manner as the
14original appointment.
15c. The boards of supervisors shall develop and agree to
16other organizational provisions involving the advisory board,
17including reporting requirements.
182. The purpose of the advisory boards is to improve
19communication and coordination between the department and the
20counties and to advise the department regarding maintenance and
21improvement of service delivery in the counties and communities
22comprising the service areas.
233. The department shall determine the community in which
24each county office will be located. The county board of
25supervisors shall determine the location of the office space
26for the county office. The county board of supervisors shall
27make reasonable efforts to collocate the office with other
28state and local government or private entity offices in order
29to maintain the offices in a cost-effective location that is
30convenient to the public.
31 Sec. 396. Section 217.44, Code 2023, is amended to read as
32follows:
33217.44 Service areas Department offices — employee and
34volunteer record checks.
351. The record check evaluation system of the department
-267-1shall conduct criminal and child and dependent adult abuse
2record checks of persons who are potential employees,
3employees, potential volunteers, and volunteers in service area
4 department offices in a position having direct contact with the
5department’s clients. The record checks shall be performed in
6this state and the department record check evaluation system
7 may conduct these checks in other states. If the department
8 record check evaluation system determines that a person has
9been convicted of a crime or has a record of founded child or
10dependent adult abuse, the department record check evaluation
11system shall perform an evaluation to determine whether the
12crime or founded abuse warrants prohibition of the person’s
13employment or participation as a volunteer. The record checks
14and evaluation shall be performed in accordance with procedures
15adopted for this purpose by the department.
162. In an evaluation, the department record check evaluation
17system shall consider the nature and seriousness of the crime
18or founded child or dependent adult abuse in relation to the
19position sought or held, the time elapsed since the commission
20of the crime or founded abuse, the circumstances under which
21the crime or founded abuse was committed, the degree of
22rehabilitation, the likelihood that the person will commit
23the crime or founded abuse again, and the number of crimes or
24founded abuses committed by the person involved.
253. The department record check evaluation system may permit
26a person who is evaluated to be employed or to participate as a
27volunteer if the person complies with the department’s record
28check evaluation system’s conditions relating to employment or
29participation as a volunteer which may include completion of
30additional training.
314. If the department record check evaluation system
32 determines that the person has committed a crime or has a
33record of founded child or dependent adult abuse which warrants
34prohibition of employment or participation as a volunteer, the
35person shall not be employed by or participate as a volunteer
-268-1in a department service area office in a position having direct
2contact with the department’s clients.
3 Sec. 397. Section 217.45, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5A background investigation may be conducted by the
6department of human services on all of the following
7individuals:
8 Sec. 398. Section 218.1, Code 2023, is amended to read as
9follows:
10218.1 Institutions controlled.
11The director of human services shall have the general and
12full authority given under statute to control, manage, direct,
13and operate the following institutions under the director’s
14jurisdiction, and may at the director’s discretion assign
15the powers and authorities given the director by statute to
16any one of the deputy directors, division administrators, or
17officers or employees of the divisions of the department of
18human services a superintendent:
191. Glenwood state resource center.
202. Woodward state resource center.
213. Mental health institute, Cherokee, Iowa.
224. Mental health institute, Independence, Iowa.
235. State training school.
246. Iowa juvenile home.
257. Other facilities not attached to the campus of the main
26institution as program developments require.
27 Sec. 399. Section 218.2, Code 2023, is amended to read as
28follows:
29218.2 Powers of governor — report of abuses.
301. Nothing contained in section 218.1 shall limit the
31general supervisory or examining powers vested in the governor
32by the laws or Constitution of the State of Iowa, or legally
33vested by the governor in any committee appointed by the
34governor.
352. The administrator superintendent to whom primary
-269-1responsibility for a particular institution has been assigned
2shall make reports to the director of human services as are
3 requested by the director and the director shall report, in
4writing, to the governor any abuses found to exist in any of
5the institutions.
6 Sec. 400. Section 218.3, Code 2023, is amended to read as
7follows:
8218.3 Definitions.
9For the purposes of this chapter, unless the context
10otherwise requires:
111. “Administrator” means the person to whom the director
12of human services has assigned power and authority over an
13institution in accordance with section 218.1. “Council” means
14the council on health and human services.
152. “Department” means the department of health and human
16services.
173. “Director” means the director of health and human
18services.
192. 4. “Institution” means an institution listed in section
20218.1.
215. “Resident” means a person committed or admitted to an
22institution and is synonymous with patient, as appropriate to
23the institution.
246. “Superintendent” means the person to whom primary
25responsibility for a particular institution has been assigned.
26 Sec. 401. Section 218.4, Code 2023, is amended to read as
27follows:
28218.4 Recommendation for rules.
291. The administrators of particular institutions department
30 shall recommend to the council on human services for adoption
31such rules not inconsistent with law as they may deem necessary
32for the discharge of their duties, the management of each
33of such the institutions, and the admission, of residents
34thereto and the treatment, care, custody, education and
35discharge of residents. It is made the duty of the particular
-270-1administrators department to establish rules by which danger
2to life and property from fire will be minimized. In the
3discharge of their duties and in the enforcement of their
4rules, they The department may require any of their appointees
5to perform duties in addition to those required by statute.
62. Rules adopted by the council pursuant to chapter 17A
7shall be uniform and shall apply to all institutions under the
8particular administrator and to all other institutions under
9the administrator’s department’s jurisdiction. The primary
10rules for use in institutions where persons with mental illness
11are served shall, unless otherwise indicated, uniformly apply
12to county or private hospitals in which persons with mental
13illness are served, but the rules shall not interfere with
14proper medical treatment administered to patients such persons
15 by competent physicians. Annually, signed copies of the rules
16shall be sent to the superintendent of each institution or
17hospital under the control or supervision of a particular
18administrator. Copies shall also be sent to the clerk of each
19district court, the chairperson of the board of supervisors
20of each county and, as appropriate, to the officer in charge
21of institutions or hospitals caring for persons with mental
22illness in each county who shall be responsible for seeing
23that the rules are posted in each institution or hospital in a
24prominent place. The rules shall be kept current to meet the
25public need and shall be revised and published annually.
263. The state fire marshal shall cause to be made an annual
27inspection of all the institutions listed in section 218.1 and
28shall make provide a written report thereof of each inspection
29 to the particular administrator of the state department of
30human services in control of such institution.
31 Sec. 402. Section 218.5, Code 2023, is amended to read as
32follows:
33218.5 Fire protection contracts.
34The administrators shall have power to department may
35 enter into contracts with the governing body of any city or
-271-1other municipal corporation for the protection from fire of
2any property under the administrators’ department’s primary
3control, located in any municipal corporation or in territory
4contiguous to the municipal corporation, upon terms as may be
5agreed upon.
6 Sec. 403. Section 218.6, Code 2023, is amended to read as
7follows:
8218.6 Transfer of appropriations made to institutions.
91. Notwithstanding section 8.39, subsection 1, without the
10prior written consent and approval of the governor and the
11director of the department of management, the director of human
12services may transfer funds between the appropriations made for
13the institutions, listed as follows:
14a. The state resource centers.
15b. The state mental health institutes.
16c. The state training school.
17d. The civil commitment unit for sexual offenders.
182. The department shall report any transfer made pursuant
19to subsection 1 during a fiscal quarter to the legislative
20services agency within thirty days of the beginning of the
21subsequent fiscal quarter.
22 Sec. 404. Section 218.9, Code 2023, is amended to read as
23follows:
24218.9 Appointment of superintendents.
251. The administrator in charge of an institution, subject to
26the approval of the director of human services, shall appoint
27the superintendent of the institution. The tenure of office of
28a superintendent shall be at the pleasure of the administrator
29 director. The administrator director may transfer a
30superintendent or warden from one institution to another.
312. The superintendent or warden shall have immediate
32custody and control, subject to the orders and policies of the
33administrator in charge of the institution director, of all
34property used in connection with the institution except as
35provided in this chapter.
-272-1 Sec. 405. Section 218.10, Code 2023, is amended to read as
2follows:
3218.10 Subordinate officers and employees.
4The administrator in charge of a particular institution,
5with the consent and approval of the director of human
6services, shall determine the number of subordinate officers
7and employees for the institution. Subject to this chapter,
8the officers and employees shall be appointed and discharged
9by the superintendent or business manager the superintendent’s
10designee pursuant to chapter 8A, subchapter IV. The
11superintendent shall keep, in the record of each subordinate
12officer and employee, the date of employment, the compensation,
13and the date of each discharge, and the reasons for discharge.
14 Sec. 406. Section 218.12, Code 2023, is amended to read as
15follows:
16218.12 Bonds.
17The administrator in charge of any particular institution
18shall require each Each officer and any employee of such
19administrator and of every an institution under the
20administrator’s control who may be charged with the custody
21or control of any money or property belonging to the state to
22give shall provide an official bond, properly conditioned,
23and signed by sufficient sureties in a sum to be fixed by
24the administrator director, which bond shall be approved by
25the administrator director, and filed in the office of the
26secretary of state.
27 Sec. 407. Section 218.13, Code 2023, is amended to read as
28follows:
29218.13 Record checks.
301. For the purposes of this section, unless the context
31otherwise requires:
32a. “Department” means the department of human services.
33b. “Institution” means an institution controlled by the
34department as described in section 218.1.
35c. “Resident” means a person committed or admitted to an
-273-1institution.
22. 1. If a person is being considered for employment
3involving direct responsibility for a resident or with access
4to a resident when the resident is alone, or if a person
5will reside in a facility utilized by an institution, and
6if the person has been convicted of a crime or has a record
7of founded child or dependent adult abuse, the record check
8evaluation system of the department shall perform an evaluation
9to determine whether the crime or founded abuse warrants
10prohibition of employment or residence in the facility. The
11department record check evaluation system shall conduct
12criminal and child and dependent adult abuse record checks of
13the person in this state and may conduct these checks in other
14states. The investigation and evaluation shall be performed
15in accordance with procedures adopted for this purpose by the
16department.
173. 2. If the department record check evaluation system
18 determines that a person, who is employed by an institution
19or resides in a facility utilized by an institution, has
20been convicted of a crime or has a record of founded child
21or dependent adult abuse, the department record check
22evaluation system shall perform an evaluation to determine
23whether prohibition of the person’s employment or residence is
24warranted. The evaluation shall be performed in accordance
25with procedures adopted for this purpose by the department.
264. 3. In an evaluation, the department record check
27evaluation system shall consider the nature and seriousness of
28the crime or founded child or dependent adult abuse in relation
29to the position sought or held, the time elapsed since the
30commission of the crime or founded abuse, the circumstances
31under which the crime or founded abuse was committed, the
32degree of rehabilitation, the likelihood that the person will
33commit the crime or founded abuse again, and the number of
34crimes or founded abuses committed by the person involved.
35The department record check evaluation system may permit
-274-1a person who is evaluated to be employed or reside or to
2continue employment or residence if the person complies with
3the department’s record check evaluation system’s conditions
4relating to employment or residence which may include
5completion of additional training.
65. 4. If the department record check evaluation system
7 determines that the person has committed a crime or has a
8record of founded child or dependent adult abuse which warrants
9prohibition of employment or residence, the person shall not
10be employed by an institution or reside in a facility utilized
11by an institution.
12 Sec. 408. Section 218.14, Code 2023, is amended to read as
13follows:
14218.14 Dwelling of superintendent or other employee.
151. The administrator having control over an institution
16may, with consent of the director of human services, may
17 furnish the superintendent of the institution, in addition
18to salary, with a dwelling or with appropriate quarters in
19lieu of the dwelling, or the administrator may compensate the
20superintendent of the institution in lieu of furnishing a
21dwelling or quarters. If the superintendent of the institution
22is furnished with a dwelling or quarters, either of which is
23owned by the state, the superintendent may also be furnished
24with water, heat, and electricity.
252. The administrator having control over an institution
26 director may furnish assistant superintendents or other
27employees, or both, with a dwelling or with appropriate
28quarters, owned by the state. The assistant superintendent or
29employee, who is so furnished, shall pay rent for the dwelling
30or quarters in an amount to be determined by the superintendent
31of the institution director, which shall be the fair market
32rental value of the dwelling or quarters. If an assistant
33superintendent or employee is furnished with a dwelling or
34quarters, either of which is owned by the state, the assistant
35superintendent or employee may also be furnished with water,
-275-1heat, and electricity. However, the furnishing of these
2utilities shall be considered in determining the fair market
3rental value of the dwelling or quarters.
4 Sec. 409. Section 218.15, Code 2023, is amended to read as
5follows:
6218.15 Salaries — how paid.
7The salaries and wages shall be included in the semimonthly
8payrolls and paid in the same manner as other expenses of the
9several institutions.
10 Sec. 410. Section 218.17, Code 2023, is amended to read as
11follows:
12218.17 Authorized leave.
13Vacations and sick leave with pay as authorized in section
1470A.1 shall only be taken at such times as the superintendent
15or the business manager superintendent’s designee in charge
16of an officer or employee, as the case may be, may direct,
17and only after written authorization by the superintendent or
18business manager the superintendent’s designee, and for the
19number of days specified in the authorization. A copy of the
20authorization shall be attached to the institution’s copy of
21the payroll of the institution, for audit purposes, for the
22period during which the vacation was taken, and the semimonthly
23payroll shall show the number of days the person was absent
24under the authorization.
25 Sec. 411. Section 218.21, Code 2023, is amended to read as
26follows:
27218.21 Record of residents.
28The administrator of the department of human services in
29control of a state institution director shall, as to every
30person committed to any of the institutions, keep the following
31record:
321. Name.
332. Residence.
343. Sex.
354. Age.
-276- 15. Nativity.
26. Occupation.
37. Civil condition.
48. Date of entrance or commitment.
59. Date of discharge.
610. Whether a discharge was final.
711. Condition of the person when discharged.
812. The name of the institutions from which and to which
9such person has been transferred.
1013. If dead deceased, the date and cause of the person’s
11death.
12 Sec. 412. Section 218.22, Code 2023, is amended to read as
13follows:
14218.22 Record privileged.
15Except with the consent of the administrator in charge of an
16institution director, or on an order of a court of record, the
17record provided in section 218.21 shall be accessible only to
18the administrator of the division of the department of human
19services in control of such institution, the director of the
20department of human services and to assistants and proper
21clerks authorized by such administrator or the administrator’s
22 the director. The administrator of the division of such
23institution is authorized to director may permit the division
24of library services of the department of education and the
25historical division of the department of cultural affairs to
26copy or reproduce by any photographic, photostatic, microfilm,
27microcard or other process which accurately reproduces a
28durable medium for reproducing the original and to destroy
29in the manner described by law such records of residents
30designated in section 218.21.
31 Sec. 413. Section 218.23, Code 2023, is amended to read as
32follows:
33218.23 Reports to administrator director.
34The superintendent of an institution shall, within ten
35days after the commitment or entrance of a person to the
-277-1institution, cause a true copy of the person’s entrance record
2to be made and forwarded to the administrator in control of
3the institution director or the director’s designee. When a
4patient or resident leaves, or is discharged, or transferred
5from, or dies in an institution, the superintendent or person
6in charge shall within ten days after that date send the
7information to the office of the institution’s administrator
8 director or the director’s designee on forms which the
9administrator director prescribes.
10 Sec. 414. Section 218.24, Code 2023, is amended to read as
11follows:
12218.24 Questionable commitment.
13The superintendent is required to shall immediately
14notify the administrator in control of the superintendent’s
15particular institution director if there is any question as
16to the propriety of the commitment or detention of any person
17received at such an institution, and said administrator the
18director, upon such notification, shall inquire into the matter
19presented, and take such proper action as may be deemed proper
20in the premises.
21 Sec. 415. Section 218.26, Code 2023, is amended to read as
22follows:
23218.26 Religious worship.
24Any such resident, during the time of the resident’s
25detention, shall be allowed, for at least one hour on each
26Sunday weekly and in times of extreme sickness, and at such
27other suitable and reasonable times as is consistent with the
28resident’s religious belief and proper discipline in said
29 the institution, to receive spiritual advice, instruction,
30and ministration from any recognized member of the clergy of
31the church or denomination which represents the resident’s
32religious belief.
33 Sec. 416. Section 218.27, Code 2023, is amended to read as
34follows:
35218.27 Religious belief of minors.
-278- 1In case such If a resident is a minor and has formed no
2choice, the minor’s preference may, at any time, be expressed
3by the minor with the approval of parents or guardian, if the
4minor has any such a parent or guardian.
5 Sec. 417. Section 218.28, Code 2023, is amended to read as
6follows:
7218.28 Investigation.
8The administrator of the department of human services in
9control of a particular institution or the administrator’s
10authorized officer or employee director or the director’s
11designee shall visit, and minutely examine, at least once in
12six months, and more often if necessary or required by law,
13the institutions under such administrator’s control, and the
14financial condition and management thereof of the institutions.
15 Sec. 418. Section 218.29, Code 2023, is amended to read as
16follows:
17218.29 Scope of investigation.
18The administrator of the department of human services in
19control of a particular institution or the administrator’s
20authorized officer or employee director or the director’s
21designee shall, during such investigation and as far as
22possible, see every resident of each institution, especially
23those admitted since the director’s or the director’s
24designee’s preceding visit, and shall give such residents as
25may require it, suitable opportunity to converse with such
26administrator or authorized officer or employee the director or
27the director’s designee apart from the officers and attendants.
28 Sec. 419. Section 218.30, Code 2023, is amended to read as
29follows:
30218.30 Investigation of other institutions facilities.
31The administrators to whom control of institutions has been
32assigned, or their authorized officers or employees, director
33 may investigate or cause the investigation of charges of abuse,
34neglect, or mismanagement on the part of an officer or employee
35of a private institution facility which is subject to the
-279-1administrator’s particular director’s supervision or control.
2The administrator who has been assigned to have authority over
3the state mental health institutes, or the administrator’s
4authorized officer or employee, director shall also investigate
5or cause the investigation of charges concerning county care
6facilities in which persons with mental illness are served.
7 Sec. 420. Section 218.31, Code 2023, is amended to read as
8follows:
9218.31 Witnesses.
10In aid of any investigation the administrator shall have
11the power to department may summon and compel the attendance
12of witnesses; to examine the witnesses under oath, which the
13administrator shall have power to director or the director’s
14designee may administer; to have access to all books, papers,
15and property material to such investigation; and to order
16the production of any other books or papers material to the
17investigation. Witnesses other than those in the employ of the
18state shall be entitled to the same fees as in civil cases in
19the district court.
20 Sec. 421. Section 218.32, Code 2023, is amended to read as
21follows:
22218.32 Contempt.
23Any person failing or refusing to obey the orders of the
24administrator department issued under section 218.31, or to
25give or produce evidence when required, shall be reported by
26the administrator department to the district court in the
27county where the offense occurs, and shall be dealt with by the
28court as for contempt of court.
29 Sec. 422. Section 218.33, Code 2023, is amended to read as
30follows:
31218.33 Transcript of testimony.
32The particular administrator involved department shall cause
33the testimony taken at such investigation to be transcribed and
34filed in the administrator’s office at the seat of government
35 with the department within ten days after the same testimony
-280-1 is taken, or as soon thereafter as practicable, and when so
2 filed the same testimony shall be open for the inspection of
3any person.
4 Sec. 423. Section 218.41, Code 2023, is amended to read as
5follows:
6218.41 Custody.
7When a resident of an institution is so working outside the
8institution proper, the resident shall be deemed is at all
9times in the actual custody of the head superintendent of the
10institution.
11 Sec. 424. Section 218.42, Code 2023, is amended to read as
12follows:
13218.42 Wages of residents.
14If a resident performs services for the state at an
15institution listed in section 218.1, the administrator in
16control of the institution department shall pay the resident
17a wage in accordance with federal wage and hour requirements.
18However, the wage amount shall not exceed the amount of the
19prevailing wage paid in the state for a like service or its
20equivalent.
21 Sec. 425. Section 218.43, Code 2023, is amended to read as
22follows:
23218.43 Deduction to pay court costs.
24If wages are paid to a resident pursuant to section
25218.42, the administrator in control of an institution listed
26in section 218.1 department may deduct from the wages an
27amount sufficient to pay all or a part of the costs taxed
28to the resident by reason of the resident’s commitment to
29the institution. In such case the amount so deducted shall
30be forwarded to the clerk of the district court or proper
31official.
32 Sec. 426. Section 218.44, Code 2023, is amended to read as
33follows:
34218.44 Wages paid to dependent — deposits.
35If wages are paid to a resident pursuant to section 218.42,
-281-1the administrator in control of an institution listed in
2section 218.1 department may pay all or any part of the wages
3directly to any dependent of the resident. The administrator
4 department may also deposit the wages to the account of the
5resident, or may so deposit part of the wages and allow the
6resident a portion for the resident’s own personal use, or
7may pay to the county of commitment all or any part of the
8resident’s care, treatment, or subsistence while at said the
9 institution from any credit balance accruing to the account of
10the resident.
11 Sec. 427. Section 218.45, Code 2023, is amended to read as
12follows:
13218.45 Conferences.
14Quarterly conferences of the superintendents of the
15institutions shall be held with the administrator in control
16of the institutions director at Des Moines or at institutions
17under the administrator’s director’s jurisdiction, for the
18consideration of all matters relative to the management of
19the institutions. Full minutes of the conferences shall be
20preserved in the records of the administrator department.
21The administrator in control director may cause papers on
22appropriate subjects to be prepared and read presented at the
23conferences.
24 Sec. 428. Section 218.46, Code 2023, is amended to read as
25follows:
26218.46 Scientific investigation.
271. The administrator who is in charge of an institution
28 director shall encourage the scientific investigation, on
29the part of the superintendent and medical staff of the
30institution, as to the most successful methods of institutional
31management and treating treatment of the persons committed to
32the institution. In addition, the administrator department
33 shall procure and furnish to the superintendent and medical
34staff information relative to such management and treatment
35and, from time to time, publish bulletins and reports of
-282-1scientific and clinical work done in that type of institution.
22. The administrators of such state institutions are
3authorized to department may provide services and facilities
4for the scientific observation, rechecking, and treatment of
5persons with mental illness within the state. Application by,
6or on behalf of, any person for such services and facilities
7shall be made to the administrator in charge of the particular
8institution involved and shall be made director on forms
9furnished by such administrator the department. The time and
10place of admission of any person to outpatient or clinical
11services and facilities for scientific observation, rechecking,
12 and treatment and the use of such services and facilities for
13the benefit of persons who have already been hospitalized
14for psychiatric evaluation and appropriate treatment or
15involuntarily hospitalized as seriously mentally ill shall
16be in accordance with rules and regulations adopted by the
17administrator in control of the particular institution involved
18 department.
19 Sec. 429. Section 218.47, Code 2023, is amended to read as
20follows:
21218.47 Monthly report.
22The superintendent or business manager of each institution
23or the superintendent’s designee shall, on the first day of
24each month, account to the administrator in control of the
25particular institution director or the director’s designee for
26all state funds received during the preceding month, and, at
27the same time, remit the accounting to the treasurer of state.
28 Sec. 430. Section 218.48, Code 2023, is amended to read as
29follows:
30218.48 Annual reports.
31The superintendent or business manager of each institution
32or the superintendent’s designee shall make an annual report
33to the administrator in control of the particular institution
34 director and include in the report a detailed and accurate
35inventory of the stock and supplies on hand, and their amount
-283-1and value, under the following headings:
21. Livestock.
32. Farm produce on hand.
43. Vehicles.
54. Agricultural implements.
65. Machinery.
76. Mechanical fixtures.
87. Real estate.
98. Furniture.
109. Bedding in residents’ department.
1110. State property in superintendent’s department.
1211. Clothing.
1312. Dry goods.
1413. Provisions and groceries.
1514. Drugs and medicine.
1615. Fuel.
1716. Library.
1817. All other state property under appropriate headings
19to be determined by the particular administrator involved
20 director.
21 Sec. 431. Section 218.49, Code 2023, is amended to read as
22follows:
23218.49 Contingent fund.
24The administrator in control of an institution director
25 may permit the superintendent or the business manager of
26each institution or the superintendent’s designee to retain
27a stated amount of funds under the superintendent’s or
28business manager’s superintendent’s designee’s supervision
29as a contingent fund for the payment of freight, postage,
30commodities purchased on authority of the particular
31superintendent or business manager involved on a cash basis,
32salaries, and bills granting discount for cash.
33 Sec. 432. Section 218.50, Code 2023, is amended to read as
34follows:
35218.50 Requisition for contingent fund.
-284- 1If necessary, the director of the department of human
2services shall make proper requisition upon the director of
3the department of administrative services for a warrant on the
4state treasurer to secure the said contingent fund for each
5institution.
6 Sec. 433. Section 218.51, Code 2023, is amended to read as
7follows:
8218.51 Monthly reports of contingent fund.
9A monthly report of the status of such the contingent fund
10shall be submitted by the proper officer of said superintendent
11of each institution or the superintendent’s designee to
12the administrator in control of the institution involved
13and such director or the director’s designee in accordance
14with applicable rules as such administrator may establish
15 established by the director.
16 Sec. 434. Section 218.52, Code 2023, is amended to read as
17follows:
18218.52 Supplies — competition.
19The administrator in control of a state institution
20 department shall, in the purchase of supplies, afford all
21reasonable opportunity for competition, and shall give
22preference to local dealers and Iowa producers when such can be
23done without loss to the state.
24 Sec. 435. Section 218.55, Code 2023, is amended to read as
25follows:
26218.55 Purchase from an institution.
27An administrator The department may purchase supplies of
28any institution under the administrator’s control, for use in
29any other institution under the administrator’s control, and
30reasonable payment for the supplies shall be made as in the
31case of other purchases.
32 Sec. 436. Section 218.56, Code 2023, is amended to read as
33follows:
34218.56 Purchase of supplies — vendor warrants.
351. The administrators department shall, from time to time,
-285-1 adopt and make of record rules and regulations governing the
2purchase of all articles and supplies needed at the various
3institutions under their control and the form and verification
4of vouchers for such purchases.
52. The department of human services shall mail vendor
6warrants for the department of corrections.
7 Sec. 437. Section 218.57, Code 2023, is amended to read as
8follows:
9218.57 Combining appropriations.
10The director of the department of administrative services
11may combine the balances carried in all specific appropriations
12into a special account for each institution under the control
13of a particular administrator, except that the support fund for
14each institution shall be carried as a separate account.
15 Sec. 438. Section 218.58, Code 2023, is amended to read as
16follows:
17218.58 Construction, repair, and improvement projects —
18emergencies.
19The department shall work with the department of
20administrative services to accomplish the following
21responsibilities:
221. The department shall prepare and submit to the director
23of the department of management, as provided in section
248.23, a multiyear construction program including estimates of
25the expenditure requirements for the construction, repair,
26or improvement of buildings, grounds, or equipment at the
27institutions listed in section 218.1.
282. The director department shall have plans and
29specifications prepared by the department of administrative
30services for authorized construction, repair, or improvement
31projects costing over the competitive bid threshold in section
3226.3, or as established in section 314.1B. An appropriation
33for a project shall not be expended until the department of
34administrative services has adopted plans and specifications
35and has completed a detailed estimate of the cost of the
-286-1project, prepared under the supervision of a licensed architect
2or licensed professional engineer. Plans and specifications
3shall not be adopted and a project shall not proceed if the
4project would require an expenditure of money in excess of the
5appropriation.
63. The department of administrative services shall comply
7with the competitive bid procedures in chapter 26 to let all
8contracts under chapter 8A, subchapter III, for authorized
9construction, repair, or improvement of departmental buildings,
10grounds, or equipment.
114. If the director of the department of human services
12 and the director of the department of administrative services
13determine that emergency repairs or improvements estimated
14to cost more than the competitive bid threshold in section
1526.3, or as established in section 314.1B are necessary to
16assure the continued operation of a departmental institution,
17the requirements of subsections 2 and 3 for preparation
18of plans and specifications and competitive procurement
19procedures are waived. A determination of necessity for
20waiver by the director of the department of human services
21 and the director of the department of administrative services
22shall be in writing and shall be entered in the project
23record for emergency repairs or improvements. Emergency
24repairs or improvements shall be accomplished using plans and
25specifications and competitive quotation or bid procedures, as
26applicable, to the greatest extent possible, considering the
27necessity for rapid completion of the project. A waiver of
28the requirements of subsections 2 and 3 does not authorize an
29expenditure in excess of an amount otherwise authorized for the
30repair or improvement.
315. A claim for payment relating to a project shall be
32itemized on a voucher form pursuant to section 8A.514,
33certified by the claimant and the architect or engineer
34in charge, and audited and approved by the department of
35administrative services. Upon approval by the department of
-287-1administrative services, the director of the department of
2administrative services shall draw a warrant to be paid by the
3treasurer of state from funds appropriated for the project.
4A partial payment made before completion of the project does
5not constitute final acceptance of the work or a waiver of any
6defect in the work.
76. Subject to the prior approval of the administrator
8in control of a departmental institution director or the
9director’s designee, minor projects costing five thousand
10dollars or less may be authorized and completed by the
11executive head superintendent of the institution through the
12use of day labor. A contract is not required if a minor project
13is to be completed with the use of resident labor.
14 Sec. 439. Section 218.64, Code 2023, is amended to read as
15follows:
16218.64 Investigation of death.
171. For the purposes of this section, unless the context
18otherwise requires, “institution” and “resident” mean the same
19as defined in section 218.13.
202. Upon the death of a resident of an institution,
21the county medical examiner shall conduct a preliminary
22investigation of the death as provided in section 331.802. The
23cost of the preliminary investigation shall be paid by the
24department of human services.
25 Sec. 440. Section 218.65, Code 2023, is amended to read as
26follows:
27218.65 Property of deceased resident.
28The superintendent or business manager of each institution
29 department shall, upon the death of any resident or patient,
30immediately take possession of all property of the deceased
31left at the institution, and deliver the property to the duly
32appointed and qualified representative of the deceased.
33 Sec. 441. Section 218.66, Code 2023, is amended to read as
34follows:
35218.66 Property of small value.
-288- 1If administration be is not granted within one year from
2the date of the death of the decedent, and the value of the
3estate of the decedent is so small as to make the granting
4of administration inadvisable, then delivery of the money
5and other property left by the decedent may be made to the
6surviving spouse and heirs of the decedent.
7 Sec. 442. Section 218.69, Code 2023, is amended to read as
8follows:
9218.69 Permanent record.
10A complete permanent record of the money transmitted to the
11treasurer of state under section 218.68, showing by whom and
12with whom it the money was left, its the amount, the date of
13the death of the owner, the owner’s reputed place of residence
14before the owner became a resident of the institution, the date
15on which it the money was transmitted to the state treasurer,
16and any other facts which may tend to identify the intestate
17and explain the case, shall be kept by the superintendent
18of the institution or business manager, as the case may be
19 department, and a transcript of the record shall be sent to,
20 and kept by, the treasurer of state.
21 Sec. 443. Section 218.70, Code 2023, is amended to read as
22follows:
23218.70 Payment to party entitled.
24Moneys transmitted to the treasurer of state under section
25218.68 shall be paid, at any time within ten years from the
26death of the intestate, to any person who is shown to be
27entitled thereto to the moneys. Payment shall be made from the
28state treasury out of the support fund of such institution in
29the manner provided for the payment of other claims from that
30fund.
31 Sec. 444. Section 218.72, Code 2023, is amended to read as
32follows:
33218.72 Temporary quarters in emergency.
34In case the buildings at any institution under the control of
35an administrator are destroyed or rendered unfit for habitation
-289-1by reason of fire, storms, or other like causes, to such an
2extent that the residents cannot be housed and cared for, the
3administrator director shall make temporary provision for the
4housing and care of the residents at some other place in the
5state. Like provision may be made in case any pestilence
6breaks out among the residents. The reasonable cost of the
7change, including transfer of residents, shall be paid from any
8moneys in the state treasury not otherwise appropriated.
9 Sec. 445. Section 218.78, Code 2023, is amended to read as
10follows:
11218.78 Institutional receipts deposited.
121. All institutional receipts of the department of human
13services, including funds received from client participation
14at the state resource centers under section 222.78 and at the
15state mental health institutes under section 230.20, shall be
16deposited in the general fund except for reimbursements for
17services provided to another institution or state agency, for
18receipts deposited in the revolving farm fund under section
19904.706, for deposits into the medical assistance fund under
20section 249A.11, and for rentals charged to employees or
21others for room, apartment, or house and meals, which shall be
22available to the institutions.
232. If approved by the director of human services, the
24department may use appropriated funds for the granting of
25educational leave.
26 Sec. 446. Section 218.83, Code 2023, is amended to read as
27follows:
28218.83 Administrative improvement.
29The director of human services and the administrators
30assigned to have authority over the institutions shall
31cooperate with any department or agency of the state government
32in any manner, including the exchange of employees, calculated
33to improve administration of the affairs of the institutions.
34 Sec. 447. Section 218.84, Code 2023, is amended to read as
35follows:
-290- 1218.84 Abstracting claims and keeping accounts.
2The director of the department of human services or the
3director’s designee shall have sole charge of abstracting and
4certifying claims for payment and the keeping of a central
5system of accounts in institutions under the director’s
6control.
7 Sec. 448. Section 218.85, Code 2023, is amended to read as
8follows:
9218.85 Uniform system of accounts.
10The director of human services through the administrators in
11control of the institutions department shall install in all the
12institutions the most modern, complete, and uniform system of
13accounts, records, and reports possible. The system shall be
14prescribed by the director of the department of administrative
15services as authorized in section 8A.502, subsection 13, and,
16among other matters, shall clearly show the detailed facts
17relative to the handling and uses of all purchases.
18 Sec. 449. Section 218.86, Code 2023, is amended to read as
19follows:
20218.86 Abstract of claims.
21Vouchers for expenditures other than salaries shall be
22submitted to the director of the department of administrative
23services, who shall prepare in triplicate an abstract of
24claims submitted showing the name of the claimant and the
25institutions and institutional fund on account of which the
26payment is made. The claims and abstracts of claims shall be
27returned to the director of the department of human services
28 where the correctness of the abstracts shall be certified by
29the director. The original abstract shall be delivered to the
30director of the department of administrative services, the
31duplicate to be retained in the office of the director, of the
32department of human services and the triplicate forwarded to
33the proper institution to be retained as a record of claims
34paid.
35 Sec. 450. Section 218.87, Code 2023, is amended to read as
-291-1follows:
2218.87 Warrants issued by director of the department of
3administrative services.
4Upon such certificate the director of the department of
5administrative services shall, if the institution named has
6sufficient funds, issue the director’s warrants upon the state
7treasurer, for the amounts and to the claimants indicated
8thereon on the warrants. The director of the department of
9administrative services shall deliver the warrants thus issued
10to the director of human services department, who will cause
11same the warrants to be transmitted to the payees thereof of
12the warrants.
13 Sec. 451. Section 218.88, Code 2023, is amended to read as
14follows:
15218.88 Institutional payrolls.
16At the close of each pay period, the superintendent or
17business manager of each institution shall prepare and forward
18to the director of human services or the director’s designee a
19semimonthly payroll which shall show the name of each officer
20and employee, the semimonthly pay, time paid for, the amount of
21pay, and any deductions. A substitute shall not be permitted
22to receive compensation in the name of the employee for whom
23the substitute is acting.
24 Sec. 452. Section 218.92, Code 2023, is amended to read as
25follows:
26218.92 Patients Residents with dangerous mental disturbances.
27When a patient in a state resource center for persons with
28an intellectual disability, a state mental health institute,
29or another resident of an institution under the administration
30of the department of human services has become so mentally
31disturbed as to constitute a danger to self, to other patients
32 residents or staff of the institution, or to the public,
33and the institution cannot provide adequate security, the
34administrator in charge of the institution director or the
35director’s designee, with the consent of the director of the
-292-1Iowa department of corrections, may order the patient resident
2 to be transferred to the Iowa medical and classification
3center, if the superintendent of the institution from which
4the patient resident is to be transferred, with the support
5of a majority of the medical staff, recommends the transfer
6in the interest of the patient resident, other patients
7 residents, or the public. If the patient resident transferred
8was hospitalized pursuant to sections 229.6 through 229.15,
9the transfer shall be promptly reported to the court that
10ordered the hospitalization of the patient resident, as
11required by section 229.15, subsection 5. The Iowa medical
12and classification center has the same rights, duties, and
13responsibilities with respect to the patient resident as the
14institution from which the patient resident was transferred
15had while the patient was hospitalized in the institution.
16The cost of the transfer shall be paid from the funds of the
17institution from which the transfer is made.
18 Sec. 453. Section 218.93, Code 2023, is amended to read as
19follows:
20218.93 Consultants for director or administrators department.
21The director of human services or the administrators in
22control of the institutions are authorized to department
23may secure the services of consultants to furnish advice on
24administrative, professional, or technical problems to the
25director or the administrators, their department employees,
26or employees of institutions under their jurisdiction or to
27provide in-service training and instruction for the employees.
28The director and administrators are authorized to department
29may pay the consultants at a rate to be determined by them the
30department from funds under their the department’s control
31or from any institutional funding under their the director’s
32 jurisdiction as the director or administrator may determine.
33 Sec. 454. Section 218.94, Code 2023, is amended to read as
34follows:
35218.94 Director may buy and sell real estate — options.
-293- 11. The director of the department of human services
2shall have full power to may secure options to purchase real
3estate, to acquire and sell real estate, and to grant utility
4easements, for the proper uses of said the institutions.
5Real estate shall be acquired and sold and utility easements
6granted, upon such terms and conditions as the director may
7determine. Upon sale of the real estate, the proceeds shall
8be deposited with the treasurer of state and credited to the
9general fund of the state. There is hereby appropriated from
10the general fund of the state a sum equal to the proceeds so
11 deposited and credited to the general fund of the state to the
12department of human services, which may be used to purchase
13other real estate or for capital improvements upon property
14under the director’s control.
152. The costs incident to securing of options, acquisition
16and sale of real estate and granting of utility easements,
17including but not limited to appraisals, invitations for
18offers, abstracts, and other necessary costs, may be paid
19from moneys appropriated for support and maintenance to the
20institution at which such the real estate is located. Such
21fund costs shall be reimbursed from the proceeds of the sale.
22 Sec. 455. Section 218.95, Code 2023, is amended to read as
23follows:
24218.95 Synonymous terms.
251. For purposes of construing the provisions of this and
26the following subtitles of this title and chapters 904, 913,
27and 914 relating to persons with mental illness and reconciling
28these provisions with other former and present provisions of
29statute, the following terms shall be considered synonymous:
30a. “Mentally ill” and “insane”, except that the
31hospitalization or detention of any person for treatment
32of mental illness shall not constitute a finding or create
33a presumption that the individual is legally insane in the
34absence of a finding of incompetence made pursuant to section
35229.27.
-294- 1b. “Parole” and “convalescent leave”.
2c. “Resident” and “patient”.
3d. “Escape” and “depart without proper authorization”.
4e. “Warrant” and “order of admission”.
5f. “Escapee” and “patient”.
6g. “Sane” and “in good mental health”.
7h. “Commitment” and “admission”.
82. It is hereby declared to be the policy of the general
9assembly that words which have come to have a degrading meaning
10shall not be employed in institutional records having reference
11to persons with various mental conditions and that in all
12records pertaining to persons with various mental conditions
13the less discriminatory of the foregoing synonyms shall be
14employed.
15 Sec. 456. Section 218.96, Code 2023, is amended to read as
16follows:
17218.96 Gifts, grants, and devises, and bequests.
18The director of the department of human services is
19authorized to may accept gifts, grants, devises, or bequests of
20real or personal property from the federal government or any
21source. The director may exercise such powers with reference
22to the property so accepted as may be deemed essential to its
23 the property’s preservation and the purposes for which given,
24granted, devised, or bequeathed.
25 Sec. 457. Section 218.98, Code 2023, is amended to read as
26follows:
27218.98 Canteen maintained.
28The administrators in control of the institutions may
29maintain a A canteen may be maintained at any institution
30under their jurisdiction and control for the sale to persons
31residing in the institution of items including but not limited
32to toilet articles, candy, tobacco products, notions, and other
33sundries, and may provide the necessary facilities, equipment,
34personnel, and merchandise for such sale may be provided. The
35administrators department shall specify what commodities will
-295-1be sold in the canteen. The department may establish and
2maintain a permanent operating fund for each canteen. The fund
3shall consist of the receipts from the sale of commodities at
4the canteen.
5 Sec. 458. Section 218.99, Code 2023, is amended to read as
6follows:
7218.99 Counties to be notified of patients’ personal
8accounts.
9The administrator in control of a state institution shall
10direct the business manager superintendent of each institution
11under the administrator’s jurisdiction which is mentioned
12 facility specified in section 331.424, subsection 1, paragraph
13“a”, subparagraphs (1) and (2), and for which services are paid
14by the county of residence or a mental health and disability
15services region, to shall quarterly inform the county of
16residence of any patient or resident person committed or
17admitted to the facility who has an amount in excess of two
18hundred dollars on account in the patients’ person’s personal
19deposit fund and the amount on deposit. The administrators
20shall direct the business manager to superintendent shall
21 further notify the county of residence at least fifteen days
22before the release of funds in excess of two hundred dollars
23or upon the death of the patient or resident person. If the
24patient or resident person has no residency in this state or
25the person’s residency is unknown, notice shall be made to the
26director of human services and the administrator in control of
27the institution involved department.
28 Sec. 459. Section 218.100, Code 2023, is amended to read as
29follows:
30218.100 Central warehouse and supply depot.
31The department of human services shall establish a fund for
32maintaining and operating a central warehouse as a supply depot
33and distribution facility for surplus government products,
34carload canned goods, paper products, other staples, and such
35other items as determined by the department. The fund shall be
-296-1permanent and shall be composed of the receipts from the sales
2of merchandise, recovery of handling, operating and delivery
3charges of such merchandise, and from the funds contributed by
4the institutions now in a contingent fund being used for this
5purpose. All claims for purchases of merchandise, operating,
6and salary expenses shall be subject to the provisions of
7sections 218.86, 218.87, and 218.88.
8 Sec. 460. Section 221.2, Code 2023, is amended to read as
9follows:
10221.2 Administrator Compact administrator.
11Pursuant to the compact, the administrator of the division
12of mental health and disability services The director of
13the department of health and human services shall be the
14 designate a compact administrator. The compact administrator
15may cooperate with all departments, agencies, and officers of
16this state and its subdivisions in facilitating the proper
17administration of the compact and of any supplementary
18agreement entered into by this state under the compact.
19 Sec. 461. Section 221.4, Code 2023, is amended to read as
20follows:
21221.4 Payments.
22The compact administrator, subject to the approval of the
23director of the department of human services, may make or
24arrange for any payments necessary to discharge any financial
25obligations imposed upon this state by the compact or by any
26supplementary agreement entered into thereunder under the
27compact.
28 Sec. 462. Section 222.1, subsection 2, Code 2023, is amended
29to read as follows:
302. The Glenwood state resource center and the Woodward
31state resource center are established and shall be maintained
32as the state’s regional resource centers for the purpose of
33providing treatment, training, instruction, care, habilitation,
34and support of persons with an intellectual disability or other
35disabilities in this state, and providing facilities, services,
-297-1and other support to the communities located in the region
2being served by a state resource center. In addition, the
3state resource centers are encouraged to serve as a training
4resource for community-based program staff, medical students,
5and other participants in professional education programs. A
6resource center may request the approval of the council on
7human services to change the name of the resource center for
8use in communication with the public, in signage, and in other
9forms of communication.
10 Sec. 463. Section 222.2, Code 2023, is amended to read as
11follows:
12222.2 Definitions.
13When used in this chapter, unless the context otherwise
14requires:
151. “Administrator” means the person assigned by the director
16of human services, in accordance with section 218.1, to control
17the state resource centers.
182. 1. “Auditor” means the county auditor or the auditor’s
19designee.
202. “Council” means the council on health and human services.
213. “Department” means the department of health and human
22services.
234. “Director” means the director of health and human
24services.
254. 5. “Intellectual disability” means the same as defined
26in section 4.1.
275. 6. “Mental health and disability services region” means
28a mental health and disability services region formed in
29accordance with section 331.389.
306. 7. “Regional administrator” means the regional
31administrator of a mental health and disability services
32region, as defined in section 331.388.
337. 8. “Special unit” means a special intellectual
34disability unit established at a state mental health institute
35pursuant to sections 222.88 through 222.91.
-298- 18. 9. “State resource centers” or “resource centers” means
2the Glenwood state resource center and the Woodward state
3resource center.
49. 10. “Superintendents” means the superintendents of the
5state resource centers.
6 Sec. 464. Section 222.3, Code 2023, is amended to read as
7follows:
8222.3 Superintendents.
9The administrator director shall appoint a qualified
10superintendent for each of the resource centers who shall
11receive such salary as the administrator director shall
12determine.
13 Sec. 465. Section 222.4, Code 2023, is amended to read as
14follows:
15222.4 Duties of superintendents.
16The superintendents shall:
171. Perform all duties required by law and by the
18administrator director not inconsistent with law.
192. Oversee and insure individual treatment and professional
20care of each patient in the resource centers.
213. Maintain a full and complete record of the condition of
22each patient in the resource centers.
234. Have custody, control, and management of all patients in
24such manner as deemed best subject to the regulations of the
25administrator department.
26 Sec. 466. Section 222.5, Code 2023, is amended to read as
27follows:
28222.5 Preadmission diagnostic evaluation.
29No A person shall not be eligible for admission to a resource
30center or a special unit until a preadmission diagnostic
31evaluation has been made by a resource center or a special unit
32which confirms or establishes the need for admission.
33 Sec. 467. Section 222.7, Code 2023, is amended to read as
34follows:
35222.7 Transfers.
-299- 1The administrator department may transfer patients from one
2state resource center to the other and may at any time transfer
3patients from the resource centers to the hospitals for persons
4with mental illness, or transfer patients in the resource
5centers to a special unit or vice versa. The administrator
6 department may also transfer patients from a hospital for
7persons with mental illness to a resource center if consent is
8given or obtained as follows:
91. In the case of a patient who entered the hospital for
10persons with mental illness voluntarily, consent is given in
11advance by the patient or, if the patient is a minor or is
12incompetent, the person responsible for the patient.
132. In the case of a patient hospitalized pursuant to
14sections 229.6 through 229.15, the consent of the court which
15hospitalized the patient is obtained in advance, rather than
16afterward as otherwise permitted by section 229.15, subsection
174.
18 Sec. 468. Section 222.8, Code 2023, is amended to read as
19follows:
20222.8 Communications by patients.
21Persons admitted to the resource centers or a special
22unit shall have all reasonable opportunity and facility for
23communication with their friends. Such persons shall be
24permitted to write and send letters, provided the letters
25contain nothing of an offensive character. Letters written by
26any patient to the administrator director or to any state or
27county official shall be forwarded unopened.
28 Sec. 469. Section 222.10, Code 2023, is amended to read as
29follows:
30222.10 Duty of peace officer.
31When any person with an intellectual disability departs
32without proper authority from an institution a facility in
33another state and is found in this state, any peace officer in
34any county in which such patient is found may take and detain
35the patient without warrant or order and shall report such
-300-1detention to the administrator department. The administrator
2 department shall provide for the return of the patient to the
3authorities in the state from which the unauthorized departure
4was made. Pending return, such patient may be detained
5temporarily at one of the institutions of this state governed
6by the administrator or by the administrator of the division of
7child and family services of the department of human services
8 department. The provisions of this section relating to the
9administrator department shall also apply to the return of
10other nonresident persons with an intellectual disability
11having legal residency outside the state of Iowa.
12 Sec. 470. Section 222.11, Code 2023, is amended to read as
13follows:
14222.11 Expense.
15All actual and necessary expenses incurred in the taking
16into protective custody, restraint, and transportation of such
17patients to the resource centers shall be paid on itemized
18vouchers, sworn to by the claimants, and approved by the
19superintendent and the administrator director from any moneys
20in the state treasury not otherwise appropriated.
21 Sec. 471. Section 222.13, subsection 2, Code 2023, is
22amended to read as follows:
232. If the resource center does not have an appropriate
24program for the treatment of an adult or minor person with an
25intellectual disability applying under this section or section
26222.13A, the regional administrator for the person’s county of
27residence or the department, as applicable, shall arrange for
28the placement of the person in any public or private facility
29within or without the state, approved by the director of human
30services, which offers appropriate services for the person.
31 If the expenses of the placement are payable in whole or in
32part by a county, the placement shall be made by the regional
33administrator for the county.
34 Sec. 472. Section 222.13A, subsection 1, Code 2023, is
35amended to read as follows:
-301- 11. If a minor is believed to be a person with an
2intellectual disability, the minor’s parent, guardian, or
3custodian may apply to the department for admission of the
4minor as a voluntary patient in a state resource center. If
5the resource center does not have appropriate services for the
6minor’s treatment, the department may arrange for the admission
7of the minor in a public or private facility within or without
8the state, approved by the director of human services, which
9offers appropriate services for the minor’s treatment.
10 Sec. 473. Section 222.60, subsection 1, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12All necessary and legal expenses for the cost of admission or
13for the treatment, training, instruction, care, habilitation,
14support, and transportation of persons with an intellectual
15disability, as provided for in the applicable regional service
16system management plan implemented pursuant to section 331.393
17in a state resource center, or in a special unit, or any public
18or private facility within or without the state, approved by
19the director of human services, shall be paid by either:
20 Sec. 474. Section 222.64, Code 2023, is amended to read as
21follows:
22222.64 Foreign state or country or unknown residency.
23If the residency of the person is determined by a regional
24administrator on behalf of a county or by the state to be in
25a foreign state or country or is determined to be unknown,
26the regional administrator or the state shall certify the
27determination. The certification shall be accompanied by a
28copy of the evidence supporting the determination. The care of
29the person shall be as arranged by the regional administrator
30or the state. Application for admission may be made pending
31investigation by the administrator department.
32 Sec. 475. Section 222.65, Code 2023, is amended to read as
33follows:
34222.65 Investigation.
35If an application is made for placement of a person in
-302-1a state resource center or special unit, the department’s
2administrator department shall immediately investigate the
3residency of the person and proceed as follows:
41. If the administrator department concurs with a certified
5determination as to residency of the person in another state
6or in a foreign country, or the person’s residence is unknown
7under section 222.60, the administrator department shall cause
8the person either to be transferred to a resource center or
9a special unit or to be transferred to the place of foreign
10residency.
112. If the administrator department disputes a certified
12determination of residency, the administrator department shall
13order the person transferred to a state resource center or a
14special unit until the dispute is resolved.
153. If the administrator department disputes a certified
16determination of residency, the administrator department shall
17utilize the procedure provided in section 331.394 to resolve
18the dispute. A determination of the person’s residency status
19made pursuant to section 331.394 is conclusive.
20 Sec. 476. Section 222.66, Code 2023, is amended to read as
21follows:
22222.66 Transfers — no residency in state or residency
23unknown — expenses.
24The transfer to a resource center or a special unit or to the
25place of residency of a person with an intellectual disability
26who has no residence in this state or whose residency is
27unknown, shall be made in accordance with such directions as
28shall be prescribed by the administrator director and when
29practicable by employees of the state resource center or the
30special unit. The actual and necessary expenses of such
31transfers shall be paid by the department on itemized vouchers
32sworn to by the claimants and approved by the administrator
33 director and the approved amount is appropriated to the
34department from any funds in the state treasury not otherwise
35appropriated.
-303-1 Sec. 477. Section 222.67, Code 2023, is amended to read as
2follows:
3222.67 Charge on finding of residency.
4If a person has been received into a resource center or a
5special unit as a patient whose residency is unknown and the
6administrator director determines that the residency of the
7patient was at the time of admission in a county of this state,
8the administrator director shall certify the determination and
9charge all legal costs and expenses pertaining to the admission
10and support of the patient to the county of residence. The
11certification shall be sent to the county of residence. The
12certification shall be accompanied by a copy of the evidence
13supporting the determination. If the person’s residency status
14has been determined in accordance with section 331.394, the
15legal costs and expenses shall be charged to the county in
16accordance with that determination. The costs and expenses
17shall be collected as provided by law in other cases.
18 Sec. 478. Section 222.69, Code 2023, is amended to read as
19follows:
20222.69 Payment by state.
21The amount necessary to pay the necessary and legal expenses
22of admission of a person to a resource center or a special unit
23when the person’s residence is outside this state or is unknown
24is appropriated to the department from any moneys in the state
25treasury not otherwise appropriated. Such payments shall be
26made by the department on itemized vouchers executed by the
27auditor of the county from which the expenses have been paid
28and approved by the administrator director or the director’s
29designee.
30 Sec. 479. Section 222.73, subsection 5, Code 2023, is
31amended to read as follows:
325. A superintendent of a resource center or special unit
33may request that the director of human services enter into a
34contract with a person for the resource center or special unit
35to provide consultation or treatment services or for fulfilling
-304-1other purposes which are consistent with the purposes stated in
2section 222.1. The contract provisions shall include charges
3which reflect the actual cost of providing the services. Any
4income from a contract authorized under this subsection may
5be retained by the resource center or special unit to defray
6the costs of providing the services or fulfilling the other
7purposes. Except for a contract voluntarily entered into by a
8county under this subsection, the costs or income associated
9with a contract authorized under this subsection shall not
10be considered in computing charges and per diem costs in
11accordance with the provisions of subsections 1 through 4.
12 Sec. 480. Section 222.78, Code 2023, is amended to read as
13follows:
14222.78 Parents and others liable for support.
151. The father and mother of any patient admitted to a
16resource center or to a special unit, as either an inpatient
17or an outpatient, and any person, firm, or corporation bound
18by contract made for support of the patient are liable for the
19support of the patient. The patient and those legally bound
20for the support of the patient shall be liable to the county or
21state, as applicable, for all sums advanced in accordance with
22the provisions of sections 222.60 and 222.77.
232. The liability of any person, other than the patient,
24who is legally bound for the support of a patient who is
25under eighteen years of age in a resource center or a special
26unit shall not exceed the average minimum cost of the care
27of a normally intelligent minor without a an intellectual
28 disability of the same age and sex as the minor patient. The
29administrator department shall establish the scale for this
30purpose but the scale shall not exceed the standards for
31personal allowances established by the state division under
32the family investment program. The father or mother shall
33incur liability only during any period when the father or
34mother either individually or jointly receive a net income
35from whatever source, commensurate with that upon which they
-305-1would be liable to make an income tax payment to this state.
2The father or mother of a patient shall not be liable for the
3support of the patient upon the patient attaining eighteen
4years of age. Nothing in this section shall be construed to
5prevent a relative or other person from voluntarily paying the
6full actual cost as established by the administrator department
7 for caring for the patient with an intellectual disability.
8 Sec. 481. Section 222.84, Code 2023, is amended to read as
9follows:
10222.84 Patients’ personal deposit fund.
11There is hereby established at each resource center and
12special unit a fund which shall be known as the “patients’
13personal deposit fund”; provided that in. In the case of
14a special unit, the director may direct that the patients’
15personal deposit fund be maintained and administered as a part
16of the fund established, pursuant to sections 226.43 through
17226.46, by the state mental health institute where the special
18unit is located.
19 Sec. 482. Section 222.86, Code 2023, is amended to read as
20follows:
21222.86 Payment for care from fund.
22If a patient is not receiving medical assistance under
23chapter 249A and the amount in the account of any patient
24in the patients’ personal deposit fund exceeds two hundred
25dollars, the business manager of the resource center or special
26unit department may apply any amount of the excess to reimburse
27the county of residence or the state for liability incurred by
28the county or the state for the payment of care, support, and
29maintenance of the patient, when billed by the county or state,
30as applicable.
31 Sec. 483. Section 222.87, Code 2023, is amended to read as
32follows:
33222.87 Deposit in bank.
34The business manager department shall deposit the patients’
35personal deposit fund in a commercial account of a bank of
-306-1reputable standing. When deposits in the commercial account
2exceed average monthly withdrawals, the business manager
3 department may deposit the excess at interest. The savings
4account shall be in the name of the patients’ personal deposit
5fund and interest paid thereon on the account may be used for
6recreational purposes for the patients at the resource center
7or special unit.
8 Sec. 484. Section 222.88, Code 2023, is amended to read as
9follows:
10222.88 Special intellectual disability unit.
11The director of human services may organize and establish a
12special intellectual disability unit at an existing institution
13which may provide:
141. Psychiatric and related services to children with an
15intellectual disability and adults who are also emotionally
16disturbed with an emotional disturbance or otherwise mentally
17ill a mental illness.
182. Specific programs to meet the needs of such other special
19categories of persons with an intellectual disability as may
20be designated by the director.
213. Appropriate diagnostic evaluation services.
22 Sec. 485. Section 225.1, subsection 2, Code 2023, is amended
23by adding the following new paragraph:
24 NEW PARAGRAPH. c. “Respondent” means the same as defined
25in section 229.1.
26 Sec. 486. Section 225.5, Code 2023, is amended to read as
27follows:
28225.5 Cooperation of hospitals.
29The medical director of the state psychiatric hospital
30shall seek to bring about systematic cooperation between the
31several state hospitals for persons with mental illness health
32institutes and the state psychiatric hospital.
33 Sec. 487. Section 225.26, Code 2023, is amended to read as
34follows:
35225.26 Private patients — disposition of funds.
-307- 1All moneys collected from private patients shall be used for
2the support of the said state psychiatric hospital.
3 Sec. 488. Section 225.28, Code 2023, is amended to read as
4follows:
5225.28 Appropriation.
6The state shall pay to the state psychiatric hospital, out of
7any moneys in the state treasury not otherwise appropriated,
8all expenses for the administration of the hospital, and for
9the care, treatment, and maintenance of committed and voluntary
10public patients therein in the state psychiatric hospital,
11including their clothing and all other expenses of the hospital
12for the public patients. The bills for the expenses shall be
13rendered monthly in accordance with rules agreed upon by the
14director of the department of administrative services and the
15state board of regents.
16 Sec. 489. Section 225.33, Code 2023, is amended to read as
17follows:
18225.33 Death of patient — disposal of body.
19In the event that a When a committed public patient or
20a voluntary public patient or a committed private patient
21should die dies while at the state psychiatric hospital or
22at the university hospital, the state psychiatric hospital
23shall have the body prepared for shipment in accordance with
24the rules prescribed by the state board of health council on
25health and human services for shipping such bodies; and it
26shall be. It is the duty of the state board of regents to make
27arrangements for the embalming and such other preparation as
28may be necessary to comply with the rules and for the purchase
29of suitable caskets.
30 Sec. 490. Section 225.35, Code 2023, is amended to read as
31follows:
32225.35 Expense collected.
33In the event that the said When a person is a committed
34private patient, it shall be is the duty of the county
35auditor of the proper county to proceed to collect all of such
-308-1expenses, in accordance with the provisions of sections 225.23
2and 225.24.
3 Sec. 491. Section 225C.2, Code 2023, is amended to read as
4follows:
5225C.2 Definitions.
6As used in this chapter:
71. “Administrator” means the administrator of the division.
82. 1. “Child” or “children” means a person or persons under
9eighteen years of age.
103. 2. “Children’s behavioral health services” means services
11for children with a serious emotional disturbance.
124. 3. “Children’s behavioral health system” or “children’s
13system” means the behavioral health service system for children
14implemented pursuant to this subchapter.
155. 4. “Commission” means the mental health and disability
16services commission.
175. “Council” means the council on health and human services.
186. “Department” means the department of health and human
19services.
207. “Director” means the director of health and human
21services.
228. “Disability services” means services and other support
23available to a person with mental illness, an intellectual
24disability or other developmental disability, or brain injury.
259. “Division” means the division of mental health and
26disability services of the department.
2710. 9. “Mental health and disability services region”
28means a mental health and disability services region formed in
29accordance with section 331.389.
3011. 10. “Mental health and disability services regional
31service system” means the mental health and disability service
32system for a mental health and disability services region.
3312. 11. “Regional administrator” means the same as defined
34in section 331.388.
3513. 12. “Serious emotional disturbance” means a diagnosable
-309-1mental, behavioral, or emotional disorder of sufficient
2duration to meet diagnostic criteria specified within the most
3current diagnostic and statistical manual of mental disorders
4published by the American psychiatric association that results
5in a functional impairment. “Serious emotional disturbance”
6does not include substance use or developmental disorders
7unless those disorders co-occur with such a diagnosable mental,
8behavioral, or emotional disorder.
914. 13. “State board” means the children’s behavioral
10health system state board created in section 225C.51.
11 Sec. 492. Section 225C.3, Code 2023, is amended to read as
12follows:
13225C.3 Division of mental health and disability services
14 Department — state mental health authority.
151. The division department is designated the state mental
16health authority as defined in 42 U.S.C. §201(m) (1976) for
17the purpose of directing the benefits of the National Mental
18Health Act, 42 U.S.C. §201 et seq. This designation does
19not preclude the state board of regents from authorizing or
20directing any institution under its jurisdiction to carry out
21educational, prevention, and research activities in the areas
22of mental health and intellectual disability. The division
23 department may contract with the state board of regents or any
24institution under the board’s jurisdiction to perform any of
25these functions.
262. The division department is designated the state
27developmental disabilities agency for the purpose of directing
28the benefits of the federal Developmental Disabilities
29Assistance and Bill of Rights Act, 42 U.S.C. §15001 et seq.
303. The division is administered by the administrator. The
31administrator of the division shall be qualified in the general
32field of mental health, intellectual disability, or other
33disability services, and preferably in more than one field.
34The administrator shall have at least five years of experience
35as an administrator in one or more of these fields.
-310-1 Sec. 493. Section 225C.4, Code 2023, is amended to read as
2follows:
3225C.4 Administrator’s Department duties.
41. To the extent funding is available, the administrator
5 department shall perform the following duties:
6a. Prepare and administer the comprehensive mental health
7and disability services plan as provided in section 225C.6B,
8including state mental health and intellectual disability
9plans for the provision of disability services within the
10state and the state developmental disabilities plan. The
11administrator department shall take into account any related
12planning activities implemented by the Iowa department of
13public health, the state board of regents or a body designated
14by the board for that purpose, the department of management
15or a body designated by the director of the department for
16that purpose, the department of education, the department of
17workforce development and any other appropriate governmental
18body, in order to facilitate coordination of disability
19services provided in this state. The state mental health and
20intellectual disability plans shall be consistent with the
21state health plan, and shall take into account mental health
22and disability services regional service system management
23plans.
24b. Assist mental health and disability services region
25governing boards and regional administrators in planning for
26community-based disability services.
27c. Assist the state board in planning for community-based
28children’s behavioral health services.
29d. Emphasize the provision of evidence-based outpatient and
30community support services by community mental health centers
31and local intellectual disability providers as a preferable
32alternative to acute inpatient services and services provided
33in large institutional settings.
34e. Encourage and facilitate coordination of mental health
35and disability services with the objective of developing
-311-1and maintaining in the state a mental health and disability
2service delivery system to provide services to all persons
3in this state who need the services, regardless of the place
4of residence or economic circumstances of those persons.
5The administrator department shall work with the commission
6and other state agencies, including but not limited to the
7departments of corrections, and education, and public health
8and the state board of regents, to develop and implement a
9strategic plan to expand access to qualified mental health
10workers across the state.
11f. Encourage and facilitate applied research and preventive
12educational activities related to causes and appropriate
13treatment for disabilities. The administrator department may
14designate, or enter into agreements with, private or public
15agencies to carry out this function.
16g. Coordinate community-based services with those of the
17state mental health institutes and state resource centers.
18h. Administer state programs regarding the care, treatment,
19and supervision of persons with mental illness or an
20intellectual disability, except the programs administered by
21the state board of regents.
22i. Administer and distribute state appropriations in
23connection with the mental health and disability services
24regional service fund established by section 225C.7A.
25j. Act as compact administrator with power to effectuate the
26purposes of interstate compacts on mental health.
27k. Establish and maintain a data collection and management
28information system oriented to the needs of patients,
29providers, the department, and other programs or facilities in
30accordance with section 225C.6A. The system shall be used to
31identify, collect, and analyze service outcome and performance
32measures data in order to assess the effects of the services
33on the persons utilizing the services. The administrator
34 department shall annually submit to the commission information
35collected by the department indicating the changes and trends
-312-1in the mental health and disability services system. The
2administrator department shall make the outcome data available
3to the public.
4l. Encourage and facilitate coordination of children’s
5behavioral health services with the objective of developing
6and maintaining in the state a children’s behavioral health
7system to provide behavioral health services to all children
8in this state who need the services, regardless of the place
9of residence or economic circumstances of those children.
10The administrator department shall work with the state board
11and other state agencies including but not limited to the
12department of education and the department of public health
13 to develop and implement a strategic plan to expand access to
14qualified mental health workers across the state.
15m. Establish and maintain a data collection and management
16information system oriented to the needs of children utilizing
17the children’s behavioral health system, providers, the
18department, and other programs or facilities in accordance
19with section 225C.6A. The system shall be used to identify,
20collect, and analyze service outcome and performance measures
21data in order to assess the effects of the services on the
22children utilizing the services. The administrator department
23 shall annually submit to the state board information collected
24by the department indicating the changes and trends in the
25children’s behavioral health system. The administrator
26 department shall make the outcome data available to the public.
27n. Prepare a division budget and reports of the division’s
28 department’s activities.
29o. Establish suitable agreements with other state
30agencies to encourage appropriate care and to facilitate the
31coordination of disability services.
32p. Provide consultation and technical assistance to
33patients’ advocates appointed pursuant to section 229.19,
34in cooperation with the judicial branch and the certified
35volunteer long-term care ombudsmen certified pursuant to
-313-1section 231.45.
2q. Provide technical assistance to agencies and
3organizations, to aid them in meeting standards which are
4established, or with which compliance is required, under
5statutes administered by the administrator department,
6including but not limited to chapters 227 and 230A.
7r. Recommend to the commission minimum accreditation
8standards for the maintenance and operation of community mental
9health centers, services, and programs under section 230A.110.
10The administrator’s department’s review and evaluation of the
11centers, services, and programs for compliance with the adopted
12standards shall be as provided in section 230A.111.
13s. Recommend to the commission minimum standards for
14supported community living services. The administrator
15 department shall review and evaluate the services for
16compliance with the adopted standards.
17t. In cooperation with the department of inspections and
18appeals, recommend minimum standards under section 227.4 for
19the care of and services to persons with mental illness or an
20intellectual disability residing in county care facilities.
21The administrator department shall also cooperate with the
22department of inspections and appeals in recommending minimum
23standards for care of and services provided to persons with
24mental illness or an intellectual disability living in a
25residential care facility regulated under chapter 135C.
26u. In cooperation with the Iowa department of public health,
27recommend Recommend minimum standards for the maintenance and
28operation of public or private facilities offering disability
29services, which are not subject to licensure by the department
30or the department of inspections and appeals.
31v. Provide technical assistance concerning disability
32services and funding to mental health and disability services
33region governing boards and regional administrators.
34w. Coordinate with the mental health planning and advisory
35council created pursuant to 42 U.S.C. §300x-3 to ensure the
-314-1council membership includes representation by a military
2veteran who is knowledgeable concerning the behavioral and
3mental health issues of veterans.
4x. Enter into performance-based contracts with
5regional administrators as described in section 331.390.
6A performance-based contract shall require a regional
7administrator to fulfill the statutory and regulatory
8requirements of the regional service system under this chapter
9and chapter 331. A failure to fulfill the requirements may be
10addressed by remedies specified in the contract, including but
11not limited to suspension of contract payments or cancellation
12of the contract. The contract provisions may include but are
13not limited to requirements for the regional service system
14to attain outcomes within a specified range of acceptable
15performance in any of the following categories:
16(1) Access standards for the required core services.
17(2) Penetration rates for serving the number of persons
18expected to be served.
19(3) Utilization rates for inpatient and residential
20treatment.
21(4) Readmission rates for inpatient and residential
22treatment.
23(5) Employment of the persons receiving services.
24(6) Administrative costs.
25(7) Data reporting.
26(8) Timely and accurate claims processing.
27(9) School attendance.
28y. Provide information through the internet concerning
29waiting lists for services implemented by mental health and
30disability services regions.
312. The administrator department may:
32a. Apply for, receive, and administer federal aids, grants,
33and gifts for purposes relating to disability services or
34programs.
35b. Establish and supervise suitable standards of care,
-315-1treatment, and supervision for persons with disabilities in
2all institutions under the control of the director of human
3services.
4c. Appoint professional consultants to furnish advice on
5any matters pertaining to disability services. The consultants
6shall be paid as provided by an appropriation of the general
7assembly.
8d. Administer a public housing unit within a bureau of
9the division program to apply for, receive, and administer
10federal assistance, grants, and other public or private funds
11for purposes related to providing housing in accordance with
12section 225C.45.
13 Sec. 494. Section 225C.5, subsection 1, paragraph j, Code
142023, is amended to read as follows:
15j. One member shall be an active board member of an agency
16serving persons with a substance abuse problem use disorder
17 selected from nominees submitted by the Iowa behavioral health
18association.
19 Sec. 495. Section 225C.6, Code 2023, is amended to read as
20follows:
21225C.6 Duties of commission.
221. To the extent funding is available, the commission shall
23perform the following duties:
24a. Advise the administrator department on the administration
25of the overall state disability services system.
26b. Pursuant to recommendations made for this purpose by
27the administrator director, adopt necessary rules pursuant to
28chapter 17A which relate to disability programs and services,
29including but not limited to definitions of each disability
30included within the term “disability services” as necessary for
31purposes of state, county, and regional planning, programs, and
32services.
33c. Adopt standards for community mental health centers,
34services, and programs as recommended under section 230A.110.
35The administrator department shall determine whether to grant,
-316-1deny, or revoke the accreditation of the centers, services, and
2programs.
3d. Adopt standards for the provision under the medical
4assistance program of individual case management services.
5e. Unless another governmental body sets standards for a
6service available to persons with disabilities, adopt state
7standards for that service. The commission shall review the
8licensing standards used by the department of human services
9 or department of inspections and appeals for those facilities
10providing disability services.
11f. Assure that proper reconsideration and appeal procedures
12are available to persons aggrieved by decisions, actions, or
13circumstances relating to accreditation.
14g. Adopt necessary rules for awarding grants from the state
15and federal government as well as other moneys that become
16available to the division department for grant purposes.
17h. Annually submit to the governor and the general assembly:
18(1) A report concerning the activities of the commission.
19(2) Recommendations formulated by the commission for
20changes in law.
21i. By January 1 of each odd-numbered year, submit to the
22governor and the general assembly an evaluation of:
23(1) The extent to which services to persons with
24disabilities are actually available to persons in each county
25and mental health and disability services region in the state
26and the quality of those services.
27(2) The effectiveness of the services being provided by
28disability service providers in this state and by each of the
29state mental health institutes established under chapter 226
30and by each of the state resource centers established under
31chapter 222.
32j. Advise the administrator director, the council on human
33services, the governor, and the general assembly on budgets and
34appropriations concerning disability services.
35k. Coordinate activities with the Iowa developmental
-317-1disabilities council and the mental health planning council,
2created pursuant to federal law. The commission shall work
3with other state agencies on coordinating, collaborating, and
4communicating concerning activities involving persons with
5disabilities.
6l. Pursuant to a recommendation made by the administrator
7 department, identify basic financial eligibility standards
8for the disability services provided by a mental health and
9disability services region. The initial standards shall be as
10specified in chapter 331.
11m. Identify disability services outcomes and indicators to
12support the ability of eligible persons with a disability to
13live, learn, work, and recreate in communities of the persons’
14choice. The identification duty includes but is not limited to
15responsibility for identifying, collecting, and analyzing data
16as necessary to issue reports on outcomes and indicators at the
17county, region, and state levels.
182. Notwithstanding section 217.3, subsection 6, the
19commission may adopt the rules authorized by subsection 1,
20pursuant to chapter 17A, without prior review and approval of
21those rules by the council on human services.
223. If the executive branch creates a committee, task
23force, council, or other advisory body to consider disability
24services policy or program options involving children or adult
25consumers, the commission is designated to receive and consider
26any report, findings, recommendations, or other work product
27issued by such body. The commission may address the report,
28findings, recommendations, or other work product in fulfilling
29the commission’s functions and to advise the department,
30council on human services, governor, and general assembly
31concerning disability services.
324. a. The department shall coordinate with the
33department of inspections and appeals in the establishment of
34facility-based and community-based, subacute mental health
35services.
-318- 1b. A person shall not provide community-based, subacute
2mental health services unless the person has been accredited
3to provide the services. The commission shall adopt standards
4for subacute mental health services and for accreditation of
5providers of community-based, subacute mental health services.
6c. As used in this subsection, “subacute mental health
7services” means all of the following:
8(1) A comprehensive set of wraparound services for persons
9who have had or are at imminent risk of having acute or
10crisis mental health symptoms that do not permit the persons
11to remain in or threatens removal of the persons from their
12home and community, but who have been determined by a mental
13health professional and a licensed health care professional,
14subject to the professional’s scope of practice, not to need
15inpatient acute hospital services. For the purposes of this
16subparagraph, “mental health professional” means the same as
17defined in section 228.1 and “licensed health care professional”
18means a person licensed under chapter 148 to practice medicine
19and surgery or osteopathic medicine and surgery, an advanced
20registered nurse practitioner licensed under chapter 152 or
21152E, or a physician assistant licensed to practice under the
22supervision of a physician as authorized in chapters 147 and
23148C.
24(2) Intensive, recovery-oriented treatment and monitoring
25of the person with direct or remote access to a psychiatrist or
26advanced registered nurse practitioner.
27(3) An outcome-focused, interdisciplinary approach designed
28to return the person to living successfully in the community.
29(4) Services that may be provided in a wide array of
30settings ranging from the person’s home to a facility providing
31subacute mental health services.
32(5) Services that are time limited to not more than ten
33days or another time period determined in accordance with rules
34adopted for this purpose.
35d. Subacute mental health services and the standards for
-319-1the services shall be established in a manner that allows for
2accessing federal Medicaid funding.
3 Sec. 496. Section 225C.6B, Code 2023, is amended to read as
4follows:
5225C.6B Mental health and disability services system —
6legislative intent — comprehensive plan — state and regional
7service systems.
81. Intent.
9a. The general assembly intends for the state to implement
10a comprehensive, continuous, and integrated state mental
11health and disability services plan in accordance with
12the requirements of sections 225C.4 and 225C.6 and other
13provisions of this chapter, by increasing the department’s
14responsibilities in the development, funding, oversight, and
15ongoing leadership of mental health and disability services in
16this state.
17b. In order to further the purposes listed in section 225C.1
18and in other provisions of this chapter, the general assembly
19intends that efforts focus on the goal of making available a
20comprehensive array of high-quality, evidence-based consumer
21and family-centered mental health and disability services and
22other support in the least restrictive, community-based setting
23appropriate for a consumer.
24c. In addition, it is the intent of the general assembly
25to promote policies and practices that achieve for consumers
26the earliest possible detection of mental health problems and
27the need for disability services and for early intervention;
28to stress that all health care programs address mental health
29disorders with the same urgency as physical health disorders;
30to promote the policies of all public programs that serve
31adults and children with mental disorders or with a need
32for disability services, including but not limited to child
33welfare, Medicaid, education, housing, criminal and juvenile
34justice, substance abuse use disorder treatment, and employment
35services; to consider the special mental health and disability
-320-1services needs of adults and children; and to promote recovery
2and resiliency as expected outcomes for all consumers.
32. Comprehensive plan. The division department shall
4develop a comprehensive written five-year state mental health
5and disability services plan with annual updates and readopt
6the plan every five years. The plan shall describe the key
7components of the state’s mental health and disability services
8system, including the services that are community-based, state
9institution-based, or regional or state-based. The five-year
10plan and each update shall be submitted annually to the
11commission on or before October 30 for review and approval.
123. State and regional disability service systems. The
13publicly financed disability services for persons with mental
14illness, intellectual disability or other developmental
15disability, or brain injury in this state shall be provided by
16the department and the counties operating together as regions.
17The financial and administrative responsibility for such
18services is as follows:
19a. Disability services for children and adults that are
20covered under the medical assistance program pursuant to
21chapter 249A are the responsibility of the state.
22b. Adult mental health and intellectual disability services
23that are not covered under the medical assistance program are
24the responsibility of the county-based regional service system.
25c. Children’s behavioral health services provided to
26eligible children that are not covered under the medical
27assistance program or other third-party payor are the
28responsibility of the county-based regional service system.
29 Sec. 497. Section 225C.6C, Code 2023, is amended to read as
30follows:
31225C.6C Regional service system — regulatory requirements.
321. The departments department and the department of
33inspections and appeals, human services, and public health
34 shall comply with the requirements of this section in their
35efforts to improve the regulatory requirements applied to the
-321-1mental health and disability services regional service system
2administration and service providers.
32. The three departments shall work together to establish
4a process to streamline accreditation, certification, and
5licensing standards applied to the regional service system
6administration and service providers.
73. The departments of human services and inspections and
8appeals shall jointly review the standards and inspection
9process applicable to residential care facilities.
104. The three departments shall do all of the following in
11developing regulatory requirements applicable to the regional
12service system administration and service providers:
13a. Consider the costs to regional administrators and
14providers in the development of quality monitoring efforts.
15b. Implement the use of uniform, streamlined, and statewide
16cost reporting standards and tools by the regional service
17system and the department of human services.
18c. Make quality monitoring information, including services,
19quality, and location information, easily available and
20understandable to all citizens.
21d. Establish standards that are clearly understood and are
22accompanied by interpretive guidelines to support understanding
23by those responsible for applying the standards.
24e. Develop a partnership with providers in order to
25improve the quality of services and develop mechanisms for the
26provision of technical assistance.
27f. Develop consistent data collection efforts based on
28statewide standards and make information available to all
29providers. The efforts under this paragraph shall be made with
30representatives of the Iowa state association of counties.
31g. Evaluate existing provider qualification and monitoring
32efforts to identify duplication and gaps, and align the efforts
33with valued outcomes.
34h. Streamline and enhance existing standards.
35i. Consider allowing providers to seek accreditation from
-322-1a national accrediting body in lieu of state accreditation or
2certification.
3 Sec. 498. Section 225C.7A, subsection 7, Code 2023, is
4amended to read as follows:
57. a. For the fiscal year beginning July 1, 2021, each
6mental health and disability services region for which the
7amount certified during the fiscal year under section 331.391,
8subsection 4, paragraph “b”, exceeds forty percent of the actual
9expenditures of the region for the fiscal year preceding the
10fiscal year in progress, the remaining quarterly payments of
11the region’s regional service payment shall be reduced by
12an amount equal to the amount by which the region’s amount
13certified under section 331.391, subsection 4, paragraph “b”,
14exceeds forty percent of the actual expenditures of the region
15for the fiscal year preceding the fiscal year in progress, but
16the amount of the reduction shall not exceed the total amount
17of the region’s regional service payment for the fiscal year.
18If the region’s remaining quarterly payments are insufficient
19to effectuate the required reductions under this paragraph, the
20region is required to pay to the department of human services
21 any amount for which the reduction in quarterly payments could
22not be made. The amount of reductions to quarterly payments
23and amounts paid to the department under this paragraph shall
24be transferred and credited to the region incentive fund under
25subsection 8.
26b. For the fiscal year beginning July 1, 2022, each mental
27health and disability services region for which the amount
28certified during the fiscal year under section 331.391,
29subsection 4, paragraph “b”, exceeds twenty percent of the
30actual expenditures of the region for the fiscal year preceding
31the fiscal year in progress, the remaining quarterly payments
32of the region’s regional service payment shall be reduced by
33an amount equal to the amount by which the region’s amount
34certified under section 331.391, subsection 4, paragraph “b”,
35exceeds twenty percent of the actual expenditures of the region
-323-1for the fiscal year preceding the fiscal year in progress, but
2the amount of the reduction shall not exceed the total amount
3of the region’s regional service payment for the fiscal year.
4If the region’s remaining quarterly payments are insufficient
5to effectuate the required reductions under this paragraph, the
6region is required to pay to the department of human services
7 any amount for which the reduction in quarterly payments could
8not be made. The amount of reductions to quarterly payments
9and amounts paid to the department under this paragraph shall
10be transferred and credited to the region incentive fund under
11subsection 8.
12c. For the fiscal year beginning July 1, 2023, and each
13succeeding fiscal year, each mental health and disability
14services region for which the amount certified during the
15fiscal year under section 331.391, subsection 4, paragraph “b”,
16exceeds five percent of the actual expenditures of the region
17for the fiscal year preceding the fiscal year in progress, the
18remaining quarterly payments of the region’s regional service
19payment shall be reduced by an amount equal to the amount by
20which the region’s amount certified under section 331.391,
21subsection 4, paragraph “b”, exceeds five percent of the actual
22expenditures of the region for the fiscal year preceding the
23fiscal year in progress, but the amount of the reduction
24shall not exceed the total amount of the region’s regional
25service payment for the fiscal year. If the region’s remaining
26quarterly payments are insufficient to effectuate the required
27reductions under this paragraph, the region is required to
28pay to the department of human services any amount for which
29the reduction in quarterly payments could not be made. The
30amount of reductions to quarterly payments and amounts paid to
31the department under this paragraph shall be transferred and
32credited to the region incentive fund under subsection 8.
33 Sec. 499. Section 225C.13, Code 2023, is amended to read as
34follows:
35225C.13 Authority to establish and lease facilities.
-324- 11. The administrator assigned, in accordance with section
2218.1, to control the state mental health institutes and the
3state resource centers department may enter into agreements
4under which a facility or portion of a facility administered by
5the administrator department under section 218.1 is leased to a
6department or a division of state government, a county or group
7of counties, a mental health and disability services region, or
8a private nonprofit corporation organized under chapter 504. A
9lease executed under this section shall require that the lessee
10use the leased premises to deliver either disability services
11or other services normally delivered by the lessee.
122. The division administrator director may work with the
13appropriate administrator of the department’s institutions to
14establish mental health and intellectual disability services
15for all institutions under the control of the director of human
16services and to establish an autism unit, following mutual
17planning and consultation with the medical director of the
18state psychiatric hospital, at an institution or a facility
19administered by the department to provide psychiatric and
20related services and other specific programs to meet the needs
21of autistic persons with autism, and to furnish appropriate
22diagnostic evaluation services.
23 Sec. 500. Section 225C.19, Code 2023, is amended to read as
24follows:
25225C.19 Emergency mental health crisis services system.
261. For the purposes of this section:
27a. “Emergency mental health crisis services provider” means
28a provider accredited or approved by the department to provide
29emergency mental health crisis services.
30b. “Emergency mental health crisis services system” or
31“services system” means a coordinated array of crisis services
32for providing a response to assist an individual adult or child
33who is experiencing a mental health crisis or who is in a
34situation that is reasonably likely to cause the individual to
35have a mental health crisis unless assistance is provided.
-325- 12. a. The division department shall implement an emergency
2mental health crisis services system in consultation with
3counties, and community mental health centers and other mental
4health and social service providers, in accordance with this
5section.
6b. The purpose of the services system is to provide a
7statewide array of time-limited intervention services to reduce
8escalation of crisis situations, relieve the immediate distress
9of individuals experiencing a crisis situation, reduce the risk
10of individuals in a crisis situation doing harm to themselves
11or others, and promote timely access to appropriate services
12for those who require ongoing mental health services.
13c. The services system shall be available twenty-four hours
14per day, seven days per week to any individual who is in or is
15determined by others to be in a crisis situation, regardless of
16whether the individual has been diagnosed with a mental illness
17or a co-occurring mental illness and substance abuse use
18 disorder. The system shall address all ages, income levels,
19and health coverage statuses.
20d. The goals of an intervention offered by a provider
21under the services system shall include but are not limited to
22symptom reduction, stabilization of the individual receiving
23the intervention, and restoration of the individual to a
24previous level of functioning.
25e. The elements of the services system shall be specified in
26administrative rules adopted by the commission.
273. The services system elements shall include but are not
28limited to all of the following:
29a. Standards for accrediting or approving emergency mental
30health crisis services providers. Such providers may include
31but are not limited to a community mental health center
32designated under chapter 230A, a unit of the department or
33other state agency, a county, a mental health and disability
34services region, or any other public or private provider who
35meets the accreditation or approval standards for an emergency
-326-1mental health crisis services provider.
2b. Identification by the division department of geographic
3regions, groupings of mental health and disability services
4regions, service areas, or other means of distributing and
5organizing the emergency mental health crisis services system
6to ensure statewide availability of the services.
7c. Coordination of emergency mental health crisis services
8with all of the following:
9(1) The district and juvenile courts.
10(2) Law enforcement.
11(3) Judicial district departments of correctional services.
12(4) Mental health and disability services regions.
13(5) Other mental health, substance abuse use disorder, and
14co-occurring mental illness and substance abuse use disorder
15 services available through the state and counties to serve both
16children and adults.
17d. Identification of basic services to be provided through
18each accredited or approved emergency mental health crisis
19services provider which may include but are not limited to
20face-to-face crisis intervention, stabilization, support,
21counseling, preadmission screening for individuals who may
22require psychiatric hospitalization, transportation, and
23follow-up services.
24e. Identification of operational requirements for emergency
25mental health crisis services provider accreditation or
26approval which may include providing a telephone hotline,
27mobile crisis staff, collaboration protocols, follow-up with
28community services, information systems, and competency-based
29training.
304. The division department shall initially implement
31the program through a competitive block grant process.
32The implementation shall be limited to the extent of the
33appropriations provided for the program.
34 Sec. 501. Section 225C.19A, Code 2023, is amended to read
35as follows:
-327- 1225C.19A Crisis stabilization programs.
2The department shall accredit, certify, or apply standards
3of review to authorize the operation of crisis stabilization
4programs, including crisis stabilization programs operating
5in a psychiatric medical institution for children pursuant
6to chapter 135H that provide children with mental health,
7substance abuse use disorder, and co-occurring mental health
8and substance abuse use disorder services. In authorizing the
9operation of a crisis stabilization program, the department
10shall apply the relevant requirements for an emergency mental
11health crisis services provider and system under section
12225C.19. A program authorized to operate under this section is
13not required to be licensed under chapter 135B, 135C, 135G, or
14135H, or certified under chapter 231C. The commission shall
15adopt rules to implement this section. The department shall
16accept accreditation of a crisis stabilization program by a
17national accrediting organization in lieu of applying the rules
18adopted in accordance with this section to the program.
19 Sec. 502. Section 225C.20, Code 2023, is amended to read as
20follows:
21225C.20 Responsibilities of mental health and disability
22services regions for individual case management services.
23Individual case management services funded under the medical
24assistance program shall be provided by the department except
25when a county or a consortium of counties contracts with the
26department to provide the services. A regional administrator
27may contract for one or more counties of the region to be
28the provider at any time and the department shall agree to
29the contract so long as the contract meets the standards for
30case management adopted by the department. The regional
31administrator may subcontract for the provision of case
32management services so long as the subcontract meets the same
33standards. A regional administrator may change the provider
34of individual case management services at any time. If the
35current or proposed contract is with the department, the
-328-1regional administrator shall provide written notification of
2a change at least ninety days before the date the change will
3take effect.
4 Sec. 503. Section 225C.21, Code 2023, is amended to read as
5follows:
6225C.21 Supported community living services.
71. As used in this section, “supported community living
8services” means services provided in a noninstitutional
9setting to adult persons with mental illness, an intellectual
10disability, or developmental disabilities to meet the persons’
11daily living needs.
122. The commission shall adopt rules pursuant to chapter 17A
13establishing minimum standards for supported community living
14services. The administrator department shall determine whether
15to grant, deny, or revoke approval for any supported community
16living service.
173. Approved supported community living services may receive
18funding from the state, federal and state social services block
19grant funds, and other appropriate funding sources, consistent
20with state legislation and federal regulations. The funding
21may be provided on a per diem, per hour, or grant basis, as
22appropriate.
23 Sec. 504. Section 225C.23, Code 2023, is amended to read as
24follows:
25225C.23 Brain injury recognized as disability.
261. The department of human services, the Iowa department of
27public health, the department of education and its divisions
28of special education and vocational rehabilitation services,
29the department of human rights and its division for persons
30with disabilities, the department for the blind, and all other
31state agencies which serve persons with brain injuries, shall
32recognize brain injury as a distinct disability and shall
33identify those persons with brain injuries among the persons
34served by the state agency.
352. For the purposes of this section, “brain injury” means
-329-1the same as defined in section 135.22.
2 Sec. 505. Section 225C.29, Code 2023, is amended to read as
3follows:
4225C.29 Compliance.
5Except for a violation of section 225C.28B, subsection
62, the sole remedy for violation of a rule adopted by the
7commission to implement sections 225C.25, 225C.26, 225C.28A,
8and 225C.28B shall be by a proceeding for compliance initiated
9by request to the division department pursuant to chapter
1017A. Any decision of the division department shall be in
11accordance with due process of law and is subject to appeal to
12the Iowa district court pursuant to sections 17A.19 and 17A.20
13by any aggrieved party. Either the division department or a
14party in interest may apply to the Iowa district court for an
15order to enforce the decision of the division department. Any
16rules adopted by the commission to implement sections 225C.25,
17225C.26, 225C.28A, and 225C.28B do not create any right,
18entitlement, property, or liberty right or interest, or private
19cause of action for damages against the state or a political
20subdivision of the state or for which the state or a political
21subdivision of the state would be responsible. Any violation
22of section 225C.28B, subsection 2, shall solely be subject to
23the enforcement by the commissioner of insurance and penalties
24granted by chapter 507B for a violation of section 507B.4,
25subsection 3, paragraph “g”.
26 Sec. 506. Section 225C.35, Code 2023, is amended to read as
27follows:
28225C.35 Definitions.
29For purposes of this subchapter, unless the context
30otherwise requires:
311. “Department” means the department of human services.
322. 1. “Family” means a family member and the parent or
33legal guardian of the family member.
343. 2. “Family member” means a person less than eighteen
35years of age who by educational determination has a moderate,
-330-1severe, or profound educational disability or special
2health care needs or who otherwise meets the definition
3of developmental disability in the federal Developmental
4Disabilities Assistance and Bill of Rights Act, as codified
5in 42 U.S.C. §15002. The department shall adopt rules
6establishing procedures for determining whether a child has a
7developmental disability.
84. 3. “Legal guardian” means a person appointed by a court
9to exercise powers over a family member.
105. 4. “Medical assistance” means payment of all or part of
11the care authorized to be provided pursuant to chapter 249A the
12same as defined in section 249A.2.
136. 5. “Parent” means a biological or adoptive parent.
147. 6. “Supplemental security income” means financial
15assistance provided to individuals pursuant to Tit.XVI of the
16federal Social Security Act, 42 U.S.C. §1381 – 1383c.
17 Sec. 507. Section 225C.37, subsection 1, paragraph d, Code
182023, is amended to read as follows:
19d. A statement that if the child receives medical
20assistance, then the family support subsidy shall only be used
21for the cost of a service which is not covered by medical
22assistance. The family may receive welfare public assistance
23for which the family is eligible.
24 Sec. 508. Section 225C.45, Code 2023, is amended to read as
25follows:
26225C.45 Public housing unit program.
271. The administrator department may establish a public
28housing unit within a bureau of the division program to apply
29for, receive, and administer federal assistance, grants, and
30other public or private funds for purposes related to providing
31housing.
322. In implementing the public housing unit program, the
33division department may do all of the following:
34a. Prepare, implement, and operate housing projects
35and provide for the construction, improvement, extension,
-331-1alteration, or repair of a housing project under the division’s
2 department’s jurisdiction.
3b. Develop and implement studies, conduct analyses, and
4engage in research concerning housing and housing needs. The
5information obtained from these activities shall be made
6available to the public and to the building, housing, and
7supply industries.
8c. Cooperate with the Iowa finance authority, and
9 participate in any of the authority’s programs. Use, and use
10 any funds obtained pursuant to subsection 1 to participate in
11the authority’s programs. The division department shall comply
12with rules adopted by the authority as the rules apply to the
13housing activities of the division department.
143. In accepting contributions, grants, or other financial
15assistance from the federal government relating to a housing
16activity of the division department, including construction,
17operation, or maintenance, or in managing a housing project or
18undertaking constructed or owned by the federal government, the
19division department may do any of the following:
20a. Comply with federally required conditions or enter into
21contracts or agreements as may be necessary, convenient, or
22desirable.
23b. Take any other action necessary or desirable in order
24to secure the financial aid or cooperation of the federal
25government.
26c. Include in a contract with the federal government for
27financial assistance any provision which the federal government
28may require as a condition of the assistance that is consistent
29with the provisions of this section.
304. The division department shall not proceed with a housing
31project pursuant to this section, unless both of the following
32conditions are met:
33a. A study for a report which includes recommendations
34concerning the housing available within a community is publicly
35issued by the division department. The study shall be included
-332-1in the division’s department’s recommendations for a housing
2project.
3b. The division’s department’s recommendations are approved
4by a majority of the city council or board of supervisors
5with jurisdiction over the geographic area affected by the
6recommendations.
75. Property acquired or held pursuant to this section
8is public property used for essential public purposes and is
9declared to be exempt from any tax or special assessment of the
10state or any state public body as defined in section 403A.2.
11In lieu of taxes on the property, the division department may
12agree to make payments to the state or a state public body,
13including but not limited to the division department, as the
14division department finds necessary to maintain the purpose of
15providing low-cost housing in accordance with this section.
166. Any property owned or held by the division department
17 pursuant to this section is exempt from levy and sale by
18execution. An execution or other judicial process shall not be
19issued against the property and a judgment against the division
20 department shall not be a lien or charge against the property.
21However, the provisions of this subsection shall not apply to
22or limit the right of the federal government to pursue any
23remedies available under this section. The provisions of this
24subsection shall also not apply to or limit the right of an
25obligee to take either of the following actions:
26a. Foreclose or otherwise enforce a mortgage or other
27security executed or issued pursuant to this section.
28b. Pursue remedies for the enforcement of a pledge or lien
29on rents, fees, or revenues.
307. In any contract with the federal government to provide
31annual payments to the division department, the division
32 department may obligate itself to convey to the federal
33government possession of or title to the housing project
34in the event of a substantial default as defined in the
35contract and with respect to the covenant or conditions to
-333-1which the division department is subject. The obligation
2shall be specifically enforceable and shall not constitute a
3mortgage. The contract may also provide that in the event of
4a conveyance, the federal government may complete, operate,
5manage, lease, convey, or otherwise deal with the housing
6project and funds in accordance with the terms of the contract.
7However, the contract shall require that, as soon as is
8practicable after the federal government is satisfied that all
9defaults with respect to the housing project are cured and the
10housing project will be operated in accordance with the terms
11of the contract, the federal government shall reconvey the
12housing project to the division department.
138. The division department shall not undertake a housing
14project pursuant to this section until a public hearing has
15been held. At the hearing, the division department shall
16notify the public of the proposed project’s name, location,
17number of living units proposed, and approximate cost. Notice
18of the public hearing shall be published at least once in a
19newspaper of general circulation at least fifteen days prior to
20the date set for the hearing.
21 Sec. 509. Section 225C.47, subsection 2, Code 2023, is
22amended to read as follows:
232. A comprehensive family support program is created in the
24department of human services to provide a statewide system of
25services and support to eligible families. The program shall
26be implemented in a manner which enables a family member of
27an individual with a disability to identify the services and
28support needed to enable the individual to reside with the
29individual’s family, to function more independently, and to
30increase the individual’s integration into the community.
31 Sec. 510. Section 225C.49, Code 2023, is amended to read as
32follows:
33225C.49 Departmental duties concerning services to
34individuals with a disability.
351. The department shall provide coordination of the
-334-1programs administered by the department which serve individuals
2with a disability and the individuals’ families, including but
3not limited to the following juvenile justice and child welfare
4services: family-centered services described under section
5232.102, decategorization of child welfare funding provided
6for under section 232.188, and foster care services paid under
7section 234.35, subsection 3. The department shall regularly
8review administrative rules associated with such programs
9and make recommendations to the council on human services,
10governor, and general assembly for revisions to remove barriers
11to the programs for individuals with a disability and the
12individuals’ families including the following:
13a. Eligibility prerequisites which require declaring the
14individual at risk of abuse, neglect, or out-of-home placement.
15b. Time limits on services which restrict addressing ongoing
16needs of individuals with a disability and their families.
172. The department shall coordinate the department’s
18programs and funding utilized by individuals with a disability
19and their families with other state and local programs and
20funding directed to individuals with a disability and their
21families.
223. In implementing the provisions of this section, the
23department shall do all of the following:
24a. Compile information concerning services and other support
25available to individuals with a disability and their families.
26Make the information available to individuals with a disability
27and their families and department staff.
28b. Utilize internal training resources or contract for
29additional training of staff concerning the information
30under paragraph “a” and training of families and individuals
31as necessary to implement the family support subsidy and
32comprehensive family support programs under this chapter.
334. The department shall designate one individual whose sole
34duties are to provide central coordination of the programs
35under sections 225C.36 and 225C.47 and to oversee development
-335-1and implementation of the programs.
2 Sec. 511. Section 225C.51, Code 2023, is amended to read as
3follows:
4225C.51 Children’s behavioral health system state board.
51. A children’s behavioral health system state board
6is created as the state body to provide guidance on the
7implementation and management of a children’s behavioral health
8system for the provision of services to children with a serious
9emotional disturbance. State board members shall be appointed
10on the basis of interest and experience in the fields of
11children’s behavioral health to ensure adequate representation
12from persons with life experiences and from persons
13knowledgeable about children’s behavioral health services. The
14department shall provide support to the state board, and the
15board may utilize staff support and other assistance provided
16to the state board by other persons. The state board shall
17meet at least four times per year. The membership of the state
18board shall consist of the following persons:
19a. The director of the department of health and human
20services or the director’s designee.
21b. The director of the department of education or the
22director’s designee.
23c. The director of the department of public health or the
24director’s designee.
25d. c. The director of workforce development or the
26director’s designee.
27e. d. A member of the mental health and disability services
28commission.
29f. e. Members appointed by the governor who are active
30members of each of the indicated groups:
31(1) One member shall be selected from nominees submitted by
32the state court administrator.
33(2) One member shall be selected from nominees submitted by
34the early childhood Iowa office program in the department of
35management.
-336- 1(3) One member shall be a board member or an employee of a
2provider of mental health services to children.
3(4) One member shall be a board member or an employee of a
4provider of child welfare services.
5(5) One member shall be an administrator of an area
6education agency.
7(6) One member shall be an educator, counselor, or
8administrator of a school district.
9(7) One member shall be a representative of an established
10advocacy organization whose mission or purpose it is, in part,
11to further goals related to children’s mental health.
12(8) One member shall be a parent or guardian of a child
13currently utilizing or who has utilized behavioral health
14services.
15(9) One member shall be a sheriff.
16(10) One member shall be a pediatrician.
17(11) One member shall be a representative from a health care
18system.
19(12) One member shall be a chief executive officer of a
20mental health and disability services region.
21g. f. In addition to the voting members, the membership
22shall include four members of the general assembly with one
23member designated by each of the following: the majority
24leader of the senate, the minority leader of the senate, the
25speaker of the house of representatives, and the minority
26leader of the house of representatives. A legislative member
27serves for a term as provided in section 69.16B in a nonvoting,
28ex officio capacity and is not eligible for per diem and
29expenses as provided in section 2.10.
302. Members appointed by the governor shall serve four-year
31staggered terms and are subject to confirmation by the senate.
32The four-year terms shall begin and end as provided in section
3369.19. Vacancies on the state board shall be filled as
34provided in section 2.32. A member shall not be appointed for
35more than two consecutive four-year terms.
-337- 13. The director of the department of human services and the
2director of the department of education, or their designees,
3shall serve as co-chairpersons of the state board. Board
4members shall not be entitled to a per diem as specified in
5section 7E.6 and shall not be entitled to actual and necessary
6expenses incurred while engaged in their official duties.
7 Sec. 512. Section 225C.52, subsection 1, Code 2023, is
8amended to read as follows:
91. Advise the administrator director on the administration
10of the children’s behavioral health system.
11 Sec. 513. Section 225D.1, subsection 6, Code 2023, is
12amended to read as follows:
136. “Department” means the department of health and human
14services.
15 Sec. 514. Section 226.1, Code 2023, is amended to read as
16follows:
17226.1 Official designation — definitions.
181. The state hospitals for persons with mental illness shall
19be designated as follows:
20a. Mental Health Institute, Independence, Iowa.
21b. Mental Health Institute, Cherokee, Iowa.
222. a. The purpose of the mental health institutes is to
23operate as regional resource centers providing one or more of
24the following:
25(1) Treatment, training, care, habilitation, and support of
26persons with mental illness or a substance abuse problem use
27disorder.
28(2) Facilities, services, and other support to the
29communities located in the region being served by a mental
30health institute so as to maximize the usefulness of the mental
31health institutes while minimizing overall costs.
32(3) A unit for the civil commitment of sexually violent
33predators committed to the custody of the director of human
34services pursuant to chapter 229A.
35b. In addition, the mental health institutes are encouraged
-338-1to act as a training resource for community-based program
2staff, medical students, and other participants in professional
3education programs.
43. A mental health institute may request the approval of the
5council on human services to change the name of the institution
6for use in communication with the public, in signage, and in
7other forms of communication.
84. For the purposes of this chapter, unless the context
9otherwise requires:
10a. “Administrator” means the person assigned by the
11director of human services to control the state mental health
12institutes. “Council” means the council on health and human
13services.
14b. “Department” means the department of health and human
15services.
16c. “Director” means the director of health and human
17services.
18c. d. “Mental health and disability services region” means
19a mental health and disability services region formed in
20accordance with section 331.389.
21e. “Mental health institute” or “state mental health
22institute” means a state hospital for persons with mental
23illness as designated in this chapter.
24d. f. “Regional administrator” means the regional
25administrator of a mental health and disability services
26region, same as defined in section 331.388.
27 Sec. 515. Section 226.4, Code 2023, is amended to read as
28follows:
29226.4 Salary of superintendent.
30The salary of the superintendent of each hospital mental
31health institute shall be determined by the administrator
32 director.
33 Sec. 516. Section 226.5, Code 2023, is amended to read as
34follows:
35226.5 Superintendent as witness.
-339- 1The superintendents and assistant physicians of said
2hospitals the mental health institutes, when called as
3witnesses in any court, shall be paid the same mileage which
4other witnesses are paid and in addition thereto shall be paid
5a fee of twenty-five dollars per day, said the fee to revert to
6the support fund of the hospital mental health institute the
7superintendent or assistant physician serves.
8 Sec. 517. Section 226.6, Code 2023, is amended to read as
9follows:
10226.6 Duties of superintendent.
11The superintendent shall:
121. Have the control of the medical, mental, moral, and
13dietetic treatment of the patients in the superintendent’s
14custody subject to the approval of the administrator director.
152. Require all subordinate officers and employees to
16perform their respective duties.
173. Have an official seal with the name of the hospital
18 mental health institute and the word “Iowa” thereon and on
19the seal. The superintendent may affix the same seal to all
20notices, orders of discharge, or other papers required to be
21given by the superintendent.
224. Keep proper books in which shall be entered all moneys
23and supplies received on account of any patient and a detailed
24account of the disposition of the same all moneys and supplies.
25 Sec. 518. Section 226.7, subsection 1, paragraph a,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28Preference in the reception of patients into said hospitals
29 the mental health institutes shall be exercised in the
30following order:
31 Sec. 519. Section 226.8, subsection 1, paragraph b, Code
322023, is amended to read as follows:
33b. If determined appropriate for the person at the
34sole discretion of the director of human services, the
35administrator, or the director’s or administrator’s designee.
-340-1 Sec. 520. Section 226.9, Code 2023, is amended to read as
2follows:
3226.9 Custody of patient.
4The superintendent, upon the receipt of a duly executed
5order of admission of a patient into the hospital for persons
6with mental illness a state mental health institute, pursuant
7to section 229.13, shall take such the patient into custody and
8restrain the patient as provided by law and the rules of the
9administrator department, without liability on the part of such
10superintendent and all other officers of the hospital mental
11health institute to prosecution of any kind on account thereof,
12but no person shall be detained in the hospital mental health
13institute who is found by the superintendent to be in good
14mental health.
15 Sec. 521. Section 226.10, Code 2023, is amended to read as
16follows:
17226.10 Equal treatment.
18The patients of the state mental health institutes,
19according to their different conditions of mind and body, and
20their respective needs, shall be provided for and treated
21with equal care. If in addition to mental illness a patient
22has a co-occurring intellectual disability, brain injury, or
23substance abuse use disorder, the care provided shall also
24address the co-occurring needs.
25 Sec. 522. Section 226.11, Code 2023, is amended to read as
26follows:
27226.11 Special care permitted.
28Patients may have such special care as may be agreed upon
29with the superintendent, if the friends or relatives of the
30patient will pay the expense thereof of the special care.
31Charges for such special care and attendance shall be paid
32quarterly in advance.
33 Sec. 523. Section 226.12, Code 2023, is amended to read as
34follows:
35226.12 Monthly reports.
-341- 1The administrator director shall assure that the
2superintendent of each institute provides monthly reports
3concerning the programmatic, environmental, and fiscal
4condition of the mental health institute. The administrator
5 director or the administrator’s director’s designee shall
6periodically visit each institute to validate the information.
7 Sec. 524. Section 226.13, Code 2023, is amended to read as
8follows:
9226.13 Patients allowed to write.
10The name and address of the administrator director shall
11be kept posted in every ward in each hospital mental health
12institute. Every patient shall be allowed to write once a week
13what the patient pleases to said administrator the director
14 and to any other person. The superintendent may send letters
15addressed to other parties to the administrator director for
16inspection before forwarding them to the individual addressed.
17 Sec. 525. Section 226.14, Code 2023, is amended to read as
18follows:
19226.14 Writing material.
20Every patient shall be furnished by the superintendent or
21party having charge of such person the patient, at least once
22in each week, with suitable materials for writing, enclosing,
23sealing, and mailing letters, if the patient requests and uses
24the same materials.
25 Sec. 526. Section 226.15, Code 2023, is amended to read as
26follows:
27226.15 Letters to administrator director.
28The superintendent or other officer in charge of a patient
29shall, without reading the same letters, receive all letters
30addressed to the administrator director, if so requested, and
31shall properly mail the same letters, and deliver to such
32patient all letters or other writings addressed to the patient.
33Letters written to the person so confined patient may be
34examined by the superintendent, and if, in the superintendent’s
35opinion, the delivery of such letters would be injurious to the
-342-1person so confined patient, the superintendent shall return the
2letters to the writer with the superintendent’s reasons for not
3delivering them the letters.
4 Sec. 527. Section 226.16, Code 2023, is amended to read as
5follows:
6226.16 Unauthorized departure and retaking.
7It shall be the duty of the The superintendent and of all
8other officers and employees of any of said hospitals mental
9health institute, in case of the unauthorized departure of
10any involuntarily hospitalized patient, to shall exercise
11all due diligence to take into protective custody and return
12said the patient to the hospital mental health institute.
13A notification by the superintendent of such unauthorized
14departure to any peace officer of the state or to any private
15person shall be sufficient authority to such officer or person
16to take and return such the patient to the hospital mental
17health institute.
18 Sec. 528. Section 226.17, Code 2023, is amended to read as
19follows:
20226.17 Expense attending retaking.
21All actual and necessary expenses incurred in the taking
22into protective custody, restraint, and return to the hospital
23 mental health institute of the patient shall be paid on
24itemized vouchers, sworn to by the claimants and approved by
25the business manager and the administrator director or the
26director’s designee, from any moneys in the state treasury not
27otherwise appropriated.
28 Sec. 529. Section 226.18, Code 2023, is amended to read as
29follows:
30226.18 Investigation as to mental health.
31The administrator director may investigate the mental
32condition of any patient and shall discharge any person, if, in
33the administrator’s director’s opinion, such the person is not
34mentally ill, or can be cared for after such discharge without
35danger to others, and with benefit to the patient; but in. In
-343-1 determining whether such the patient shall be discharged, the
2recommendation of the superintendent shall be secured. If the
3administrator director orders the discharge of an involuntarily
4hospitalized patient, the discharge shall be by the procedure
5prescribed in section 229.16. The power to investigate the
6mental condition of a patient is merely permissive, and does
7not repeal or alter any statute respecting the discharge or
8commitment of patients of the state hospitals mental health
9institutes.
10 Sec. 530. Section 226.22, Code 2023, is amended to read as
11follows:
12226.22 Clothing furnished.
13Upon such discharge, the business manager department shall
14furnish such the person discharged, unless otherwise supplied,
15with suitable clothing and a sum of money not exceeding twenty
16dollars, which shall be charged with the other expenses of such
17 the patient in the hospital mental health institute.
18 Sec. 531. Section 226.23, Code 2023, is amended to read as
19follows:
20226.23 Convalescent leave of patients.
21Upon the recommendation of the superintendent and in
22accordance with section 229.15, subsection 5, in the case of
23an involuntary patient, the administrator director may place
24the patient on convalescent leave said patient for a period not
25to exceed one year, under such conditions as are prescribed by
26said administrator the director.
27 Sec. 532. Section 226.26, Code 2023, is amended to read as
28follows:
29226.26 Dangerous patients.
30The administrator director, on the recommendation of the
31superintendent, and on the application of the relatives or
32friends of a patient who is not cured and who cannot be safely
33allowed to go at liberty, may release the patient when fully
34satisfied that the relatives or friends will provide and
35maintain all necessary supervision, care, and restraint over
-344-1the patient. If the patient being released was involuntarily
2hospitalized, the consent of the district court which ordered
3the patient’s hospitalization placement shall be obtained in
4advance in substantially the manner prescribed by section
5229.14.
6 Sec. 533. Section 226.27, Code 2023, is amended to read as
7follows:
8226.27 Patient accused or acquitted of crime or awaiting
9judgment.
10If a patient was committed to a state hospital mental health
11institute for evaluation or treatment under chapter 812 or the
12rules of criminal procedure, further proceedings shall be had
13under chapter 812 or the applicable rule when the evaluation
14has been completed or the patient has regained mental capacity,
15as the case may be.
16 Sec. 534. Section 226.30, Code 2023, is amended to read as
17follows:
18226.30 Transfer of dangerous patients.
19When a patient of any hospital for persons with mental
20illness health institute becomes incorrigible and unmanageable
21to such an extent that the patient is dangerous to the safety
22of others in the hospital institute, the administrator
23 director, with the consent of the director of the Iowa
24department of corrections, may apply in writing to the district
25court or to any judge thereof of the district court, of
26the county in which the hospital institute is situated, for
27an order to transfer the patient to the Iowa medical and
28classification center and if the order is granted the patient
29shall be so transferred. The county attorney of the county
30shall appear in support of the application on behalf of the
31administrator director.
32 Sec. 535. Section 226.32, Code 2023, is amended to read as
33follows:
34226.32 Overcrowded conditions.
35The administrator director shall order the discharge or
-345-1removal from the hospital mental health institute of incurable
2and harmless patients whenever it is necessary to make room
3for recent cases. If a patient who is to be so discharged
4entered the hospital mental health institute voluntarily, the
5administrator director shall notify the regional administrator
6for the county interested at least ten days in advance of the
7day of actual discharge.
8 Sec. 536. Section 226.33, Code 2023, is amended to read as
9follows:
10226.33 Notice to court.
11When a patient who was hospitalized involuntarily and who
12has not fully recovered is discharged from the hospital mental
13health institute by the administrator director under section
14226.32, notice of the order shall at once be sent to the court
15which ordered the patient’s hospitalization, in the manner
16prescribed by section 229.14.
17 Sec. 537. Section 226.40, Code 2023, is amended to read as
18follows:
19226.40 Emergency patients.
20In case of emergency disaster, with the infliction of
21numerous casualties among the civilian population, the mental
22health institutes are authorized to may accept sick and wounded
23persons without commitment or any other formalities.
24 Sec. 538. Section 226.41, Code 2023, is amended to read as
25follows:
26226.41 Charge permitted.
27The hospital is authorized to make a mental health institute
28may charge for patients admitted under section 226.40, in the
29manner provided by law and subject to the changes provided in
30section 226.42.
31 Sec. 539. Section 226.42, Code 2023, is amended to read as
32follows:
33226.42 Emergency powers of superintendents.
34In case the mental health institutes lose contact with
35the statehouse seat of government, due to enemy action or
-346-1otherwise, the superintendents of the institutes are hereby
2delegated the following powers and duties may do any of the
3following:
41. May collect Collect moneys due the state treasury from
5the counties and from responsible persons or other relatives,
6these funds to be collected monthly, instead of quarterly, and
7to be deposited for use in operating the institutes.
82. The superintendent shall have the power to requisition
9 Requisition supplies, such as food, fuel, drugs and medical
10equipment, from any source available, in the name of the state,
11with the power to and enter into contracts binding the state
12for payment at an indefinite future time.
133. The superintendent shall be authorized to employ Employ
14 personnel in all categories and for whatever remuneration the
15superintendent deems necessary, without regard to existing
16laws, rules, or regulations, in order to permit the institute
17to continue its old existing functions, as well as and meet its
18additional responsibilities.
19 Sec. 540. Section 226.43, Code 2023, is amended to read as
20follows:
21226.43 Fund created.
22There is hereby established at each hospital mental health
23institute a fund known as the “patients’ personal deposit
24fund”.
25 Sec. 541. Section 226.44, Code 2023, is amended to read as
26follows:
27226.44 Deposits.
28Any funds, including social security benefits, coming into
29the possession of the superintendent or any employee of the
30hospital mental health institute belonging to any patient in
31that hospital mental health institute, shall be deposited in
32the name of that patient in the patients’ personal deposit
33fund, except that if a guardian of the property of that patient
34has been appointed, the guardian shall have the right to demand
35and receive such funds. Funds belonging to a patient deposited
-347-1in the patients’ personal deposit fund may be used for the
2purchase of personal incidentals, desires and comforts for the
3patient.
4 Sec. 542. Section 226.45, Code 2023, is amended to read as
5follows:
6226.45 Reimbursement to county or state.
7If a patient is not receiving medical assistance under
8chapter 249A and the amount in the account of any patient
9in the patients’ personal deposit fund exceeds two hundred
10dollars, the business manager of the hospital mental health
11institute may apply any of the excess to reimburse the county
12of residence or the state when the patient is a resident in
13another state or in a foreign country, or when the patient’s
14residence is unknown, for liability incurred by the county or
15the state for the payment of care, support, and maintenance of
16the patient, when billed by the county of residence or by the
17administrator when the patient is a resident in another state
18or in a foreign country, or when the patient’s residence is
19unknown department.
20 Sec. 543. Section 226.46, Code 2023, is amended to read as
21follows:
22226.46 Deposit of fund.
23The business manager department shall deposit the patients’
24personal deposit fund in a commercial account of a bank of
25reputable standing. When deposits in the commercial account
26exceed average monthly withdrawals, the business manager
27 department may deposit the excess at interest. The savings
28account shall be in the name of the patients’ personal deposit
29fund and interest paid thereon on the account may be used for
30recreational purposes at the hospital mental health institute.
31 Sec. 544. Section 227.1, Code 2023, is amended to read as
32follows:
33227.1 Definitions — supervision.
341. For the purposes of this chapter, unless the context
35otherwise requires:
-348- 1a. “Administrator” means the person assigned by the director
2of human services in the appropriate division of the department
3to administer mental health and disability services. “County
4care facility” means a county care facility operated under
5chapter 347B.
6b. “Department” means the department of health and human
7services.
8c. “Director” means the director of health and humans
9services.
10d. “Facility” includes a county care facility and a private
11or county facility, including a hospital, for persons with
12mental illness or an intellectual disability.
13c. e. “Mental health and disability services region” means
14a mental health and disability services region formed in
15accordance with section 331.389.
16f. “Patient” means a person receiving care in a facility or
17a state mental health institute.
18d. g. “Regional administrator” means the regional
19administrator of a mental health and disability services
20region, same as defined in section 331.388.
21h. “Resident” means a person cared for in a county care
22facility.
232. The regulatory requirements for county and private
24institutions facilities where persons with mental illness or
25an intellectual disability are admitted, committed, or placed
26shall be administered by the administrator department.
27 Sec. 545. Section 227.2, Code 2023, is amended to read as
28follows:
29227.2 Inspection.
301. The director of inspections and appeals shall make,
31or cause to be made, at least one licensure inspection each
32year of every county care facility. Either the administrator
33of the division director or the director of the department
34of inspections and appeals, in cooperation with each other,
35upon receipt of a complaint or for good cause, may make, or
-349-1cause to be made, a review of a county care facility or of any
2other private or county institution facility where persons with
3mental illness or an intellectual disability are admitted or
4 reside. A licensure inspection or a review shall be made by
5a competent and disinterested person who is acquainted with
6and interested in the care of persons with mental illness
7and persons with an intellectual disability. The objective
8of a licensure inspection or a review shall be an evaluation
9of the programming and treatment provided by the facility.
10After each licensure inspection of a county care facility,
11the person who made the inspection shall consult with the
12regional administrator for the county in which the facility is
13located on plans and practices that will improve the care given
14patients residents. The person shall also make recommendations
15to the administrator of the division and the director of
16public health for coordinating and improving the relationships
17between the administrators of county care facilities, the
18administrator of the division, the director of public health,
19 the superintendents of state mental health institutes and
20resource centers, community mental health centers, mental
21health and disability services regions, and other cooperating
22agencies, to cause improved and more satisfactory care of
23patients. A written report of each licensure inspection of a
24county care facility under this section shall be filed by the
25person with the administrator of the division and the director
26of public health department and shall include:
27a. The capacity of the institution facility for the care of
28residents.
29b. The number, sex, ages, and primary diagnoses of the
30residents.
31c. The care of residents, their food, clothing, treatment
32plan, employment, and opportunity for recreational activities
33and for productive work intended primarily as therapeutic
34activity.
35d. The number, job classification, sex, duties, and salaries
-350-1of all employees.
2e. The cost to the state or county of maintaining residents
3in a county care facility.
4f. The recommendations given to and received from the
5regional administrator on methods and practices that will
6improve the conditions under which the county care facility is
7operated.
8g. Any failure to comply with standards adopted under
9section 227.4 for care of persons with mental illness and
10persons with an intellectual disability in county care
11facilities, which is not covered in information submitted
12pursuant to paragraphs “a” through “f”, and any other matters
13which the director of public health, in consultation with the
14administrator of the division, may require.
152. A copy of the written report prescribed by subsection 1
16shall be furnished to the county board of supervisors, to the
17regional administrator for the county, to the administrator
18of the county care facility inspected and to its certified
19volunteer long-term care ombudsman, and to the department on
20aging.
213. The department of inspections and appeals shall inform
22the administrator of the division department of an action by
23the department of inspections and appeals to suspend, revoke,
24or deny renewal of a license issued by the department of
25inspections and appeals to a county care facility, and the
26reasons for the action.
274. In addition to the licensure inspections required or
28authorized by this section, the administrator of the division
29 department shall cause to be made an evaluation of each person
30cared for in a county care facility at least once each year by
31one or more qualified mental health, intellectual disability,
32or medical professionals, whichever is appropriate.
33a. It is the responsibility of the state to secure the
34annual evaluation for each person who is on convalescent leave
35or who has not been discharged from a state mental health
-351-1institute. It is the responsibility of the county to secure
2the annual evaluation for all other persons with mental illness
3in the county care facility.
4b. It is the responsibility of the state to secure the
5annual evaluation for each person who is on leave and has
6not been discharged from a state resource center. It is the
7responsibility of the county to secure the annual evaluation
8for all other persons with an intellectual disability in the
9county care facility.
10c. It is the responsibility of the county to secure an
11annual evaluation of each resident of a county care facility to
12whom neither paragraph “a” nor paragraph “b” is applicable.
135. The evaluations required by subsection 4 shall include
14an examination of each person which shall reveal the person’s
15condition of mental and physical health and the likelihood
16of improvement or discharge and other recommendations
17concerning the care of those persons as the evaluator deems
18pertinent. One copy of the evaluation shall be filed with the
19administrator of the division department and one copy shall be
20filed with the administrator of the county care facility.
21 Sec. 546. Section 227.3, Code 2023, is amended to read as
22follows:
23227.3 Residents to have hearing Resident and patient input.
24The inspector conducting any licensure inspection or review
25under section 227.2 shall give each resident or patient an
26opportunity to converse with the inspector out of the hearing
27of any officer or employee of the institution facility, and
28shall fully investigate all complaints and report the result in
29writing to the administrator of the division department. The
30administrator department before acting on the report adversely
31to the institution facility, shall give the persons in charge a
32copy of the report and an opportunity to be heard.
33 Sec. 547. Section 227.4, Code 2023, is amended to read as
34follows:
35227.4 Standards for care of persons with mental illness or an
-352-1intellectual disability in county care facilities.
2The administrator department, in cooperation with the
3department of inspections and appeals, shall recommend
4and the mental health and disability services commission
5created in section 225C.5 shall adopt, or amend and adopt,
6standards for the care of and services to persons with
7mental illness or an intellectual disability residing in
8county care facilities. The standards shall be enforced by
9the department of inspections and appeals as a part of the
10licensure inspection conducted pursuant to chapter 135C. The
11objective of the standards is to ensure that persons with
12mental illness or an intellectual disability who are residents
13of county care facilities are not only adequately fed, clothed,
14and housed, but are also offered reasonable opportunities for
15productive work and recreational activities suited to their
16physical and mental abilities and offering both a constructive
17outlet for their energies and, if possible, therapeutic
18benefit. When recommending standards under this section, the
19administrator department shall designate an advisory committee
20representing administrators of county care facilities, regional
21administrators, mental health and disability services region
22governing boards, and county care facility certified volunteer
23long-term care ombudsmen to assist in the establishment of
24standards.
25 Sec. 548. Section 227.6, Code 2023, is amended to read as
26follows:
27227.6 Removal of residents or patients.
28If a county care facility fails to comply with rules and
29standards adopted under this chapter, the administrator
30 department may remove all persons with mental illness and
31all persons with an intellectual disability cared for in
32the county care facility at public expense, to the proper
33state mental health institute or resource center, or to
34some private or county institution or hospital facility for
35the care of persons with mental illness or an intellectual
-353-1disability that has complied with the rules prescribed by
2the administrator department. Residents being transferred
3to a state mental health institute or resource center shall
4be accompanied by an attendant or attendants sent from the
5institute or resource center. If a resident is transferred
6under this section, at least one attendant shall be of the
7same sex. If the administrator department finds that the
8needs of residents patients with mental illness and residents
9 patients with an intellectual disability of any other county
10or private institution facility are not being adequately met,
11those residents patients may be removed from that institution
12 facility upon order of the administrator department.
13 Sec. 549. Section 227.7, Code 2023, is amended to read as
14follows:
15227.7 Cost — collection from county.
16The cost of such removal, including all expenses of said
17 the attendant, shall be certified by the superintendent of the
18hospital facility receiving the patient, to the director of
19the department of administrative services, who shall draw a
20warrant upon the treasurer of state for said sum the amount,
21which shall be credited to the support fund of said hospital
22 the facility and charged against the general revenues of the
23state and collected by the director of the department of
24administrative services from the county which sent said the
25 patient to said institution the facility.
26 Sec. 550. Section 227.8, Code 2023, is amended to read as
27follows:
28227.8 Notification to guardians.
29The administrator department shall notify the guardian,
30or one or more of the relatives, of patients kept at private
31expense, of all violations of said the rules by said the
32 private or county institutions facilities, and of the action of
33the administrator department as to all other patients.
34 Sec. 551. Section 227.9, Code 2023, is amended to read as
35follows:
-354- 1227.9 Investigating mental health.
2Should When the administrator believe department determines
3 that any person in any such county or private institution
4 facility is in good mental health, or illegally restrained
5of liberty, the administrator department shall institute and
6prosecute proceedings in the name of the state, before the
7proper officer, board, or court, for the discharge of such the
8 person.
9 Sec. 552. Section 227.10, Code 2023, is amended to read as
10follows:
11227.10 Transfers from county or private institutions
12 facilities.
13Patients who have been admitted at public expense to any
14institution facility to which this chapter is applicable may
15be involuntarily transferred to the proper state hospital for
16persons with mental illness health institute in the manner
17prescribed by sections 229.6 through 229.13. The application
18required by section 229.6 may be filed by the administrator
19of the division director or the administrator’s director’s
20 designee, or by the administrator of the institution facility
21 where the patient is then being maintained or treated.
22If the patient was admitted to that institution facility
23 involuntarily, the administrator of the division department
24 may arrange and complete the transfer, and shall report it
25as required of a chief medical officer under section 229.15,
26subsection 5. The transfer shall be made at the mental health
27and disability services region’s expense, and the expense
28recovered, as provided in section 227.7. However, transfer
29under this section of a patient whose expenses are payable
30in whole or in part by the mental health and disability
31services region is subject to an authorization for the transfer
32through the regional administrator for the patient’s county of
33residence.
34 Sec. 553. Section 227.11, Code 2023, is amended to read as
35follows:
-355- 1227.11 Transfers from state hospitals mental health
2institutes.
3A regional administrator for the county chargeable with
4the expense of a patient in a state hospital for persons with
5 mental illness health institute shall transfer the patient
6to a county or private institution facility for persons with
7mental illness that is in compliance with the applicable
8rules when the administrator of the division director or the
9administrator’s director’s designee orders the transfer on a
10finding that the patient is suffering from a serious mental
11illness and will receive equal benefit by being so transferred.
12A mental health and disability services region shall transfer
13to a county care facility any patient in a state hospital for
14persons with mental illness health institute upon request
15of the superintendent of the state hospital mental health
16institute in which the patient is confined pursuant to the
17superintendent’s authority under section 229.15, subsection 5,
18and approval by the regional administrator for the county of
19the patient’s residence. In no case shall a patient be thus
20 transferred except upon compliance with section 229.14A or
21without the written consent of a relative, friend, or guardian
22if such relative, friend, or guardian pays the expense of
23the care of such patient in a state hospital mental health
24institute. Patients transferred to a public or private
25facility under this section may subsequently be placed on
26convalescent or limited leave or transferred to a different
27facility for continued full-time custody, care, and treatment
28when, in the opinion of the attending physician or the chief
29medical officer of the hospital facility from which the patient
30was so transferred, the best interest of the patient would be
31served by such the leave or transfer. For any patient who is
32involuntarily committed, any transfer made under this section
33is subject to the placement hearing requirements of section
34229.14A.
35 Sec. 554. Section 227.12, Code 2023, is amended to read as
-356-1follows:
2227.12 Difference of opinion.
3When a difference of opinion exists between the
4administrator of the division director and the authorities in
5charge of any private or county hospital facility in regard to
6the transfer of a patient as provided in sections 227.10 and
7227.11, the matter shall be submitted to the district court
8of the county in which such hospital the facility is situated
9and shall be summarily tried as an equitable action, and the
10judgment of the district court shall be final.
11 Sec. 555. Section 227.13, Code 2023, is amended to read as
12follows:
13227.13 Discharge of transferred patient.
14Patients transferred from a state hospital mental health
15institute to such county or private institutions facilities
16 shall not be discharged, when not cured, without the consent of
17the administrator of the division director.
18 Sec. 556. Section 227.14, Code 2023, is amended to read as
19follows:
20227.14 Caring for persons with mental illness from other
21counties.
22The regional administrator for a county that does not have
23proper facilities for caring for persons with mental illness
24may, with the consent of the administrator of the division
25 department, provide for such care at the expense of the mental
26health and disability services region in any convenient and
27proper county or private institution facility for persons with
28mental illness which is willing to receive the persons.
29 Sec. 557. Section 227.15, Code 2023, is amended to read as
30follows:
31227.15 Authority to involuntarily confine in hospital.
32No A person shall not be involuntarily confined and
33restrained in any private institution or hospital or county
34hospital facility or other general hospital with a psychiatric
35ward for the care or treatment of persons with mental illness,
-357-1except by the procedure prescribed in sections 229.6 through
2229.15.
3 Sec. 558. Section 229.1, Code 2023, is amended to read as
4follows:
5229.1 Definitions.
6As used in this chapter, unless the context clearly requires
7otherwise:
81. “Administrator” means the administrator of the department
9of human services assigned, in accordance with section
10218.1, to control the state mental health institutes, or that
11administrator’s designee.
122. 1. “Advocate” means a mental health advocate.
133. 2. “Auditor” means the county auditor or the auditor’s
14designee.
154. 3. “Chemotherapy” means treatment of an individual by
16use of a drug or substance which cannot legally be delivered
17or administered to the ultimate user without a physician’s
18prescription or medical order.
195. 4. “Chief medical officer” means the medical director in
20charge of a public or private hospital, or that individual’s
21physician-designee. This chapter does not negate the authority
22otherwise reposed by law in the respective superintendents
23of each of the state hospitals for persons with mental
24illness health institutes, established by chapter 226, to
25make decisions regarding the appropriateness of admissions or
26discharges of patients of that hospital, state mental health
27institute; however, it is the intent of this chapter that if
28the superintendent is not a licensed physician the decisions by
29the superintendent shall be corroborated by the chief medical
30officer of the hospital mental health institute.
316. 5. “Clerk” means the clerk of the district court.
326. “Department” means the department of health and human
33services.
347. “Director” means the director of health and human
35services.
-358- 17. 8. “Hospital” means either a public hospital or a
2private hospital.
38. 9. “Licensed physician” means an individual licensed
4under the provisions of chapter 148 to practice medicine and
5surgery or osteopathic medicine and surgery.
69. 10. “Magistrate” means the same as defined in section
7801.4, subsection 10.
810. 11. “Mental health and disability services region”
9means a mental health and disability services region formed in
10accordance with section 331.389.
1111. 12. “Mental health professional” means the same as
12defined in section 228.1.
1312. 13. “Mental illness” means every type of mental
14disease or mental disorder, except that it does not refer to
15an intellectual disability as defined in section 4.1, or to
16insanity, diminished responsibility, or mental incompetency as
17the terms are defined and used in the Iowa criminal code or in
18the rules of criminal procedure, Iowa court rules.
1913. 14. “Patient” means a person who has been hospitalized
20or ordered hospitalized to receive treatment pursuant to
21section 229.14.
2214. 15. “Private hospital” means any hospital or
23institution facility not directly supported by public funds, or
24a part thereof of such hospital or facility, which is equipped
25and staffed to provide inpatient care to persons with mental
26illness.
2715. 16. “Psychiatric advanced registered nurse practitioner”
28means an individual currently licensed as a registered nurse
29under chapter 152 or 152E who holds a national certification in
30psychiatric mental health care and who is licensed by the board
31of nursing as an advanced registered nurse practitioner.
3216. 17. “Public hospital” means any of the following:
33a. A state mental health institute established by chapter
34226; or.
35b. The state psychiatric hospital established by chapter
-359-1225; or.
2c. Any other publicly supported hospital or institution
3 facility, or part of such hospital or institution facility,
4which is equipped and staffed to provide inpatient care to
5persons with mental illness, except the Iowa medical and
6classification center established by chapter 904.
717. 18. “Region” means a mental health and disability
8services region formed in accordance with section 331.389.
918. 19. “Regional administrator” means the regional
10administrator of a mental health and disability services
11region, same as defined in section 331.388.
1219. 20. “Respondent” means any person against whom an
13application has been filed under section 229.6, but who has not
14been finally ordered committed for full-time custody, care, and
15treatment in a hospital.
1620. 21. “Serious emotional injury” is an injury which does
17not necessarily exhibit any physical characteristics, but which
18can be recognized and diagnosed by a licensed physician or
19other mental health professional and which can be causally
20connected with the act or omission of a person who is, or is
21alleged to be, mentally ill.
2221. 22. “Seriously mentally impaired” or “serious mental
23impairment” describes the condition of a person with mental
24illness and because of that illness lacks sufficient judgment
25to make responsible decisions with respect to the person’s
26hospitalization or treatment, and who because of that illness
27meets any of the following criteria:
28a. Is likely to physically injure the person’s self or
29others if allowed to remain at liberty without treatment.
30b. Is likely to inflict serious emotional injury on
31members of the person’s family or others who lack reasonable
32opportunity to avoid contact with the person with mental
33illness if the person with mental illness is allowed to remain
34at liberty without treatment.
35c. Is unable to satisfy the person’s needs for nourishment,
-360-1clothing, essential medical care, or shelter so that it is
2likely that the person will suffer physical injury, physical
3debilitation, or death.
4d. Has a history of lack of compliance with treatment and
5any of the following apply applies:
6(1) Lack of compliance has been a significant factor in the
7need for emergency hospitalization.
8(2) Lack of compliance has resulted in one or more acts
9causing serious physical injury to the person’s self or others
10or an attempt to physically injure the person’s self or others.
11 Sec. 559. Section 229.2, subsection 1, paragraph b,
12subparagraphs (1) and (2), Code 2023, are amended to read as
13follows:
14(1) Upon receipt of an application for voluntary admission
15of a minor, the chief medical officer shall provide separate
16prescreening interviews and consultations with the parent,
17guardian, or custodian and the minor to assess the family
18environment and the appropriateness of the application for
19admission.
20(2) During the interview and consultation the chief medical
21officer shall inform the minor orally and in writing that the
22minor has a right to object to the admission. If the chief
23medical officer of the hospital to which application is made
24determines that the admission is appropriate but the minor
25objects to the admission, the parent, guardian, or custodian
26must petition the juvenile court for approval of the admission
27before the minor is actually admitted.
28 Sec. 560. Section 229.4, Code 2023, is amended to read as
29follows:
30229.4 Right to release on application.
31A voluntary patient who requests release or whose release
32is requested, in writing, by the patient’s legal guardian,
33parent, spouse, or adult next of kin shall be released from the
34hospital forthwith, except that in accordance with all of the
35following, as applicable:
-361- 11. If the patient was admitted on the patient’s own
2application and the request for release is made by some other
3person, release may be conditioned upon the agreement of the
4patient.
52. If the patient is a minor who was admitted on the
6application of the patient’s parent, guardian, or custodian
7pursuant to section 229.2, subsection 1, the patient’s release
8prior to becoming eighteen years of age may be conditioned upon
9the consent of the parent, guardian, or custodian, or upon the
10approval of the juvenile court if the admission was approved by
11the juvenile court; and.
123. If the chief medical officer of the hospital, not later
13than the end of the next secular day on which the office of
14the clerk of the district court for the county in which the
15hospital is located is open and which follows the submission
16of the written request for release of the patient, files with
17that clerk a certification that in the chief medical officer’s
18opinion the patient is seriously mentally impaired, the release
19may be postponed for the period of time the court determines
20is necessary to permit commencement of judicial procedure
21for involuntary hospitalization. That period of time may
22not exceed five days, exclusive of days on which the clerk’s
23office is not open unless the period of time is extended by
24order of a district court judge for good cause shown. Until
25disposition of the application for involuntary hospitalization
26of the patient is determined, if one an application is timely
27filed, the chief medical officer may detain the patient in
28the hospital and may provide treatment which is necessary
29to preserve the patient’s life, or to appropriately control
30behavior by the patient which is likely to result in physical
31injury to the patient or to others if allowed to continue, but
32may not otherwise provide treatment to the patient without the
33patient’s consent.
34 Sec. 561. Section 229.6, subsection 1, Code 2023, is amended
35to read as follows:
-362- 11. Proceedings for the involuntary hospitalization of an
2individual pursuant to this chapter or for the involuntary
3commitment or treatment of a person with a substance-related
4 substance use disorder to a facility pursuant to chapter
5125 may be commenced by any interested person by filing a
6verified application with the clerk of the district court of
7the county where the respondent is presently located, or which
8is the respondent’s place of residence. The clerk, or the
9clerk’s designee, shall assist the applicant in completing the
10application.
11 Sec. 562. Section 229.6, subsection 2, paragraph a,
12subparagraph (1), Code 2023, is amended to read as follows:
13(1) A substance-related substance use disorder as defined
14in section 125.2.
15 Sec. 563. Section 229.8, Code 2023, is amended to read as
16follows:
17229.8 Procedure after application is filed.
18As soon as practicable after the filing of an application
19pursuant to section 229.6, the court shall do all of the
20following:
211. Determine whether the respondent has an attorney
22who is able and willing to represent the respondent in the
23hospitalization proceeding, and if not, whether the respondent
24is financially able to employ an attorney and capable of
25meaningfully assisting in selecting one. In accordance with
26those determinations, the court shall if necessary allow the
27respondent to select, or shall assign to the respondent, an
28attorney. If the respondent is financially unable to pay an
29attorney, the attorney shall be compensated by the mental
30health and disability services region at an hourly rate to be
31established by the regional administrator for the county in
32which the proceeding is held in substantially the same manner
33as provided in section 815.7.
342. Cause copies of the application and supporting
35documentation to be sent to the county attorney or the county
-363-1attorney’s attorney-designate for review.
23. Issue a written order which shall provide for all of the
3following:
4a. If not previously done, set a time and place for a
5hospitalization hearing, which shall be at the earliest
6practicable time not less than forty-eight hours after notice
7to the respondent, unless the respondent waives such minimum
8prior notice requirement; and.
9b. Order an examination of the respondent, prior to
10the hearing, by one or more licensed physicians or mental
11health professionals who shall submit a written report on the
12examination to the court as required by section 229.10.
13 Sec. 564. Section 229.11, subsection 1, Code 2023, is
14amended to read as follows:
151. If the applicant requests that the respondent be taken
16into immediate custody and the judge, upon reviewing the
17application and accompanying documentation, finds probable
18cause to believe that the respondent has a serious mental
19impairment and is likely to injure the respondent or other
20persons if allowed to remain at liberty, the judge may enter
21a written order directing that the respondent be taken into
22immediate custody by the sheriff or the sheriff’s deputy
23and be detained until the hospitalization hearing. The
24hospitalization hearing shall be held no more than five days
25after the date of the order, except that if the fifth day after
26the date of the order is a Saturday, Sunday, or a holiday, the
27hearing may be held on the next succeeding business day. If
28the expenses of a respondent are payable in whole or in part by
29a mental health and disability services region, for a placement
30in accordance with paragraph “a”, the judge shall give notice of
31the placement to the regional administrator for the county in
32which the court is located, and for a placement in accordance
33with paragraph “b” or “c”, the judge shall order the placement
34in a hospital or facility designated through the regional
35administrator. The judge may order the respondent detained for
-364-1the period of time until the hearing is held, and no longer,
2in accordance with paragraph “a”, if possible, and if not then
3in accordance with paragraph “b”, or, only if neither of these
4alternatives is available, in accordance with paragraph “c”.
5Detention may be in any of the following:
6a. In the custody of a relative, friend, or other suitable
7person who is willing to accept responsibility for supervision
8of the respondent, and the respondent may be placed under
9such reasonable restrictions as the judge may order including
10but not limited to restrictions on or a prohibition of any
11expenditure, encumbrance, or disposition of the respondent’s
12funds or property; or.
13b. In a suitable hospital the chief medical officer of
14which shall be informed of the reasons why immediate custody
15has been ordered and may provide treatment which is necessary
16to preserve the respondent’s life, or to appropriately control
17behavior by the respondent which is likely to result in
18physical injury to the respondent or to others if allowed
19to continue, but may not otherwise provide treatment to the
20respondent without the respondent’s consent; or.
21c. In the nearest facility in the community which is
22licensed to care for persons with mental illness or substance
23abuse use disorder, provided that detention in a jail or other
24facility intended for confinement of those accused or convicted
25of crime shall not be ordered.
26 Sec. 565. Section 229.13, subsection 1, paragraph b, Code
272023, is amended to read as follows:
28b. The court shall order any other respondent placed under
29the care of an appropriate hospital or facility licensed to
30care for persons with mental illness or substance abuse use
31disorder on an inpatient or outpatient basis.
32 Sec. 566. Section 229.15, subsections 4 and 5, Code 2023,
33are amended to read as follows:
344. When a patient has been placed in an alternative facility
35other than a hospital pursuant to a report issued under section
-365-1229.14, subsection 1, paragraph “d”, a report on the patient’s
2condition and prognosis shall be made to the court which placed
3the patient, at least once every six months, unless the court
4authorizes annual reports. If an evaluation of the patient is
5performed pursuant to section 227.2, subsection 4, a copy of
6the evaluation report shall be submitted to the court within
7fifteen days of the evaluation’s completion. The court may
8in its discretion waive the requirement of an additional
9report between the annual evaluations. If the administrator
10 department exercises the authority to remove residents or
11patients from a county care facility or other county or private
12institution facility under section 227.6, the administrator
13 department shall promptly notify each court which placed in
14that facility any resident so or patient removed.
155. a. When in the opinion of the chief medical officer the
16best interest of a patient would be served by a convalescent
17or limited leave, the chief medical officer may authorize the
18leave and, if authorized, shall promptly report the leave to
19the court. When in the opinion of the chief medical officer
20the best interest of a patient would be served by a transfer
21to a different hospital for continued full-time custody, care,
22and treatment, the chief medical officer shall promptly send
23a report to the court. The court shall act upon the report in
24accordance with section 229.14A.
25b. This subsection shall not be construed to add to or
26restrict the authority otherwise provided by law for transfer
27of patients or residents among various state institutions
28administered by the department of human services. If a patient
29is transferred under this subsection, the treatment provider to
30whom the patient is transferred shall be provided with copies
31of relevant court orders by the former treatment provider.
32 Sec. 567. Section 229.19, subsection 1, paragraphs a and e,
33Code 2023, are amended to read as follows:
34a. In each county the board of supervisors shall appoint
35an individual who has demonstrated by prior activities an
-366-1informed concern for the welfare and rehabilitation of persons
2with mental illness, and who is not an officer or employee
3of the department of human services, an officer or employee
4of a region, an officer or employee of a county performing
5duties for a region, or an officer or employee of any agency
6or facility providing care or treatment to persons with mental
7illness, to act as an advocate representing the interests of
8patients involuntarily hospitalized by the court, in any matter
9relating to the patients’ hospitalization or treatment under
10section 229.14 or 229.15.
11e. An advocate may also be assigned pursuant to this section
12for an individual who has been diagnosed with a co-occurring
13mental illness and substance-related substance use disorder.
14 Sec. 568. Section 229.21, Code 2023, is amended to read as
15follows:
16229.21 Judicial hospitalization referee — appeals to
17district court.
181. The chief judge of each judicial district may appoint
19at least one judicial hospitalization referee for each county
20within the district. The judicial hospitalization referee
21shall be an attorney, licensed to practice law in this state,
22who shall be chosen with consideration to any training,
23experience, interest, or combination of those factors, which
24are pertinent to the duties of the office. The referee
25shall hold office at the pleasure of the chief judge of the
26judicial district and receive compensation at a rate fixed by
27the supreme court. If the referee expects to be absent for
28any significant length of time, the referee shall inform the
29chief judge who may appoint a temporary substitute judicial
30hospitalization referee having the qualifications set forth in
31this subsection.
322. When an application for involuntary hospitalization
33under section 229.6 or for involuntary commitment or treatment
34of persons with substance-related disorders a substance
35use disorder under section 125.75 is filed with the clerk
-367-1of the district court in any county for which a judicial
2hospitalization referee has been appointed, and no district
3judge, district associate judge, or magistrate who is admitted
4to the practice of law in this state is accessible, the clerk
5shall immediately notify the referee in the manner required by
6section 229.7 or section 125.77. The referee shall discharge
7all of the duties imposed upon the court by sections 229.7
8through 229.19, this section, and section 229.22 or sections
9125.75 through 125.94 in the proceeding so initiated. Subject
10to the provisions of subsection 4, orders issued by a referee,
11in discharge of duties imposed under this section, shall have
12the same force and effect as if ordered by a district judge.
13However, any commitment to a facility regulated and operated
14under chapter 135C shall be in accordance with section 135C.23.
153. a. Any respondent with respect to whom the magistrate
16or judicial hospitalization referee has found the contention
17that the respondent is seriously mentally impaired or a person
18with a substance-related substance use disorder sustained by
19clear and convincing evidence presented at a hearing held
20under section 229.12 or section 125.82, may appeal from the
21magistrate’s or referee’s finding to a judge of the district
22court by giving the clerk notice in writing, within ten days
23after the magistrate’s or referee’s finding is made, that an
24appeal is taken. The appeal may be signed by the respondent or
25by the respondent’s next friend, guardian, or attorney.
26b. An order of a magistrate or judicial hospitalization
27referee with a finding that the respondent is seriously
28mentally impaired or a person with a substance-related
29 substance use disorder shall include the following notice,
30located conspicuously on the face of the order:
31NOTE: The respondent may appeal from this order to a judge of
32the district court by giving written notice of the appeal to
33the clerk of the district court within ten days after the date
34of this order. The appeal may be signed by the respondent or
35by the respondent’s next friend, guardian, or attorney. For a
-368-1more complete description of the respondent’s appeal rights,
2consult section 229.21 of the Code of Iowa or an attorney.
3c. When appealed, the matter shall stand for trial de novo.
4Upon appeal, the court shall schedule a hospitalization or
5commitment hearing before a district judge at the earliest
6practicable time.
7d. Any respondent with respect to whom the magistrate or
8judicial hospitalization referee has held a placement hearing
9and has entered a placement order may appeal the order to a
10judge of the district court. The request for appeal must be
11given to the clerk in writing within ten days of the entry of
12the magistrate’s or referee’s order. The request for appeal
13shall be signed by the respondent, or the respondent’s next
14friend, guardian, or attorney.
154. If the appellant is in custody under the jurisdiction
16of the district court at the time of service of the notice of
17appeal, the appellant shall be discharged from custody unless
18an order that the appellant be taken into immediate custody has
19previously been issued under section 229.11 or section 125.81,
20in which case the appellant shall be detained as provided in
21that section until the hospitalization or commitment hearing
22before the district judge. If the appellant is in the custody
23of a hospital or facility at the time of service of the notice
24of appeal, the appellant shall be discharged from custody
25pending disposition of the appeal unless the chief medical
26officer, not later than the end of the next secular day on
27which the office of the clerk is open and which follows service
28of the notice of appeal, files with the clerk a certification
29that in the chief medical officer’s opinion the appellant is
30seriously mentally ill or a person with a substance-related
31 substance use disorder. In that case, the appellant shall
32remain in custody of the hospital or facility until the
33hospitalization or commitment hearing before the district
34court.
355. The hospitalization or commitment hearing before the
-369-1district judge shall be held, and the judge’s finding shall
2be made and an appropriate order entered, as prescribed by
3sections 229.12 and 229.13 or sections 125.82 and 125.83.
4If the judge orders the appellant hospitalized or committed
5for a complete psychiatric or substance abuse use disorder
6 evaluation, jurisdiction of the matter shall revert to the
7judicial hospitalization referee.
8 Sec. 569. Section 229.23, subsection 3, Code 2023, is
9amended to read as follows:
103. In addition to protection of the person’s constitutional
11rights, enjoyment of other legal, medical, religious, social,
12political, personal and working rights and privileges which
13the person would enjoy if the person were not so hospitalized
14or detained, so far as is possible consistent with effective
15treatment of that person and of the other patients of the
16hospital. If the patient’s rights are restricted, the
17physician’s or mental health professional’s direction to
18that effect shall be noted on the patient’s record. The
19department of human services shall, in accordance with chapter
2017A establish rules setting forth the specific rights and
21privileges to which persons so hospitalized or detained are
22entitled under this section, and the exceptions provided by
23section 17A.2, subsection 11, paragraphs “a” and “k”, shall not
24be applicable to the rules so established. The patient or the
25patient’s next of kin or friend shall be advised of these rules
26and be provided a written copy upon the patient’s admission to
27or arrival at the hospital.
28 Sec. 570. Section 229.24, subsection 1, Code 2023, is
29amended to read as follows:
301. All papers and records pertaining to any involuntary
31hospitalization or application pursuant to section 229.6 of any
32person under this chapter, whether part of the permanent record
33of the court or of a file in the department of human services,
34are subject to inspection only upon an order of the court for
35good cause shown.
-370-1 Sec. 571. Section 229.26, Code 2023, is amended to read as
2follows:
3229.26 Exclusive procedure for involuntary hospitalization.
4Sections 229.6 through 229.19 constitute the exclusive
5procedure for involuntary hospitalization of persons by reason
6of serious mental impairment in this state, except that this
7chapter does not negate the provisions of section 904.503
8relating to transfer of prisoners with mental illness to state
9hospitals for persons with mental illness health institutes and
10does not apply to commitments of persons under chapter 812 or
11the rules of criminal procedure, Iowa court rules, or negate
12the provisions of section 232.51 relating to disposition of
13children with mental illness.
14 Sec. 572. Section 229.27, subsection 3, Code 2023, is
15amended to read as follows:
163. A hearing limited to the question of the person’s
17competence and conducted in substantially the manner prescribed
18in sections 633.552, 633.556, 633.558, and 633.560 shall be
19held when any of the following circumstances applies:
20a. The court is petitioned or proposes upon its own motion
21to find incompetent by reason of mental illness a person whose
22involuntary hospitalization has been ordered under section
23229.13 or 229.14, and who contends that the person is not
24incompetent; or.
25b. A person previously found incompetent by reason of mental
26illness under subsection 2 petitions the court for a finding
27that the person is no longer incompetent and, after notice to
28the applicant who initiated the petition for hospitalization
29of the person and to any other party as directed by the court,
30an objection is filed with the court. The court may order a
31hearing on its own motion before acting on a petition filed
32under this paragraph. A petition by a person for a finding
33that the person is no longer incompetent may be filed at any
34time without regard to whether the person is at that time
35hospitalized for treatment of mental illness.
-371-1 Sec. 573. Section 229.41, Code 2023, is amended to read as
2follows:
3229.41 Voluntary admission — state mental health institute.
4Persons making application pursuant to section 229.2 on
5their own behalf or on behalf of another person who is under
6eighteen years of age, if the person whose admission is sought
7is received for observation and treatment on the application,
8shall be required to pay the costs of hospitalization at rates
9established by the administrator department. The costs may
10be collected weekly in advance and shall be payable at to the
11business office of the hospital state mental health institute.
12The collections shall be remitted to the department of human
13services monthly to be credited to the general fund of the
14state.
15 Sec. 574. Section 229.42, Code 2023, is amended to read as
16follows:
17229.42 Costs paid by county — state mental health institute.
181. If a person wishing to make application for voluntary
19admission to a state mental hospital established by chapter 226
20health institute is unable to pay the costs of hospitalization
21or those responsible for the person are unable to pay the
22costs, application for authorization of voluntary admission
23must be made through a regional administrator before
24application for admission is made to the hospital state mental
25health institute. The person’s county of residence shall
26be determined through the regional administrator and if the
27admission is approved through the regional administrator, the
28person’s admission to a state mental health hospital institute
29 shall be authorized as a voluntary case. The authorization
30shall be issued on forms provided by the department of human
31services’ administrator. The costs of the hospitalization
32shall be paid by the county of residence through the regional
33administrator to the department of human services and credited
34to the general fund of the state, provided that the state
35 mental health hospital institute rendering the services has
-372-1certified to the county auditor of the county of residence and
2the regional administrator the amount chargeable to the mental
3health and disability services region and has sent a duplicate
4statement of the charges to the department of human services.
5A mental health and disability services region shall not be
6billed for the cost of a patient unless the patient’s admission
7is authorized through the regional administrator. The state
8 mental health institute and the regional administrator shall
9work together to locate appropriate alternative placements
10and services, and to educate patients and family members of
11patients regarding such alternatives.
122. All the provisions of chapter 230 shall apply to such the
13 voluntary patients so far as is to the extent applicable.
143. The provisions of this section and of section 229.41
15shall apply to all voluntary inpatients or outpatients
16receiving mental health services either away from or at the
17institution state mental health institute.
184. If a county fails to pay the billed charges within
19forty-five days from the date the county auditor received the
20certification statement from the superintendent, the department
21of human services shall charge the delinquent county the
22penalty of one percent per month on and after forty-five days
23from the date the county received the certification statement
24until paid. The penalties received shall be credited to the
25general fund of the state.
26 Sec. 575. Section 229.43, Code 2023, is amended to read as
27follows:
28229.43 Nonresident patients — state mental health
29institutes.
30The administrator department may place patients of state
31 mental health institutes who are nonresidents on convalescent
32leave to a private sponsor or in a health care facility
33licensed under chapter 135C, when in the opinion of the
34administrator director the placement is in the best interests
35of the patient and the state of Iowa. If the patient was
-373-1involuntarily hospitalized, the district court which ordered
2hospitalization of the patient must shall be informed when the
3patient is placed on convalescent leave, as required by section
4229.15, subsection 5.
5 Sec. 576. Section 229.45, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7The department of human services, in consultation with
8the office of attorney general, shall develop a summary of
9the procedures involved in an involuntary commitment and
10information concerning the participation of an applicant in the
11proceedings. The summary shall be provided by the department,
12at the department’s expense, to the clerks of the district
13court who shall make the summary available to all applicants
14prior to the filing of a verified application, or to any other
15person upon request, and who shall attach a copy of the summary
16to the notice of hearing which is served upon the respondent
17under section 125.77 or 229.7. The summary may include, but is
18not limited to, the following:
19 Sec. 577. Section 229A.2, Code 2023, is amended to read as
20follows:
21229A.2 Definitions.
22As used in this chapter:
231. “Agency with jurisdiction” means an agency which has
24custody of or releases a person serving a sentence or term
25of confinement or is otherwise in confinement based upon a
26lawful order or authority, and includes but is not limited to
27the department of corrections, the department of health and
28 human services, a judicial district department of correctional
29services, and the Iowa board of parole.
302. “Appropriate secure facility” means a state facility that
31is designed to confine but not necessarily to treat a sexually
32violent predator.
333. “Convicted” means found guilty of, pleads guilty
34to, or is sentenced or adjudicated delinquent for an act
35which is an indictable offense in this state or in another
-374-1jurisdiction including in a federal, military, tribal, or
2foreign court, including but not limited to a juvenile who has
3been adjudicated delinquent, whether or not the juvenile court
4records have been sealed under section 232.150, and a person
5who has received a deferred sentence or a deferred judgment
6or has been acquitted by reason of insanity. “Convicted”
7includes the conviction of a juvenile prosecuted as an adult.
8“Convicted” also includes a conviction for an attempt or
9conspiracy to commit an offense. “Convicted” does not mean a
10plea, sentence, adjudication, deferred sentence, or deferred
11judgment which has been reversed or otherwise set aside.
124. “Department” means the department of health and human
13services.
145. “Director” means the director of health and human
15services.
164. 6. “Discharge” means an unconditional discharge from the
17sexually violent predator program. A person released from a
18secure facility into a transitional release program or released
19with supervision is not considered to be discharged.
205. 7. “Likely to engage in predatory acts of sexual
21violence” means that the person more likely than not will
22engage in acts of a sexually violent nature. If a person is
23not confined at the time that a petition is filed, a person is
24“likely to engage in predatory acts of sexual violence” only if
25the person commits a recent overt act.
266. 8. “Mental abnormality” means a congenital or acquired
27condition affecting the emotional or volitional capacity of a
28person and predisposing that person to commit sexually violent
29offenses to a degree which would constitute a menace to the
30health and safety of others.
317. 9. “Predatory” means acts directed toward a person with
32whom a relationship has been established or promoted for the
33primary purpose of victimization.
348. 10. “Presently confined” means incarceration or
35detention in a correctional facility, a rehabilitation camp,
-375-1a residential facility, a county jail, a halfway house, or
2any other comparable facility, including but not limited to
3placement at such a facility as a condition of probation,
4parole, or special sentence following conviction for a sexually
5violent offense.
69. 11. “Recent overt act” means any act that has either
7caused harm of a sexually violent nature or creates a
8reasonable apprehension of such harm.
910. 12. “Safekeeper” means a person who is confined in an
10appropriate secure facility pursuant to this chapter but who is
11not subject to an order of commitment pursuant to this chapter.
1211. 13. “Sexually motivated” means that one of the
13purposes for commission of a crime is the purpose of sexual
14gratification of the perpetrator of the crime.
1512. 14. “Sexually violent offense” means:
16a. A violation of any provision of chapter 709.
17b. A violation of any of the following if the offense
18involves sexual abuse, attempted sexual abuse, or intent to
19commit sexual abuse:
20(1) Murder as defined in section 707.1.
21(2) Kidnapping as defined in section 710.1.
22(3) Burglary as defined in section 713.1.
23(4) Child endangerment under section 726.6, subsection 1,
24paragraph “e”.
25c. Sexual exploitation of a minor in violation of section
26728.12.
27d. Pandering involving a minor in violation of section
28725.3, subsection 2.
29e. An offense involving an attempt or conspiracy to commit
30any offense referred to in this subsection.
31f. An offense under prior law of this state or an offense
32committed in another jurisdiction which would constitute an
33equivalent offense under paragraphs “a” through “e”.
34g. Any act which, either at the time of sentencing for the
35offense or subsequently during civil commitment proceedings
-376-1pursuant to this chapter, has been determined beyond a
2reasonable doubt to have been sexually motivated.
313. 15. “Sexually violent predator” means a person who has
4been convicted of or charged with a sexually violent offense
5and who suffers from a mental abnormality which makes the
6person likely to engage in predatory acts constituting sexually
7violent offenses, if not confined in a secure facility.
814. 16. “Transitional release” means a conditional release
9from a secure facility operated by the department of human
10services with the conditions of such release set by the court
11or the department of human services.
12 Sec. 578. Section 229A.5C, subsections 3 and 4, Code 2023,
13are amended to read as follows:
143. A person who is subject to an order of civil commitment
15under this chapter shall not be released from jail or paroled
16or released to a facility or program located outside the
17county jail or correctional institution other than to a secure
18facility operated by the department of human services.
194. A person who committed a public offense while in a
20transitional release program or on release with supervision may
21be returned to a secure facility operated by the department of
22human services upon completion of any term of confinement that
23resulted from the commission of the public offense.
24 Sec. 579. Section 229A.6A, subsection 1, paragraph b, Code
252023, is amended to read as follows:
26b. To a medical facility for medical treatment, if necessary
27medical treatment is not available at the facility where the
28person is confined. A transport order is not required to
29transport the person for medical treatment. However, the
30person is not entitled to choose the medical facility where
31treatment is to be obtained or the medical personnel to provide
32the treatment. Transportation of a committed person shall be
33provided by the sheriff of the county in which the person is
34confined if requested by the department of human services.
35 Sec. 580. Section 229A.7, subsection 5, paragraph b, Code
-377-12023, is amended to read as follows:
2b. If the court or jury determines that the respondent is a
3sexually violent predator, the respondent shall be committed
4to the custody of the director of the department of human
5services for control, care, and treatment until such time as
6the person’s mental abnormality has so changed that the person
7is safe to be placed in a transitional release program or
8discharged. The determination may be appealed.
9 Sec. 581. Section 229A.7, subsection 7, Code 2023, is
10amended to read as follows:
117. The control, care, and treatment of a person determined
12to be a sexually violent predator shall be provided at a
13facility operated by the department of human services. At all
14times prior to placement in a transitional release program
15or release with supervision, persons committed for control,
16care, and treatment by the department of human services
17 pursuant to this chapter shall be kept in a secure facility
18and those patients shall be segregated at all times from any
19other patient under the supervision of the department of human
20services. A person committed pursuant to this chapter to
21the custody of the department of human services may be kept
22in a facility or building separate from any other patient
23under the supervision of the department of human services.
24The department of human services may enter into a chapter
2528E agreement with the department of corrections or other
26appropriate agency in this state or another state for the
27confinement of patients who have been determined to be sexually
28violent predators. Patients who are in the custody of the
29director of the department of corrections pursuant to a chapter
3028E agreement and who have not been placed in a transitional
31release program or released with supervision shall be housed
32and managed separately from criminal offenders in the custody
33of the director of the department of corrections, and except
34for occasional instances of supervised incidental contact,
35shall be segregated from those offenders.
-378-1 Sec. 582. Section 229A.8, subsection 4, Code 2023, is
2amended to read as follows:
34. Nothing contained in this chapter shall prohibit the
4person from otherwise petitioning the court for discharge or
5placement in a transitional release program at the annual
6review. The director of human services department shall
7provide the committed person with an annual written notice
8of the person’s right to petition the court for discharge
9or placement in a transitional release program without
10authorization from the director. The notice shall contain a
11waiver of rights. The director department shall forward the
12notice and waiver form to the court with the annual report.
13 Sec. 583. Section 229A.8, subsection 5, paragraphs f and g,
14Code 2023, are amended to read as follows:
15f. If at the time for the annual review the committed
16person has filed a petition for discharge or placement in
17a transitional release program with authorization from the
18director of human services, the court shall set a final hearing
19within ninety days of the authorization by the director, and
20no annual review shall be held.
21g. If the committed person has not filed a petition, or
22has filed a petition for discharge or for placement in a
23transitional release program without authorization from the
24director of human services, the court shall first conduct the
25annual review as provided in this subsection.
26 Sec. 584. Section 229A.8, subsection 6, paragraph e, Code
272023, is amended to read as follows:
28e. If the director of human services has authorized the
29committed person to petition for discharge or for placement
30in a transitional release program and the case is before a
31jury, testimony by a victim of a prior sexually violent offense
32committed by the person is not admissible. If the director has
33not authorized the petition or the case is before the court,
34testimony by a victim of a sexually violent offense committed
35by the person may be admitted.
-379-1 Sec. 585. Section 229A.8A, subsections 1, 6, and 7, Code
22023, are amended to read as follows:
31. The department of human services is authorized to may
4 establish a transitional release program and provide control,
5care, and treatment, and supervision of committed persons
6placed in such a program.
76. The department of human services shall be responsible
8for establishing and implementing the rules and directives
9regarding the location of the transitional release program,
10staffing needs, restrictions on confinement and the movement of
11committed persons, and for assessing the progress of committed
12persons in the program. The court may also impose conditions
13on a committed person placed in the program.
147. The department of human services may contract with
15other government or private agencies, including the department
16of corrections, to implement and administer the transitional
17release program.
18 Sec. 586. Section 229A.8B, subsections 2 and 3, Code 2023,
19are amended to read as follows:
202. If a committed person absconds from a transitional
21release program in violation of the rules or directives, a
22presumption arises that the person poses a risk to public
23safety. The department of human services, in cooperation with
24local law enforcement agencies, may make a public announcement
25about the absconder. The public announcement may include
26a description of the committed person, that the person is
27in transitional release from the sexually violent predator
28program, and any other information important to public safety.
293. Upon the return of the committed person to a secure
30facility, the director of human services or the director’s
31designee shall notify the court that issued the ex parte order
32that the absconder has been returned to a secure facility,
33and the court shall set a hearing to determine if a violation
34occurred. If a court order was not issued, the director or
35the director’s designee shall contact the nearest district
-380-1court with jurisdiction to set a hearing to determine whether a
2violation of the rules or directives occurred. The court shall
3schedule a hearing after receiving notice that the committed
4person has been returned from the transitional release program
5to a secure facility.
6 Sec. 587. Section 229A.9A, subsections 2, 3, and 8, Code
72023, are amended to read as follows:
82. If release with supervision is ordered, the department
9of human services shall prepare within sixty days of the order
10of the court a release plan addressing the person’s needs for
11counseling, medication, community support services, residential
12services, vocational services, alcohol or other drug abuse
13 substance use disorder treatment, sex offender treatment, or
14any other treatment or supervision necessary.
153. The court shall set a hearing on the release plan
16prepared by the department of human services before the
17committed person is released from a secure facility or a
18transitional release program.
198. The court shall retain jurisdiction over the committed
20person who has been released with supervision until the person
21is discharged from the program. The department of human
22services or a judicial district department of correctional
23services shall not be held liable for any acts committed
24by a committed person who has been ordered released with
25supervision.
26 Sec. 588. Section 229A.9B, subsections 2, 3, and 5, Code
272023, are amended to read as follows:
282. If a committed person has absconded in violation of the
29conditions of the person’s release plan, a presumption arises
30that the person poses a risk to public safety. The department
31of human services or contracting agency, in cooperation with
32local law enforcement agencies, may make a public announcement
33about the absconder. The public announcement may include a
34description of the committed person, that the committed person
35is on release with supervision from the sexually violent
-381-1predator program, and any other information pertinent to public
2safety.
33. Upon the return of the committed person to a secure
4facility, the director of human services or the director’s
5designee shall notify the court that issued the ex parte
6order that the committed person has been returned to a secure
7facility, and the court shall set hearing to determine if a
8violation occurred. If a court order was not issued, the
9director or the director’s designee shall contact the nearest
10district court with jurisdiction to set a hearing to determine
11whether a violation of the conditions of the release plan
12occurred. The court shall schedule a hearing after receiving
13notice that the committed person has been returned to a secure
14facility.
155. If the court determines a violation occurred, the court
16shall receive release recommendations from the department of
17human services and either order that the committed person
18be returned to release with supervision or placed in a
19transitional release program, or be confined in a secure
20facility. The court may impose further conditions upon the
21committed person if returned to release with supervision or
22placed in the transitional release program. If the court
23determines no violation occurred, the committed person shall be
24returned to release with supervision.
25 Sec. 589. Section 229A.10, subsection 1, Code 2023, is
26amended to read as follows:
271. If the director of human services determines that the
28person’s mental abnormality has so changed that the person is
29not likely to engage in predatory acts that constitute sexually
30violent offenses if discharged, the director shall authorize
31the person to petition the court for discharge. The petition
32shall be served upon the court and the attorney general. The
33court, upon receipt of the petition for discharge, shall order
34a hearing within thirty days. The attorney general shall
35represent the state, and shall have the right to have the
-382-1petitioner examined by an expert or professional person of
2the attorney general’s choice. The hearing shall be before
3a jury if demanded by either the petitioner or the attorney
4general. If the attorney general objects to the petition for
5discharge, the burden of proof shall be upon the attorney
6general to show beyond a reasonable doubt that the petitioner’s
7mental abnormality or personality disorder remains such that
8the petitioner is likely to engage in predatory acts that
9constitute sexually violent offenses if discharged.
10 Sec. 590. Section 229A.11, Code 2023, is amended to read as
11follows:
12229A.11 Subsequent discharge or transitional release
13petitions — limitations.
14Nothing in this chapter shall prohibit a person from filing
15a petition for discharge or placement in a transitional release
16program, pursuant to this chapter. However, if a person has
17previously filed a petition for discharge or for placement
18in a transitional release program without the authorization
19of the director of human services, and the court determines
20either upon review of the petition or following a hearing that
21the petition was frivolous or that the petitioner’s condition
22had not so changed that the person was not likely to engage
23in predatory acts constituting sexually violent offenses
24if discharged, or was not suitable for placement in the
25transitional release program, then the court shall summarily
26deny the subsequent petition unless the petition contains facts
27upon which a court could find the condition of the petitioner
28had so changed that a hearing was warranted. Upon receipt of a
29first or subsequent petition from a committed person without
30the director’s authorization, the court shall endeavor whenever
31possible to review the petition and determine if the petition
32is based upon frivolous grounds. If the court determines that
33a petition is frivolous, the court shall dismiss the petition
34without a hearing.
35 Sec. 591. Section 229A.12, Code 2023, is amended to read as
-383-1follows:
2229A.12 Director of human services — responsibility for
3costs — reimbursement.
4The director of human services shall be responsible for
5all costs relating to the evaluation, treatment, and services
6provided to a person that are incurred after the person is
7committed to the director’s custody after the court or jury
8determines that the respondent is a sexually violent predator
9and pursuant to commitment under any provision of this chapter.
10If placement in a transitional release program or supervision
11is ordered, the director shall also be responsible for all
12costs related to the transitional release program or to the
13supervision and treatment of any person. Reimbursement may
14be obtained by the director from the patient and any person
15legally liable or bound by contract for the support of the
16patient for the cost of confinement or of care and treatment
17provided. To the extent allowed by the United States social
18security administration, any benefit payments received by the
19person pursuant to the federal Social Security Act shall be
20used for the costs incurred. As used in this section, “any
21person legally liable” does not include a political subdivision.
22 Sec. 592. Section 229A.15B, Code 2023, is amended to read
23as follows:
24229A.15B Rulemaking authority.
25The department of human services shall adopt rules pursuant
26to chapter 17A necessary to administer this chapter.
27 Sec. 593. Section 230.1, Code 2023, is amended to read as
28follows:
29230.1 Definitions.
30As used in this chapter, unless the context otherwise
31requires:
321. “Administrator” means the administrator of the department
33of human services assigned, in accordance with section
34218.1, to control the state mental health institutes, or that
35administrator’s designee.
-384- 12. 1. “Book”, “list”, “record”, or “schedule” kept by a
2county auditor, assessor, treasurer, recorder, sheriff, or
3other county officer means the county system as defined in
4section 445.1.
53. 2. “Department” means the department of health and human
6services.
73. “Director” means the director of health and human
8services.
94. “Region” means a mental health and disability services
10region formed in accordance with section 331.389.
115. “Regional administrator” means the same as defined in
12section 331.388.
136. “State mental health institute” or “mental health
14institute” means a mental health institute designated in section
15226.1.
16 Sec. 594. Section 230.1A, Code 2023, is amended to read as
17follows:
18230.1A Liability of county and state.
191. The necessary and legal costs and expenses attending
20 for the taking into custody, care, investigation, admission,
21commitment, and support of a person with mental illness
22admitted or committed to a state hospital mental health
23institute shall be paid by the regional administrator on behalf
24of the person’s county of residence or by the state as follows:
25a. If the person is eighteen years of age or older, as
26follows:
27(1) The costs attributed to mental illness shall be paid by
28the regional administrator on behalf of the person’s county of
29residence.
30(2) The costs attributed to a substance-related substance
31use disorder shall be paid by the person’s county of residence.
32(3) The costs attributable to a dual diagnosis of mental
33illness and a substance-related substance use disorder may be
34split divided as provided in section 226.9C.
35b. By the state if such person has no residence in this
-385-1state, if the person’s residence is unknown, or if the person
2is under eighteen years of age.
32. The county of residence of any person with mental
4illness who is a patient of any state institution mental health
5institute shall be the person’s county of residence existing at
6the time of admission to the institution institute.
73. A region or county of residence is not liable for
8costs and expenses associated with a person with mental
9illness unless the costs and expenses are for services and
10other support authorized for the person through the regional
11administrator for the county.
12 Sec. 595. Section 230.5, Code 2023, is amended to read as
13follows:
14230.5 Nonresidents.
15If a person’s residence is determined in accordance with
16section 230.2 or 230.3 to be in a foreign state or country,
17or is unknown, the court or the regional administrator of the
18person’s county of residence shall immediately certify the
19determination to the department’s administrator department.
20The certification shall be accompanied by a copy of the
21evidence supporting the determination. A court order issued
22pursuant to section 229.13 shall direct that the patient be
23hospitalized at the appropriate state hospital for persons with
24 mental illness health institute.
25 Sec. 596. Section 230.6, Code 2023, is amended to read as
26follows:
27230.6 Investigation by administrator department.
28The administrator department shall immediately investigate
29the residency of a patient and proceed as follows:
301. If the administrator department concurs with a certified
31determination of residency concerning the patient, the
32administrator department shall cause the patient either to
33be transferred to a state hospital for persons with mental
34illness health institute at the expense of the state, or to be
35transferred, with approval of the court as required by chapter
-386-1229, to the place of foreign residence.
22. If the administrator department disputes a certified
3legal residency determination, the administrator department
4 shall order the patient to be maintained at a state hospital
5for persons with mental illness health institute at the expense
6of the state until the dispute is resolved.
73. If the administrator department disputes a residency
8determination, the administrator department shall utilize the
9procedure provided in section 331.394 to resolve the dispute.
10A determination of the person’s residency status made pursuant
11to section 331.394 is conclusive.
12 Sec. 597. Section 230.7, Code 2023, is amended to read as
13follows:
14230.7 Transfer of nonresidents.
15Upon determining that a patient in a state hospital mental
16health institute who has been involuntarily hospitalized under
17chapter 229 or admitted voluntarily at public expense was
18not a resident of this state at the time of the involuntary
19hospitalization or admission, the administrator director or
20director’s designee may cause that the patient to be conveyed
21to the patient’s place of residence. However, a transfer
22under this section may be made only if the patient’s condition
23so permits and other reasons do not render the transfer
24inadvisable. If the patient was involuntarily hospitalized,
25prior approval of the transfer must shall be obtained from the
26court which ordered the patient hospitalized.
27 Sec. 598. Section 230.8, Code 2023, is amended to read as
28follows:
29230.8 Transfers of persons with mental illness — expenses.
30The transfer to any state hospitals mental health institute
31 or to the places of their residence of persons with mental
32illness who have no residence in this state or whose residence
33is unknown, shall be made according to the directions of the
34administrator department, and when practicable by employees
35of the state hospitals mental health institutes. The actual
-387-1and necessary expenses of such transfers shall be paid by the
2department on itemized vouchers sworn to by the claimants and
3approved by the administrator director.
4 Sec. 599. Section 230.9, Code 2023, is amended to read as
5follows:
6230.9 Subsequent discovery of residence.
7If, after a person has been received by a state hospital for
8persons with mental illness health institute whose residence is
9supposed to be outside this state, the administrator department
10 determines that the residence of the person was, at the time
11of admission or commitment, in a county of this state, the
12administrator department shall certify the determination
13and charge all legal costs and expenses pertaining to the
14admission or commitment and support of the person to the
15regional administrator of the person’s county of residence.
16The certification shall be sent to the regional administrator
17of the person’s county of residence. The certification
18shall be accompanied by a copy of the evidence supporting the
19determination. The costs and expenses shall be collected as
20provided by law in other cases. If the person’s residency
21status has been determined in accordance with section 331.394,
22the legal costs and expenses shall be charged in accordance
23with that determination.
24 Sec. 600. Section 230.10, Code 2023, is amended to read as
25follows:
26230.10 Payment of costs.
27All legal costs and expenses attending for the taking into
28custody, care, investigation, and admission or commitment of
29a person to a state hospital for persons with mental illness
30 health institute under a finding that the person has residency
31in another county of this state shall be charged against the
32regional administrator of the person’s county of residence.
33 Sec. 601. Section 230.11, Code 2023, is amended to read as
34follows:
35230.11 Recovery of costs from state.
-388- 1Costs and expenses attending for the taking into custody,
2care, and investigation of a person who has been admitted
3or committed to a state hospital mental health institute,
4United States department of veterans affairs hospital, or
5other agency of the United States government, for persons with
6mental illness and who has no residence in this state or whose
7residence is unknown, including cost of commitment, if any,
8shall be paid as approved by the administrator department. The
9amount of the costs and expenses approved by the administrator
10 department is appropriated to the department from any moneys in
11the state treasury not otherwise appropriated. Payment shall
12be made by the department on itemized vouchers executed by the
13regional administrator of the person’s county which has paid
14them, and approved by the administrator department.
15 Sec. 602. Section 230.12, Code 2023, is amended to read as
16follows:
17230.12 Residency disputes.
18If a dispute arises between different counties or between
19the administrator department and a regional administrator for a
20county as to the residence of a person admitted or committed
21to a state hospital for persons with mental illness health
22institute, the dispute shall be resolved as provided in section
23331.394.
24 Sec. 603. Section 230.15, Code 2023, is amended to read as
25follows:
26230.15 Personal liability.
271. A person with mental illness and a person legally liable
28for the person’s support remain liable for the support of
29the person with mental illness as provided in this section.
30Persons legally liable for the support of a person with mental
31illness include the spouse of the person, and any person
32bound by contract for support of the person. The regional
33administrator of the person’s county of residence, subject to
34the direction of the region’s governing board, shall enforce
35the obligation created in this section as to all sums advanced
-389-1by the regional administrator. The liability to the regional
2administrator incurred by a person with mental illness or a
3person legally liable for the person’s support under this
4section is limited to an amount equal to one hundred percent
5of the cost of care and treatment of the person with mental
6illness at a state mental health institute for one hundred
7twenty days of hospitalization. This limit of liability may
8be reached by payment of the cost of care and treatment of the
9person with mental illness subsequent to a single admission
10or multiple admissions to a state mental health institute
11or, if the person is not discharged as cured, subsequent to
12a single transfer or multiple transfers to a county care
13facility pursuant to section 227.11. After reaching this
14limit of liability, a person with mental illness or a person
15legally liable for the person’s support is liable to the
16regional administrator for the care and treatment of the person
17with mental illness at a state mental health institute or,
18if transferred but not discharged as cured, at a county care
19facility in an amount not in excess of the average minimum
20cost of the maintenance of an individual who is physically and
21mentally healthy residing in the individual’s own home, which
22standard shall be established and may from time to time be
23revised by the department of human services. A lien imposed
24by section 230.25 shall not exceed the amount of the liability
25which may be incurred under this section on account of a person
26with mental illness.
272. A person with a substance-related substance use
28 disorder is legally liable for the total amount of the cost of
29providing care, maintenance, and treatment for the person with
30a substance-related substance use disorder while a voluntary
31or committed patient. When a portion of the cost is paid
32by a county, the person with a substance-related substance
33use disorder is legally liable to the county for the amount
34paid. The person with a substance-related substance use
35 disorder shall assign any claim for reimbursement under any
-390-1contract of indemnity, by insurance or otherwise, providing
2for the person’s care, maintenance, and treatment in a state
3hospital mental health institute to the state. Any payments
4received by the state from or on behalf of a person with a
5substance-related substance use disorder shall be in part
6credited to the county in proportion to the share of the costs
7paid by the county.
83. Nothing in this section shall be construed to prevent
9a relative or other person from voluntarily paying the full
10actual cost or any portion of the care and treatment of any
11person with mental illness or a substance-related substance use
12 disorder as established by the department of human services.
13 Sec. 604. Section 230.18, Code 2023, is amended to read as
14follows:
15230.18 Expense in county or private hospitals facility.
16The estates of persons with mental illness who may be
17treated or confined in any county hospital or home, or in any
18 private hospital or sanatorium facility, and the estates of
19persons legally bound for their support, shall be liable to the
20regional administrator of the person’s county of residence for
21the reasonable cost of such support.
22 Sec. 605. Section 230.19, Code 2023, is amended to read as
23follows:
24230.19 Nonresidents liable to state — presumption.
25The estates of all nonresident patients provided for and
26treated in state hospitals for persons with mental illness
27 health institutes in this state, and all persons legally bound
28for the support of such patients, shall be liable to the
29state for the reasonable value of the care, maintenance, and
30treatment of such patients while in such hospitals institutes.
31The certificate of the superintendent of the state hospital
32 mental health institute in which any nonresident is or has been
33a patient, showing the amounts drawn from the state treasury or
34due therefrom as provided by law on account of such nonresident
35patient, shall be presumptive evidence of the reasonable value
-391-1of the care, maintenance, and treatment furnished such patient.
2 Sec. 606. Section 230.20, subsection 1, paragraph a,
3subparagraph (1), Code 2023, is amended to read as follows:
4(1) The costs of food, lodging, and other maintenance
5provided to persons not patients of the hospital state mental
6health institute.
7 Sec. 607. Section 230.20, subsection 7, Code 2023, is
8amended to read as follows:
97. A superintendent of a mental health institute may request
10that the director of human services enter into a contract
11with a person for the mental health institute to provide
12consultation or treatment services or for fulfilling other
13purposes which are consistent with the purposes stated in
14section 226.1. The contract provisions shall include charges
15which reflect the actual cost of providing the services or
16fulfilling the other purposes. Any income from a contract
17authorized under this subsection may be retained by the
18mental health institute to defray the costs of providing the
19services. Except for a contract voluntarily entered into by a
20county under this subsection, the costs or income associated
21with a contract authorized under this subsection shall not
22be considered in computing charges and per diem costs in
23accordance with the provisions of subsections 1 through 6.
24 Sec. 608. Section 230.26, Code 2023, is amended to read as
25follows:
26230.26 Regional administrator to keep record.
27The regional administrator shall keep an accurate account
28of the cost of the maintenance of any patient kept in any
29institution facility as provided for in this chapter and keep
30an index of the names of the persons admitted or committed from
31each county in the region. The name of the spouse of the person
32admitted or committed shall also be indexed in the same manner
33as the names of the persons admitted or committed are indexed.
34The book shall be designated as an account book or index, and
35shall have no reference in any place to a lien.
-392-1 Sec. 609. Section 230.31, Code 2023, is amended to read as
2follows:
3230.31 Departers from other states.
4If a person with mental illness departs without proper
5authority from an institution a facility in another state and
6is found in this state, a peace officer in the county in which
7the patient is found may take and detain the patient without
8order and shall report the detention to the administrator
9 department who shall provide for the return of the patient
10to the authorities of the state where the unauthorized leave
11was made. Pending such return, the patient may be detained
12temporarily at one of the institutions of this state under the
13control of the administrator or any other administrator of the
14 department of human services. Expenses incurred under this
15section shall be paid in the same manner as is provided for
16transfers in section 230.8.
17 Sec. 610. Section 230.32, Code 2023, is amended to read as
18follows:
19230.32 Support of nonresident patients on leave.
20The cost of support of patients without residence in this
21state, who are placed on convalescent leave or removed from
22a state mental health institute to any health care facility
23licensed under chapter 135C for rehabilitation purposes,
24shall be paid from the hospital state mental health institute
25 support fund and shall be charged on abstract in the same
26manner as state inpatients, until such time as the patient
27becomes self-supporting or qualifies for support under existing
28statutes.
29 Sec. 611. Section 230.33, Code 2023, is amended to read as
30follows:
31230.33 Reciprocal agreements.
321. The administrator department may enter into agreements
33with other states, through their duly constituted authorities,
34to effect the reciprocal return of persons with mental illness
35and persons with an intellectual disability to the contracting
-393-1states, and to effect the reciprocal supervision of persons on
2convalescent leave.
32. However, in the case of a proposed transfer of a person
4with mental illness or an intellectual disability from this
5state, final action shall not be taken without the approval of
6the district court of the county of admission or commitment.
7 Sec. 612. Section 230A.101, Code 2023, is amended to read
8as follows:
9230A.101 Services system roles.
101. The role of the department of human services, through
11the division of the department designated as the state
12mental health authority with responsibility for state policy
13concerning mental health and disability services, is to develop
14and maintain policies for the mental health and disability
15services system. The policies shall address the service needs
16of individuals of all ages with disabilities in this state,
17regardless of the individuals’ places of residence or economic
18circumstances, and shall be consistent with the requirements of
19chapter 225C and other applicable law.
202. The role of community mental health centers in the
21mental health and disability services system is to provide
22an organized set of services in order to adequately meet the
23mental health needs of this state’s citizens based on organized
24catchment areas.
25 Sec. 613. Section 230A.102, Code 2023, is amended to read
26as follows:
27230A.102 Definitions.
28As used in this chapter, unless the context otherwise
29requires:
301. “Administrator”, “commission” “Commission”, “department”,
31“director”, and “disability services”, and “division” mean the
32same as defined in section 225C.2.
332. “Catchment area” means a community mental health center
34catchment area identified in accordance with this chapter.
353. “Community mental health center” or “center” means a
-394-1community mental health center designated in accordance with
2this chapter.
3 Sec. 614. Section 230A.103, Code 2023, is amended to read
4as follows:
5230A.103 Designation of community mental health centers.
61. The division department, subject to agreement by any
7community mental health center that would provide services
8for the catchment area and approval by the commission,
9shall designate at least one community mental health center
10under this chapter for addressing the mental health needs of
11the county or counties comprising the catchment area. The
12designation process shall provide for the input of potential
13service providers regarding designation of the initial
14catchment area or a change in the designation.
152. The division department shall utilize objective criteria
16for designating a community mental health center to serve a
17catchment area and for withdrawing such designation. The
18commission shall adopt rules outlining the criteria. The
19criteria shall include but are not limited to provisions for
20meeting all of the following requirements:
21a. An appropriate means shall be used for determining which
22prospective designee is best able to serve all ages of the
23targeted population within the catchment area with minimal or
24no service denials.
25b. An effective means shall be used for determining the
26relative ability of a prospective designee to appropriately
27provide mental health services and other support to consumers
28residing within a catchment area as well as consumers residing
29outside the catchment area. The criteria shall address the
30duty for a prospective designee to arrange placements outside
31the catchment area when such placements best meet consumer
32needs and to provide services within the catchment area to
33consumers who reside outside the catchment area when the
34services are necessary and appropriate.
353. The board of directors for a designated community mental
-395-1health center shall enter into an agreement with the division
2 department. The terms of the agreement shall include but are
3not limited to all of the following:
4a. The period of time the agreement will be in force.
5b. The services and other support the center will offer or
6provide for the residents of the catchment area.
7c. The standards to be followed by the center in determining
8whether and to what extent the persons seeking services from
9the center shall be considered to be able to pay the costs of
10the services.
11d. The policies regarding availability of the services
12offered by the center to the residents of the catchment area as
13well as consumers residing outside the catchment area.
14e. The requirements for preparation and submission to the
15division department of annual audits, cost reports, program
16reports, performance measures, and other financial and service
17accountability information.
184. This section does not limit the authority of the board or
19the boards of supervisors of any county or group of counties to
20continue to expend money to support operation of a center.
21 Sec. 615. Section 230A.104, Code 2023, is amended to read
22as follows:
23230A.104 Catchment areas.
241. The division department shall collaborate with affected
25counties in identifying community mental health center
26catchment areas in accordance with this section.
272. a. Unless the division department has determined that
28exceptional circumstances exist, a catchment area shall be
29served by one community mental health center. The purpose of
30this general limitation is to clearly designate the center
31responsible and accountable for providing core mental health
32services to the target population in the catchment area and to
33protect the financial viability of the centers comprising the
34mental health services system in the state.
35b. A formal review process shall be used in determining
-396-1whether exceptional circumstances exist that justify
2designating more than one center to serve a catchment area.
3The criteria for the review process shall include but are not
4limited to a means of determining whether the catchment area
5can support more than one center.
6c. Criteria shall be provided that would allow the
7designation of more than one center for all or a portion of a
8catchment area if designation or approval for more than one
9center was provided by the division department as of October 1,
102010. The criteria shall require a determination that all such
11centers would be financially viable if designation is provided
12for all.
13 Sec. 616. Section 230A.105, subsection 1, paragraph e, Code
142023, is amended to read as follows:
15e. Individuals described in paragraph “a”, “b”, “c”, or “d”
16who have a co-occurring disorder, including but not limited
17to substance abuse use disorder, intellectual disability,
18a developmental disability, brain injury, autism spectrum
19disorder, or another disability or special health care need.
20 Sec. 617. Section 230A.108, Code 2023, is amended to read
21as follows:
22230A.108 Administrative, diagnostic, and demographic
23information.
24Release of administrative and diagnostic information, as
25defined in section 228.1, and demographic information necessary
26for aggregated reporting to meet the data requirements
27established by the division department, relating to an
28individual who receives services from a community mental health
29center, may be made a condition of support of that center by
30the division department.
31 Sec. 618. Section 230A.110, subsections 1 and 2, Code 2023,
32are amended to read as follows:
331. The division department shall recommend and the
34commission shall adopt standards for designated community
35mental health centers and comprehensive community mental health
-397-1programs, with the overall objective of ensuring that each
2center and each affiliate providing services under contract
3with a center furnishes high-quality mental health services
4within a framework of accountability to the community it
5serves. The standards adopted shall conform with federal
6standards applicable to community mental health centers
7and shall be in substantial conformity with the applicable
8behavioral health standards adopted by the joint commission,
9formerly known as the joint commission on accreditation
10of health care organizations, or other recognized national
11standards for evaluation of psychiatric facilities unless in
12the judgment of the division department, with approval of the
13commission, there are sound reasons for departing from the
14standards.
152. When recommending standards under this section, the
16division department shall designate an advisory committee
17representing boards of directors and professional staff
18of designated community mental health centers to assist in
19the formulation or revision of standards. The membership
20of the advisory committee shall include representatives of
21professional and nonprofessional staff and other appropriate
22individuals.
23 Sec. 619. Section 230A.110, subsection 3, paragraph c, Code
242023, is amended to read as follows:
25c. Arrange for the financial condition and transactions
26of the community mental health center to be audited once
27each year by the auditor of state. However, in lieu of an
28audit by the auditor of state, the local governing body of a
29community mental health center organized under this chapter
30may contract with or employ certified public accountants
31to conduct the audit, pursuant to the applicable terms and
32conditions prescribed by sections 11.6 and 11.19 and audit
33format prescribed by the auditor of state. Copies of each
34audit shall be furnished by the auditor or accountant to the
35administrator of the division of mental health and disability
-398-1services department.
2 Sec. 620. Section 230A.111, Code 2023, is amended to read
3as follows:
4230A.111 Review and evaluation.
51. The review and evaluation of designated centers shall
6be performed through a formal accreditation review process as
7recommended by the division department and approved by the
8commission. The accreditation process shall include all of the
9following:
10a. Specific time intervals for full accreditation reviews
11based upon levels of accreditation.
12b. Use of random or complaint-specific, on-site limited
13accreditation reviews in the interim between full accreditation
14reviews, as a quality review approach. The results of such
15reviews shall be presented to the commission.
16c. Use of center accreditation self-assessment tools to
17gather data regarding quality of care and outcomes, whether
18used during full or limited reviews or at other times.
192. The accreditation process shall include but is not
20limited to addressing all of the following:
21a. Measures to address centers that do not meet standards,
22including authority to revoke accreditation.
23b. Measures to address noncompliant centers that do not
24develop a corrective action plan or fail to implement steps
25included in a corrective action plan accepted by the division
26 department.
27c. Measures to appropriately recognize centers that
28successfully complete a corrective action plan.
29d. Criteria to determine when a center’s accreditation
30should be denied, revoked, suspended, or made provisional.
31 Sec. 621. Section 231.4, subsection 1, paragraphs e and f,
32Code 2023, are amended to read as follows:
33e. “Department” means the department on aging of health and
34human services.
35f. “Director” means the director of the department on aging
-399-1 health and human services.
2 Sec. 622. Section 231.21, Code 2023, is amended to read as
3follows:
4231.21 Department on aging Administration of chapter —
5department of health and human services.
6An Iowa The department on aging is established which of
7health and human services shall administer this chapter
8under the policy direction of the commission on aging. The
9department on aging shall be administered by a director.
10 Sec. 623. Section 231.23, Code 2023, is amended to read as
11follows:
12231.23 Department on aging — duties and authority.
13The department on aging director shall:
141. Develop and administer a state plan on aging.
152. Assist the commission in the review and approval of area
16plans.
173. Pursuant to commission policy, coordinate state
18activities related to the purposes of this chapter and all
19other chapters under the department’s jurisdiction.
204. Advocate for older individuals by reviewing and
21commenting upon all state plans, budgets, laws, rules,
22regulations, and policies which affect older individuals and
23by providing technical assistance to any agency, organization,
24association, or individual representing the needs of older
25individuals.
265. Assist the commission in dividing the state into distinct
27planning and service areas.
286. Assist the commission in designating for each area a
29public or private nonprofit agency or organization as the area
30agency on aging for that area.
317. Pursuant to commission policy, take into account the
32views of older Iowans.
338. Assist the commission in adopting a method for the
34distribution of funds available from the federal Act and state
35appropriations and allocations.
-400- 19. Assist the commission in assuring that preference will
2be given to providing services to older individuals with the
3greatest economic or social needs, with particular attention to
4low-income minority older individuals, older individuals with
5limited English proficiency, and older individuals residing in
6rural areas.
710. Assist the commission in developing, adopting, and
8enforcing administrative rules, by issuing necessary forms and
9procedures.
1011. Apply for, receive, and administer grants, devises,
11donations, gifts, or bequests of real or personal property from
12any source to conduct projects consistent with the purposes of
13the department. Notwithstanding section 8.33, moneys received
14by the department pursuant to this section are not subject to
15reversion to the general fund of the state.
1612. Administer state authorized programs.
1713. Establish a procedure for an area agency on aging to
18use in selection of members of the agency’s board of directors.
19The selection procedure shall be incorporated into the bylaws
20of the board of directors.
21 Sec. 624. Section 231.23A, unnumbered paragraph 1, Code
222023, is amended to read as follows:
23The department on aging shall provide or administer, but is
24not limited to providing or administering, all of the following
25programs and services:
26 Sec. 625. Section 231.31, Code 2023, is amended to read as
27follows:
28231.31 State plan on aging.
29The department on aging shall develop, and submit to the
30commission on aging for approval, a multiyear state plan on
31aging. The state plan on aging shall meet all applicable
32federal requirements.
33 Sec. 626. Section 231.32, subsection 2, paragraph d, Code
342023, is amended to read as follows:
35d. Any public or nonprofit private agency in a planning
-401-1and service area or any separate organizational unit within
2such agency which is under the supervision or direction for
3this purpose of the department on aging and which can and will
4engage only in the planning or provision of a broad range of
5long-term living and community support services or nutrition
6services within the planning and service area.
7 Sec. 627. Section 231.42, subsection 4, paragraph a, Code
82023, is amended to read as follows:
9a. If abuse, neglect, or exploitation of a resident or
10tenant is suspected, the state or a local long-term care
11ombudsman shall, with the permission of the resident or tenant
12as applicable under federal law, make an immediate referral
13to the department of inspections and appeals, the department
14of health and human services, the department on aging, or the
15appropriate law enforcement agency, as applicable.
16 Sec. 628. Section 231.58, Code 2023, is amended to read as
17follows:
18231.58 Long-term living coordination.
19The director may convene meetings, as necessary, of the
20director and the directors of human services, public health,
21and director of inspections and appeals, to assist in the
22coordination of policy, service delivery, and long-range
23planning relating to the long-term living system and older
24Iowans in the state. The group may consult with individuals,
25institutions and entities with expertise in the area of the
26long-term living system and older Iowans, as necessary, to
27facilitate the group’s efforts.
28 Sec. 629. Section 231C.5, subsection 2, paragraph b,
29subparagraph (2), subparagraph division (c), Code 2023, is
30amended to read as follows:
31(c) Contact information for the department of health and
32 human services and the senior health insurance information
33program to assist tenants in accessing third-party payment
34sources.
35 Sec. 630. Section 231C.5A, Code 2023, is amended to read as
-402-1follows:
2231C.5A Assessment of tenants — program eligibility.
3An assisted living program receiving reimbursement through
4the medical assistance program under chapter 249A shall
5assist the department of veterans affairs in identifying, upon
6admission of a tenant, the tenant’s eligibility for benefits
7through the United States department of veterans affairs. The
8assisted living program shall also assist the commission of
9veterans affairs in determining such eligibility for tenants
10residing in the program on July 1, 2009. The department of
11inspections and appeals, in cooperation with the department of
12health and human services, shall adopt rules to administer this
13section, including a provision that ensures that if a tenant is
14eligible for benefits through the United States department of
15veterans affairs or other third-party payor, the payor of last
16resort for reimbursement to the assisted living program is the
17medical assistance program. The rules shall also require the
18assisted living program to request information from a tenant or
19tenant’s personal representative regarding the tenant’s veteran
20status and to report to the department of veterans affairs
21only the names of tenants identified as potential veterans
22along with the names of their spouses and any dependents.
23Information reported by the assisted living program shall be
24verified by the department of veterans affairs.
25 Sec. 631. Section 231E.3, subsections 5 and 6, Code 2023,
26are amended to read as follows:
275. “Department” means the department on aging established in
28section 231.21 of health and human services.
296. “Director” means the director of the department on aging
30 health and human services.
31 Sec. 632. Section 231E.4, subsection 3, paragraph e, Code
322023, is amended to read as follows:
33e. Work with the department of human services, the
34Iowa department of public health, the Iowa developmental
35disabilities council, and other agencies to establish
-403-1a referral system for the provision of guardianship,
2conservatorship, and representative payee services.
3 Sec. 633. Section 232.2, subsections 14 and 18, Code 2023,
4are amended to read as follows:
514. “Department” means the department of health and human
6services and includes the local, and county, and service area
7 officers of the department.
818. “Director” means the director of the department of
9 health and human services or that person’s the director’s
10 designee.
11 Sec. 634. Section 232.11, subsections 3, 4, and 5, Code
122023, are amended to read as follows:
133. If the child is not represented by counsel as required
14under subsection 1, counsel shall be provided as follows:
15a. If the court determines, after giving the child’s parent,
16guardian, or custodian an opportunity to be heard, that such
17person has the ability in whole or in part to pay for the
18employment of counsel, it shall either order that person to
19retain an attorney to represent the child or shall appoint
20counsel for the child and order the parent, guardian, or
21custodian to pay for that counsel as provided in subsection 5.
22b. If the court determines that the parent, guardian,
23or custodian cannot pay any part of the expenses of counsel
24to represent the child, it shall appoint counsel, who shall
25be reimbursed according to section 232.141, subsection 2,
26paragraph “b”.
27c. The court may appoint counsel to represent the child
28and reserve the determination of payment until the parent,
29guardian, or custodian has an opportunity to be heard.
304. If the child is represented by counsel and the court
31determines that there is a conflict of interest between the
32child and the child’s parent, guardian, or custodian and that
33the retained counsel could not properly represent the child as
34a result of the conflict, the court shall appoint other counsel
35to represent the child and order the parent, guardian, or
-404-1custodian to pay for such counsel as provided in subsection 5.
25. If the court determines, after an inquiry which includes
3notice and reasonable opportunity to be heard that the parent,
4guardian, or custodian has the ability to pay in whole or
5in part for the attorney appointed for the child, the court
6may order that person to pay such sums as the court finds
7appropriate in the manner and to whom the court directs. If
8the person so ordered fails to comply with the order without
9good reason, the court shall enter judgment against the person.
10 Sec. 635. Section 232.21, subsection 2, paragraph a,
11subparagraph (3), Code 2023, is amended to read as follows:
12(3) An institution or other facility operated by the
13department of human services, or one which is licensed or
14otherwise authorized by law to receive and provide care for the
15child.
16 Sec. 636. Section 232.22, subsection 5, paragraph b, Code
172023, is amended to read as follows:
18b. The court determines that an acceptable alternative
19placement does not exist pursuant to criteria developed by the
20department of human services.
21 Sec. 637. Section 232.28, subsections 3, 4, and 5, Code
222023, are amended to read as follows:
233. In the course of a preliminary inquiry, the intake
24officer may:
25a. Interview the complainant, victim, or witnesses of the
26alleged delinquent act.
27b. Check existing records of the court, law enforcement
28agencies, public records of other agencies, and child abuse
29records as provided in section 235A.15, subsection 2, paragraph
30“e”.
31c. Hold conferences with the child and the child’s parent or
32parents, guardian, or custodian for the purpose of interviewing
33them and discussing the disposition of the complaint in
34accordance with the requirements set forth in subsection 8.
35d. Examine any physical evidence pertinent to the complaint.
-405- 1e. Interview such persons as are necessary to determine
2whether the filing of a petition would be in the best interests
3of the child and the community as provided in section 232.35,
4subsections 2 and 3.
54. Any additional inquiries may be made only with the
6consent of the child and the child’s parent or parents,
7guardian, or custodian.
85. Participation of the child and the child’s parent or
9parents, guardian, or custodian in a conference with an intake
10officer shall be voluntary, and they shall have the right to
11refuse to participate in such conference. At such conference
12the child shall have the right to the assistance of counsel in
13accordance with section 232.11 and the right to remain silent
14when questioned by the intake officer.
15 Sec. 638. Section 232.29, subsection 1, paragraphs b, d, and
16g, Code 2023, are amended to read as follows:
17b. The intake officer shall advise the child and the child’s
18parent, guardian, or custodian that they have the right to
19refuse an informal adjustment of the complaint and demand the
20filing of a petition and a formal adjudication.
21d. The terms of such agreement shall be clearly stated in
22writing and signed by all parties to the agreement and a copy
23of this agreement shall be given to the child; the counsel for
24the child; the parent, guardian, or custodian; and the intake
25officer, who shall retain the copy in the case file.
26g. The child and the child’s parent, guardian, or custodian
27shall have the right to terminate such agreement at any
28time and to request the filing of a petition and a formal
29adjudication.
30 Sec. 639. Section 232.38, Code 2023, is amended to read as
31follows:
32232.38 Presence of parents at hearings.
331. Any hearings or proceedings under this subchapter
34subsequent to the filing of a petition shall not take place
35without the presence of one or both of the child’s parents,
-406-1guardian, or custodian except that a hearing or proceeding may
2take place without such presence if the parent, guardian, or
3custodian fails to appear after reasonable notification, or if
4the court finds that a reasonably diligent effort has been made
5to notify the child’s parent, guardian, or custodian, and the
6effort was unavailing.
72. In any such hearings or proceedings the court may
8temporarily excuse the presence of the parent, guardian, or
9custodian when the court deems it in the best interests of the
10child. Counsel for the parent, guardian, or custodian shall
11have the right to participate in a hearing or proceeding during
12the absence of the parent, guardian, or custodian.
13 Sec. 640. Section 232.43, subsection 2, Code 2023, is
14amended to read as follows:
152. The county attorney and the child’s counsel may mutually
16consider a plea agreement which contemplates entry of a plea
17admitting the allegations of the petition in the expectation
18that other charges will be dismissed or not filed or that a
19specific disposition will be recommended by the county attorney
20and granted by the court. Any plea discussion shall be open to
21the child and the child’s parent, guardian, or custodian.
22 Sec. 641. Section 232.44, subsection 5, paragraph b,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) Place the child in the custody of a parent, guardian,
25 or custodian under that person’s supervision, or under the
26supervision of an organization which agrees to supervise the
27child.
28 Sec. 642. Section 232.44, subsection 7, Code 2023, is
29amended to read as follows:
307. If a child held in shelter care or detention by court
31order has not been released after a detention hearing or has
32not appeared at an adjudicatory hearing before the expiration
33of the order of detention, an additional hearing shall
34automatically be scheduled for the next court day following the
35expiration of the order. The child, the child’s counsel, the
-407-1child’s guardian ad litem, and the child’s parent, guardian,
2 or custodian shall be notified of this hearing not less than
3twenty-four hours before the hearing is scheduled to take
4place. The hearing required by this subsection may be held by
5telephone conference call.
6 Sec. 643. Section 232.46, subsection 1, paragraph b, Code
72023, is amended to read as follows:
8b. A child’s need for shelter placement or for inpatient
9mental health or substance abuse use disorder treatment does
10not preclude entry or continued execution of a consent decree.
11 Sec. 644. Section 232.46, subsection 3, Code 2023, is
12amended to read as follows:
133. A consent decree shall not be entered unless the child
14and the child’s parent, guardian, or custodian is informed
15of the consequences of the decree by the court and the court
16determines that the child has voluntarily and intelligently
17agreed to the terms and conditions of the decree. If the
18county attorney objects to the entry of a consent decree,
19the court shall proceed to determine the appropriateness of
20entering a consent decree after consideration of any objections
21or reasons for entering such a decree.
22 Sec. 645. Section 232.52, subsection 2, paragraph d,
23subparagraph (3), Code 2023, is amended to read as follows:
24(3) The department of human services for purposes of
25foster care and prescribing the type of placement which will
26serve the best interests of the child and the means by which
27the placement shall be monitored by the court. The court
28shall consider ordering placement in family foster care as an
29alternative to group foster care.
30 Sec. 646. Section 232.52, subsection 2, paragraph e,
31unnumbered paragraph 1, Code 2023, is amended to read as
32follows:
33An order transferring the custody of the child, subject to
34the continuing jurisdiction and custody of the court for the
35purposes of section 232.54, to the director of the department
-408-1of human services for purposes of placement in the state
2training school or other facility, provided that the child is
3at least twelve years of age and the court finds the placement
4to be in the best interests of the child or necessary for the
5protection of the public, and that the child has been found to
6have committed an act which is a forcible felony, as defined
7in section 702.11, or a felony violation of section 124.401
8or chapter 707, or the court finds any three of the following
9conditions exist:
10 Sec. 647. Section 232.52, subsections 6, 8, and 9, Code
112023, are amended to read as follows:
126. If the court orders the transfer of custody of the
13child to the department of human services or other agency
14for placement, the department or agency responsible for the
15placement of the child shall submit a case permanency plan to
16the court and shall make every effort to return the child to
17the child’s home as quickly as possible.
188. If the court orders the transfer of the custody of the
19child to the department of human services or to another agency
20for placement in group foster care, the department or agency
21shall make every reasonable effort to place the child in the
22least restrictive, most family-like, and most appropriate
23setting available and in close proximity to the parents’ home,
24consistent with the child’s best interests and special needs,
25and shall consider the placement’s proximity to the school in
26which the child is enrolled at the time of placement.
279. If a child has previously been adjudicated as a child
28in need of assistance, and a social worker or other caseworker
29from the department of human services has been assigned to work
30on the child’s case, the court may order the department of
31human services to assign the same social worker or caseworker
32to work on any matters related to the child arising under this
33subchapter.
34 Sec. 648. Section 232.52, subsection 10, paragraph a,
35unnumbered paragraph 1, Code 2023, is amended to read as
-409-1follows:
2Upon receipt of an application from the director of the
3department of human services, the court shall enter an order
4to temporarily transfer a child who has been placed in the
5state training school pursuant to subsection 2, paragraph “e”,
6to a facility which has been designated to be an alternative
7placement site for the state training school, provided the
8court finds that all of the following conditions exist:
9 Sec. 649. Section 232.68, subsection 4, Code 2023, is
10amended to read as follows:
114. “Department” means the state department of health and
12 human services and includes the local, and county, and service
13area offices of the department.
14 Sec. 650. Section 232.69, subsection 1, paragraph b,
15subparagraphs (6) and (7), Code 2023, are amended to read as
16follows:
17(6) An employee or operator of a substance abuse use
18disorder program or facility licensed under chapter 125.
19(7) An employee of a department of human services
20 institution listed in section 218.1.
21 Sec. 651. Section 232.70, subsections 3, 5, and 6, Code
222023, are amended to read as follows:
233. The oral report shall be made by telephone or otherwise
24to the department of human services. If the person making the
25report has reason to believe that immediate protection for the
26child is advisable, that person shall also make an oral report
27to an appropriate law enforcement agency.
285. The oral and written reports shall contain the following
29information, or as much thereof of the following information as
30the person making the report is able to furnish:
31a. The names and home address of the child and the child’s
32parents or other persons believed to be responsible for the
33child’s care;.
34b. The child’s present whereabouts if not the same as the
35parent’s or other person’s home address;.
-410- 1c. The child’s age;.
2d. The nature and extent of the child’s injuries, including
3any evidence of previous injuries;.
4e. The name, age and condition of other children in the same
5home;.
6f. Any other information which the person making the report
7believes might be helpful in establishing the cause of the
8injury to the child, the identity of the person or persons
9responsible for the injury, or in providing assistance to the
10child; and.
11g. The name and address of the person making the report.
126. A report made by a permissive reporter, as defined in
13section 232.69, subsection 2, shall be regarded as a report
14pursuant to this chapter whether or not the report contains
15all of the information required by this section and may be
16made to the department of human services, county attorney, or
17law enforcement agency. If the report is made to any agency
18other than the department of human services, such agency shall
19promptly refer the report to the department of human services.
20 Sec. 652. Section 232.72, subsections 1 and 2, Code 2023,
21are amended to read as follows:
221. For the purposes of this subchapter, the terms
23“department of health and human services”, “department”, or
24“county attorney” ordinarily refer to the service area or local
25office of the department of human services or of the county
26attorney’s office serving the county in which the child’s home
27is located.
282. If the person making a report of child abuse pursuant to
29this chapter does not know where the child’s home is located,
30or if the child’s home is not located in the service area where
31the health practitioner examines, attends, or treats the child,
32 the report may be made to the department or to the local office
33serving the county where the person making the report resides
34or the county where the health practitioner examines, attends,
35or treats the child. These agencies shall promptly proceed as
-411-1provided in section 232.71B, unless the matter is transferred
2as provided in this section.
3 Sec. 653. Section 232.75, subsection 3, Code 2023, is
4amended to read as follows:
53. A person who reports or causes to be reported to the
6department of human services false information regarding an
7alleged act of child abuse, knowing that the information
8is false or that the act did not occur, commits a simple
9misdemeanor.
10 Sec. 654. Section 232.78, subsection 4, Code 2023, is
11amended to read as follows:
124. The juvenile court may enter an order authorizing
13a physician or physician assistant or hospital to provide
14emergency medical or surgical procedures before the filing of
15a petition under this chapter provided all of the following
16conditions are met:
17a. Such procedures are necessary to safeguard the life and
18health of the child; and.
19b. There is not enough time to file a petition under this
20chapter and hold a hearing as provided in section 232.95.
21 Sec. 655. Section 232.79, subsection 4, paragraphs a and b,
22Code 2023, are amended to read as follows:
23a. When the court is informed that there has been an
24emergency removal or keeping of a child without a court order,
25the court shall direct the department of human services or
26the juvenile probation department to make every reasonable
27effort to communicate immediately with the child’s parent or
28parents or other person legally responsible for the child’s
29care. Upon locating the child’s parent or parents or other
30person legally responsible for the child’s care, the department
31of human services or the juvenile probation department shall,
32in accordance with court-established procedures, immediately
33orally inform the court. After orally informing the court,
34the department of human services or the juvenile probation
35department shall provide to the court written documentation of
-412-1the oral information.
2b. The court shall authorize the department of human
3services or the juvenile probation department to cause a
4child thus removed or kept to be returned if it concludes
5there is not an imminent risk to the child’s life and health
6in so doing. If the department of human services or the
7juvenile probation department receives information which could
8affect the court’s decision regarding the child’s return,
9the department of human services or the juvenile probation
10department, in accordance with court established procedures,
11shall immediately orally provide the information to the
12court. After orally providing the information to the court,
13the department of human services or the juvenile probation
14department shall provide to the court written documentation
15of the oral information. If the child is not returned,
16the department of human services or the juvenile probation
17department shall forthwith cause a petition to be filed within
18three days after the removal.
19 Sec. 656. Section 232.81, subsection 2, Code 2023, is
20amended to read as follows:
212. Upon receipt of a complaint, the court may request the
22department of human services, juvenile probation office, or
23other authorized agency or individual to conduct a preliminary
24investigation of the complaint to determine if further action
25should be taken.
26 Sec. 657. Section 232.82, subsection 2, Code 2023, is
27amended to read as follows:
282. If an order is entered under subsection 1 and a petition
29has not yet been filed under this chapter, the petition shall
30be filed under section 232.87 by the county attorney, the
31department of human services, or a juvenile court officer
32within three days of the entering of the order.
33 Sec. 658. Section 232.87, subsection 2, Code 2023, is
34amended to read as follows:
352. A petition may be filed by the department of human
-413-1services, juvenile court officer, or county attorney.
2 Sec. 659. Section 232.89, subsection 3, Code 2023, is
3amended to read as follows:
43. The court shall determine, after giving the parent,
5guardian, or custodian an opportunity to be heard, whether
6the person has the ability to pay in whole or in part for
7counsel appointed for the child. If the court determines
8that the person possesses sufficient financial ability,
9the court shall then consult with the department of human
10services, the juvenile probation office, or other authorized
11agency or individual regarding the likelihood of impairment
12of the relationship between the child and the child’s parent,
13guardian, or custodian as a result of ordering the parent,
14guardian, or custodian to pay for the child’s counsel. If
15impairment is deemed unlikely, the court shall order that
16person to pay an amount the court finds appropriate in the
17manner and to whom the court directs. If the person fails to
18comply with the order without good reason, the court shall
19enter judgment against the person. If impairment is deemed
20likely or if the court determines that the parent, guardian,
21or custodian cannot pay any part of the expenses of counsel
22appointed to represent the child, counsel shall be reimbursed
23pursuant to section 232.141, subsection 2, paragraph “b”.
24 Sec. 660. Section 232.96, subsections 4 and 6, Code 2023,
25are amended to read as follows:
264. A report made to the department of human services
27 pursuant to chapter 235A shall be admissible in evidence,
28but such a report shall not alone be sufficient to support a
29finding that the child is a child in need of assistance unless
30the attorneys for the child and the parents consent to such a
31finding.
326. A report, study, record, or other writing or an
33audiotape or videotape recording made by the department of
34human services, a juvenile court officer, a peace officer, a
35child protection center, or a hospital relating to a child in a
-414-1proceeding under this subchapter is admissible notwithstanding
2any objection to hearsay statements contained in it provided
3it is relevant and material and provided its probative value
4substantially outweighs the danger of unfair prejudice to the
5child’s parent, guardian, or custodian. The circumstances of
6the making of the report, study, record or other writing or an
7audiotape or videotape recording, including the maker’s lack of
8personal knowledge, may be proved to affect its weight.
9 Sec. 661. Section 232.97, subsection 1, Code 2023, is
10amended to read as follows:
111. The court shall not make a disposition of the petition
12until five working days after a social report has been
13submitted to the court and counsel for the child and has been
14considered by the court. The court may waive the five-day
15requirement upon agreement by all the parties. The court may
16direct either the juvenile court officer or the department
17of human services or any other agency licensed by the state
18to conduct a social investigation and to prepare a social
19report which may include any evidence provided by an individual
20providing foster care for the child. A report prepared shall
21include any founded reports of child abuse.
22 Sec. 662. Section 232.98, subsection 2, Code 2023, is
23amended to read as follows:
242. Following an adjudication that a child is a child in need
25of assistance, the court may after a hearing order the physical
26or mental examination of the parent, guardian, or custodian if
27that person’s ability to care for the child is at issue.
28 Sec. 663. Section 232.100, Code 2023, is amended to read as
29follows:
30232.100 Suspended judgment.
31After the dispositional hearing the court may enter an
32order suspending judgment and continuing the proceedings
33subject to terms and conditions imposed to assure the proper
34care and protection of the child. Such terms and conditions
35may include the supervision of the child and of the parent,
-415-1guardian, or custodian by the department of human services,
2juvenile court office, or other appropriate agency designated
3by the court. The maximum duration of any term or condition of
4a suspended judgment shall be twelve months unless the court
5finds at a hearing held during the last month of that period
6that exceptional circumstances require an extension of the term
7or condition for an additional six months.
8 Sec. 664. Section 232.101, subsection 1, Code 2023, is
9amended to read as follows:
101. After the dispositional hearing, the court may enter an
11order permitting the child’s parent, guardian, or custodian
12at the time of the filing of the petition to retain custody
13of the child subject to terms and conditions which the court
14prescribes to assure the proper care and protection of the
15child. Such terms and conditions may include supervision
16of the child and the parent, guardian, or custodian by the
17department of human services, juvenile court office, or other
18appropriate agency which the court designates. Such terms
19and conditions may also include the provision or acceptance
20by the parent, guardian, or custodian of special treatment or
21care which the child needs for the child’s physical or mental
22health. If the parent, guardian, or custodian fails to provide
23the treatment or care, the court may order the department
24of human services or some other appropriate state agency to
25provide such care or treatment.
26 Sec. 665. Section 232.102, subsections 4 and 6, Code 2023,
27are amended to read as follows:
284. a. Whenever possible the court should permit the
29child to remain at home with the child’s parent, guardian, or
30custodian. Custody of the child should not be transferred
31unless the court finds there is clear and convincing evidence
32that of any of the following:
33(1) The child cannot be protected from physical abuse
34without transfer of custody; or.
35(2) The child cannot be protected from some harm which would
-416-1justify the adjudication of the child as a child in need of
2assistance and an adequate placement is available.
3b. In order to transfer custody of the child under
4this subsection, the court must make a determination that
5continuation of the child in the child’s home would be contrary
6to the welfare of the child, and shall identify the reasonable
7efforts that have been made. The court’s determination
8regarding continuation of the child in the child’s home,
9and regarding reasonable efforts, including those made to
10prevent removal and those made to finalize any permanency
11plan in effect, as well as any determination by the court
12that reasonable efforts are not required, must be made on
13a case-by-case basis. The grounds for each determination
14must be explicitly documented and stated in the court order.
15However, preserving the safety of the child is the paramount
16consideration. If imminent danger to the child’s life or
17health exists at the time of the court’s consideration, the
18determinations otherwise required under this paragraph shall
19not be a prerequisite for an order for removal of the child.
20If the court transfers custody of the child, unless the
21court waives the requirement for making reasonable efforts or
22otherwise makes a determination that reasonable efforts are not
23required, reasonable efforts shall be made to make it possible
24for the child to safely return to the family’s home.
256. In any order transferring custody to the department
26or an agency, or in orders pursuant to a custody order, the
27court shall specify the nature and category of disposition
28which will serve the best interests of the child, and shall
29prescribe the means by which the placement shall be monitored
30by the court. If the court orders the transfer of the custody
31of the child to the department of human services or other
32agency for placement, the department or agency shall submit
33a case permanency plan to the court and shall make every
34reasonable effort to return the child to the child’s home as
35quickly as possible consistent with the best interests of the
-417-1child. When the child is not returned to the child’s home and
2if the child has been previously placed in a licensed foster
3care facility, the department or agency shall consider placing
4the child in the same licensed foster care facility. If the
5court orders the transfer of custody to a parent who does not
6have physical care of the child, other relative, or other
7suitable person, the court may direct the department or other
8agency to provide services to the child’s parent, guardian,
9or custodian in order to enable them to resume custody of the
10child. If the court orders the transfer of custody to the
11department of human services or to another agency for placement
12in group foster care, the department or agency shall make every
13reasonable effort to place the child in the least restrictive,
14most family-like, and most appropriate setting available, and
15in close proximity to the parents’ home, consistent with the
16child’s best interests and special needs, and shall consider
17the placement’s proximity to the school in which the child is
18enrolled at the time of placement.
19 Sec. 666. Section 232.103A, subsections 3 and 5, Code 2023,
20are amended to read as follows:
213. The juvenile court shall designate the petitioner and
22respondent for the purposes of the bridge order. A bridge
23order shall only address matters of custody, physical care, and
24visitation. All other matters, including child support, shall
25be filed by separate petition or by action of the child support
26recovery unit services, and shall be subject to existing
27applicable statutory provisions.
285. The district court shall take judicial notice of the
29juvenile file in any hearing related to the case. Records
30contained in the district court case file that were copied or
31transferred from the juvenile court file concerning the case
32shall be subject to section 232.147 and other confidentiality
33provisions of this chapter for cases not involving juvenile
34delinquency, and shall be disclosed, upon request, to the child
35support recovery unit services without a court order.
-418-1 Sec. 667. Section 232.111, subsection 1, Code 2023, is
2amended to read as follows:
31. A child’s guardian, guardian ad litem, or custodian,
4the department of human services, a juvenile court officer, or
5the county attorney may file a petition for termination of the
6parent-child relationship and parental rights with respect to a
7child.
8 Sec. 668. Section 232.116, subsection 1, paragraph l, Code
92023, is amended to read as follows:
10l. The court finds that all of the following have occurred:
11(1) The child has been adjudicated a child in need of
12assistance pursuant to section 232.96 and custody has been
13transferred from the child’s parents for placement pursuant to
14section 232.102.
15(2) The parent has a severe substance-related substance use
16 disorder as described by either of the following:
17(a) The severe substance-related substance use disorder
18meets the definition for that term as defined in the most
19current edition of the diagnostic and statistical manual
20prepared by the American psychiatric association, and the
21parent presents a danger to self or others as evidenced by
22prior acts.
23(b) The disorder is evidenced by continued and repeated use
24through the case, the parent’s refusal to obtain a substance
25abuse use disorder evaluation or treatment after given the
26opportunity to do so, and the parent presents a danger to self
27or others as evidenced by prior acts.
28(3) There is clear and convincing evidence that the parent’s
29prognosis indicates that the child will not be able to be
30returned to the custody of the parent within a reasonable
31period of time considering the child’s age and need for a
32permanent home.
33 Sec. 669. Section 232.142, Code 2023, is amended to read as
34follows:
35232.142 Maintenance and cost of juvenile homes — fund.
-419- 11. County boards of supervisors which singly or in
2conjunction with one or more other counties provide and
3maintain juvenile detention and juvenile shelter care homes are
4subject to this section.
52. For the purpose of providing and maintaining a county
6or multicounty home, the board of supervisors of any county
7may issue general county purpose bonds in accordance with
8sections 331.441 through 331.449. Expenses for providing and
9maintaining a multicounty home shall be paid by the counties
10participating in a manner to be determined by the boards of
11supervisors.
123. A county or multicounty juvenile detention home approved
13pursuant to this section shall receive financial aid from the
14state in a manner approved by the director, the director of the
15department of human rights, or a designee of the director of
16the department of human rights. Aid paid by the state shall
17be at least ten percent and not more than fifty percent of the
18total cost of the establishment, improvements, operation, and
19maintenance of the home. This subsection is repealed July 1,
202023.
214. The director, the director of the department of human
22rights, or a designee of the director of the department of
23human rights shall adopt minimal rules and standards for the
24establishment, maintenance, and operation of such homes as
25shall be necessary to effect the purposes of this chapter. The
26rules shall apply the requirements of section 237.8, concerning
27employment and evaluation of persons with direct responsibility
28for a child or with access to a child when the child is
29alone and persons residing in a child foster care facility,
30to persons employed by, residing in, or volunteering for a
31home approved under this section. The director shall, upon
32request, give guidance and consultation in the establishment
33and administration of the homes and programs for the homes.
34This subsection is repealed July 1, 2023.
355. The director, the director of the department of human
-420-1rights, or a designee of the director of the department of
2human rights shall approve annually all such homes established
3and maintained under the provisions of this chapter. A home
4shall not be approved unless it complies with minimal rules and
5standards adopted by the director and has been inspected by the
6department of inspections and appeals. The statewide number
7of beds in the homes approved by the director shall not exceed
8two hundred seventy-two beds beginning July 1, 2017. This
9subsection is repealed July 1, 2023.
106. A juvenile detention home fund is created in the
11state treasury under the authority of the department or the
12department of human rights as the department and the department
13of human rights agree. The fund shall consist of moneys
14deposited in the fund pursuant to section 602.8108. The moneys
15in the fund shall be used for the costs of the establishment,
16improvement, operation, and maintenance of county or
17multicounty juvenile detention homes in accordance with annual
18appropriations made by the general assembly from the fund for
19these purposes. This subsection is repealed July 1, 2023.
20 Sec. 670. Section 232.147, subsection 2, paragraphs c, e,
21and j, Code 2023, are amended to read as follows:
22c. The child’s parent, guardian, or custodian, court
23appointed special advocate, and guardian ad litem, and
24the members of the child advocacy board created in section
25237.16 or a local citizen foster care review board created in
26accordance with section 237.19 who are assigning or reviewing
27the child’s case.
28e. An agency, individual, association, facility, or
29institution responsible for the care, treatment, or supervision
30of the child pursuant to a court order or voluntary placement
31agreement with the department of human services, juvenile
32officer, or intake officer.
33j. The department of human services.
34 Sec. 671. Section 232.147, subsection 3, paragraphs c, e,
35and h, Code 2023, are amended to read as follows:
-421- 1c. The child’s parent, guardian, or custodian, court
2appointed special advocate, guardian ad litem, and the members
3of the child advocacy board created in section 237.16 or a
4local citizen foster care review board created in accordance
5with section 237.19 who are assigning or reviewing the child’s
6case.
7e. An agency, individual, association, facility, or
8institution responsible for the care, treatment, or supervision
9of the child pursuant to a court order or voluntary placement
10agreement with the department of human services, juvenile court
11officer, or intake officer.
12h. The department of human services.
13 Sec. 672. Section 232.147, subsection 4, paragraphs c, f,
14and j, Code 2023, are amended to read as follows:
15c. The child’s parent, guardian, or custodian, court
16appointed special advocate, guardian ad litem, and the members
17of the child advocacy board created in section 237.16 or a
18local citizen foster care review board created in accordance
19with section 237.19 who are assigning or reviewing the child’s
20case.
21f. An agency, individual, association, facility, or
22institution responsible for the care, treatment, or supervision
23of the child pursuant to a court order or voluntary placement
24agreement with the department of human services, juvenile court
25officer, or intake officer.
26j. The department of human services.
27 Sec. 673. Section 232.147, subsection 7, Code 2023, is
28amended to read as follows:
297. Official juvenile court records enumerated in section
30232.2, subsection 43, paragraph “e”, relating to paternity,
31support, or the termination of parental rights, shall be
32disclosed, upon request, to the child support recovery unit
33 services without court order.
34 Sec. 674. Section 232.149, subsection 5, paragraph h, Code
352023, is amended to read as follows:
-422- 1h. The department of human services.
2 Sec. 675. Section 232.149A, subsection 3, paragraphs c and
3e, Code 2023, are amended to read as follows:
4c. The child’s parent, guardian, or custodian, court
5appointed special advocate, and guardian ad litem, and
6the members of the child advocacy board created in section
7237.16 or a local citizen foster care review board created in
8accordance with section 237.19 who are assigning or reviewing
9the child’s case.
10e. An agency, association, facility, or institution which
11has custody of the child, or is legally responsible for the
12care, treatment, or supervision of the child, including but not
13limited to the department of human services.
14 Sec. 676. Section 232.158A, subsection 1, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16Notwithstanding any provision of the interstate compact
17on the placement of children under section 232.158 to the
18contrary, the department of human services shall permit the
19legal risk placement of a child under the interstate compact on
20the placement of children if the prospective adoptive parent
21provides a legal risk statement, in writing, acknowledging all
22of the following:
23 Sec. 677. Section 232.158A, subsection 1, paragraph d, Code
242023, is amended to read as follows:
25d. That the prospective adoptive parent assumes full legal,
26financial, and other risks associated with the legal risk
27placement and that the prospective adoptive parent agrees
28to hold the department of human services harmless for any
29disruption or failure of the placement.
30 Sec. 678. Section 232.160, Code 2023, is amended to read as
31follows:
32232.160 Department of health and human services as public
33authority.
34The “appropriate public authorities” as used in article III
35of the interstate compact on the placement of children under
-423-1section 232.158 shall, with reference to this state, mean the
2state department of health and human services and said the
3 department shall receive and act with reference to notices
4required by article III of that interstate compact.
5 Sec. 679. Section 232.161, Code 2023, is amended to read as
6follows:
7232.161 Department as authority in receiving state.
8As used in paragraph “a” of article V of the interstate
9compact on the placement of children under section 232.158,
10the phrase “appropriate authority in the receiving state” with
11reference to this state shall mean means the state department
12of health and human services.
13 Sec. 680. Section 232.162, Code 2023, is amended to read as
14follows:
15232.162 Authority to enter agreements.
16The officers and agencies of this state and its subdivisions
17having authority to place children may enter into agreements
18with appropriate officers or agencies of or in other party
19states pursuant to paragraph “b” of article V of the interstate
20compact on the placement of children under section 232.158.
21Any such agreement which contains a financial commitment or
22imposes a financial obligation on this state or a subdivision
23or agency of this state shall not be binding unless it has the
24approval in writing of the administrator of child and family
25services director or the director’s designee in the case of the
26state and the county general assistance director in the case
27of a subdivision of the state.
28 Sec. 681. Section 232.168, Code 2023, is amended to read as
29follows:
30232.168 Attorney general to enforce.
31The attorney general may, on the attorney general’s own
32initiative, institute any criminal and civil actions and
33proceedings under this subchapter, at whatever stage of
34placement necessary, to enforce the interstate compact on
35the placement of children, including, but not limited to,
-424-1seeking enforcement of the provisions of the compact through
2the courts of a party state. The department of human services
3 shall cooperate with the attorney general and shall refer any
4placement or proposed placement to the attorney general which
5may require enforcement measures.
6 Sec. 682. Section 232.171, subsection 4, Code 2023, is
7amended to read as follows:
84. Article IV — Return of runaways.
9a. (1) That the parent, guardian, or person or agency
10entitled to legal custody of a juvenile who has not been
11adjudged delinquent but who has run away without the consent
12of such parent, guardian, or person or agency may petition
13the appropriate court in the demanding state for the issuance
14of a requisition for the juvenile’s return. The petition
15shall state the name and age of the juvenile, the name of the
16petitioner and the basis of entitlement to the juvenile’s
17custody, the circumstances of the juvenile’s running away,
18the juvenile’s location if known at the time application
19is made, and such other facts as may tend to show that the
20juvenile who has run away is endangering the juvenile’s own
21welfare or the welfare of others and is not an emancipated
22minor. The petition shall be verified by affidavit, shall
23be executed in duplicate, and shall be accompanied by two
24certified copies of the document or documents on which the
25petitioner’s entitlement to the juvenile’s custody is based,
26such as birth certificates, letters of guardianship, or custody
27decrees. Such further affidavits and other documents as may
28be deemed proper may be submitted with such petition. The
29judge of the court to which this application is made may hold a
30hearing thereon to determine whether for the purposes of this
31compact the petitioner is entitled to the legal custody of the
32juvenile, whether or not it appears that the juvenile has in
33fact run away without consent, whether or not the juvenile is
34an emancipated minor, and whether or not it is in the best
35interest of the juvenile to compel the juvenile’s return to
-425-1the state. If the judge determines, either with or without a
2hearing, that the juvenile should be returned, the judge shall
3present to the appropriate court or to the executive authority
4of the state where the juvenile is alleged to be located a
5written requisition for the return of such juvenile. Such
6requisition shall set forth the name and age of the juvenile,
7the determination of the court that the juvenile has run away
8without the consent of a parent, guardian, or person or agency
9entitled to the juvenile’s legal custody, and that it is in
10the best interest and for the protection of such juvenile that
11the juvenile be returned. In the event that a proceeding for
12the adjudication of the juvenile as a delinquent, neglected or
13dependent juvenile is pending in the court at the time when
14such juvenile runs away, the court may issue a requisition for
15the return of such juvenile upon its own motion, regardless
16of the consent of the parent, guardian, or person or agency
17entitled to legal custody, reciting therein the nature and
18circumstances of the pending proceeding. The requisition shall
19in every case be executed in duplicate and shall be signed by
20the judge. One copy of the requisition shall be filed with the
21compact administrator of the demanding state, there to remain
22on file subject to the provisions of law governing records
23of such court. Upon the receipt of a requisition demanding
24the return of a juvenile who has run away, the court or the
25executive authority to whom the requisition is addressed shall
26issue an order to any peace officer or other appropriate person
27directing the officer or person to take into custody and detain
28such juvenile. Such detention order must substantially recite
29the facts necessary to the validity of its issuance hereunder.
30No juvenile detained upon such order shall be delivered over
31to the officer whom the court demanding the juvenile shall
32have appointed to receive the juvenile, unless the juvenile
33shall first be taken forthwith before a judge of a court in the
34state, who shall inform the juvenile of the demand made for
35the juvenile’s return, and who may appoint counsel or guardian
-426-1ad litem for the juvenile. If the judge of such court shall
2find that the requisition is in order, the judge shall deliver
3such juvenile over to the officer whom the court demanding the
4juvenile shall have appointed to receive the juvenile. The
5judge, however, may fix a reasonable time to be allowed for the
6purpose of testing the legality of the proceeding.
7(2) Upon reasonable information that a person is a juvenile
8who has run away from another state party to this compact
9without the consent of a parent, guardian, or person or agency
10entitled to the juvenile’s legal custody, such juvenile may be
11taken into custody without a requisition and brought forthwith
12before a judge of the appropriate court who may appoint counsel
13or guardian ad litem for such juvenile and who shall determine
14after a hearing whether sufficient cause exists to hold the
15person, subject to the order of the court, for the person’s own
16protection and welfare, for such a time not exceeding ninety
17days as will enable the person’s return to another state party
18to this compact pursuant to a requisition for the person’s
19return from a court of that state. If, at the time when a
20state seeks the return of a juvenile who has run away, there is
21pending in the state wherein the juvenile is found any criminal
22charge, or any proceeding to have the juvenile adjudicated a
23delinquent juvenile for an act committed in such state, or
24if the juvenile is suspected of having committed within such
25state a criminal offense or an act of juvenile delinquency,
26the juvenile shall not be returned without the consent of
27such state until discharged from prosecution or other form of
28proceeding, imprisonment, detention or supervision for such
29offense or juvenile delinquency. The duly accredited officers
30of any state party to this compact, upon the establishment
31of their authority and the identity of the juvenile being
32returned, shall be permitted to transport such juvenile through
33any and all states party to this compact, without interference.
34Upon the juvenile’s return to the state from which the juvenile
35ran away, the juvenile shall be subject to such further
-427-1proceedings as may be appropriate under the laws of that state.
2b. That the state to which a juvenile is returned under this
3article shall be responsible for payment of the transportation
4costs of such return.
5c. That “juvenile” as used in this article means any person
6who is a minor under the law of the state of residence of the
7parent, guardian, or person or agency entitled to the legal
8custody of such minor.
9 Sec. 683. Section 232.171, subsection 7, paragraph a, Code
102023, is amended to read as follows:
11a. That the duly constituted judicial and administrative
12authorities of a state party to this compact, herein called
13“sending state”, may permit any delinquent juvenile within
14such state, placed on probation or parole, to reside in any
15other state party to this compact, herein called “receiving
16state”, while on probation or parole, and the receiving
17state shall accept such delinquent juvenile, if the parent,
18guardian, or person entitled to the legal custody of such
19delinquent juvenile is residing or undertakes to reside
20within the receiving state. Before granting such permission,
21opportunity shall be given to the receiving state to make such
22investigations as it deems necessary. The authorities of the
23sending state shall send to the authorities of the receiving
24state copies of pertinent court orders, social case studies
25and all other available information which may be of value to
26and assist the receiving state in supervising a probationer
27or parolee under this compact. A receiving state, in its
28discretion, may agree to accept supervision of a probationer or
29parolee in cases where the parent, guardian, or person entitled
30to the legal custody of the delinquent juvenile is not a
31resident of the receiving state, and if so accepted the sending
32state may transfer supervision accordingly.
33 Sec. 684. Section 232.171, subsection 10, paragraph f, Code
342023, is amended to read as follows:
35f. Provide that the consent of the parent, guardian, or
-428-1 person or agency entitled to the legal custody of said the
2 delinquent juvenile shall be secured prior to the juvenile
3being sent to another state; and
4 Sec. 685. Section 232.188, Code 2023, is amended to read as
5follows:
6232.188 Decategorization of child welfare and juvenile
7justice funding initiative.
81. Definitions. For the purposes of this section, unless
9the context otherwise requires:
10a. “Decategorization governance board” or “governance
11board” means the group that enters into and implements a
12decategorization project agreement.
13b. “Decategorization project” means the county or counties
14that have entered into a decategorization agreement to
15implement the decategorization initiative in the county or
16multicounty area covered by the agreement.
17c. “Decategorization services funding pool” or “funding pool”
18means the funding designated for a decategorization project
19from all sources.
202. Purpose. The decategorization of the child welfare and
21juvenile justice funding initiative is intended to establish
22a system of delivering human services based upon client needs
23to replace a system based upon a multitude of categorical
24programs and funding sources, each with different service
25definitions and eligibility requirements. The purposes of
26the decategorization initiative include but are not limited
27to redirecting child welfare and juvenile justice funding
28to services which are more preventive, family-centered,
29and community-based in order to reduce use of restrictive
30approaches which rely upon institutional, out-of-home, and
31out-of-community services.
323. Implementation.
33a. Implementation of the initiative shall be through
34creation of decategorization projects. A project shall consist
35of either a single county or a group of counties interested
-429-1in jointly implementing the initiative. Representatives of
2the department, juvenile court services, and county government
3shall develop a project agreement to implement the initiative
4within a project.
5b. The initiative shall include community planning
6activities in the area covered by a project. As part of
7the community planning activities, the department shall
8partner with other community stakeholders to develop service
9alternatives that provide less restrictive levels of care for
10children and families receiving services from the child welfare
11and juvenile justice systems within the project area.
12c. The decategorization initiative shall not be implemented
13in a manner that limits the legal rights of children and
14families to receive services.
154. Governance board.
16a. In partnership with an interested county or group of
17counties which has demonstrated the commitment and involvement
18of the affected county department, or departments, of human
19services, the juvenile justice system within the project
20area, and board, or boards, of supervisors in order to form
21a decategorization project, the department shall develop
22a process for combining specific state and state-federal
23funding categories into a decategorization services funding
24pool for that project. A decategorization project shall be
25implemented by a decategorization governance board. The
26decategorization governance board shall develop specific,
27quantifiable short-term and long-term plans for enhancing the
28family-centered and community-based services and reducing
29reliance upon out-of-community care in the project area.
30b. The department shall work with the decategorization
31governance boards to best coordinate planning activities and
32most effectively target funding resources. A departmental
33service area manager The department shall work with the
34decategorization governance boards in that service area to
35support board planning and service development activities and
-430-1to promote the most effective alignment of resources.
2c. A decategorization governance board shall coordinate
3the project’s planning and budgeting activities with the
4departmental service area manager department’s designee for the
5county or counties comprising the project area and the early
6childhood Iowa area board or boards for the early childhood
7Iowa area or areas within which the decategorization project
8is located.
95. Funding pool.
10a. The governance board for a decategorization project has
11authority over the project’s decategorization services funding
12pool and shall manage the pool to provide more flexible,
13individualized, family-centered, preventive, community-based,
14comprehensive, and coordinated service systems for children and
15families served in that project area. A funding pool shall
16also be used for child welfare and juvenile justice systems
17enhancements.
18b. Notwithstanding section 8.33, moneys designated for a
19project’s decategorization services funding pool that remain
20unencumbered or unobligated at the close of the fiscal year
21shall not revert but shall remain available for expenditure as
22directed by the project’s governance board for child welfare
23and juvenile justice systems enhancements and other purposes
24of the project for the next three succeeding fiscal years.
25Such moneys shall be known as “carryover funding”. Moneys may
26be made available to a funding pool from one or more of the
27following sources:
28(1) Funds designated for the initiative in a state
29appropriation.
30(2) Child welfare and juvenile justice services funds
31designated for the initiative by a departmental service area
32manager the department.
33(3) Juvenile justice program funds designated for the
34initiative by a chief juvenile court officer.
35(4) Carryover funding.
-431- 1(5) Any other source designating moneys for the funding
2pool.
3c. The services and activities funded from a project’s
4funding pool may vary depending upon the strategies selected
5by the project’s governance board and shall be detailed in an
6annual child welfare and juvenile justice decategorization
7services plan developed by the governance board. A
8decategorization governance board shall involve community
9representatives and county organizations in the development of
10the plan for that project’s funding pool. In addition, the
11governance board shall coordinate efforts through communication
12with the appropriate departmental service area manager
13 department regarding budget planning and decategorization
14service decisions.
15d. A decategorization governance board is responsible for
16ensuring that decategorization services expenditures from that
17project’s funding pool do not exceed the amount of funding
18available. If necessary, the governance board shall reduce
19expenditures or discontinue specific services as necessary to
20manage within the funding pool resources available for a fiscal
21year.
22e. The annual child welfare and juvenile justice
23decategorization services plan developed for use of the funding
24pool by a decategorization governance board shall be submitted
25to the department administrator of child welfare services
26 and the early childhood Iowa state board. In addition, the
27decategorization governance board shall submit an annual
28progress report to the department administrator and the early
29childhood Iowa state board which summarizes the progress made
30toward attaining the objectives contained in the plan. The
31progress report shall serve as an opportunity for information
32sharing and feedback.
336. Departmental role. A The departmental service area’s
34 share of the child welfare appropriation that is not allocated
35by law for the decategorization initiative shall be managed
-432-1by and is under the authority of the service area manager
2 department. A service area manager The department is
3responsible for meeting the child welfare service needs in the
4counties comprising the service area with the available funding
5resources.
6 Sec. 686. Section 232.189, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8Based upon a model reasonable efforts family court
9initiative, the director of human services and the chief
10justice of the supreme court or their designees shall jointly
11establish and implement a statewide protocol for reasonable
12efforts, as defined in section 232.102. In addition, the
13director and the chief justice shall design and implement
14a system for judicial and departmental reasonable efforts
15education for deployment throughout the state. The system for
16reasonable efforts education shall be developed in a manner
17which addresses the particular needs of rural areas and shall
18include but is not limited to all of the following topics:
19 Sec. 687. Section 232B.3, Code 2023, is amended by adding
20the following new subsections:
21 NEW SUBSECTION. 3A. “Department” means the department of
22health and human services.
23 NEW SUBSECTION. 3B. “Director” means the director of health
24and human services.
25 Sec. 688. Section 232B.9, subsections 8 and 9, Code 2023,
26are amended to read as follows:
278. A record of each foster care placement, emergency
28removal, preadoptive placement, or adoptive placement of an
29Indian child, under the laws of this state, shall be maintained
30in perpetuity by the department of human services in accordance
31with section 232B.13. The record shall document the active
32efforts to comply with the applicable order of preference
33specified in this section.
349. The state of Iowa recognizes the authority of Indian
35tribes to license foster homes and to license agencies to
-433-1receive children for control, care, and maintenance outside
2of the children’s own homes, or to place, receive, arrange
3the placement of, or assist in the placement of children for
4foster care or adoption. The department of human services and
5child-placing agencies licensed under chapter 238 may place
6children in foster homes and facilities licensed by an Indian
7tribe.
8 Sec. 689. Section 232B.11, subsections 1 and 2, Code 2023,
9are amended to read as follows:
101. The director of human services or the director’s designee
11shall make a good faith effort to enter into agreements
12with Indian tribes regarding jurisdiction over child custody
13proceedings and the care and custody of Indian children whose
14tribes have land within Iowa, including but not limited to
15the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and
16the Winnebago tribe, and whose tribes have an Indian child
17who resides in the state of Iowa. An agreement shall seek to
18promote the continued existence and integrity of the Indian
19tribe as a political entity and the vital interest of Indian
20children in securing and maintaining a political, cultural,
21and social relationship with their tribes. An agreement
22shall assure that tribal services and Indian organizations
23or agencies are used to the greatest extent practicable in
24planning and implementing any action pursuant to the agreement
25concerning the care and custody of Indian children. If tribal
26services are not available, an agreement shall assure that
27community services and resources developed specifically for
28Indian families will be used.
292. If an agreement entered into between the tribe and the
30department of human services pertaining to the funding of
31foster care placements for Indian children conflicts with any
32federal or state law, the state in a timely, good faith manner
33shall agree to amend the agreement in a way that prevents any
34interruption of services to eligible Indian children.
35 Sec. 690. Section 232B.12, Code 2023, is amended to read as
-434-1follows:
2232B.12 Payment of foster care expenses.
31. If the department of human services has legal custody
4of an Indian child and that child is placed in foster care
5according to the placement preferences under section 232B.9
6the state shall pay, subject to any applicable federal funding
7limitations and requirements, the cost of the foster care in
8the manner and to the same extent the state pays for foster
9care of non-Indian children, including the administrative and
10training costs associated with the placement. In addition,
11the state shall pay the other costs related to the foster care
12placement of an Indian child as may be provided for in an
13agreement entered into between a tribe and the state.
142. The department of human services may, subject to any
15applicable federal funding limitations and requirements and
16within funds appropriated for foster care services, purchase
17care for Indian children who are in the custody of a federally
18recognized Indian tribe or tribally licensed child-placing
19agency pursuant to parental consent, tribal court order, or
20state court order; and the purchase of the care is subject to
21the same eligibility standards and rates of support applicable
22to other children for whom the department purchases care.
23 Sec. 691. Section 232B.13, subsections 1, 3, 4, and 5, Code
242023, are amended to read as follows:
251. The department of human services shall establish an
26automated database where a permanent record shall be maintained
27of every involuntary or voluntary foster care, preadoptive
28placement, or adoptive placement of an Indian child that is
29ordered by a court of this state and in which the department
30was involved. The automated record shall document the active
31efforts made to comply with the order of placement preference
32specified in section 232B.9. An Indian child’s placement
33record shall be maintained in perpetuity by the department
34of human services and shall include but is not limited to
35the name, birthdate, and gender of the Indian child, and the
-435-1location of the local department office that maintains the
2original file and documents containing the information listed
3in subsection 2.
43. If a court orders the foster care, preadoptive placement,
5or adoptive placement of an Indian child, the court and any
6state-licensed child-placing agency involved in the placement
7shall provide the department of human services with the records
8described in subsections 1 and 2.
94. A record maintained pursuant to this section by the
10department of human services, a county department of human
11services, state-licensed child-placing agency, private
12attorney, or medical facility shall be made available within
13seven days of a request for the record by the Indian child’s
14tribe or the secretary of the interior.
155. Upon the request of an Indian individual who is eighteen
16years of age or older, or upon the request of an Indian
17child’s parent, Indian custodian, attorney, guardian ad litem,
18guardian, legal custodian, or caseworker of the Indian child,
19the department of human services, a county department of
20human services, state-licensed child-placing agency, private
21attorney, or medical facility shall provide access to the
22records pertaining to the Indian individual or child maintained
23pursuant to this section. The records shall also be made
24available upon the request of the descendants of the Indian
25individual or child. A record shall be made available within
26seven days of a request for the record by any person authorized
27by this subsection to make the request.
28 Sec. 692. Section 232B.14, subsection 1, Code 2023, is
29amended to read as follows:
301. The department of human services, in consultation
31with Indian tribes, shall establish standards and procedures
32for the department’s review of cases subject to this chapter
33and methods for monitoring the department’s compliance with
34provisions of the federal Indian Child Welfare Act and this
35chapter. These standards and procedures and the monitoring
-436-1methods shall be integrated into the department’s structure
2and plan for the federal government’s child and family service
3review process and any program improvement plan resulting from
4that process.
5 Sec. 693. Section 232C.2, subsection 1, Code 2023, is
6amended to read as follows:
71. Prior to an emancipation hearing held pursuant to
8section 232C.1, the court, on its own motion, may stay the
9proceedings, and refer the parties to mediation or request
10that the department of health and human services investigate
11any allegations of child abuse or neglect contained in the
12petition, and order that a written report be prepared and filed
13by the department.
14 Sec. 694. Section 232C.4, subsection 6, Code 2023, is
15amended to read as follows:
166. A parent who is absolved of child support obligations
17pursuant to an emancipation order shall notify the child
18support recovery unit services of the department of health and
19 human services of the emancipation.
20 Sec. 695. Section 232D.204, subsection 4, Code 2023, is
21amended to read as follows:
224. A proceeding under this section shall not create a new
23eligibility category for the department of health and human
24services protective services.
25 Sec. 696. Section 232D.307, subsection 3, Code 2023, is
26amended to read as follows:
273. The judicial branch in conjunction with the department
28of public safety, the department of health and human services,
29and the state chief information officer shall establish
30procedures for electronic access to the single contact
31repository necessary to conduct background checks requested
32under subsection 1.
33 Sec. 697. Section 233.2, subsection 2, paragraphs c and d,
34Code 2023, are amended to read as follows:
35c. If the physical custody of the newborn infant is
-437-1relinquished at an institutional health facility, the state
2shall reimburse the institutional health facility for the
3institutional health facility’s actual expenses in providing
4care to the newborn infant and in performing acts necessary to
5protect the physical health or safety of the newborn infant.
6The reimbursement shall be paid from moneys appropriated for
7this purpose to the department of health and human services.
8d. If the name of the parent is unknown to the institutional
9health facility, the individual on duty or other person
10designated by the institutional health facility at which
11physical custody of the newborn infant was relinquished shall
12submit the certificate of birth report as required pursuant to
13section 144.14. If the name of the parent is disclosed to the
14institutional health facility, the facility shall submit the
15certificate of birth report as required pursuant to section
16144.13. The department of public health and human services
17 shall not file the certificate of birth with the county of
18birth and shall otherwise maintain the confidentiality of the
19birth certificate in accordance with section 144.43.
20 Sec. 698. Section 233.2, subsection 3, Code 2023, is amended
21to read as follows:
223. As soon as possible after the individual on duty or first
23responder assumes physical custody of a newborn infant released
24under subsection 1, the individual or first responder shall
25notify the department of health and human services and the
26department shall take the actions necessary to assume the care,
27control, and custody of the newborn infant. The department
28shall immediately notify the juvenile court and the county
29attorney of the department’s action and the circumstances
30surrounding the action and request an ex parte order from the
31juvenile court ordering, in accordance with the requirements of
32section 232.78, the department to take custody of the newborn
33infant. Upon receiving the order, the department shall take
34custody of the newborn infant. Within twenty-four hours of
35taking custody of the newborn infant, the department shall
-438-1notify the juvenile court and the county attorney in writing
2of the department’s action and the circumstances surrounding
3the action.
4 Sec. 699. Section 233.6, unnumbered paragraph 1, Code 2023,
5is amended to read as follows:
6The department of health and human services, in consultation
7with the Iowa department of public health and the department of
8justice, shall develop and distribute the following:
9 Sec. 700. Section 233A.1, Code 2023, is amended to read as
10follows:
11233A.1 State training school — Eldora.
121. Effective January 1, 1992, a diagnosis and evaluation
13center and other units are established at the state training
14school to provide court-committed male juvenile delinquents a
15program which focuses upon appropriate developmental skills,
16treatment, placements, and rehabilitation.
172. The diagnosis and evaluation center which is used to
18identify appropriate treatment and placement alternatives for
19juveniles and any other units for juvenile delinquents which
20are located at Eldora shall be known as the “state training
21school”.
223. For the purposes of this chapter “director”:
23a. “Department” means the department of health and human
24services.
25b. “Director”means the director of health and human
26services and “superintendent”.
27c. “State training school” means the diagnosis and
28evaluation center which is used to identify appropriate
29treatment and placement alternatives for juveniles and any
30other units for juvenile delinquents which are located at
31Eldora.
32d. “Superintendent”means the administrator in charge of the
33diagnosis and evaluation center for juvenile delinquents and
34other units at the state training school.
353. 4. The number of children present at any one time at
-439-1the state training school shall not exceed the population
2guidelines established under 1990 Iowa Acts, ch.1239, §21, as
3adjusted for subsequent changes in the capacity at the training
4school.
5 Sec. 701. Section 233A.3, Code 2023, is amended to read as
6follows:
7233A.3 Salary.
8The salary of the superintendent of the state training
9school shall be determined by the administrator director.
10 Sec. 702. Section 233A.6, Code 2023, is amended to read as
11follows:
12233A.6 Visits.
13Members of the executive council, the attorney general,
14the lieutenant governor, members of the general assembly,
15judges of the supreme and district court and court of appeals,
16magistrates, county attorneys, and persons ordained or
17designated as regular leaders of a religious community are
18authorized to may visit the state training school at reasonable
19times. No other person shall be granted admission except by
20permission of the superintendent.
21 Sec. 703. Section 233A.7, Code 2023, is amended to read as
22follows:
23233A.7 Placing in families.
24All children committed to and received in the state training
25school may be placed by the department under foster care
26arrangements, with any persons or in families of good standing
27and character where they the children will be properly cared
28for and educated. The cost of foster care provided under these
29arrangements shall be paid as provided in section 234.35.
30 Sec. 704. Section 233A.8, Code 2023, is amended to read as
31follows:
32233A.8 Articles of agreement.
33Such children shall be so A child placed in foster care as
34provided in section 233A.7 shall be placed under articles of
35agreement, approved by the administrator director and signed
-440-1by the person or persons taking them providing foster care and
2by the superintendent. Said The articles of agreement shall
3provide for the custody, care, education, maintenance, and
4earnings of said children the child for a time to be fixed
5 specified in said the articles, which shall not extend beyond
6the time when the persons bound shall attain the child attains
7 age of eighteen years of age.
8 Sec. 705. Section 233A.9, Code 2023, is amended to read as
9follows:
10233A.9 Resuming custody of child.
11In case If a child so placed be in foster care as provided
12in section 233A.7 is not given the care, education, treatment,
13and maintenance required by such the articles of agreement, the
14administrator director may cause the child to be taken from
15the person with whom placed and returned return the child to
16the institution state training school, or may replace place
17the child in a different foster care placement, or release, or
18finally discharge the child as may seem best.
19 Sec. 706. Section 233A.10, Code 2023, is amended to read as
20follows:
21233A.10 Unlawful interference.
22It shall be unlawful for any parent or other person not
23a party to such the placing of a child in foster care to
24interfere in any manner or assume or exercise any control over
25such the child or the child’s earnings. Said The child’s
26 earnings shall be used, held, or otherwise applied for the
27exclusive benefit of such the child, in accordance with section
28234.37.
29 Sec. 707. Section 233A.11, Code 2023, is amended to read as
30follows:
31233A.11 County attorney to appear for child.
32In case legal proceedings are necessary to enforce any
33right conferred on any child by sections 233A.7 through
34233A.10, the county attorney of the county in which such
35proceedings should be instituted shall, on the request of the
-441-1superintendent, approved by subject to the approval of the
2administrator director, institute and carry on, in the name of
3the superintendent, out the proceedings in on behalf of the
4superintendent.
5 Sec. 708. Section 233A.12, Code 2023, is amended to read as
6follows:
7233A.12 Discharge or parole.
8The administrator director may at any time after one year’s
9service order the discharge or parole of any inmate as a reward
10for good conduct, and may, in exceptional cases, discharge or
11parole inmates without regard to the length of their service
12or conduct, when satisfied that the reasons therefor for the
13discharge or parole are urgent and sufficient. If paroled upon
14satisfactory evidence of reformation, the order may remain in
15effect or terminate under such rules as the administrator may
16prescribe prescribed by the director.
17 Sec. 709. Section 233A.13, Code 2023, is amended to read as
18follows:
19233A.13 Binding out or discharge Discharge.
20The binding out or the discharge of an inmate as reformed, or
21having arrived at the age of eighteen years of age, shall be a
22complete release from all penalties incurred by the conviction
23for the offense upon which the child was committed to the
24school.
25 Sec. 710. Section 233A.14, Code 2023, is amended to read as
26follows:
27233A.14 Transfers to other institutions.
28The administrator director may transfer minor wards of
29the state to the state training school minor wards of the
30state from any institution under the administrator’s charge
31 director’s control, but no a person shall not be so transferred
32who is mentally ill or has a mental illness or an intellectual
33disability. Any child in the state training school who is
34mentally ill has a mental illness or has an intellectual
35disability may be transferred by the administrator director to
-442-1the proper state institution.
2 Sec. 711. Section 233A.15, Code 2023, is amended to read as
3follows:
4233A.15 Transfers to work in parks.
51. The administrator director may detail assign children,
6classed as from the state training school deemed trustworthy,
7from the state training school, to perform services for the
8department of natural resources within the state parks, state
9game and forest areas, and other lands under the jurisdiction
10of the department of natural resources. The department of
11natural resources shall provide permanent housing and work
12guidance supervision, but the care and custody of the children
13so detailed assigned shall remain under employees of the
14division of child and family services of with the department of
15human services. All such programs shall have as their primary
16purpose and shall provide for inculcation or the activation of
17attitudes, skills, and habit patterns which will be conducive
18to the habilitation of the youths children involved.
192. The administrator is hereby authorized to director
20may use state-owned mobile housing equipment and facilities
21in performing services at temporary locations in the areas
22described in subsection 1.
23 Sec. 712. Section 234.1, Code 2023, is amended to read as
24follows:
25234.1 Definitions.
26As used in this chapter, unless the context otherwise
27requires:
281. “Administrator” means the administrator of the division.
292. 1. “Child” means either a person less than eighteen
30years of age or a person eighteen, nineteen, or twenty years of
31age who meets all of the following conditions:
32a. The person was placed by court order issued pursuant
33to chapter 232 in foster care or in an institution listed in
34section 218.1 and either of the following situations apply to
35the person:
-443- 1(1) After reaching eighteen years of age, the person
2has remained continuously and voluntarily under the care
3of an individual, as defined in section 237.1, licensed to
4provide foster care pursuant to chapter 237 or in a supervised
5apartment living arrangement, in this state.
6(2) The person aged out of foster care after reaching
7eighteen years of age and subsequently voluntarily applied for
8placement with an individual, as defined in section 237.1,
9licensed to provide foster care pursuant to chapter 237 or for
10placement in a supervised apartment living arrangement, in this
11state.
12b. The person has demonstrated a willingness to participate
13in case planning and to complete the responsibilities
14prescribed in the person’s case permanency plan.
15c. The department has made an application for the person
16for adult services upon a determination that it is likely the
17person will need or be eligible for services or other support
18from the adult services system.
193. “Division” or “state division” means that division of the
20department of human services to which the director has assigned
21responsibility for income and service programs.
224. “Food assistance program” means the benefits provided
23through the United States department of agriculture program
24administered by the department of human services in accordance
25with 7 C.F.R. pts.270 – 283.
262. “Council” means the council on health and human services.
273. “Department” means the department of health and human
28services.
294. “Director” means the director of health and human
30services.
315. “Food programs” means the food stamp supplemental
32nutrition assistance program and donated foods programs
33authorized by federal law under the United States department
34of agriculture.
356. “Supplemental nutrition assistance program” or “SNAP”
-444-1 means benefits provided by the federal program administered
2through 7 C.F.R.pts.270 – 280, as amended.
3 Sec. 713. Section 234.4, Code 2023, is amended to read as
4follows:
5234.4 Education of children in departmental programs.
6If the department of human services has custody or has other
7responsibility for a child based upon the child’s involvement
8in a departmental program involving foster care, preadoption or
9adoption, or subsidized guardianship placement and the child
10is subject to the compulsory attendance law under chapter 299,
11the department shall fulfill the responsibilities outlined in
12section 299.1 and other responsibilities under federal and
13state law regarding the child’s school attendance. As part
14of fulfilling the responsibilities described in this section,
15if the department has custody or other responsibility for
16placement and care of a child and the child transfers to a
17different school during or immediately preceding the period of
18custody or other responsibility, within the first six weeks of
19the transfer date the department shall assess the student’s
20degree of success in adjusting to the different school.
21 Sec. 714. Section 234.6, Code 2023, is amended to read as
22follows:
23234.6 Powers and duties of the administrator director.
241. The administrator shall be vested with the authority
25to director shall administer the family investment program,
26state supplementary assistance, food programs, child welfare,
27and emergency relief, family and adult service programs, and
28any other form of public welfare assistance and institutions
29that are placed under the administrator’s director’s
30 administration. The administrator director shall perform
31duties, shall formulate and adopt rules as may be necessary,
32and shall outline policies, dictate procedure, and delegate
33such powers as may be necessary for competent and efficient
34administration. Subject to restrictions that may be imposed
35by the director of human services and the council on human
-445-1services, the administrator director may abolish, alter,
2consolidate, or establish subdivisions subunits and may abolish
3or change offices previously created existing subunits. The
4administrator director may employ necessary personnel and
5fix determine their compensation; may allocate or reallocate
6functions and duties among any subdivisions now existing or
7later established subunits; and may adopt rules relating to the
8employment of personnel and the allocation of their functions
9and duties among the various subdivisions subunits as required
10for competent and efficient administration may require. The
11administrator director shall do all of the following:
12a. Cooperate with the social security administration created
13by the Social Security Act and codified at 42 U.S.C. §901,
14or other agency of the federal government for public welfare
15 assistance, in such reasonable manner as may be necessary to
16qualify for federal aid, including the making of such reports
17in such form and containing such information as the social
18security administration, from time to time, may require,
19and to comply with such regulations as such social security
20administration, from time to time, may find necessary to assure
21the correctness and verification of such reports.
22b. Furnish information to acquaint the public generally
23with the operation of the federal Acts under the director’s
24 jurisdiction of the administrator.
25c. With the approval of the director of human services,
26the governor, the director of the department of management,
27and the director of the department of administrative services,
28set up establish an administrative fund from the funds under
29the administrator’s director’s control and management an
30administrative fund and from the administrative fund pay the
31expenses of operating the division department’s duties under
32this chapter.
33d. Notwithstanding any provisions to the contrary in chapter
34239B relating to the consideration of income and resources
35of claimants for assistance, the administrator, and with the
-446-1consent and approval of the director of human services and
2the council on human services, shall make such adopt rules as
3may be necessary to qualify for federal aid in the assistance
4programs administered by the administrator director.
5e. Have authority to use Use funds available to the
6department, subject to any limitations placed on the use
7thereof of the funds by the legislation appropriating the
8funds, to provide to or purchase, for eligible families and
9individuals eligible therefor, services including but not
10limited to the following:
11(1) Child care for children or adult day services, in
12facilities which are licensed or are approved as meeting
13standards for licensure.
14(2) Foster care, including foster family care, group homes,
15and institutions.
16(3) Family-centered services, as defined in section
17232.102A, subsection 1, paragraph “b”.
18(4) Family planning.
19(5) Protective services.
20(6) Services or support provided to a child with an
21intellectual disability or other developmental disability or
22to the child’s family.
23(7) Transportation services.
24(8) Any services, not otherwise enumerated in this
25paragraph “e”, authorized by or pursuant to the United States
26Social Security Act of 1934, as amended.
27f. Administer the food programs authorized by federal law,
28and recommend rules necessary in the administration of those
29programs to the director for adoption pursuant to chapter 17A.
30g. Provide consulting and technical services to the director
31of the department of education, or the director’s designee,
32upon request, relating to prekindergarten, kindergarten, and
33before and after school programming and facilities.
34h. Recommend rules for their adoption by the council on
35human services for before and after school child care programs,
-447-1conducted within and by or contracted for by school districts,
2that are appropriate for the ages of the children who receive
3services under the programs.
42. The department of human services shall have the power
5and authority to may use the funds available to it, to purchase
6services of all kinds from public or private agencies to
7provide for the needs of children, including but not limited to
8psychiatric services, supervision, specialized group, foster
9homes, and institutional care.
103. In determining the reimbursement rate for services
11purchased by the department of human services from a person
12or agency, the department shall not include private moneys
13contributed to the person or agency unless the moneys are
14contributed for services provided to a specific individual.
15 Sec. 715. Section 234.7, Code 2023, is amended to read as
16follows:
17234.7 Department duties.
181. The department of human services shall comply with the
19provision associated with child foster care licensees under
20chapter 237 that requires that a child’s foster parent be
21included in, and be provided timely notice of, planning and
22review activities associated with the child, including but not
23limited to permanency planning and placement review meetings,
24which shall include discussion of the child’s rehabilitative
25treatment needs.
262. a. The department of human services shall submit a
27waiver request to the United States department of health and
28human services as necessary to provide coverage under the
29medical assistance program for children who are described by
30both of the following:
31(1) The child needs behavioral health care services and
32qualifies for the care level provided by a psychiatric medical
33institution for children licensed under chapter 135H.
34(2) The child is in need of treatment to cure or alleviate
35serious mental illness or disorder, or emotional damage
-448-1as evidenced by severe anxiety, depression, withdrawal, or
2untoward aggressive behavior toward self or others and whose
3parent, guardian, or custodian is unable to provide such
4treatment.
5b. The waiver request shall provide for appropriately
6addressing the needs of children described in paragraph “a” by
7implementing any of the following options: using a wraparound
8services approach, renegotiating the medical assistance program
9contract provisions for behavioral health services, or applying
10another approach for appropriately meeting the children’s
11needs.
12c. If federal approval of the waiver request is not
13received, the department shall submit options to the governor
14and general assembly to meet the needs of such children through
15a state-funded program.
16 Sec. 716. Section 234.8, Code 2023, is amended to read as
17follows:
18234.8 Fees for child welfare services.
19The department of human services may charge a fee for
20child welfare services to a person liable for the cost of the
21services. The fee shall not exceed the reasonable cost of the
22services. The fee shall be based upon the person’s ability
23to pay and consideration of the fee’s impact upon the liable
24person’s family and the goals identified in the case permanency
25plan. The department may assess the liable person for the fee
26and the means of recovery shall include a setoff against an
27amount owed by a state agency to the person assessed pursuant
28to section 8A.504. In addition the department may establish
29an administrative process to recover the assessment through
30automatic income withholding. The department shall adopt
31rules pursuant to chapter 17A to implement the provisions of
32this section. This section does not apply to court-ordered
33services provided to juveniles which are a charge upon the
34state pursuant to section 232.141 and services for which the
35department has established a support obligation pursuant to
-449-1section 234.39.
2 Sec. 717. Section 234.12, Code 2023, is amended to read as
3follows:
4234.12 Department to provide food programs.
51. The department of human services is authorized to
6 may enter into such agreements with agencies of the federal
7government as are necessary in order to make available to the
8people of this state any federal food programs which may, under
9federal laws and regulations, be implemented in this state.
10Each such program shall be implemented in every county in the
11state, or in each county where implementation is permitted by
12federal laws and regulations.
132. The provisions of the federal Personal Responsibility
14and Work Opportunity Reconciliation Act of 1996, Pub.L.
15No.104-193, §115, shall not apply to an applicant for or
16recipient of food stamp supplemental nutrition assistance
17program benefits in this state. However, the department of
18human services may apply contingent eligibility requirements as
19provided under state law and allowed under federal law.
203. Upon request by the department of human services,
21the department of inspections and appeals shall conduct
22investigations into possible fraudulent practices, as described
23in section 234.13, relating to food programs administered by
24the department of human services.
25 Sec. 718. Section 234.12A, Code 2023, is amended to read as
26follows:
27234.12A Electronic benefits transfer program.
281. The department of human services shall maintain an
29electronic benefits transfer program utilizing electronic funds
30transfer systems for the food supplemental nutrition assistance
31program. The electronic benefits transfer program implemented
32under this section shall not require a retailer to make cash
33disbursements or to provide, purchase, or upgrade electronic
34funds transfer system equipment as a condition of participation
35in the program.
-450- 12. A point-of-sale terminal which is used only for purchases
2from a retailer by electronic benefits transfer utilizing
3electronic funds transfer systems is not a satellite terminal
4as defined in section 527.2.
53. For the purposes of this section, “retailer” means
6a business authorized by the United States department of
7agriculture to accept food supplemental nutrition assistance
8program benefits.
9 Sec. 719. Section 234.13, Code 2023, is amended to read as
10follows:
11234.13 Fraudulent practices relating to food programs.
12For the purposes of this section, unless the context
13otherwise requires, “benefit transfer instrument” means a
14food stamp supplemental nutrition assistance program coupon,
15authorization-to-purchase card, or electronic benefits transfer
16card. A person commits a fraudulent practice if that person
17does any of the following:
181. With intent to gain financial assistance to which that
19person is not entitled, knowingly makes or causes to be made a
20false statement or representation or knowingly fails to report
21to an employee of the department of human services any change
22in income, resources or other circumstances affecting that
23person’s entitlement to such financial assistance.
242. As a beneficiary of the food programs, transfers any
25food stamp supplemental nutrition assistance program benefit
26transfer instrument to any other individual with intent that
27the benefit transfer instrument be used for the benefit of
28someone other than persons within the beneficiary’s food
29stamp supplemental nutrition assistance program household as
30certified by the department of human services.
313. Knowingly acquires, uses or attempts to use any food
32stamp supplemental nutrition assistance program benefit
33transfer instrument which was not issued for the benefit of
34that person’s food stamp supplemental nutrition assistance
35program household by the department of human services, or by an
-451-1agency administering food programs in another state.
24. Acquires, alters, transfers, or redeems a food stamp
3 supplemental nutrition assistance benefit transfer instrument
4or possesses a benefit transfer instrument, knowing that the
5benefit transfer instrument has been received, transferred,
6or used in violation of this section or the provisions of the
7federal food stamp supplemental nutrition assistance program
8under 7 U.S.C. ch.51 or the federal regulations issued
9pursuant to that chapter.
10 Sec. 720. Section 234.14, Code 2023, is amended to read as
11follows:
12234.14 Federal grants.
13The state treasurer is hereby authorized to may receive such
14 federal funds as may be made available for carrying out any of
15the activities and functions of the state division department
16under this chapter, and all such funds are hereby appropriated
17for expenditure upon authorization of the administrator
18 director.
19 Sec. 721. Section 234.21, Code 2023, is amended to read as
20follows:
21234.21 Services to be offered.
22The state division department may offer, provide to,
23or purchase family planning and birth control services to
24 for every person who is an eligible applicant or recipient
25of service services or any financial assistance from the
26department of human services, or who is receiving federal
27supplementary security income as defined in section 249.1.
28 Sec. 722. Section 234.22, Code 2023, is amended to read as
29follows:
30234.22 Extent of services.
31Such The family planning and birth control services
32may include interview interviews with trained personnel;
33distribution of literature; referral to a licensed physician
34or physician assistant for consultation, examination, tests,
35medical treatment, and prescription prescriptions; and, to
-452-1the extent so prescribed, the distribution of rhythm charts,
2drugs, medical preparations, contraceptive devices, and similar
3products.
4 Sec. 723. Section 234.23, Code 2023, is amended to read as
5follows:
6234.23 Charge for services.
7In making provision for and offering such services, the
8state division department may charge those persons to whom
9family planning and birth control services are rendered a fee
10sufficient to reimburse the state division department all or
11any portion of the costs of the services rendered.
12 Sec. 724. Section 234.35, Code 2023, is amended to read as
13follows:
14234.35 When state to pay foster care costs.
151. The department of human services is responsible for
16paying the cost of foster care for a child, according to rates
17established pursuant to section 234.38, under any of the
18following circumstances:
19a. When a court has committed the child to the director of
20human services or the director’s designee.
21b. When a court has transferred legal custody of the child
22to the department of human services.
23c. When the department has agreed to provide foster care
24services for the child for a period of not more than ninety
25days on the basis of a signed placement agreement between the
26department and the child’s parent or guardian.
27d. When the child has been placed in emergency care for
28a period of not more than thirty days upon approval of the
29director or the director’s designee.
30e. When a court has entered an order transferring the legal
31custody of the child to a foster care placement pursuant to
32section 232.46, section 232.52, subsection 2, paragraph “d”, or
33section 232.102, subsection 1. However, payment shall not be
34made for a group foster care placement unless the group foster
35care meets requirements as established by the department by
-453-1rule.
2f. When the department has agreed to provide foster care
3services for a child who is eighteen years of age or older
4on the basis of a signed placement agreement between the
5department and the child or the person acting on behalf of the
6child.
7g. When the department has agreed to provide foster care
8services for the child on the basis of a signed placement
9agreement initiated before July 1, 1992, between the department
10and the child’s parent or guardian.
11h. When the child is placed in shelter care pursuant to
12section 232.20, subsection 1, or section 232.21.
132. Except as provided under section 234.38 for direct
14payment of foster parents, payment for foster care costs shall
15be limited to foster care providers with whom the department
16has a contract in force.
173. Payment for foster care services provided to a child
18who is eighteen years of age or older shall be limited to the
19following:
20a. Family foster care or supervised apartment living
21arrangements.
22b. For a child who is at imminent risk of becoming homeless
23or failing to graduate from high school or to obtain a general
24education development diploma, if the services are in the
25child’s best interest, funding is available for the services,
26and an appropriate alternative service is unavailable.
27 Sec. 725. Section 234.37, Code 2023, is amended to read as
28follows:
29234.37 Department may establish accounts for certain
30children.
31The department of human services is authorized to may
32 establish an account in the name of any child committed to
33the director of human services or the director’s designee, or
34whose legal custody has been transferred to the department, or
35who is voluntarily placed in foster care pursuant to section
-454-1234.35. Any money which the child receives from the United
2States government or any private source shall be placed in the
3child’s account, unless a guardian of the child’s property has
4been appointed and demands the money, in which case it shall
5be paid to the guardian. The account shall be maintained by
6the department as trustee for the child in an interest-bearing
7account at a reputable bank or savings association, except
8that if the child is residing at an institution administered
9by the department a limited amount of the child’s funds may be
10maintained in a separate account, which need not be interest
11bearing, in the child’s name at the institution. Any money
12held in an account in the child’s name or in trust for the
13child under this section may be used, at the discretion of the
14department and subject to restrictions lawfully imposed by the
15United States government or other source from which the child
16receives the funds, for the purchase of personal incidentals,
17desires and comforts of the child. All of the money held for
18a child by the department under this section and not used
19in the child’s behalf as authorized by law shall be promptly
20paid to the child or the child’s parent or legal guardian upon
21termination of the commitment of the child to the director or
22the director’s designee, or upon transfer or cessation of legal
23custody of the child by the department.
24 Sec. 726. Section 234.38, Code 2023, is amended to read as
25follows:
26234.38 Foster care reimbursement rates.
27The department of human services shall make reimbursement
28payments directly to foster parents for services provided to
29children pursuant to section 234.6, subsection 1, paragraph
30“e”, subparagraph (2), or section 234.35. In any fiscal
31year, the reimbursement rate shall be based upon sixty-five
32percent of the United States department of agriculture
33estimate of the cost to raise a child in the calendar year
34immediately preceding the fiscal year. The department may pay
35an additional stipend for a child with special needs.
-455-1 Sec. 727. Section 234.39, Code 2023, is amended to read as
2follows:
3234.39 Responsibility for cost of services.
41. It is the intent of this chapter that an individual
5receiving foster care services and the individual’s parents or
6guardians shall have primary responsibility for paying the cost
7of the care and services. The support obligation established
8and adopted under this section shall be consistent with the
9limitations on legal liability established under sections
10222.78 and 230.15, and by any other statute limiting legal
11responsibility for support which may be imposed on a person for
12the cost of care and services provided by the department. The
13department shall notify an individual’s parents or guardians,
14at the time of the placement of an individual in foster care,
15of the responsibility for paying the cost of care and services.
16Support obligations shall be established as follows:
17a. For an individual to whom section 234.35, subsection
181, is applicable, a dispositional order of the juvenile court
19requiring the provision of foster care, or an administrative
20order entered pursuant to chapter 252C, or any order
21establishing paternity and support for a child in foster care,
22shall establish, after notice and a reasonable opportunity to
23be heard is provided to a parent or guardian, the amount of
24the parent’s or guardian’s support obligation for the cost
25of foster care provided by the department. The amount of
26the parent’s or guardian’s support obligation and the amount
27of support debt accrued and accruing shall be established in
28accordance with the child support guidelines prescribed under
29section 598.21B. However, the court, or the department of
30human services in establishing support by administrative order,
31may deviate from the prescribed obligation after considering
32a recommendation by the department for expenses related to
33goals and objectives of a case permanency plan as defined
34under section 237.15, and upon written findings of fact which
35specify the reason for deviation and the prescribed guidelines
-456-1amount. Any order for support shall direct the payment of the
2support obligation to the collection services center for the
3use of the department’s foster care recovery unit services.
4The order shall be filed with the clerk of the district court
5in which the responsible parent or guardian resides and has
6the same force and effect as a judgment when entered in the
7judgment docket and lien index. The collection services center
8shall disburse the payments pursuant to the order and record
9the disbursements. If payments are not made as ordered, the
10 child support recovery unit services may certify a default to
11the court and the court may, on its own motion, proceed under
12section 598.22 or 598.23 or the child support recovery unit
13 services may enforce the judgment as allowed by law. An order
14entered under this paragraph may be modified only in accordance
15with the guidelines prescribed under section 598.21C, or under
16chapter 252H.
17b. For an individual who is served by the department of
18human services under section 234.35, and is not subject to
19a dispositional order of the juvenile court requiring the
20provision of foster care, the department shall determine the
21obligation of the individual’s parent or guardian pursuant
22to chapter 252C and in accordance with the child support
23guidelines prescribed under section 598.21B. However, the
24department may adjust the prescribed obligation for expenses
25related to goals and objectives of a case permanency plan
26as defined under section 237.15. An obligation determined
27under this paragraph may be modified only in accordance with
28conditions under section 598.21C, or under chapter 252H.
292. A person entitled to periodic support payments pursuant
30to an order or judgment entered in any action for support,
31who also is or has a child receiving foster care services, is
32deemed to have assigned to the department current and accruing
33support payments attributable to the child effective as of the
34date the child enters foster care placement, to the extent
35of expenditure of foster care funds. The department shall
-457-1notify the clerk of the district court when a child entitled
2to support payments is receiving foster care services pursuant
3to chapter 234. Upon notification by the department that a
4child entitled to periodic support payments is receiving foster
5care services, the clerk of the district court shall make a
6notation of the automatic assignment in the judgment docket and
7lien index. The notation constitutes constructive notice of
8assignment. The clerk of court shall furnish the department
9with copies of all orders and decrees awarding support when
10the child is receiving foster care services. At the time the
11child ceases to receive foster care services, the assignment
12of support shall be automatically terminated. Unpaid support
13accrued under the assignment of support rights during the time
14that the child was in foster care remains due to the department
15up to the amount of unreimbursed foster care funds expended.
16The department shall notify the clerk of court of the automatic
17termination of the assignment. Unless otherwise specified in
18the support order, an equal and proportionate share of any
19child support awarded shall be presumed to be payable on behalf
20of each child subject to the order or judgment for purposes of
21an assignment under this section.
223. The support debt for the costs of services, for which
23a support obligation is established pursuant to this section,
24which accrues prior to the establishment of the support debt,
25shall be collected, at a maximum, in the amount which is the
26amount of accrued support debt for the three months preceding
27the earlier of the following:
28a. The provision by the child support recovery unit services
29 of the initial notice to the parent or guardian of the amount
30of the support obligation.
31b. The date that the written request for a court hearing
32is received by the child support recovery unit services as
33provided in section 252C.3 or 252F.3.
344. If the department makes a subsidized guardianship
35payment for a child, the payment shall be considered a foster
-458-1care payment for purposes of child support recovery services.
2All provisions of this and other sections, and of rules and
3orders adopted or entered pursuant to those sections, including
4for the establishment of a paternity or support order, for
5the amount of a support obligation, for the modification or
6adjustment of a support obligation, for the assignment of
7support, and for enforcement shall apply as if the child
8were receiving foster care services, or were in foster care
9placement, or as if foster care funds were being expended for
10the child. This subsection shall apply regardless of the date
11of placement in foster care or subsidized guardianship or the
12date of entry of an order, and foster care and subsidized
13guardianship shall be considered the same for purposes of child
14support recovery services.
15 Sec. 728. Section 234.40, Code 2023, is amended to read as
16follows:
17234.40 Corporal punishment.
18The department of human services shall adopt rules
19prohibiting corporal punishment of foster children by foster
20parents licensed by the department. The rules shall allow
21foster parents to use reasonable physical force to restrain a
22foster child in order to prevent injury to the foster child,
23injury to others, the destruction of property, or extremely
24disruptive behavior. For the purposes of this section,
25“corporal punishment” means the intentional physical punishment
26of a foster child. A foster parent’s physical contact with
27the body of a foster child shall not be considered corporal
28punishment if the contact is reasonable and necessary under the
29circumstances and is not designed or intended to cause pain or
30if the foster parent uses reasonable force, as defined under
31section 704.1.
32 Sec. 729. Section 234.41, Code 2023, is amended to read as
33follows:
34234.41 Tort actions.
35A foster parent licensed by the department of human services
-459-1 stands in the same relationship to the foster parent’s minor
2foster child, for purposes of tort actions by or on behalf of
3the foster child against the foster parent, as a biological
4parent to the biological parent’s minor child who resides at
5home. This section does not apply to a foster parent whose
6malicious, willful and wanton conduct causes injury or damage
7to a foster child or exposes the foster child to a danger
8caused by violation of a statute or the rules of the department
9of human services.
10 Sec. 730. Section 234.45, Code 2023, is amended to read as
11follows:
12234.45 Iowa marriage initiative grant fund.
131. An Iowa marriage initiative grant fund is established
14in the state treasury under the authority of the department
15of human services. The grant fund shall consist of moneys
16appropriated to the fund and notwithstanding section 8.33 such
17moneys shall not revert to the fund from which appropriated
18at the close of the fiscal year but shall remain in the Iowa
19marriage initiative grant fund. Moneys credited to the fund
20shall be used as directed in appropriations made by the general
21assembly for funding of services to support marriage and to
22encourage the formation and maintenance of two-parent families
23that are secure and nurturing.
242. It is the intent of the general assembly to credit to the
25Iowa marriage initiative grant fund, federal moneys provided
26to the state for the express purpose of supporting marriage or
27two-parent families.
28 Sec. 731. Section 234.46, subsection 2, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30The division department shall establish a preparation for
31adult living program directed to young adults. The purpose
32of the program is to assist persons who are leaving foster
33care and other court-ordered services at age eighteen or
34older in making the transition to self-sufficiency. The
35department shall adopt rules necessary for administration of
-460-1the program, including but not limited to eligibility criteria
2for young adult participation and the services and other
3support available under the program. The rules shall provide
4for participation of each person who meets the definition of
5young adult on the same basis, regardless of whether federal
6financial participation is provided. The services and other
7support available under the program may include but are not
8limited to any of the following:
9 Sec. 732. Section 234.47, Code 2023, is amended to read as
10follows:
11234.47 State child care assistance and adoption subsidy
12programs — expenditure projections.
13The department of human services, the department of
14management, and the legislative services agency shall utilize
15a joint process to arrive at consensus projections for
16expenditures for the state child care assistance program under
17section 237A.13 and adoption subsidy and other assistance
18provided under section 600.17.
19 Sec. 733. Section 235.1, Code 2023, is amended to read as
20follows:
21235.1 Definitions.
22As used in this chapter, unless the context otherwise
23requires:
241. “Administrator” means the same as defined in section
25234.1.
262. 1. “Child” means the same as defined in section 234.1.
273. 2. “Child welfare services” means social welfare
28services for the protection and care of children who are
29homeless, dependent or neglected, or in danger of becoming
30delinquent, or who have a mental illness or an intellectual
31disability or other developmental disability, including, when
32necessary, care and maintenance in a foster care facility.
33Child welfare services are designed to serve a child in the
34child’s home whenever possible. If not possible, and the child
35is placed outside the child’s home, the placement should be in
-461-1the least restrictive setting available and in close proximity
2to the child’s home.
34. “State division” means the same as defined in section
4234.1.
53. “Department” means the department of health and human
6services.
74. “Director” means the director of health and human
8services.
9 Sec. 734. Section 235.2, Code 2023, is amended to read as
10follows:
11235.2 Powers and duties of state division department.
12The state division department, in addition to all other
13powers and duties given it the department by law, shall:
141. Administer and enforce the provisions of this chapter.
152. Join and cooperate with the government of the United
16States through its appropriate agency or instrumentality or
17with any other officer or agency of the federal government in
18planning, establishing, extending and strengthening public and
19private child welfare services within the state.
203. Make such investigations Investigate and to obtain such
21 information as will to permit the administrator director to
22determine the need for public child welfare services within the
23state and within the several county departments thereof.
244. Apply for and receive any funds which are or may be
25allotted to the state by the United States or any agency
26thereof of the United States for the purpose of developing
27child welfare services.
285. Make such reports and budget estimates to the governor
29and to the general assembly as are required by law or such as
30are necessary and proper to obtain the appropriation of state
31funds for child welfare services within the state and for all
32the purposes of this chapter.
336. Cooperate with the several county departments within the
34state, and all county boards of supervisors and other public
35or private agencies charged with the protection and care of
-462-1children, in the development of child welfare services.
27. Aid in the enforcement of all laws of the state for the
3protection and care of children.
48. Cooperate with the juvenile courts of the state and with
5the other administrators and divisions of the subunits within
6the department of human services regarding the management and
7control of state institutions and the inmates thereof of the
8institutions.
9 Sec. 735. Section 235.3, Code 2023, is amended to read as
10follows:
11235.3 Powers and duties of administrator director.
12The administrator director shall:
131. Plan and supervise all public child welfare services and
14activities within the state as provided by this chapter.
152. Make such reports and obtain and furnish such information
16from time to time as may be necessary to permit cooperation by
17the state division director with the United States children’s
18bureau, the social security administration, or any other
19federal agency which is now or may hereafter be charged with
20any duty regarding child care or child welfare services.
213. Adopt rules as necessary or advisable for the supervision
22of the private child-caring agencies or their officers which
23the administrator department is empowered to license and
24supervise.
254. Supervise private institutions for the care of
26dependent, neglected, and delinquent children, and make reports
27regarding the institutions.
285. Designate and approve the private and county
29institutions within the state to which neglected, dependent,
30and delinquent children may be legally committed and to have
31supervision of, supervise the care of children committed
32thereto to these institutions, and have the right of visitation
33 to visit and inspection of said inspect these institutions at
34all times.
356. Receive and keep on file annual reports from all
-463-1institutions to which children subject to the jurisdiction
2of the juvenile court are committed, compile statistics
3regarding juvenile delinquency, make reports regarding
4juvenile delinquency, and study prevention and cure of juvenile
5delinquency.
67. Require and receive from the clerks of the courts of
7record within the state duplicates of the findings of the
8courts upon petitions for adoption, and keep records and
9compile statistics regarding adoptions.
108. License private child-placing agencies, make reports
11regarding them the agencies, and revoke such licenses.
129. Make such rules and regulations as may be necessary
13for the distribution and use of funds appropriated for child
14welfare services.
15 Sec. 736. Section 235.4, Code 2023, is amended to read as
16follows:
17235.4 Licenses.
18Licenses issued to private boarding homes for children and
19private child-placing agencies by the administrator department
20 shall remain in effect for the period for which issued, unless
21sooner revoked according to law. Thereafter each of such the
22 agencies shall apply to the administrator department for a new
23license, and shall submit to such rules regarding licensing as
24the administrator prescribes prescribed by the department.
25 Sec. 737. Section 235.7, Code 2023, is amended to read as
26follows:
27235.7 Transition committees.
281. Committees established. The department of human services
29 shall establish and maintain local transition committees to
30address the transition needs of those children receiving child
31welfare services who are age sixteen or older and have a case
32permanency plan as defined in section 232.2. The department
33shall adopt rules establishing criteria for transition
34committee membership, operating policies, and basic functions.
35The rules shall provide flexibility for a committee to adopt
-464-1protocols and other procedures appropriate for the geographic
2area addressed by the committee.
32. Membership. The department may authorize the governance
4boards of decategorization of child welfare and juvenile
5justice funding projects established under section 232.188 to
6appoint the transition committee membership and may utilize
7the boundaries of decategorization projects to establish
8the service areas for transition committees. The committee
9membership may include but is not limited to department of
10human services staff involved with foster care, child welfare,
11and adult services, juvenile court services staff, staff
12involved with county general assistance or emergency relief
13under chapter 251 or 252, or a regional administrator of the
14county mental health and disability services region, as defined
15in section 331.388, in the area, school district and area
16education agency staff involved with special education, and a
17child’s court appointed special advocate, guardian ad litem,
18service providers, and other persons knowledgeable about the
19child.
203. Duties. A transition committee shall review and approve
21the written plan of services required for the child’s case
22permanency plan in accordance with section 232.2, subsection 4,
23paragraph “g”, which, based upon an assessment of the child’s
24needs, would assist the child in preparing for the transition
25from foster care to adulthood. In addition, a transition
26committee shall identify and act to address any gaps existing
27in the services or other support available to meet the child
28and adult needs of individuals for whom service plans are
29approved.
30 Sec. 738. Section 235A.1, Code 2023, is amended to read as
31follows:
32235A.1 Child abuse prevention program.
331. a. A program for the prevention of child abuse is
34established within the state department of health and human
35services. Any moneys appropriated by the general assembly for
-465-1child abuse prevention shall be used by the department of human
2services solely for the purposes of child abuse prevention and
3shall not be expended for treatment or other service delivery
4programs regularly maintained by the department. Moneys
5appropriated for child abuse prevention shall be used by the
6department through contract with an agency or organization
7which shall administer the funds with maximum use of voluntary
8administrative services for the following:
9(1) Matching federal funds to purchase services relating to
10community-based programs for the prevention of child abuse and
11neglect.
12(2) Funding the establishment or expansion of
13community-based prevention projects or educational programs for
14the prevention of child abuse and neglect.
15(3) To study and evaluate Studying and evaluating
16 community-based prevention projects and educational programs
17for the problems of families and children.
18b. Funds for the programs or projects shall be applied
19for and received by a community-based volunteer coalition or
20council.
212. The director of health and human services may accept
22grants, gifts, and bequests from any source for the purposes
23designated in subsection 1. The director shall remit funds so
24 received to the treasurer of state who shall deposit them the
25funds in the general fund of the state for the use of the child
26abuse prevention program.
27 Sec. 739. Section 235A.2, Code 2023, is amended to read as
28follows:
29235A.2 Child abuse prevention program fund.
301. A child abuse prevention program fund is created in
31the state treasury under the control of the department of
32health and human services. The fund is composed of moneys
33appropriated or available to and obtained or accepted by the
34treasurer of state for deposit in the fund. The fund shall
35include moneys transferred to the fund pursuant to an income
-466-1tax checkoff provided in chapter 422, subchapter II, if
2applicable. All interest earned on moneys in the fund shall
3be credited to and remain in the fund. Section 8.33 does not
4apply to moneys in the fund.
52. Moneys in the fund that are authorized by the department
6for expenditure are appropriated, and shall be used, for the
7purposes described in section 235A.1 of preventing child abuse
8and neglect.
9 Sec. 740. NEW SECTION. 235A.3 Child abuse prevention
10program advisory committee.
11The council on health and human services shall establish a
12child abuse prevention program advisory committee to support
13the child abuse prevention program implemented in accordance
14with section 235A.1. The duties of the advisory committee
15shall include all of the following:
161. Advise the director of health and human services
17regarding expenditures of funds received for the child abuse
18prevention program.
192. Review the implementation and effectiveness of
20legislation and administrative rules concerning the child abuse
21prevention program.
223. Recommend changes in legislation and administrative
23rules to the general assembly and the appropriate department
24officials.
254. Require reports from state agencies and other entities as
26necessary to perform its duties.
275. Receive and review complaints from the public concerning
28the operation and management of the child abuse prevention
29program.
306. Approve grant proposals.
31 Sec. 741. Section 235A.13, Code 2023, is amended to read as
32follows:
33235A.13 Definitions.
34 The definitions in section 232.68 are applicable to this
35subchapter unless the context otherwise requires.As used
-467-1in chapter 232, subchapter III, part 2, and this subchapter,
2unless the context otherwise requires:
31. “Assessment data” means any of the following information
4pertaining to the department’s evaluation of a family:
5a. Identification of the strengths and needs of the child,
6and of the child’s parent, home, and family.
7b. Identification of services available from the department
8and informal and formal services and other support available in
9the community to meet identified strengths and needs.
102. “Child abuse information” means any or all of the
11following data maintained by the department in a manual or
12automated data storage system and individually identified:
13a. Report data.
14b. Assessment data.
15c. Disposition data.
163. “Confidentiality” means the withholding of information
17from any manner of communication, public or private.
184. “Department” means the department of health and human
19services.
205. “Director” means the director of health and human
21services.
226. “Disposition data” means information pertaining to
23an opinion or decision as to the occurrence of child abuse,
24including:
25a. Any intermediate or ultimate opinion or decision reached
26by assessment personnel.
27b. Any opinion or decision reached in the course of judicial
28proceedings.
29c. The present status of any case.
306. 7. “Expungement” means the process of destroying child
31abuse information.
327. 8. “Individually identified” means any report,
33assessment, or disposition data which names the person or
34persons responsible or believed responsible for the child
35abuse.
-468- 18. 9. “Multidisciplinary team” means a group of individuals
2who possess knowledge and skills related to the diagnosis,
3assessment, and disposition of child abuse cases and who are
4professionals practicing in the disciplines of medicine,
5nursing, public health, substance abuse use disorder, domestic
6violence, mental health, social work, child development,
7education, law, juvenile probation, or law enforcement, or a
8group established pursuant to section 235B.1, subsection 1.
99. 10. “Near fatality” means an injury to a child that,
10as certified by a physician or physician assistant, placed the
11child in serious or critical condition.
1210. 11. “Report data” means any of the following
13information pertaining to an assessment of an allegation of
14child abuse in which the department has determined the alleged
15child abuse meets the definition of child abuse:
16a. The name and address of the child and the child’s parents
17or other persons responsible for the child’s care.
18b. The age of the child.
19c. The nature and extent of the injury, including evidence
20of any previous injury.
21d. Additional information as to the nature, extent, and
22cause of the injury, and the identity of the person or persons
23alleged to be responsible for the injury.
24e. The names and conditions of other children in the child’s
25home.
26f. A recording made of an interview conducted under chapter
27232 in association with a child abuse assessment.
28g. Any other information believed to be helpful in
29establishing the information in paragraph “d”.
3011. 12. “Sealing” means the process of removing child abuse
31information from authorized access as provided by this chapter.
32 Sec. 742. Section 235A.14, Code 2023, is amended to read as
33follows:
34235A.14 Creation and maintenance of a central registry.
351. There is created within the state department of
-469-1human services a central registry for certain child abuse
2information. The department shall organize and staff the
3registry and adopt rules for its operation.
42. The registry shall collect, maintain and disseminate
5child abuse information as provided for by this chapter.
63. The department shall maintain a toll-free telephone
7line, which shall be available on a twenty-four hour a day,
8seven-day a week basis and which the department of human
9services and all other persons may use to report cases of
10suspected child abuse and that all persons authorized by this
11chapter may use for obtaining child abuse information.
124. An oral report of suspected child abuse initially made to
13the central registry shall be immediately transmitted by the
14department to the appropriate county department of social human
15 services or law enforcement agency, or both.
165. The registry, upon receipt of a report of suspected
17child abuse, shall search the records of the registry, and
18if the records of the registry reveal any previous report of
19child abuse involving the same child or any other child in
20the same family, or if the records reveal any other pertinent
21information with respect to the same child or any other child
22in the same family, the appropriate office of the department of
23human services or law enforcement agency shall be immediately
24notified of that fact.
256. The central registry shall include report data and
26disposition data which is subject to placement in the central
27registry under section 232.71D. The central registry shall not
28include assessment data.
29 Sec. 743. Section 235A.15, subsection 2, paragraph b,
30subparagraphs (2) and (4), Code 2023, are amended to read as
31follows:
32(2) To an employee or agent of the department of human
33services responsible for the assessment of a child abuse
34report.
35(4) To a multidisciplinary team, or to parties to an
-470-1interagency agreement entered into pursuant to section 280.25,
2if the department of human services approves the composition of
3the multidisciplinary team or the relevant provisions of the
4interagency agreement and determines that access to the team
5or to the parties to the interagency agreement is necessary
6to assist the department in the diagnosis, assessment, and
7disposition of a child abuse case.
8 Sec. 744. Section 235A.15, subsection 2, paragraph c,
9subparagraph (8), Code 2023, is amended to read as follows:
10(8) To an administrator of an agency certified by the
11department of human services to provide services under a
12medical assistance home and community-based services waiver,
13if the data concerns a person employed by or being considered
14by the agency for employment.
15 Sec. 745. Section 235A.15, subsection 2, paragraph d,
16subparagraph (7), Code 2023, is amended to read as follows:
17(7) Each licensing board specified under chapter 147 and the
18Iowa department of public health for the purpose of licensure,
19certification or registration, disciplinary investigation, or
20the renewal of licensure, certification or registration, or
21disciplinary proceedings of health care professionals.
22 Sec. 746. Section 235A.15, subsection 2, paragraph e,
23subparagraphs (6), (8), and (12), Code 2023, are amended to
24read as follows:
25(6) To the attorney for the department of human services who
26is responsible for representing the department.
27(8) To an employee or agent of the department of human
28services regarding a person who is providing child care if the
29person is not registered or licensed to operate a child care
30facility.
31(12) To the department of human services for a record check
32relating to employment or residence pursuant to section 218.13.
33 Sec. 747. Section 235A.15, subsection 7, Code 2023, is
34amended to read as follows:
357. If the director of human services receives a written
-471-1request for information regarding a specific case of child
2abuse involving a fatality or near fatality to a child from the
3majority or minority leader of the senate or the speaker or the
4minority leader of the house of representatives, the director
5or the director’s designee shall arrange for a confidential
6meeting with the requestor or the requestor’s designee. In the
7confidential meeting the director or the director’s designee
8shall share all pertinent information concerning the case,
9including but not limited to child abuse information. Any
10written document distributed by the director or the director’s
11designee at the confidential meeting shall not be removed
12from the meeting and a participant in the meeting shall be
13subject to the restriction on redissemination of confidential
14information applicable to a person under section 235A.17,
15subsection 3, for confidential information disclosed to the
16participant at the meeting. A participant in the meeting
17may issue a report to the governor or make general public
18statements concerning the department’s handling of the case of
19child abuse.
20 Sec. 748. Section 235A.15, subsection 9, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22If, apart from a request made pursuant to subsection 7
23or 8, the department receives from a member of the public a
24request for information relating to a case of founded child
25abuse involving a fatality or near fatality to a child, the
26response to the request shall be made in accordance with this
27subsection and subsections 10 and 11. If the request is
28received before or during performance of an assessment of the
29case in accordance with section 232.71B, the director of human
30services or the director’s designee shall initially disclose
31whether or not the assessment will be or is being performed.
32Otherwise, within five business days of receiving the request
33or completing the assessment, whichever is later, the director
34of human services or the director’s designee shall consult
35with the county attorney responsible for prosecution of any
-472-1alleged perpetrator of the fatality or near fatality and shall
2disclose information, including but not limited to child abuse
3information, relating to the case, except for the following:
4 Sec. 749. Section 235A.15, subsection 10, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6The information released by the director of human services
7 or the director’s designee pursuant to a request made under
8subsection 9 relating to a case of founded child abuse
9involving a fatality or near fatality to a child shall include
10all of the following, unless such information is excepted from
11disclosure under subsection 9:
12 Sec. 750. Section 235A.15, subsection 11, paragraph b, Code
132023, is amended to read as follows:
14b. If release of social services information in addition to
15that released under subsection 10, paragraph “c”, is believed
16to be in the public’s interest and right to know, the director
17of human services or the director’s designee may apply to
18the court under section 235A.24 requesting a review of the
19information proposed for release and an order authorizing
20release of the information. A release of information that
21would otherwise be confidential under section 217.30 concerning
22social services provided to the child or the child’s family
23shall not include information concerning financial or medical
24assistance provided to the child or the child’s family.
25 Sec. 751. Section 235A.15, subsection 12, Code 2023, is
26amended to read as follows:
2712. If an individual who is the subject of a child abuse
28report listed in subsection 2, paragraph “a”, or another party
29involved in an assessment under section 232.71B releases
30in a public forum or to the media information concerning a
31case of child abuse including but not limited to child abuse
32information which would otherwise be confidential, the director
33of human services, or the director’s designee, may respond
34with relevant information concerning the case of child abuse
35that was the subject of the release. Prior to releasing the
-473-1response, the director or the director’s designee shall consult
2with the child’s parent or guardian, or the child’s guardian ad
3litem, and apply to the court under section 235A.24 requesting
4a review of the information proposed for release and an order
5authorizing release of the information.
6 Sec. 752. Section 235A.16, subsection 3, Code 2023, is
7amended to read as follows:
83. Subsections 1 and 2 do not apply to child abuse
9information that is disseminated to an employee of the
10department of human services, to a juvenile court, or to the
11attorney representing the department as authorized by section
12235A.15.
13 Sec. 753. Section 235A.17, subsection 2, Code 2023, is
14amended to read as follows:
152. The department of human services may notify orally the
16mandatory reporter in an individual child abuse case of the
17results of the case assessment and of the confidentiality
18provisions of sections 235A.15 and 235A.21. The department
19shall subsequently transmit a written notice to the mandatory
20reporter of the results and confidentiality provisions. If
21the report data and disposition data have been placed in the
22registry as founded child abuse pursuant to section 232.71D, a
23copy of the written notice shall be transmitted to the registry
24and shall be maintained by the registry as provided in section
25235A.18. Otherwise, a copy of the written notice shall be
26retained by the department with the case file.
27 Sec. 754. Section 235A.17, subsection 3, paragraph b,
28subparagraph (1), Code 2023, is amended to read as follows:
29(1) Department of human services information described in
30section 217.30, subsection 2.
31 Sec. 755. Section 235A.18, subsection 3, Code 2023, is
32amended to read as follows:
333. The department of human services shall adopt rules
34establishing the period of time child abuse information which
35is not maintained in the central registry is retained by the
-474-1department.
2 Sec. 756. Section 235A.22, Code 2023, is amended to read as
3follows:
4235A.22 Education program.
5The department of human services shall require an
6educational program for employees of the department with access
7to child abuse information on the proper use and control of
8child abuse information.
9 Sec. 757. Section 235A.23, subsection 1, Code 2023, is
10amended to read as follows:
111. The department of human services may compile statistics,
12conduct research, and issue reports on child abuse, provided
13identifying details of the subject of child abuse reports are
14deleted from any report issued.
15 Sec. 758. Section 235A.24, subsection 1, paragraph b, Code
162023, is amended to read as follows:
17b. The director of human services or the director’s
18designee may apply, if the conditions under section 235A.15,
19subsection 11 or 12, are met, to the court requesting a
20review of confidential information proposed for release and an
21order authorizing the release of information. A release of
22information that would otherwise be confidential under section
23217.30 concerning social services provided to the child or
24the child’s family shall not include information concerning
25financial or medical assistance provided to the child or the
26child’s family.
27 Sec. 759. Section 235B.1, subsection 4, Code 2023, is
28amended to read as follows:
294. a. The establishment of a dependent adult protective
30advisory council. The advisory council shall do all of the
31following:
32(1) Advise the director of human services, the director
33of the department on aging, the director of inspections and
34appeals, and the director of public health, the director of the
35department of corrections, and the director of human rights
-475-1 regarding dependent adult abuse.
2(2) Evaluate state law and rules and make recommendations
3to the general assembly and to executive branch departments
4regarding laws and rules concerning dependent adults.
5(3) Receive and review recommendations and complaints from
6the public, health care facilities, and health care programs
7concerning the dependent adult abuse services program.
8b. (1) The advisory council shall consist of twelve
9members. Eight members shall be appointed by and serve at
10the pleasure of the governor. Four of the members appointed
11shall be appointed on the basis of knowledge and skill related
12to expertise in the area of dependent adult abuse including
13professionals practicing in the disciplines of medicine, public
14health, mental health, long-term care, social work, law,
15and law enforcement. Two of the members appointed shall be
16members of the general public with an interest in the area of
17dependent adult abuse and two of the members appointed shall
18be members of the Iowa caregivers association. In addition,
19the membership of the council shall include the director or the
20director’s designee of the department of human services, the
21department on aging, the Iowa department of public health, and
22the department of inspections and appeals.
23(2) The members of the advisory council shall be appointed
24to terms of four years beginning May 1. Appointments shall
25comply with sections 69.16 and 69.16A. Vacancies shall be
26filled in the same manner as the original appointment.
27(3) Members shall receive actual expenses incurred while
28serving in their official capacity.
29(4) The advisory council shall select a chairperson,
30annually, from its membership.
31 Sec. 760. Section 235B.2, Code 2023, is amended to read as
32follows:
33235B.2 Definitions.
34As used in this chapter, unless the context otherwise
35requires:
-476- 11. “Caretaker” means a related or nonrelated person who
2has the responsibility for the protection, care, or custody of
3a dependent adult as a result of assuming the responsibility
4voluntarily, by contract, through employment, or by order of
5the court.
62. “Court” means the district court.
73. “Department” means the department of health and human
8services.
94. “Dependent adult” means a person eighteen years of age or
10older who is unable to protect the person’s own interests or
11unable to adequately perform or obtain services necessary to
12meet essential human needs, as a result of a physical or mental
13condition which requires assistance from another, or as defined
14by departmental rule.
155. a. “Dependent adult abuse” means:
16(1) Any of the following as a result of the willful or
17negligent acts or omissions of a caretaker:
18(a) Physical injury to, or injury which is at a variance
19with the history given of the injury, or unreasonable
20confinement, unreasonable punishment, or assault of a dependent
21adult.
22(b) The commission of a sexual offense under chapter 709 or
23section 726.2 with or against a dependent adult.
24(c) Exploitation of a dependent adult which means the act
25or process of taking unfair advantage of a dependent adult
26or the adult’s physical or financial resources, without the
27informed consent of the dependent adult, including theft, by
28the use of undue influence, harassment, duress, deception,
29false representation, or false pretenses.
30(d) The deprivation of the minimum food, shelter, clothing,
31supervision, physical or mental health care, or other care
32necessary to maintain a dependent adult’s life or health.
33(2) The deprivation of the minimum food, shelter, clothing,
34supervision, physical or mental health care, and other care
35necessary to maintain a dependent adult’s life or health as a
-477-1result of the acts or omissions of the dependent adult.
2(3) (a) Sexual exploitation of a dependent adult by a
3caretaker.
4(b) “Sexual exploitation” means any consensual or
5nonconsensual sexual conduct with a dependent adult which
6includes but is not limited to kissing; touching of the clothed
7or unclothed inner thigh, breast, groin, buttock, anus, pubes,
8or genitals; or a sex act, as defined in section 702.17.
9“Sexual exploitation” includes the transmission, display, taking
10of electronic images of the unclothed breast, groin, buttock,
11anus, pubes, or genitals of a dependent adult by a caretaker
12for a purpose not related to treatment or diagnosis or as
13part of an ongoing assessment, evaluation, or investigation.
14Sexual exploitation does not include touching which is part
15of a necessary examination, treatment, or care by a caretaker
16acting within the scope of the practice or employment of the
17caretaker; the exchange of a brief touch or hug between the
18dependent adult and a caretaker for the purpose of reassurance,
19comfort, or casual friendship; or touching between spouses.
20(4) (a) Personal degradation of a dependent adult by a
21caretaker.
22(b) (i) “Personal degradation” means a willful act or
23statement by a caretaker intended to shame, degrade, humiliate,
24or otherwise harm the personal dignity of a dependent adult, or
25where the caretaker knew or reasonably should have known the
26act or statement would cause shame, degradation, humiliation,
27or harm to the personal dignity of a reasonable person.
28“Personal degradation” includes the taking, transmission,
29or display of an electronic image of a dependent adult by a
30caretaker, where the caretaker’s actions constitute a willful
31act or statement intended to shame, degrade, humiliate, or
32otherwise harm the personal dignity of the dependent adult, or
33where the caretaker knew or reasonably should have known the
34act would cause shame, degradation, humiliation, or harm to the
35personal dignity of a reasonable person.
-478- 1(ii) “Personal degradation” does not include any of the
2following:
3(A) The taking, transmission, or display of an electronic
4image of a dependent adult for the purpose of reporting
5dependent adult abuse to law enforcement, the department,
6or any other regulatory agency that oversees caretakers or
7enforces abuse or neglect provisions, or for the purpose of
8treatment or diagnosis or as part of an ongoing investigation.
9(B) The taking, transmission, or display of an electronic
10image by a caretaker who takes, transmits, or displays the
11electronic image in accordance with the confidentiality policy
12and release of information or consent policies of a contractor,
13employer, or facility or program not covered under section
14235E.1, subsection 5, paragraph “a”, subparagraph (3).
15(C) A statement by a caretaker who is the spouse of a
16dependent adult that is not intended to shame, degrade,
17humiliate, or otherwise harm the personal dignity of the
18dependent adult spouse.
19b. “Dependent adult abuse” does not include any of the
20following:
21(1) Circumstances in which the dependent adult declines
22medical treatment if the dependent adult holds a belief or is
23an adherent of a religion whose tenets and practices call for
24reliance on spiritual means in place of reliance on medical
25treatment.
26(2) Circumstances in which the dependent adult’s caretaker,
27acting in accordance with the dependent adult’s stated or
28implied consent, declines medical treatment if the dependent
29adult holds a belief or is an adherent of a religion whose
30tenets and practices call for reliance on spiritual means in
31place of reliance on medical treatment.
32(3) The withholding or withdrawing of health care from
33a dependent adult who is terminally ill in the opinion of a
34licensed physician, when the withholding or withdrawing of
35health care is done at the request of the dependent adult or at
-479-1the request of the dependent adult’s next of kin, attorney in
2fact, or guardian pursuant to the applicable procedures under
3chapter 125, 144A, 144B, 222, 229, or 633.
46. “Director” means the director of health and human
5services.
67. “Emergency shelter services” means and includes, but is
7not limited to, secure crisis shelters or housing for victims
8of dependent adult abuse.
97. 8. “Family or household member” means a spouse, a person
10cohabiting with the dependent adult, a parent, or a person
11related to the dependent adult by consanguinity or affinity,
12but does not include children of the dependent adult who are
13less than eighteen years of age.
148. 9. “Immediate danger to health or safety” means a
15situation in which death or severe bodily injury could
16reasonably be expected to occur without intervention.
179. 10. “Individual employed as an outreach person” means a
18natural person who, in the course of employment, makes regular
19contacts with dependent adults regarding available community
20resources.
2110. 11. “Legal holiday” means a legal public holiday as
22defined in section 1C.1.
2311. 12. “Person” means person as defined in section 4.1.
2412. 13. “Recklessly” means that a person acts or fails to
25act with respect to a material element of a public offense,
26when the person is aware of and consciously disregards a
27substantial and unjustifiable risk that the material element
28exists or will result from the act or omission. The risk must
29be of such a nature and degree that disregard of the risk
30constitutes a gross deviation from the standard conduct that a
31reasonable person would observe in the situation.
3213. 14. “Serious injury” means the same as defined in
33section 702.18.
3414. 15. “Support services” includes but is not limited
35to community-based services including area agency on aging
-480-1assistance, mental health services, fiscal management, home
2health services, housing-related services, counseling services,
3transportation services, adult day services, respite services,
4legal services, and advocacy services.
5 Sec. 761. Section 235B.3, Code 2023, is amended to read as
6follows:
7235B.3 Dependent adult abuse reports.
81. a. (1) The department shall receive dependent adult
9abuse reports and shall collect, maintain, and disseminate the
10reports by establishing a central registry for dependent adult
11abuse information. The department shall evaluate the reports
12expeditiously.
13(2) However, the department of inspections and appeals
14is solely responsible for the evaluation and disposition of
15dependent adult abuse cases within facilities and programs
16pursuant to chapter 235E and shall inform the department of
17human services of such evaluations and dispositions pursuant
18to section 235E.2.
19(3) If, in the course of an assessment or evaluation
20of a report of dependent adult abuse, the department of
21human services or the department of inspections and appeals
22determines the case involves wages, workplace safety, or other
23labor and employment matters under the jurisdiction of the
24division of labor services of the department of workforce
25development, the relevant portions of the case shall be
26referred to the division.
27(4) If, in the course of an assessment or evaluation
28of a report of dependent adult abuse, the department of
29human services or the department of inspections and appeals
30determines that the case involves discrimination under the
31jurisdiction of the civil rights commission, the relevant
32portions of the case shall be referred to the commission.
33b. Reports of dependent adult abuse which is the result
34of the acts or omissions of the dependent adult shall be
35collected and maintained in the files of the dependent adult
-481-1as assessments only and shall not be included in the central
2registry.
3c. A report of dependent adult abuse that meets the
4definition of dependent adult abuse under section 235B.2,
5subsection 5, paragraph “a”, subparagraph (1), subparagraph
6division (a) or (d), or section 235B.2, subsection 5, paragraph
7“a”, subparagraph (4), which the department determines is
8minor, isolated, and unlikely to reoccur shall be collected
9and maintained by the department as an assessment only for
10a five-year period and shall not be included in the central
11registry and shall not be considered to be founded dependent
12adult abuse. However, a subsequent report of dependent adult
13abuse that meets the definition of dependent adult abuse under
14section 235B.2, subsection 5, paragraph “a”, subparagraph
15(1), subparagraph division (a) or (d), or section 235B.2,
16subsection 5, paragraph “a”, subparagraph (4), that occurs
17within the five-year period and that is committed by the
18caretaker responsible for the act or omission which was the
19subject of the previous report of dependent adult abuse which
20the department determined was minor, isolated, and unlikely to
21reoccur shall not be considered minor, isolated, and unlikely
22to reoccur.
232. A person who, in the course of employment, examines,
24attends, counsels, or treats a dependent adult and reasonably
25believes the dependent adult has suffered abuse, shall report
26the suspected dependent adult abuse to the department. Persons
27required to report include all of the following:
28a. A member of the staff of a community mental health
29center.
30b. A peace officer.
31c. An in-home homemaker-home health aide.
32d. An individual employed as an outreach person.
33e. A health practitioner, as defined in section 232.68.
34f. A member of the staff or an employee of a supported
35community living service, sheltered workshop, or work activity
-482-1center.
2g. A social worker.
3h. A certified psychologist.
4i. A massage therapist licensed pursuant to chapter 152C.
53. a. If a staff member or employee is required to report
6pursuant to this section, the person shall immediately notify
7the department and shall also immediately notify the person in
8charge or the person’s designated agent.
9b. The employer or supervisor of a person who is required to
10or may make a report pursuant to this section shall not apply a
11policy, work rule, or other requirement that interferes with
12the person making a report of dependent adult abuse or that
13results in the failure of another person to make the report.
144. An employee of a financial institution may report
15suspected financial exploitation of a dependent adult to the
16department.
175. Any other person who believes that a dependent adult has
18suffered abuse may report the suspected abuse to the department
19of human services.
206. Following the reporting of suspected dependent adult
21abuse, the department of human services or an agency approved
22by the department shall complete an assessment of necessary
23services and shall make appropriate referrals for receipt of
24these services. The assessment shall include interviews with
25the dependent adult, and, if appropriate, with the alleged
26perpetrator of the dependent adult abuse and with any person
27believed to have knowledge of the circumstances of the case.
28The department may provide necessary protective services and
29may establish a sliding fee schedule for those persons able to
30pay a portion of the protective services.
317. Upon a showing of probable cause that a dependent
32adult has been abused, a court may authorize a person, also
33authorized by the department, to make an evaluation, to enter
34the residence of, and to examine the dependent adult. Upon
35a showing of probable cause that a dependent adult has been
-483-1financially exploited, a court may authorize a person, also
2authorized by the department, to make an evaluation, and to
3gain access to the financial records of the dependent adult.
48. If the department determines that disclosure is
5necessary for the protection of a dependent adult, the
6department may disclose to a subject of a dependent adult abuse
7report referred to in section 235B.6, subsection 2, paragraph
8“a”, that an individual is listed in the child or dependent
9adult abuse registry or is required to register with the sex
10offender registry in accordance with chapter 692A.
119. If, in the course of assessment, evaluation, or
12investigation of a report of dependent adult abuse, the
13department determines that disclosure is necessary for the
14protection of a dependent adult’s resources, the department
15may disclose the initiation and status of the dependent
16adult abuse evaluation to the dependent adult’s bank, savings
17association, credit union, broker-dealer as defined in section
18502.102, subsection 4, investment advisor as defined in section
19502.102, subsection 15, financial advisor, or other financial
20institution, or the administrator as defined in section
21502.102, subsection 1.
2210. The department shall inform the appropriate county
23attorneys of any reports of dependent adult abuse. The
24department may request information from any person believed
25to have knowledge of a case of dependent adult abuse. The
26person, including but not limited to a county attorney, a law
27enforcement agency, a multidisciplinary team, a social services
28agency in the state, or any person who is required pursuant
29to subsection 2 to report dependent adult abuse, whether or
30not the person made the specific dependent adult abuse report,
31shall cooperate and assist in the evaluation upon the request
32of the department. If the department’s assessment reveals
33that dependent adult abuse exists which might constitute a
34criminal offense, a report shall be made to the appropriate
35law enforcement agency. County attorneys and appropriate law
-484-1enforcement agencies shall also take any other lawful action
2necessary or advisable for the protection of the dependent
3adult.
4a. If, upon completion of the evaluation or upon referral
5from the department of inspections and appeals, the department
6determines that the best interests of the dependent adult
7require court action, the department shall initiate action for
8the appointment of a guardian or conservator or for admission
9or commitment to an appropriate institution or facility
10pursuant to the applicable procedures under chapter 125, 222,
11229, or 633, or shall pursue other remedies provided by law.
12The appropriate county attorney shall assist the department in
13the preparation of the necessary papers to initiate the action
14and shall appear and represent the department at all district
15court proceedings.
16b. The department shall assist the court during all stages
17of court proceedings involving a suspected case of dependent
18adult abuse.
19c. In every case involving abuse which is substantiated
20by the department and which results in a judicial proceeding
21on behalf of the dependent adult, legal counsel shall be
22appointed by the court to represent the dependent adult in
23the proceedings. The court may also appoint a guardian ad
24litem to represent the dependent adult if necessary to protect
25the dependent adult’s best interests. The same attorney may
26be appointed to serve both as legal counsel and as guardian
27ad litem. Before legal counsel or a guardian ad litem is
28appointed pursuant to this section, the court shall require
29the dependent adult and any person legally responsible for
30the support of the dependent adult to complete under oath
31a detailed financial statement. If, on the basis of that
32financial statement, the court deems that the dependent adult
33or the legally responsible person is able to bear all or a
34portion of the cost of the legal counsel or guardian ad litem,
35the court shall so order. In cases where the dependent adult
-485-1or the legally responsible person is unable to bear the cost
2of the legal counsel or guardian ad litem, the expense shall
3be paid by the county.
411. A person participating in good faith in reporting or
5cooperating with or assisting the department in evaluating a
6case of dependent adult abuse has immunity from liability,
7civil or criminal, which might otherwise be incurred or
8imposed based upon the act of making the report or giving the
9assistance. The person has the same immunity with respect to
10participating in good faith in a judicial proceeding resulting
11from the report or cooperation or assistance or relating to the
12subject matter of the report, cooperation, or assistance.
1312. It shall be unlawful for any person or employer
14to discharge, suspend, or otherwise discipline a person
15required to report or voluntarily reporting an instance of
16suspected dependent adult abuse pursuant to subsection 2 or
175, or cooperating with, or assisting the department of human
18services in evaluating a case of dependent adult abuse, or
19participating in judicial proceedings relating to the reporting
20or cooperation or assistance based solely upon the person’s
21reporting or assistance relative to the instance of dependent
22adult abuse. A person or employer found in violation of this
23subsection is guilty of a simple misdemeanor.
2413. A person required by this section to report a suspected
25case of dependent adult abuse who knowingly and willfully fails
26to do so commits a simple misdemeanor. A person required by
27this section to report a suspected case of dependent adult
28abuse who knowingly fails to do so or who knowingly, in
29violation of subsection 3, interferes with the making of such a
30report or applies a requirement that results in such a failure
31is civilly liable for the damages proximately caused by the
32failure.
3314. The department of inspections and appeals shall adopt
34rules which require facilities or programs to separate an
35alleged dependent adult abuser from a victim following an
-486-1allegation of perpetration of abuse and prior to the completion
2of an investigation of the allegation.
3 Sec. 762. Section 235B.5, Code 2023, is amended to read as
4follows:
5235B.5 Creation and maintenance of a central registry.
61. There is created within the department a central registry
7for dependent adult abuse information. The department shall
8organize and staff the registry and adopt rules for its
9operation.
102. The registry shall collect, maintain, and disseminate
11dependent adult abuse information as provided in this chapter.
123. The department shall maintain a toll-free telephone
13line, which shall be available on a twenty-four-hour-a-day,
14seven-day-a-week basis and which the department and all other
15persons may use to report cases of suspected dependent adult
16abuse and that all persons authorized by this chapter may use
17for obtaining dependent adult abuse information.
184. An oral report of suspected dependent adult abuse
19initially made to the central registry shall be immediately
20transmitted by the department to the appropriate county
21department of human services or law enforcement agency, or
22both.
235. An oral report of suspected dependent adult abuse
24initially made to the central registry regarding a facility or
25program as defined in section 235E.1 shall be transmitted by
26the department to the department of inspections and appeals on
27the first working day following the submitting of the report.
286. The registry, upon receipt of a report of suspected
29dependent adult abuse, shall search the records of the
30registry, and if the records of the registry reveal any
31previous report of dependent adult abuse involving the same
32adult or if the records reveal any other pertinent information
33with respect to the same adult, the appropriate office of the
34 department of human services or the appropriate law enforcement
35agency shall be immediately notified of that fact.
-487- 17. The central registry shall include but not be limited to
2report data, investigation data, and disposition data.
3 Sec. 763. Section 235B.6, Code 2023, is amended to read as
4follows:
5235B.6 Authorized access.
61. Notwithstanding chapter 22, the confidentiality of all
7dependent adult abuse information shall be maintained, except
8as specifically provided by subsections 2 and 3.
92. Access to dependent adult abuse information other than
10unfounded dependent adult abuse information is authorized only
11to the following persons:
12a. A subject of a report including all of the following:
13(1) To an adult named in a report as a victim of abuse or to
14the adult’s attorney or guardian ad litem.
15(2) To a guardian or legal custodian, or that person’s
16attorney, of an adult named in a report as a victim of abuse.
17(3) To the person or the attorney for the person named in a
18report as having abused an adult.
19b. A person involved in an investigation of dependent adult
20abuse including all of the following:
21(1) A health practitioner or mental health professional
22who is examining, attending, or treating an adult whom such
23practitioner or professional believes or has reason to believe
24has been the victim of abuse or to a health practitioner or
25mental health professional whose consultation with respect to
26an adult believed to have been the victim of abuse is requested
27by the department.
28(2) An employee or agent of the department responsible for
29the investigation of a dependent adult abuse report or for the
30purpose of performing record checks as required under section
31135C.33.
32(3) A representative of the department involved in the
33certification or accreditation of an agency or program
34providing care or services to a dependent adult believed to
35have been a victim of abuse.
-488- 1(4) A law enforcement officer responsible for assisting in
2an investigation of a dependent adult abuse allegation.
3(5) A multidisciplinary team, if the department of human
4services approves the composition of the multidisciplinary team
5and determines that access to the team is necessary to assist
6the department in the investigation, diagnosis, assessment, and
7disposition of a case of dependent adult abuse.
8(6) The mandatory reporter who reported the dependent adult
9abuse in an individual case.
10(7) Each board specified under chapter 147 and the Iowa
11 department of public health for the purpose of licensure,
12certification or registration, disciplinary investigation, or
13the renewal of licensure, certification or registration, or
14disciplinary proceedings of health care professionals.
15c. A person providing care to an adult including all of the
16following:
17(1) A licensing authority for a facility, including a
18facility or program defined in section 235E.1, providing care
19to an adult named in a report.
20(2) A person authorized as responsible for the care or
21supervision of an adult named in a report as a victim of abuse
22or a person named in a report as having abused an adult if
23the court or registry deems access to dependent adult abuse
24information by such person to be necessary.
25(3) An employee or agent of the department responsible
26for registering or licensing or approving the registration or
27licensing of a person, or to an individual providing care to an
28adult and regulated by the department.
29(4) The legally authorized protection and advocacy agency
30recognized pursuant to section 135C.2 if a person identified in
31the information as a victim or a perpetrator of abuse resided
32in or receives services from a facility, including a facility
33or program defined in section 235E.1, or agency because the
34person is diagnosed as having a developmental disability or a
35mental illness.
-489- 1(5) To an administrator of an agency certified by the
2department of human services to provide services under a
3medical assistance home and community-based services waiver,
4if the information concerns a person employed by or being
5considered by the agency for employment.
6(6) To the administrator of an agency providing mental
7health, intellectual disability, or developmental disability
8services under a regional service system management plan
9implemented in accordance with section 331.393, if the
10information concerns a person employed by or being considered
11by the agency for employment.
12(7) To an administrator of a hospital licensed under chapter
13135B if the data concerns a person employed or being considered
14for employment by the hospital.
15(8) An employee of an agency requested by the department
16to provide case management or other services to the dependent
17adult.
18d. Relating to judicial and administrative proceedings,
19persons including all of the following:
20(1) A court upon a finding that information is necessary
21for the resolution of an issue arising in any phase of a case
22involving dependent adult abuse.
23(2) A court or agency hearing an appeal for correction
24of dependent adult abuse information as provided in section
25235B.10.
26(3) An expert witness or a witness who testifies at any
27stage of an appeal necessary for correction of dependent adult
28abuse information as provided in section 235B.10.
29(4) A court or administrative agency making a determination
30regarding an unemployment compensation claim pursuant to
31section 96.6.
32(5) To a juvenile court involved in an adjudication or
33disposition of a child that is the subject of a guardianship
34proceeding under chapter 232D.
35(6) To a district court upon a finding that data is
-490-1necessary for the resolution of an issue arising in any phase
2of a case involving proceedings for a child guardianship under
3chapter 232D.
4e. Other persons including all of the following:
5(1) A person conducting bona fide research on dependent
6adult abuse, but without information identifying individuals
7named in a dependent adult abuse report, unless having that
8information open to review is essential to the research or
9evaluation and the authorized registry officials give prior
10written approval and the adult, the adult’s guardian or
11guardian ad litem, and the person named in a report as having
12abused an adult give permission to release the information.
13(2) Registry or department personnel when necessary to the
14performance of their official duties or a person or agency
15under contract with the department to carry out official duties
16and functions of the registry.
17(3) The department of justice for the sole purpose of the
18filing of a claim for reparation pursuant to sections 915.21
19and 915.84.
20(4) A legally constituted adult protection agency of
21another state which is investigating or treating an adult named
22in a report as having been abused.
23(5) The office of the attorney general.
24(6) A health care facility administrator or the
25administrator’s designee, following the appeals process, for
26the purpose of hiring staff or continued employment of staff.
27(7) To the administrator of an agency providing care to a
28dependent adult in another state, for the purpose of performing
29an employment background check.
30(8) To the superintendent, or the superintendent’s
31designee, of a school district or to the authorities in charge
32of an accredited nonpublic school for purposes of a volunteer
33or employment record check.
34(9) The department of inspections and appeals for purposes
35of record checks of applicants for employment with the
-491-1department of inspections and appeals.
2(10) The state or a local long-term care ombudsman if the
3victim resides in or the alleged perpetrator is an employee of
4a long-term care facility as defined in section 231.4.
5(11) The state office or local office of public guardian as
6defined in section 231E.3, if the information relates to the
7provision of legal services for a client served by the state or
8local office of public guardian.
9(12) A nursing program that is approved by the state board
10of nursing under section 152.5, if the information relates to a
11record check performed pursuant to section 152.5A.
12(13) To the board of educational examiners created under
13chapter 272 for purposes of determining whether a license,
14certificate, or authorization should be issued, denied, or
15revoked.
16(14) The department on aging for the purposes of conducting
17background checks of applicants for employment with the
18department on aging.
19(15) To the Iowa veterans home for purposes of record checks
20of potential volunteers and volunteers in the Iowa veterans
21home.
22(16) To the administrator of a certified nurse aide program,
23if the data relates to a record check of a student of the
24program performed pursuant to section 135C.33.
25(17) To the administrator of a juvenile detention or shelter
26care home, if the data relates to a record check of an existing
27or prospective employee, resident, or volunteer for or in the
28home.
29(18) To the employer or prospective employer of a school bus
30driver for purposes of an employment record check.
31(19) To a free clinic as defined in section 135.24A for
32purposes of record checks of potential volunteers and existing
33volunteers at the free clinic.
34(20) To a bank, savings association, credit union,
35broker-dealer as defined in section 502.102, subsection 4,
-492-1investment advisor as defined in section 502.102, subsection
215, financial advisor, or other financial institution as deemed
3necessary by the department to protect the dependent adult’s
4resources.
5(21) To the social security administration.
6(22) To the administrator as defined in section 502.102,
7subsection 1.
8f. To a person who submits written authorization from
9an individual allowing the person access to information on
10the determination only on whether or not the individual who
11authorized the access is named in a founded dependent adult
12abuse report as having abused a dependent adult.
133. Access to unfounded dependent adult abuse information is
14authorized only to those persons identified in subsection 2,
15paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6),
16and paragraph “e”, subparagraphs (2), (5), (10), (20), (21), and
17(22).
18 Sec. 764. Section 235B.16, Code 2023, is amended to read as
19follows:
20235B.16 Information, education, and training requirements.
211. The department on aging, in cooperation with the
22department, shall conduct a public information and education
23program. The elements and goals of the program include but are
24not limited to:
25a. Informing the public regarding the laws governing
26dependent adult abuse and the reporting requirements for
27dependent adult abuse.
28b. Providing caretakers with information regarding services
29to alleviate the emotional, psychological, physical, or
30financial stress associated with the caretaker and dependent
31adult relationship.
32c. Affecting public attitudes regarding the role of a
33dependent adult in society.
342. The department, in cooperation with the department on
35aging and the department of inspections and appeals, shall
-493-1institute a program of education and training for persons,
2including members of provider groups and family members, who
3may come in contact with dependent adult abuse. The program
4shall include but is not limited to instruction regarding
5recognition of dependent adult abuse and the procedure for the
6reporting of suspected abuse.
73. The content of the continuing education required
8pursuant to chapter 272C for a licensed professional providing
9care or service to a dependent adult shall include, but is
10not limited to, the responsibilities, obligations, powers,
11and duties of a person regarding the reporting of suspected
12dependent adult abuse, and training to aid the professional in
13identifying instances of dependent adult abuse.
144. The department of inspections and appeals shall provide
15training to investigators regarding the collection and
16preservation of evidence in the case of suspected dependent
17adult abuse.
185. a. For the purposes of this subsection, “licensing
19board” means a board designated in section 147.13, the board of
20educational examiners created in section 272.2, or a licensing
21board as defined in section 272C.1.
22b. A person required to report cases of dependent adult
23abuse pursuant to sections 235B.3 and 235E.2, other than a
24physician whose professional practice does not regularly
25involve providing primary health care to adults, shall
26complete two hours of training relating to the identification
27and reporting of dependent adult abuse within six months of
28initial employment or self-employment which involves the
29examination, attending, counseling, or treatment of adults
30on a regular basis. Within one month of initial employment
31or self-employment, the person shall obtain a statement of
32the abuse reporting requirements from the person’s employer
33or, if self-employed, from the department. The person shall
34complete at least two hours of additional dependent adult abuse
35identification and reporting training every three years. If
-494-1the person completes at least one hour of additional dependent
2adult abuse identification and reporting training prior to the
3three-year expiration period, the person shall be deemed in
4compliance with the training requirements of this section for
5an additional three years.
6c. The core training curriculum relating to the
7identification and reporting of dependent adult abuse, as
8provided in paragraph “b”, shall be developed by the department
9pursuant to subsection 2 and provided by the department.
10d. An employer of a person required to report cases
11of dependent adult abuse pursuant to sections 235B.3 and
12235E.2 may provide supplemental training, specific to the
13identification and reporting of dependent adult abuse as it
14relates to the person’s professional practice, in addition to
15the core training provided by the department.
16e. A licensing board with authority over the license of
17a person required to report cases of dependent adult abuse
18pursuant to sections 235B.3 and 235E.2 shall require as a
19condition of licensure that the person is in compliance with
20the requirements for abuse training under this subsection.
21The licensing board shall require the person upon licensure
22renewal to accurately document for the licensing board the
23person’s completion of the training requirements. However,
24the licensing board may adopt rules providing for waiver or
25suspension of the compliance requirements, if the waiver or
26suspension is in the public interest, applicable to a person
27who is engaged in active duty in the military service of this
28state or of the United States, to a person for whom compliance
29with the training requirements would impose a significant
30hardship, or to a person who is practicing a licensed
31profession outside this state or is otherwise subject to
32circumstances that would preclude the person from encountering
33dependent adult abuse in this state.
34f. For persons required to report cases of dependent
35adult abuse pursuant to sections 235B.3 and 235E.2, who are
-495-1not engaged in a licensed profession that is subject to the
2authority of a licensing board but are employed by a facility
3or program subject to licensure, registration, or approval by a
4state agency, the agency shall require as a condition of the
5renewal of the facility’s or program’s licensure, registration,
6or approval, that such persons employed by the facility or
7program are in compliance with the training requirements of
8this subsection.
9g. For peace officers, the elected or appointed official
10designated as the head of the agency employing the peace
11officer shall ensure compliance with the training requirements
12of this subsection.
13h. For persons required to report cases of dependent adult
14abuse pursuant to sections 235B.3 and 235E.2 who are employees
15of state departments and political subdivisions of the state,
16the department director or the chief administrator of the
17political subdivision shall ensure the persons’ compliance with
18the training requirements of this subsection.
196. The department shall require an educational program for
20employees of the registry on the proper use and control of
21dependent adult abuse information.
22 Sec. 765. Section 235B.16A, Code 2023, is amended to read
23as follows:
24235B.16A Dependent adults — dependency assessments —
25interagency training.
261. The dependent adult protective advisory council
27established pursuant to section 235B.1 shall recommend a
28uniform assessment instrument and process for adoption and use
29by the department of human services and other agencies involved
30with assessing a dependent adult’s degree of dependency
31and determining whether dependent adult abuse has occurred.
32However, this section shall not apply to dependent adult abuse
33assessments and determinations made under chapter 235E.
342. The instrument and process design under subsection 1
35shall address but is not limited to all of the following:
-496- 1a. Evaluation of conformity with applicable federal law and
2regulations on the part of the persons employing, housing, or
3providing services to the dependent adult.
4b. Provision for the final step in the dependency assessment
5of a dependent adult to be a formal assessment of the existence
6of risk to the health or safety of the individual or of the
7degree of the individual’s impairment in ability under the
8definition of dependent adult in section 235B.2.
9c. If the assessment under paragraph “b” determines that a
10risk to the health or safety of the individual exists or the
11individual has a significant impairment in ability, and the
12individual being assessed agrees, provision for a case manager
13to be assigned to assist in preparing and implementing a safety
14plan which includes protective services for the individual.
15d. If the assessment under paragraph “b” determines that
16a risk to the health or safety of the individual exists or
17the individual has a significant impairment in ability, the
18individual being assessed does not agree to the safety plan
19provisions under paragraph “c” or accept other services, and
20the options available under sections 235B.17, 235B.18, and
21235B.19 are not utilized, provision for the department of human
22services to maintain periodic contact with the individual in
23accordance with rules adopted for this purpose. The purpose
24of the contact is to assess any increased risk or impairment
25and to monitor the individual’s goals, feelings, and concerns
26so that the department can intervene when necessary or
27offer services and other support to maintain or sustain the
28individual’s safety and independence when the individual is
29ready to agree to a safety plan or accept services.
303. The department of human services and other agencies
31involved with assessing a dependent adult’s degree of
32dependency and whether dependent adult abuse has occurred shall
33adopt rules and take other steps necessary to implement the
34uniform assessment instrument and process addressed by this
35section on or before July 1, 2010.
-497- 14. The department of human services shall cooperate with
2the department on aging, the departments of inspections
3and appeals, public health, public safety, and workforce
4development, the civil rights commission, and other state and
5local agencies performing inspections or otherwise visiting
6residential settings where dependent adults live, to regularly
7provide training to the appropriate staff in the agencies
8concerning each agency’s procedures involving dependent
9adults, and to build awareness concerning dependent adults and
10reporting of dependent adult abuse.
11 Sec. 766. Section 235E.2, subsection 1, paragraphs a and c,
12Code 2023, are amended to read as follows:
13a. The department shall receive and evaluate reports
14of dependent adult abuse in facilities and programs. The
15department shall inform the department of health and human
16services of such evaluations and dispositions and those
17individuals who should be placed on the central registry for
18dependent adult abuse pursuant to section 235E.7. If the
19department believes the situation involves an immediate danger
20to the public health, safety, or welfare requiring immediate
21agency action to seek emergency placement on the central
22registry, the department may utilize emergency adjudicative
23proceedings pursuant to section 17A.18A.
24c. A report of dependent adult abuse that meets the
25definition of dependent adult abuse under section 235E.1,
26subsection 5, paragraph “a”, subparagraph (1), subparagraph
27division (a) or (d), or section 235E.1, subsection 5, paragraph
28“a”, subparagraph (3), which the department determines is
29minor, isolated, and unlikely to reoccur shall be collected
30and maintained by the department of health and human services
31as an assessment only for a five-year period and shall not be
32included in the central registry and shall not be considered
33to be founded dependent adult abuse. A subsequent report of
34dependent adult abuse that meets the definition of dependent
35adult abuse under section 235E.1, subsection 5, paragraph “a”,
-498-1subparagraph (1), subparagraph division (a) or (d), or section
2235E.1, subsection 5, paragraph “a”, subparagraph (3), that
3occurs within the five-year period, and that is committed by
4the caretaker responsible for the act or omission which was the
5subject of the previous report of dependent adult abuse which
6the department determined was minor, isolated, and unlikely to
7reoccur, may be considered minor, isolated, and unlikely to
8reoccur depending on the circumstances of the report.
9 Sec. 767. Section 235E.2, subsection 5, Code 2023, is
10amended to read as follows:
115. Any other person who believes that a dependent adult
12has suffered dependent adult abuse may report the suspected
13dependent adult abuse to the department of inspections and
14appeals. The department of inspections and appeals shall
15transfer any reports received of dependent adult abuse in the
16community to the department of health and human services. The
17department of health and human services shall transfer any
18reports received of dependent adult abuse in facilities or
19programs to the department of inspections and appeals.
20 Sec. 768. Section 235E.2, subsection 6, paragraph a, Code
212023, is amended to read as follows:
22a. If, upon completion of an investigation, the department
23determines that the best interests of the dependent adult
24require court action, the department shall notify the
25department of health and human services of the potential need
26for a guardian or conservator or for admission or commitment
27to an appropriate institution or facility pursuant to the
28applicable procedures under chapter 125, 222, 229, or 633, or
29shall pursue other remedies provided by law. The appropriate
30county attorney shall assist the department of health and human
31services in the preparation of the necessary papers to initiate
32the action and shall appear and represent the department of
33health and human services at all district court proceedings.
34 Sec. 769. Section 235F.6, subsection 4, Code 2023, is
35amended to read as follows:
-499- 14. The court may approve a consent agreement between the
2parties entered into to bring about the cessation of elder
3abuse. A consent agreement approved under this section shall
4not contain any of the following:
5a. A provision that prohibits any party to the action
6from contacting or cooperating with any government agency
7including the department of health and human services, the
8department of inspections and appeals, the department on aging,
9 the department of justice, law enforcement, and the office of
10long-term care ombudsman; a licensing or regulatory agency
11that has jurisdiction over any license or certification held
12by the defendant; a protection and advocacy agency recognized
13in section 135C.2; or the defendant’s current employer if the
14defendant’s professional responsibilities include contact with
15vulnerable elders, dependent adults, or minors, if the party
16contacting or cooperating has a good-faith belief that the
17information is relevant to the duties or responsibilities of
18the entity.
19b. A provision that prohibits any party to the action from
20filing a complaint with or reporting a violation of law to
21any government agency including the department of health and
22 human services, the department of inspections and appeals,
23the department on aging, the department of justice, law
24enforcement, and the office of long-term care ombudsman; a
25licensing or regulatory agency that has jurisdiction over any
26license or certification held by the defendant; a protection
27and advocacy agency recognized in section 135C.2; or the
28defendant’s current employer.
29c. A provision that requires any party to the action to
30withdraw a complaint filed with or a violation reported to
31any government agency including the department of health and
32 human services, the department of inspections and appeals,
33the department on aging, the department of justice, law
34enforcement, and the office of long-term care ombudsman; a
35licensing or regulatory agency that has jurisdiction over any
-500-1license or certification held by the defendant; a protection
2and advocacy agency recognized in section 135C.2; or the
3defendant’s current employer.
4 Sec. 770. Section 237.1, Code 2023, is amended to read as
5follows:
6237.1 Definitions.
7As used in this chapter:
81. “Administrator” means the administrator of that division
9of the department designated by the director of human services
10to administer this chapter or the administrator’s designee.
112. 1. “Agency” means a person, as defined in section 4.1,
12subsection 20, which provides child foster care and which does
13not meet the definition of an individual in subsection 7 as
14defined under this section.
153. 2. “Child” means child as defined in section 234.1,
16subsection 2.
174. 3. “Child foster care” means the provision of parental
18nurturing, including but not limited to the furnishing of
19food, lodging, training, education, supervision, treatment,
20or other care, to a child on a full-time basis by a person,
21including a relative of the child if the relative is licensed
22under this chapter, but not including a guardian of the child.
23“Child foster care” does not include any of the following care
24situations:
25a. Care furnished by an individual person who receives the
26child of a personal friend as an occasional and personal guest
27in the individual person’s home, free of charge and not as a
28business.
29b. Care furnished by an individual person with whom a child
30has been placed for lawful adoption, unless that adoption is
31not completed within two years after placement.
32c. Care furnished by a private boarding school subject to
33approval by the state board of education pursuant to section
34256.11.
35d. Child care furnished by a child care center, a child
-501-1development home, or a child care home as defined in section
2237A.1.
3e. Care furnished in a hospital licensed under chapter 135B
4or care furnished in a nursing facility licensed under chapter
5135C.
6f. Care furnished by a relative of a child or an individual
7person with a meaningful relationship with the child where the
8child is not under the placement, care, or supervision of the
9department.
104. “Council” means the council on health and human services.
115. “Department” means the department of health and human
12services.
136. “Director” means the director of health and human
14services.
157. “Facility” means the personnel, program, physical plant,
16and equipment of a licensee.
177. 8. “Individual” means an individual person or a married
18couple who provides child foster care in a single-family home
19environment and which does not meet the definition of an agency
20in subsection 2 under this section.
218. 9. “Licensee” means an individual or an agency licensed
22by the administrator under this chapter.
239. 10. “Reasonable and prudent parent standard” means
24the standard characterized by careful and sensible parenting
25decisions that maintain the health, safety, and best interests
26of a child, while at the same time encouraging the emotional
27and developmental growth of a child, that a caregiver shall
28use when determining whether to allow a child in foster care
29under the placement, care, or supervision of the department to
30participate in extracurricular, enrichment, cultural, or social
31activities. For the purposes of this subsection, “caregiver”
32means an individual or an agency licensed under this chapter
33with which a child in foster care has been placed or a juvenile
34shelter care home approved under chapter 232 in which a child
35in foster care has been placed.
-502-1 Sec. 771. Section 237.3, Code 2023, is amended to read as
2follows:
3237.3 Rules.
41. Except as otherwise provided by subsections 3 and 4,
5the administrator department shall promulgate, after their
6adoption by the council on human services, and enforce in
7accordance with chapter 17A, administrative rules necessary
8to implement this chapter. Formulation of the rules shall
9include consultation with representatives of child foster care
10providers, and other persons affected by this chapter. The
11rules shall encourage the provision of child foster care in a
12single-family, home environment, exempting the single-family,
13home facility from inappropriate rules.
142. Rules applicable to licensees shall include but are not
15limited to:
16a. Types of facilities which include but are not limited to
17group foster care facilities and family foster care homes.
18b. The number, qualifications, character, and parenting
19ability of personnel necessary to assure the health, safety and
20welfare of children receiving child foster care.
21c. Programs for education and in-service training of
22personnel.
23d. The physical environment of a facility.
24e. Policies for intake, assessment, admission and discharge.
25f. Housing, health, safety, and medical care policies
26for children receiving child foster care. The medical care
27policies shall include but are not limited to all of the
28following:
29(1) Provision by the department to the foster care provider
30at or before the time of a child’s placement of the child’s
31health records and any other information possessed or known
32about the health of the child or about a member of the child’s
33family that pertains to the child’s health.
34(2) If the health records supplied in accordance with
35the child’s case permanency plan to the foster care provider
-503-1are incomplete or the provider requests specific health
2information, provision for obtaining additional health
3information from the child’s parent or other source and
4supplying the additional information to the foster care
5provider.
6(3) Provision for emergency health coverage of the child
7while the child is engaged in temporary out-of-state travel
8with the child’s foster family.
9g. (1) The adequacy of programs available to children
10receiving child foster care provided by agencies, including but
11not limited to:
12(a) Dietary services.
13(b) Social services.
14(c) Activity programs.
15(d) Behavior management procedures.
16(e) Educational programs, including special education
17as defined in section 256B.2, subsection 1, paragraph “b”,
18where appropriate, which are approved by the state board of
19education.
20(2) The department shall not promulgate rules which
21regulate individual licensees in the subject areas enumerated
22in this paragraph “g”.
23h. Policies for involvement of biological parents.
24i. Records a licensee is required to keep, and reports a
25licensee is required to make to the administrator department.
26j. Prior to the licensing of an individual as a foster
27family home, a required, written social assessment of the
28quality of the living situation in the home of the individual,
29and a required compilation of personal references for the
30individual other than those references given by the individual.
31k. Elements of a foster care placement agreement outlining
32rights and responsibilities associated with an individual
33providing family foster care. The rights and responsibilities
34shall include but are not limited to all of the following:
35(1) Receiving information prior to the child’s placement
-504-1regarding risk factors concerning the child that are known to
2the department, including but not limited to notice if the
3child is required to register under chapter 692A.
4(2) Having regularly scheduled meetings with each case
5manager assigned to the child.
6(3) Receiving access to any reports prepared by a service
7provider who is working with the child unless the access is
8prohibited by state or federal law.
93. Rules governing fire safety in facilities with child
10foster care provided by agencies shall be promulgated by the
11state fire marshal pursuant to section 100.1, subsection 5,
12 after consultation with the administrator director.
134. Rules governing sanitation, water and waste disposal
14standards for facilities shall be promulgated by the Iowa
15 department of public health pursuant to section 135.11,
16subsection 12, after consultation with the administrator
17 director.
185. In case of a conflict between rules promulgated pursuant
19to subsections 3 and 4 and local rules, the more stringent
20requirement applies.
216. Rules of the department shall not prohibit the licensing,
22as foster family homes, of individuals who are departmental
23employees not directly engaged in the administration of the
24child foster care program pursuant to this chapter.
257. If an agency is accredited by the joint commission
26on the accreditation of health care organizations under the
27commission’s consolidated standards for residential settings
28or by the council on accreditation of services for families
29and children, the department shall modify facility licensure
30standards applied to the agency in order to avoid duplicating
31standards applied through accreditation.
328. The department, in consultation with the judicial
33branch, the division of criminal and juvenile justice planning
34of the department of human rights, residential treatment
35providers, the foster care provider association, and other
-505-1parties which may be affected, shall review the licensing rules
2pertaining to residential treatment facilities, and examine
3whether the rules allow the facilities to accept and provide
4effective treatment to juveniles with serious problems who
5might not otherwise be placed in those facilities.
69. The department shall adopt rules specifying the elements
7of a preadoptive care agreement outlining the rights and
8responsibilities associated with a person providing preadoptive
9care, as defined in section 232.2.
1010. The department shall adopt rules to administer the
11exception to the definition of child care in section 237A.1,
12subsection 3, paragraph “l”, allowing a child care facility, for
13purposes of providing respite care to a foster family home, to
14provide care, supervision, or guidance of a child for a period
15of twenty-four hours or more who is placed with the licensed
16foster family home.
17 Sec. 772. Section 237.4, Code 2023, is amended to read as
18follows:
19237.4 License required — exceptions.
20An individual or an agency, as defined in section 237.1,
21shall not provide child foster care unless the individual or
22agency obtains a license issued by the administrator under this
23chapter. However, a license is not required of the following:
241. An individual providing child foster care for a total of
25not more than twenty days in one calendar year.
262. A residential care facility licensed under chapter 135C
27which is approved for the care of children.
283. A hospital licensed under chapter 135B.
294. A health care facility licensed under chapter 135C.
305. A juvenile detention home or juvenile shelter care home
31approved under section 232.142.
326. An institution listed in section 218.1.
337. A facility licensed under chapter 125.
348. An individual providing child care as a babysitter at the
35request of a parent, guardian or relative having lawful custody
-506-1of the child.
2 Sec. 773. Section 237.5, Code 2023, is amended to read as
3follows:
4237.5 License application and issuance — denial, suspension,
5or revocation — provisional licenses.
61. An individual or an agency shall apply for a license
7by completing an application to the administrator department
8 upon forms furnished by the administrator department. The
9administrator department shall issue or reissue a license if
10the administrator department determines that the applicant or
11licensee is or upon commencing operation will provide child
12foster care in compliance with this chapter. An initial
13license for an individual is valid for one year from the date
14of issuance. After the first two years of licensure, a license
15for an individual is valid for two years from the most recent
16date of issuance except that the administrator department,
17within the administrator’s director’s discretion and based upon
18the performance of the licensee, may require annual renewal
19of the license or may issue a provisional license pursuant to
20subsection 3. A license for an agency is valid for up to three
21years from the date of issuance for the period determined by
22the administrator department in accordance with administrative
23rules providing criteria for making the determination. The
24license shall state on its face the name of the licensee, the
25type of facility, the particular premises for which the license
26is issued, and the number of children who may be cared for by
27the facility on the premises at one time. The license shall
28be posted in a conspicuous place in the physical plant of the
29facility, except that if the facility is in a single-family
30home the license may be kept where it is readily available for
31examination upon request.
322. The administrator department, after notice and
33opportunity for an evidentiary hearing, may deny an application
34for a license, and may suspend or revoke a license, if the
35applicant or licensee violates this chapter or the rules
-507-1promulgated pursuant to this chapter, or knowingly makes
2a false statement concerning a material fact or conceals
3a material fact on the license application or in a report
4regarding operation of the facility submitted to the
5administrator department.
63. The administrator department may issue a provisional
7license for not more than one year to a licensee whose
8facility does not meet the requirements of this chapter, if
9written plans to bring the facility into compliance with the
10applicable requirements are submitted to and approved by the
11administrator department. The plans shall state a specific
12time when compliance will be achieved. Only one provisional
13license shall be issued for a facility by reason of the same
14deficiency.
15 Sec. 774. Section 237.6, Code 2023, is amended to read as
16follows:
17237.6 Restricted use of facility.
18A licensee shall not furnish child foster care in a building
19or on premises not designated in the license. A licensee
20shall not furnish child foster care to a greater number of
21children than is designated in the license, unless authorized
22by the administrator so authorizes department. Multiple
23licenses authorizing separate and distinct parts of a facility
24to provide different categories of child foster care may be
25issued.
26 Sec. 775. Section 237.7, Code 2023, is amended to read as
27follows:
28237.7 Reports and inspections.
29The administrator department may require submission of
30reports by a licensee, and shall cause at least one annual
31unannounced inspection of each facility to assess the quality
32of the living situation and to determine compliance with
33applicable requirements and standards. The inspections shall
34be conducted by the department of inspections and appeals.
35The director of the department of inspections and appeals
-508-1may examine records of a licensee, including but not limited
2to corporate records and board minutes, and may inquire into
3matters concerning a licensee and its employees relating to
4requirements and standards for child foster care under this
5chapter.
6 Sec. 776. Section 237.8, Code 2023, is amended to read as
7follows:
8237.8 Personnel.
91. A person shall not be allowed to provide services in a
10facility if the person has a disease which is transmissible to
11other persons through required contact in the workplace, which
12presents a significant risk of infecting other persons, which
13presents a substantial possibility of harming other persons, or
14for which no reasonable accommodation can eliminate the risk of
15infecting other persons.
162. a. (1) If a person is being considered for licensure
17under this chapter, or for employment involving direct
18responsibility for a child or in a facility where children
19reside, by a licensee under this chapter, or if a person will
20reside in a facility utilized by a licensee, and if the person
21has been convicted of a crime or has a record of founded child
22abuse, the record check evaluation system of the department
23and the licensee for an employee of the licensee shall perform
24an evaluation to determine whether the crime or founded
25child abuse warrants prohibition of licensure, employment,
26or residence in the facility. The department record check
27evaluation system shall conduct criminal and child abuse record
28checks in this state and may conduct these checks in other
29states. The evaluation shall be performed in accordance with
30procedures adopted for this purpose by the department.
31(2) If the criminal and child abuse record checks conducted
32in this state under subparagraph (1) for an individual being
33considered for licensure under this chapter, or for employment
34involving direct responsibility for a child or in a facility
35where children reside, by a licensee under this chapter, or
-509-1for an individual who will reside in a facility utilized by
2a licensee, have been completed and the individual either
3does not have a record of crime or founded child abuse or the
4department’s record check evaluation system’s evaluation of
5the record has determined that prohibition of the individual’s
6licensure or employment is not warranted, the individual may
7be provisionally approved for licensure or employment pending
8the outcome of the fingerprint-based criminal history check
9conducted pursuant to subparagraph (4).
10(3) An individual being considered for licensure under this
11chapter, or for employment involving direct responsibility for
12a child or in a facility where children reside, by a licensee
13under this chapter, or for an individual who will reside in a
14facility utilized by a licensee, shall not be granted a license
15or be employed and an evaluation shall not be performed under
16this subsection if the individual has been convicted of any of
17the following felony offenses:
18(a) Within the five-year period preceding the application
19date, a drug-related offense.
20(b) Child endangerment or neglect or abandonment of a
21dependent person.
22(c) Domestic abuse.
23(d) A crime against a child, including but not limited to
24sexual exploitation of a minor.
25(e) A forcible felony.
26(4) If an individual is being considered for licensure under
27this chapter, or for employment involving direct responsibility
28for a child or in a facility where children reside, by a
29licensee under this chapter, or if an individual will reside
30in a facility utilized by a licensee, or if an individual is
31subject to licensure under this chapter as a foster parent,
32in addition to the record checks conducted under subparagraph
33(1), the individual’s fingerprints shall be provided to the
34department of public safety for submission through the state
35criminal history repository to the United States department
-510-1of justice, federal bureau of investigation for a national
2criminal history check. The cost of the criminal history check
3conducted under this subparagraph is the responsibility of the
4department of human services.
5(5) If the criminal and child abuse record checks conducted
6in this state under subparagraph (1) for an individual being
7considered for licensure as a foster parent have been completed
8and the individual either does not have a record of crime
9or founded abuse or the department’s record check evaluation
10system’s evaluation of the record has determined that
11prohibition of the individual’s licensure is not warranted, the
12individual may be provisionally approved for licensure pending
13the outcome of the fingerprint-based criminal history check
14conducted pursuant to subparagraph (4).
15(6) An individual applying to be a foster parent licensee
16shall not be granted a license and an evaluation shall not be
17performed under this subsection if the individual has been
18convicted of any of the following felony offenses:
19(a) Within the five-year period preceding the application
20date, a drug-related offense.
21(b) Child endangerment or neglect or abandonment of a
22dependent person.
23(c) Domestic abuse.
24(d) A crime against a child, including but not limited to
25sexual exploitation of a minor.
26(e) A forcible felony.
27b. Except as otherwise provided in paragraph “a”, if the
28department record check evaluation system determines that a
29person has committed a crime or has a record of founded child
30abuse and is licensed, employed by a licensee, or resides in a
31licensed facility the department record check evaluation system
32 shall notify the licensee that an evaluation will be conducted
33to determine whether prohibition of the person’s licensure,
34employment, or residence is warranted.
35c. In an evaluation, the department record check evaluation
-511-1system and the licensee for an employee of the licensee shall
2consider the nature and seriousness of the crime or founded
3child abuse in relation to the position sought or held, the
4time elapsed since the commission of the crime or founded child
5abuse, the circumstances under which the crime or founded
6child abuse was committed, the degree of rehabilitation, the
7likelihood that the person will commit the crime or founded
8child abuse again, and the number of crimes or founded child
9abuses committed by the person involved. The department record
10check evaluation system may permit a person who is evaluated
11to be licensed, employed, or to reside, or to continue to be
12licensed, employed, or to reside in a licensed facility, if the
13person complies with the department’s record check evaluation
14system’s conditions relating to the person’s licensure,
15employment, or residence, which may include completion of
16additional training. For an employee of a licensee, these
17conditional requirements shall be developed with the licensee.
18The department record check evaluation system has final
19authority in determining whether prohibition of the person’s
20licensure, employment, or residence is warranted and in
21developing any conditional requirements under this paragraph.
22d. If the department record check evaluation system
23 determines that the person has committed a crime or has a
24record of founded child abuse which warrants prohibition of
25licensure, employment, or residence, the person shall not be
26licensed under this chapter and shall not be employed by a
27licensee or reside in a licensed facility.
283. In addition to the record checks required under
29subsection 2, the department of human services record check
30evaluation system may conduct dependent adult abuse record
31checks in this state and may conduct these checks in other
32states, on a random basis. The provisions of subsection 2,
33relative to an evaluation following a determination that a
34person has been convicted of a crime or has a record of founded
35child abuse, shall also apply to a random check conducted under
-512-1this subsection.
24. On or after July 1, 1994, a A licensee shall inform
3all new applicants for employment of the possibility of the
4performance of a record check and shall obtain, from the
5applicant, a signed acknowledgment of the receipt of the
6information.
75. On or after July 1, 1994, a A licensee shall include the
8following inquiry in an application for employment:
9Do you have a record of founded child or dependent adult abuse
10or have you ever been convicted of a crime, in this state or any
11other state?
12 Sec. 777. Section 237.13, Code 2023, is amended to read as
13follows:
14237.13 Foster home insurance fund.
151. For the purposes of this section, “foster home” means an
16individual, as defined in section 237.1, subsection 7, who is
17licensed to provide child foster care and shall also be known
18as a “licensed foster home”.
192. The foster home insurance fund shall be administered by
20the department of human services. The fund shall consist of
21all moneys appropriated by the general assembly for deposit
22in the fund. The department shall use moneys in the fund to
23provide home and property coverage for foster parents to cover
24damages to property resulting from the actions of a foster
25child residing in a foster home or to reimburse foster parents
26for the cost of purchasing foster care liability insurance and
27to perform the administrative functions necessary to carry out
28this section. The department may establish limitations of
29liability for individual claims as deemed reasonable by the
30department.
313. The department of human services shall adopt rules,
32pursuant to chapter 17A, to carry out the provisions of this
33section.
34 Sec. 778. Section 237.15, subsection 7, Code 2023, is
35amended to read as follows:
-513- 17. “Person or court responsible for the child” means the
2department, including but not limited to the department of
3health and human services, the agency, or the individual who is
4the guardian of a child by court order issued by the juvenile
5or district court and has the responsibility of the care of the
6child, or the court having jurisdiction over the child.
7 Sec. 779. Section 237.16, Code 2023, is amended to read as
8follows:
9237.16 Child advocacy board — staff.
101. The child advocacy board is created within the department
11of inspections and appeals. The state board consists of nine
12members appointed by the governor, subject to confirmation
13by the senate and directly responsible to the governor. One
14member shall be an active court appointed special advocate
15volunteer, one member shall be an active member of a local
16citizen foster care review board, and one member shall be a
17judicial branch employee or judicial officer appointed from
18nominees submitted by the judicial branch. The appointment is
19for a term of four years that begins and ends as provided in
20section 69.19. Vacancies on the state board shall be filled in
21the same manner as original appointments are made.
222. The members of the state board shall annually select a
23chairperson, vice chairperson, and other officers the members
24deem necessary. The members may be entitled to receive
25reimbursement for actual and necessary expenses incurred in
26the performance of their duties, subject to available funding.
27Each member of the board may also be eligible to receive
28compensation as provided in section 7E.6. The state board
29shall meet at least twice a year.
303. An employee of the department or of the department of
31inspections and appeals, an employee of a child-placing agency,
32an employee of an agency with which the department contracts
33for services for children under foster care, a foster parent
34providing foster care, or an employee of the district court
35is not eligible to serve on the state board. However, the
-514-1judicial branch employee or judicial officer appointed from
2nominees submitted by the judicial branch in accordance with
3subsection 1 shall be eligible to serve on the state board.
44. The department and the department of inspections and
5appeals shall jointly develop written protocols detailing the
6responsibilities of each the department with regard to children
7under the purview of the state board. The protocols shall be
8reviewed by the departments department on an annual basis.
95. The director shall employ appropriate staff for the state
10board in accordance with available funding.
11 Sec. 780. Section 237.18, subsection 4, Code 2023, is
12amended by striking the subsection.
13 Sec. 781. Section 237.21, subsection 5, Code 2023, is
14amended to read as follows:
155. Members of the state board and local boards, court
16appointed special advocates, and the employees of the
17department and the department of inspections and appeals are
18subject to standards of confidentiality pursuant to sections
19217.30, 228.6, subsection 1, sections 235A.15, 600.16,
20and 600.16A. Members of the state and local boards, court
21appointed special advocates, and employees of the department
22and the department of inspections and appeals who disclose
23information or records of the board or department, other than
24as provided in subsections 2, 3, and 4, section 232.126,
25and section 237.20, subsection 2, are guilty of a simple
26misdemeanor.
27 Sec. 782. Section 237A.1, Code 2023, is amended to read as
28follows:
29237A.1 Definitions.
30As used in this chapter unless the context otherwise
31requires:
321. “Administrator” means the administrator of the division
33of the department designated by the director to administer this
34chapter.
352. 1. “Child” means either of the following:
-515- 1a. A person twelve years of age or younger.
2b. A person thirteen years of age or older but younger than
3nineteen years of age who has a developmental disability as
4defined under the federal Developmental Disabilities Assistance
5and Bill of Rights Act of 2000, Pub.L. No.106-402, as
6codified in 42 U.S.C. §15002(8).
73. 2. “Child care” means the care, supervision, and
8guidance of a child by a person other than the child’s parent,
9guardian, or custodian for periods of less than twenty-four
10hours per day per child on a regular basis, but does not
11include care, supervision, and guidance of a child by any of
12the following:
13a. An instructional program for children who are attending
14prekindergarten as defined by the state board of education
15under section 256.11 or a higher grade level and are at least
16four years of age, or are at least three years of age and
17eligible for special education under chapter 256B, administered
18by any of the following:
19(1) A public or nonpublic school system accredited by the
20department of education or the state board of regents.
21(2) A nonpublic school system which is not accredited by the
22department of education or the state board of regents.
23b. Any of the following church-related programs:
24(1) An instructional program.
25(2) A youth program other than a preschool, before or after
26school child care program, or other child care program.
27(3) A program providing care to children on church premises
28while the children’s parents are attending church-related or
29church-sponsored activities on the church premises.
30c. Short-term classes of less than two weeks’ duration held
31between school terms or during a break within a school term.
32d. A child care center for sick children operated as part of
33a pediatrics unit in a hospital licensed by the department of
34inspections and appeals pursuant to chapter 135B.
35e. A program operated not more than one day per week by
-516-1volunteers which meets all of the following conditions:
2(1) Not more than eleven children are served per volunteer.
3(2) The program operates for less than four hours during any
4twenty-four-hour period.
5(3) The program is provided at no cost to the children’s
6parent, guardian, or custodian.
7f. A program administered by a political subdivision of the
8state which is primarily for recreational or social purposes
9and is limited to children who are five years of age or older
10and attending school.
11g. An after school program continuously offered throughout
12the school year calendar to children who are at least five
13years of age and are enrolled in school, and attend the program
14intermittently or a summer-only program for such children. The
15program must be provided through a nominal membership fee or
16at no cost.
17h. A special activity program which meets less than four
18hours per day for the sole purpose of the special activity.
19Special activity programs include but are not limited to music
20or dance classes, organized athletic or sports programs,
21recreational classes, scouting programs, and hobby or craft
22clubs or classes.
23i. A nationally accredited camp.
24j. A structured program for the purpose of providing
25therapeutic, rehabilitative, or supervisory services to
26children under any of the following:
27(1) A purchase of service or managed care contract with the
28department.
29(2) A contract approved by a governance board of a
30decategorization of child welfare and juvenile justice funding
31project created under section 232.188.
32(3) An arrangement approved by a juvenile court order.
33k. Care provided on-site to children of parents residing in
34an emergency, homeless, or domestic violence shelter.
35l. A child care facility providing respite care to a
-517-1licensed foster family home for a period of twenty-four hours
2or more to a child who is placed with that licensed foster
3family home.
4m. A program offered to a child whose parent, guardian,
5or custodian is engaged solely in a recreational or social
6activity, remains immediately available and accessible on the
7physical premises on which the child’s care is provided, and
8does not engage in employment while the care is provided.
9 However, if the recreational or social activity is provided
10in a fitness center or on the premises of a nonprofit
11organization, the parent, guardian, or custodian of the child
12may be employed to teach or lead the activity.
134. 3. “Child care center” or “center” means a facility
14providing child care or preschool services for seven or more
15children, except when the facility is registered as a child
16development home.
175. 4. “Child care facility” or “facility” means a child
18care center, preschool, or a registered child development home.
196. 5. “Child care home” means a person or program providing
20child care to any of the following children at any one time
21that is not registered to provide child care under this
22chapter, as authorized under section 237A.3:
23a. Five or fewer children.
24b. Six or fewer children, if at least one of the children
25is school-aged.
267. 6. “Child development home” means a person or program
27registered under section 237A.3A that may provide child care to
28seven or more children at any one time.
297. “Council” means the council on health and human services.
308. “Department” means the department of health and human
31services.
329. “Director” means the director of health and human
33services.
3410. “Infant” means a child who is less than twenty-four
35months of age.
-518- 111. “Involvement with child care” means licensed or
2registered under this chapter, employed in a child care
3facility, residing in a child care facility, receiving public
4funding for providing child care, or providing child care as a
5child care home provider, or residing in a child care home.
612. “Licensed center” means a center issued a full or
7provisional license by the department under the provisions
8of this chapter or a center for which a license is being
9processed.
1013. “Poverty level” means the poverty level defined by the
11most recently revised poverty income guidelines published by
12the United States department of health and human services.
1314. “Preschool” means a child care facility which provides
14to children ages three through five, for periods of time not
15exceeding three hours per day, programs designed to help the
16children to develop intellectual skills, social skills, and
17motor skills, and to extend their interest and understanding
18of the world about them.
1915. “School” means kindergarten or a higher grade level.
2016. “State child care advisory committee” means the state
21child care advisory committee established pursuant to section
22135.173A.
23 Sec. 783. Section 237A.2, subsection 1, paragraph a, Code
242023, is amended to read as follows:
25a. An application for a license or a renewal has been filed
26with the administrator department on forms provided by the
27department.
28 Sec. 784. Section 237A.2, subsection 3, Code 2023, is
29amended to read as follows:
303. The administrator department may reduce a previously
31issued license to a provisional license or issue a provisional
32license for a period of time not to exceed one year if the
33center does not meet standards required under this section.
34A provisional license shall not be renewable in regard to
35the same standards for more than two consecutive years. A
-519-1provisional license shall be posted in a conspicuous place
2in the center as provided in this section. If written plans
3to bring the center up to standards, giving specific dates
4for completion of work, are submitted to and approved by the
5department, the provisional license shall be renewable as
6provided in this subsection.
7 Sec. 785. Section 237A.3A, subsection 3, paragraph a, Code
82023, is amended to read as follows:
9a. Three categories of standards shall be applicable to
10child development homes. The initial designations of the
11categories, which may be revised by the department, shall be
12“A”, “B”, and “C”, as ranked from less stringent standards and
13capacity to more stringent standards and capacity. The “C”
14registration category standards shall require the highest level
15of provider qualifications and allow the greatest capacity of
16the three categories. The department of human services, in
17consultation with the Iowa department of public health, shall
18adopt rules applying standards to each category specifying
19provider qualifications and training, health and safety
20requirements, capacity, amount of space available per child,
21and other minimum requirements. The capacity requirements
22shall take into consideration the provider’s own children,
23children who have a mild illness, children receiving part-time
24child care, and children served as a sibling group in overnight
25care.
26 Sec. 786. Section 237A.5, Code 2023, is amended to read as
27follows:
28237A.5 Personnel.
291. All personnel in licensed or registered facilities
30shall have good health as evidenced by a report following a
31preemployment physical examination taken within six months
32prior to beginning employment. The examination shall include
33communicable disease tests by a licensed physician as defined
34in section 135C.1 or a licensed physician assistant as defined
35in section 148C.1 and shall be repeated every three years after
-520-1initial employment. Controlled medical conditions which would
2not affect the performance of the employee in the capacity
3employed shall not prohibit employment.
42. a. For the purposes of this section, unless the context
5otherwise requires:
6(1) “Person subject to a record check” means a person who is
7described by any of the following:
8(a) The person is being considered for licensure or
9registration or is registered or licensed under this chapter.
10(b) The person is being considered by a child care facility
11for employment involving direct responsibility for a child or
12with access to a child when the child is alone or is employed
13with such responsibilities.
14(c) The person will reside or resides in a child care
15facility.
16(d) The person has applied for or receives public funding
17for providing child care.
18(e) The person will reside or resides in a child care home
19that is not registered under this chapter but that receives
20public funding for providing child care.
21(2) “Person subject to an evaluation” means a person subject
22to a record check whose record indicates that the person has
23committed a transgression.
24(3) “Transgression” means the existence of any of the
25following in a person’s record:
26(a) Conviction of a crime.
27(b) A record of having committed founded child or dependent
28adult abuse.
29(c) Listing in the sex offender registry under chapter 692A.
30(d) A record of having committed a public or civil offense.
31(e) The department has revoked a child care facility
32registration or license due to the person’s continued or
33repeated failure to operate the child care facility in
34compliance with this chapter and rules adopted pursuant to this
35chapter.
-521- 1b. If an individual person subject to a record check is
2being considered for employment by a child care facility or
3child care home provider, in lieu of requesting a record check
4in this state to be conducted by the department record check
5evaluation system under paragraph “c”, the child care facility
6or child care home may access the single contact repository
7established pursuant to section 135C.33 as necessary to conduct
8a criminal and child abuse record check of the individual
9in this state. A copy of the results of the record check
10conducted through the single contact repository shall also be
11provided to the department record check evaluation system.
12If the record check indicates the individual is a person
13subject to an evaluation, the child care facility or child care
14home may request that the department record check evaluation
15system perform an evaluation as provided in this subsection.
16Otherwise, the individual shall not be employed by the child
17care facility or child care home.
18c. Unless a record check has already been conducted in
19accordance with paragraph “b”, the department record check
20evaluation system shall conduct a criminal and child abuse
21record check in this state for a person who is subject to a
22record check and may conduct such a check in other states. In
23addition, the department record check evaluation system may
24conduct a dependent adult abuse, sex offender registry, or
25other public or civil offense record check in this state or in
26other states for a person who is subject to a record check.
27d. (1) For a person subject to a record check, in
28addition to any other record check conducted pursuant to this
29subsection, the person’s fingerprints shall be provided to the
30department of public safety for submission through the state
31criminal history repository to the United States department
32of justice, federal bureau of investigation for a national
33criminal history check. The department may adopt rules
34specifying criteria in the public interest for requiring the
35national criminal history check of a person to be repeated.
-522- 1(2) Except as otherwise provided by law, the cost of a
2national criminal history check conducted in accordance with
3subparagraph (1) and the state record checks conducted in
4accordance with paragraph “c” that are conducted in connection
5with a person’s involvement with a child care center are not
6the responsibility of the department. The department is
7responsible for the cost of such checks conducted in connection
8with a person’s involvement with a child development home or
9child care home.
10(3) If record checks under paragraph “b” or “c” have been
11conducted on a person subject to a record check and the results
12do not warrant prohibition of the person’s involvement with
13child care or otherwise present protective concerns, the person
14may be involved with child care on a provisional basis until
15the record check under subparagraph (1) has been completed.
16(4) If a person subject to a record check refuses to consent
17to a record check or if the person makes what the person knows
18to be a false statement of material fact in connection with a
19record check, the person shall be prohibited from involvement
20with child care.
21e. (1) If a record check performed pursuant to this
22subsection identifies an individual as a person subject to
23an evaluation, an evaluation shall be performed to determine
24whether prohibition of the person’s involvement with child care
25is warranted. The evaluation shall be performed in accordance
26with procedures adopted for this purpose by the department.
27(2) Prior to performing an evaluation, the department
28 record check evaluation system shall notify the affected
29person, licensee, registrant, or child care home applying for
30or receiving public funding for providing child care, that an
31evaluation will be conducted to determine whether prohibition
32of the person’s involvement with child care is warranted.
33f. If a record check performed in accordance with paragraph
34“b” or “c” identifies that an individual is a person subject
35to an evaluation, the department record check evaluation
-523-1system shall perform the evaluation in accordance with this
2subsection, even if the application which made the person
3subject to the record check is withdrawn or the circumstances
4which made the person subject to the record check are no longer
5applicable. If the department’s record check evaluation
6system’s evaluation determines that prohibition of the person’s
7involvement with child care is warranted, the provisions of
8this subsection regarding such a prohibition shall apply.
9g. A person subject to a record check who is or was employed
10by a child care facility or child care home provider and
11is hired by another child care facility or child care home
12provider shall be subject to a record check in accordance
13with this subsection. However, if the person was subject
14to an evaluation because of a transgression in the person’s
15record and the evaluation determined that the transgression
16did not warrant prohibition of the person’s involvement
17with child care and the latest record checks do not indicate
18there is a transgression that was committed subsequent to
19that evaluation, the person may commence employment with the
20other child care facility or provider in accordance with the
21department’s evaluation and an exemption from any requirements
22for reevaluation of the latest record checks is authorized.
23Authorization of an exemption under this paragraph “g” from
24requirements for reevaluation of the latest record checks by
25the department record check evaluation system is subject to all
26of the following provisions:
27(1) The position with the subsequent employer is
28substantially the same or has the same job responsibilities as
29the position for which the previous evaluation was performed.
30(2) Any restrictions placed on the person’s employment
31in the previous evaluation by the department record check
32evaluation system shall remain applicable in the person’s
33subsequent employment.
34(3) The person subject to the record checks has maintained a
35copy of the previous evaluation and provides the evaluation to
-524-1the subsequent employer or the previous employer provides the
2previous evaluation from the person’s personnel file pursuant
3to the person’s authorization. If a physical copy of the
4previous evaluation is not provided to the subsequent employer,
5the record checks shall be reevaluated.
6(4) Although an exemption under this paragraph “g” may
7be authorized, the subsequent employer may instead request a
8reevaluation of the record checks and may employ the person
9while the reevaluation is being performed.
10h. In an evaluation, the department record check evaluation
11system shall consider the nature and seriousness of the
12transgression in relation to the position sought or held, the
13time elapsed since the commission of the transgression, the
14circumstances under which the transgression was committed,
15the degree of rehabilitation, the likelihood that the person
16will commit the transgression again, and the number of
17transgressions committed by the person involved. In addition
18to record check information, the department record check
19evaluation system may utilize information from the department’s
20 record check evaluation system’s case records in performing the
21evaluation. The department record check evaluation system may
22permit a person who is evaluated to maintain involvement with
23child care, if the person complies with the department’s record
24check evaluation system’s conditions and corrective action plan
25relating to the person’s involvement with child care. The
26department record check evaluation system has final authority
27in determining whether prohibition of the person’s involvement
28with child care is warranted and in developing any conditional
29requirements and corrective action plan under this paragraph.
30i. (1) A person subject to an evaluation shall be
31prohibited from involvement with child care under any of the
32following circumstances:
33(a) The person has a record of founded child abuse or
34dependent adult abuse that was determined to be sexual abuse.
35(b) The person is listed or is required to be listed on
-525-1any state sex offender registry or the national sex offender
2registry.
3(c) The person has committed any of the following
4felony-level offenses:
5(i) Child endangerment or neglect or abandonment of a
6dependent person.
7(ii) Domestic abuse.
8(iii) A crime against a child including but not limited to
9sexual exploitation of a minor.
10(iv) A forcible felony.
11(v) Arson.
12(d) The person has a record of a misdemeanor conviction
13against a child that constitutes one of the following offenses:
14(i) Child abuse.
15(ii) Child endangerment.
16(iii) Sexual assault.
17(iv) Child pornography.
18(2) If, within five years prior to the date of application
19for registration or licensure under this chapter, for
20employment or residence in a child care facility or child care
21home, or for receipt of public funding for providing child
22care, a person subject to an evaluation has been convicted
23of a controlled substance offense or has been found to have
24committed physical abuse, the person shall be prohibited from
25involvement with child care for a period of five years from
26the date of conviction or founded abuse. After the five-year
27prohibition period, the person may submit an application for
28registration or licensure under this chapter, or to receive
29public funding for providing child care, or may request an
30evaluation, and the department record check evaluation system
31 shall perform an evaluation and, based upon the criteria in
32paragraph “h”, shall determine whether prohibition of the
33person’s involvement with child care continues to be warranted.
34j. If the department record check evaluation system
35 determines, through an evaluation of a person’s transgression,
-526-1that the person’s prohibition of involvement with child care is
2warranted, the person shall be prohibited from involvement with
3child care. The department record check evaluation system may
4identify a period of time after which the person may request
5that another record check and evaluation be performed. A
6person who continues involvement with child care in violation
7of this subsection is subject to penalty under section 237A.19
8or injunction under section 237A.20.
9k. If it has been determined that a child receiving child
10care from a child care facility or a child care home is the
11victim of founded child abuse committed by an employee,
12license or registration holder, child care home provider, or
13resident of the child care facility or child care home for
14which a report is placed in the central registry pursuant to
15section 232.71D, the administrator department shall provide
16notification at the time of the determination to the parents,
17guardians, and custodians of children receiving care from the
18child care facility or child care home. A notification made
19under this paragraph shall identify the type of abuse but shall
20not identify the victim or perpetrator or circumstances of the
21founded abuse.
223. On or after July 1, 1994, a A licensee or registrant
23shall inform all new applicants for employment of the
24possibility of the performance of a record check and shall
25obtain, from the applicant, a signed acknowledgment of the
26receipt of the information.
274. On or after July 1, 1994, a A licensee or registrant
28shall include the following inquiry in an application for
29employment:
30Do you have a record of founded child or dependent adult abuse
31or have you ever been convicted of a crime, in this state or any
32other state?
335. A person who serves as an unpaid volunteer in a child
34care facility shall not be required to complete training as a
35mandatory reporter of child abuse under section 232.69 or under
-527-1any other requirement.
2 Sec. 787. Section 237A.6, Code 2023, is amended to read as
3follows:
4237A.6 Consultative services.
5The department shall, and the director of public health
6may provide consultative services to a person applying for
7a license or registration, or licensed or registered by the
8administrator under this chapter.
9 Sec. 788. Section 237A.8, Code 2023, is amended to read as
10follows:
11237A.8 Violations — actions against license or registration.
12The administrator department, after notice and opportunity
13for an evidentiary hearing before the department of inspections
14and appeals, may suspend or revoke a license or certificate of
15registration issued under this chapter or may reduce a license
16to a provisional license if the person to whom a license or
17certificate is issued violates a provision of this chapter or
18if the person makes false reports regarding the operation of
19the child care facility to the administrator or a designee of
20the administrator department. The administrator department
21 shall notify the parent, guardian, or legal custodian of each
22child for whom the person provides child care at the time
23of action to suspend or revoke a license or certificate of
24registration.
25 Sec. 789. Section 237A.12, subsections 3 and 4, Code 2023,
26are amended to read as follows:
273. Rules relating to fire safety for child care centers
28shall be adopted under this chapter by the state fire marshal
29in consultation with the department. Rules adopted by the
30state fire marshal for a building which is owned or leased by a
31school district or accredited nonpublic school and used as a
32child care facility shall not differ from standards adopted by
33the state fire marshal for school buildings under chapter 100.
34Rules relating to sanitation shall be adopted by the department
35in consultation with the director of public health. All rules
-528-1shall be developed in consultation with the state child care
2advisory committee. The state fire marshal shall inspect the
3facilities.
44. If a building is owned or leased by a school district
5or accredited nonpublic school and complies with standards
6adopted by the state fire marshal for school buildings under
7chapter 100, the building is considered appropriate for use by
8a child care facility. The rules adopted by the administrator
9 department under this section shall not require the facility
10to comply with building requirements which differ from
11requirements for use of the building as a school.
12 Sec. 790. Section 237A.14, subsection 4, Code 2023, is
13amended to read as follows:
144. The department of human services shall adopt rules
15pursuant to chapter 17A in accordance with this section.
16 Sec. 791. Section 237A.23, subsection 1, Code 2023, is
17amended to read as follows:
181. The departments department and the department of
19education, public health, and human services shall jointly
20establish a leadership council for child care training and
21development in this state. In addition to representatives of
22the three departments, the leadership council shall include
23but is not limited to representatives of community colleges,
24institutions of higher learning under the state board of
25regents and private institutions of higher education, the
26Iowa cooperative extension service in agriculture and home
27economics, and child care resource and referral service
28agencies.
29 Sec. 792. Section 237A.25, subsection 1, Code 2023, is
30amended to read as follows:
311. The department shall develop consumer information
32material to assist parents in selecting a child care provider.
33In developing the material, the department shall consult with
34department of human services staff, department of education
35staff, the state child care advisory committee, the early
-529-1childhood Iowa state board, and child care resource and
2referral services. In addition, the department may consult
3with other entities at the local, state, and national level.
4 Sec. 793. Section 237A.29, subsection 2, paragraph b,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
7A child care provider that has been found by the department
8of inspections and appeals in an administrative proceeding
9or in a judicial proceeding to have obtained, or has agreed
10to entry of a civil judgment or judgment by confession that
11includes a conclusion of law that the child care provider has
12obtained, by fraudulent means, public funding for provision of
13child care in an amount equal to or in excess of the minimum
14amount for a fraudulent practice in the second degree under
15section 714.10, subsection 1, paragraph “a”, shall be subject
16to sanction in accordance with this subsection. Such child
17care provider shall be subject to a period during which receipt
18of public funding for provision of child care is conditioned
19upon no further violations and to one or more of the following
20sanctions as determined by the department of human services:
21 Sec. 794. Section 237A.30, subsection 1, Code 2023, is
22amended to read as follows:
231. The department shall work with the early childhood Iowa
24office in the department of management program established in
25section 256I.5 and the state child care advisory committee in
26designing and implementing a voluntary quality rating system
27for each provider type of child care facility.
28 Sec. 795. Section 237C.1, Code 2023, is amended to read as
29follows:
30237C.1 Definitions.
31As used in this chapter, unless the context otherwise
32requires:
331. “Administrator” means the administrator of that division
34of the department designated by the director of human services
35to administer this chapter or the administrator’s designee.
-530- 12. 1. “Child” or “children” means an individual or
2individuals under eighteen years of age.
33. 2. “Children’s residential facility” means a private
4facility designed to serve children who have been voluntarily
5placed for reasons other than an exclusively recreational
6activity outside of their home by a parent or legal guardian
7and who are not under the custody or authority of the
8department of human services, juvenile court, or another
9governmental agency, that provides twenty-four-hour care,
10including food, lodging, supervision, education, or other care
11on a full-time basis by a person other than a relative or
12guardian of the child, but does not include an entity providing
13any of the following:
14a. Care furnished by an individual who receives the child of
15a personal friend as an occasional and personal guest in the
16individual’s home, free of charge and not as a business.
17b. Care furnished by an individual with whom a child has
18been placed for lawful adoption, unless that adoption is not
19completed within two years after placement.
20c. Child care furnished by a child care facility as defined
21in section 237A.1.
22d. Care furnished in a hospital licensed under chapter
23135B or care furnished in a health care facility as defined in
24section 135C.1.
25e. Care furnished by a juvenile detention home or juvenile
26shelter care home approved under section 232.142.
27f. Care furnished by a child foster care facility licensed
28under chapter 237.
29g. Care furnished by an institution listed in section 218.1.
30h. Care furnished by a facility licensed under chapter 125.
31i. Care furnished by a psychiatric medical institution for
32children licensed under chapter 135H.
334. 3. “Department” means the department of health and human
34services.
354. “Director” means the director of health and human
-531-1services.
2 Sec. 796. Section 237C.3, subsection 1, Code 2023, is
3amended to read as follows:
41. The department of human services shall consult with the
5department of education, and the department of inspections
6and appeals, the department of public health, the state fire
7marshal, and other agencies as determined by the department
8of human services to establish certification standards for
9children’s residential facilities in accordance with this
10chapter.
11 Sec. 797. Section 237C.4, subsections 2 and 3, Code 2023,
12are amended to read as follows:
132. Before the administrator department issues or reissues a
14certificate of approval to a children’s residential facility
15under section 237C.6, the facility shall comply with standards
16adopted by the state fire marshal under chapter 100.
173. Rules governing sanitation, water, and waste disposal
18standards for children’s residential facilities shall be
19adopted by the department of human services in consultation
20with the director of public health.
21 Sec. 798. Section 237C.4, subsection 7, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23Prior to establishing, proposing, adopting, or modifying a
24standard or rule under section 237C.3, this section, or section
25282.34, the department of human services or the department of
26education, as applicable, shall, at a minimum, do all of the
27following:
28 Sec. 799. Section 237C.5, Code 2023, is amended to read as
29follows:
30237C.5 Certificate of approval — certification required.
31A person shall not operate a children’s residential facility
32without a certificate of approval to operate issued by the
33administrator department under this chapter.
34 Sec. 800. Section 237C.6, subsections 1 and 3, Code 2023,
35are amended to read as follows:
-532- 11. A person shall apply for a certificate to operate a
2children’s residential facility by completing and submitting
3to the administrator department an application in a form
4and format approved by the administrator department. The
5administrator department shall issue or reissue a certificate
6of approval if the administrator department determines that
7the applicant is or upon commencing operation will provide
8children’s residential facility services in compliance with
9this chapter. A certificate of approval is valid for up to one
10year from the date of issuance for the period determined by
11the administrator department in accordance with administrative
12rules providing criteria for making the determination.
133. The administrator department may deny an application
14for issuance or reissuance of a certificate of approval or
15suspend or revoke a certificate of approval if the applicant
16or certificate holder, as applicable, fails to comply with
17this chapter or the rules adopted pursuant to this chapter or
18knowingly makes a false statement concerning a material fact or
19conceals a material fact on the application for the issuance
20or reissuance of a certificate of approval or in a report
21regarding operation of the children’s residential facility
22submitted to the administrator department. All operations of a
23children’s residential facility shall cease during a period of
24suspension or revocation. The administrator department shall
25suspend or revoke a certificate of approval of a children’s
26residential facility that fails to comply with section 282.34.
27 Sec. 801. Section 237C.8, Code 2023, is amended to read as
28follows:
29237C.8 Reports and inspections.
30The administrator department may require submission of
31reports by a certificate of approval holder and shall cause
32at least one annual unannounced inspection of a children’s
33residential facility to assess compliance with applicable
34requirements and standards. The inspections shall be conducted
35by the department of inspections and appeals in addition to
-533-1initial, renewal, and other inspections that result from
2complaints or self-reported incidents. The department of
3inspections and appeals and the department of human services
4 may examine records of a children’s residential facility and
5may inquire into matters concerning the children’s residential
6facility and its employees, volunteers, and subcontractors
7relating to requirements and standards for children’s
8residential facilities under this chapter.
9 Sec. 802. Section 238.1, Code 2023, is amended to read as
10follows:
11238.1 Definitions.
12For the purpose of this chapter unless the context otherwise
13requires:
141. “Administrator” means the administrator of the division
15of child and family services of the department of human
16services.
172. 1. “Child” means the same as defined in section 234.1.
183. 2. “Child-placing agency” or “agency” means any agency,
19whether public, semipublic, or private, which represents that
20the agency places children permanently or temporarily in
21private family homes or receives children for placement in
22private family homes, or which actually engages for gain or
23otherwise in the placement of children in private family homes.
24“Agency” includes individuals, institutions, partnerships,
25voluntary associations, and corporations, other than
26institutions under the management or control of the department.
273. “Council” means the council on health and human services.
284. “Department” means the department of health and human
29services.
305. “Director” means the director of health and human
31services.
324. “Person” or “agency” shall include individuals,
33institutions, partnerships, voluntary associations, and
34corporations, other than institutions under the management or
35control of any division or any administrator of the department
-534-1of human services.
25. “State division” means the same as defined in section
3234.1.
4 Sec. 803. Section 238.3, Code 2023, is amended to read as
5follows:
6238.3 Authority to license.
7The administrator department may grant a license under this
8chapter for the period specified in section 238.9 for the
9conduct operation of any a child-placing agency in this state.
10 Sec. 804. Section 238.4, Code 2023, is amended to read as
11follows:
12238.4 Granting of license conditional.
13No such A license shall not be issued under this chapter
14 unless the person applying shall have shown applicant shows
15 that the person applicant and the person’s applicant’s agents
16are properly equipped by training and experience to find and
17select suitable temporary or permanent homes for children and
18to supervise such the homes when in which the children are
19placed in them, to the end that safeguard the health, morality,
20and general well-being of the children placed by them shall be
21properly safeguarded.
22 Sec. 805. Section 238.5, Code 2023, is amended to read as
23follows:
24238.5 License required.
25No A person shall conduct not operate a child-placing
26agency or solicit or receive funds for its the support of a
27child-placing agency without an unrevoked license issued by the
28administrator department within the preceding twelve months
29preceding to conduct such agency.
30 Sec. 806. Section 238.6, Code 2023, is amended to read as
31follows:
32238.6 Form of license.
33The license shall state the name of the licensee and the
34particular premises in which the business agency may be carried
35on operated.
-535-1 Sec. 807. Section 238.7, Code 2023, is amended to read as
2follows:
3238.7 Posting of license.
4Such A license shall be kept posted in a conspicuous place on
5the licensed premises.
6 Sec. 808. Section 238.8, Code 2023, is amended to read as
7follows:
8238.8 Record of license.
9A record of the licenses so issued by the department under
10this chapter shall be kept maintained by the administrator
11 department.
12 Sec. 809. Section 238.10, Code 2023, is amended to read as
13follows:
14238.10 Revocation of license.
15The administrator department may, after due notice and
16hearing, revoke the license if any of the following applies:
171. In case the person to whom the same is issued The
18licensee violates any provision of this chapter.
192. When in the opinion of the administrator such the
20 agency is maintained in such a way as to waste or misuse funds
21contributed by the public or without due regard to sanitation
22or hygiene or to the health, comfort, or well-being of the
23child cared for or placed by the agency.
243. In case of violation by the The licensee or the
25licensee’s agents of violate any law of the state in a manner
26disclosing moral turpitude or unfitness to maintain such the
27 agency.
284. In case any such The agency is conducted operated by a
29person of ill repute or bad moral character.
305. In case said The agency operates in persistent violation
31of the reasonable regulations of the administrator governing
32such agencies.
33 Sec. 810. Section 238.11, Code 2023, is amended to read as
34follows:
35238.11 Written charges — findings — notice.
-536- 1Written charges against the licensee shall be served upon
2the licensee at least ten days before a hearing shall be had
3thereon on the charges and a written copy of the findings
4and decisions of the administrator upon department following
5the hearing shall be served upon the licensee in the manner
6prescribed for the service of original notice in civil actions.
7 Sec. 811. Section 238.12, Code 2023, is amended to read as
8follows:
9238.12 Appeal — judicial review.
101. Any A licensee feeling aggrieved by any a decision of
11the administrator department revoking the licensee’s license
12may appeal to the council on human services in the manner of
13form prescribed by such the council. The council shall, upon
14receipt of such an appeal, give the licensee reasonable notice
15and opportunity for a fair hearing before such the council
16or its duly authorized representative or representatives.
17Following such the hearing the council on human services shall
18take its final action and notify the licensee in writing.
192. Judicial review of the actions of the council may be
20sought in accordance with the terms of the Iowa administrative
21procedure Act, chapter 17A.
22 Sec. 812. Section 238.16, Code 2023, is amended to read as
23follows:
24238.16 Rules and regulations.
25It shall be the duty of the administrator to provide such
26 The department shall prescribe general regulations and rules
27for the conduct of all such child-placing agencies as shall be
28 necessary to effect the purposes of this chapter and of all
29other applicable laws of the state relating to children so far
30as the same are applicable, and to safeguard the well-being of
31children placed or cared for by such agencies.
32 Sec. 813. Section 238.17, Code 2023, is amended to read as
33follows:
34238.17 Forms for registration and record — preservation and
35maintenance.
-537- 11. The administrator department shall prescribe forms for
2the registration and record of persons children cared for by
3any child-placing agency licensed under this chapter and for
4reports required by said administrator the department from the
5agencies.
62. If, for any reason, a child-placing agency as defined
7by section 238.1 shall cease ceases to exist, all records of
8registration and placement and all other records of any kind
9and character kept maintained by such the child-placing agency
10shall be turned over to the administrator department, for
11preservation, to be kept preserved and maintained by the said
12administrator department as a permanent record.
13 Sec. 814. Section 238.18, Code 2023, is amended to read as
14follows:
15238.18 Duty of licensee.
161. A child-placing agency licensed under this chapter shall
17keep maintain a record and make reports in the form to be
18 prescribed by the administrator department.
192. For a child being placed by the agency, the agency’s
20duties shall include compliance with the requirements of
21section 232.108 relating to visitation or ongoing interaction
22between the child and the child’s siblings.
23 Sec. 815. Section 238.19, Code 2023, is amended to read as
24follows:
25238.19 Inspection generally.
26Authorized employees of the department of inspections and
27appeals may inspect the premises and conditions of the agency
28at any time, and examine every part of the agency;, and may
29 inquire into all matters concerning the agency and the children
30in the care of the agency.
31 Sec. 816. Section 238.22, Code 2023, is amended to read as
32follows:
33238.22 Licensee to aid inspection.
34The licensees A licensee shall give provide all reasonable
35information to such inspectors authorized under this chapter
-538-1 and afford them the inspectors every reasonable facility means
2 for obtaining pertinent information.
3 Sec. 817. Section 238.24, Code 2023, is amended to read as
4follows:
5238.24 Information confidential — exceptions.
61. Except as authorized by this section, a person who
7acquires under this chapter or from the records provided for in
8this chapter, information relative to any agency, or relative
9to any individual cared for by the agency, or relative to any
10 relative of the individual, shall not directly or indirectly
11disclose the information.
122. Disclosure of information acquired under this chapter
13or from the records provided for in this chapter is authorized
14under any of the following circumstances:
15a. Disclosure made upon inquiry before a court of law,
16or before some other tribunal, or for the information of the
17governor, general assembly, medical examiners, administrator,
18Iowa department of public health director, or the local board
19of health in the jurisdiction where the agency is located.
20b. Disclosure may be made by the administrator director to
21proper persons as may be in the interest of a child cared for by
22the agency or in the interest of the child’s parents or foster
23parents and not inimical to the child, or as may be necessary
24to protect the interests of the child’s prospective foster
25parents. However, disclosure of termination and adoption
26records shall be governed by the provisions of sections 600.16
27and 600.16A.
28c. Disclosure for purposes of statistical analysis performed
29by duly authorized persons of data collected under this chapter
30or the publication of the results of such analysis in such
31manner as will not disclose confidential information.
32 Sec. 818. Section 238.31, Code 2023, is amended to read as
33follows:
34238.31 Inspection of foster homes.
35The administrator department shall be satisfied ensure that
-539-1each licensed child-placing agency is maintaining maintains
2 proper standards in its work, and said administrator may at
3any time cause the child and home in which the child has been
4placed to be visited by the administrator’s director’s agents
5for the purpose of ascertaining whether the home is a suitable
6one for the child, and may continue to visit and inspect the
7foster home and the conditions therein in the foster home as
8they affect said the child.
9 Sec. 819. Section 238.32, Code 2023, is amended to read as
10follows:
11238.32 Authority to agencies.
12Any institution incorporated under the laws of this state
13or maintained for the purpose of caring for, placing out for
14adoption, or otherwise improving the condition of unfortunate
15children may, under the conditions An agency as specified
16in this chapter and when licensed in accordance with the
17provisions of this chapter may do any of the following:
181. Receive children in need of assistance, or delinquent
19 children who are under eighteen years of age, under commitment
20from found to have committed a delinquent act by the juvenile
21court, and control and dispose of them provide for the
22disposition of the children subject to the provisions of
23chapter 232 and chapter 600A.
242. Receive, control, and dispose and provide for the
25disposition of all minor children voluntarily surrendered to
26such institutions the agency.
27 Sec. 820. Section 238.42, Code 2023, is amended to read as
28follows:
29238.42 Agreement in child placements.
30Every An agency placing a child in a foster home shall enter
31into a written agreement with the person taking the child,
32which. The agreement shall provide that the agency placing the
33child shall have access at all reasonable times to such the
34 child and to the home in which the child is living, and for the
35return of the child by the person taking may remove the child
-540- 1from the home whenever, in the opinion of the agency placing
2such child, or in the opinion of the administrator department,
3removal is in the best interests of the child shall require it.
4 Sec. 821. Section 238.45, Code 2023, is amended to read as
5follows:
6238.45 Penalty.
7Every A person who violates any of the provisions provision
8 of this chapter or who intentionally shall make makes any false
9statements or reports to the administrator with reference to
10the matters contained herein department relative to a provision
11of this chapter, shall be is guilty of a fraudulent practice.
12 Sec. 822. Section 239A.2, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14The department of workforce development, in consultation
15with the director of health and human services, shall establish
16a procedure for assignment of persons referred under section
17239A.1 to positions available in public works projects. The
18department of workforce development shall arrange with units of
19local government for establishment of such projects, which may
20include any type of work or endeavor that is within the scope
21of authority of the unit of local government involved so long
22as the project meets the following requirements:
23 Sec. 823. Section 239B.1, subsection 4, Code 2023, is
24amended to read as follows:
254. “Department” means the department of health and human
26services.
27 Sec. 824. Section 239B.1, Code 2023, is amended by adding
28the following new subsection:
29 NEW SUBSECTION. 4A. “Director” means the director of health
30and human services.
31 Sec. 825. Section 239B.2, subsection 6, Code 2023, is
32amended to read as follows:
336. Cooperation with child support requirements. The
34department shall provide for prompt notification of the
35department’s child support recovery unit services if assistance
-541-1is provided to a child whose parent is absent from the home.
2An applicant or participant shall cooperate with the child
3support recovery unit services and the department as provided
4in 42 U.S.C. §608(a)(2) unless the applicant or participant
5qualifies for good cause or other exception as determined
6by the department in accordance with the best interest of
7the child, parent, or specified relative, and with standards
8prescribed by rule. The authorized good cause or other
9exceptions shall include participation in a family investment
10agreement safety plan option to address or prevent family or
11domestic violence and other consideration given to the presence
12of family or domestic violence. If a specified relative with
13whom a child is residing fails to comply with these cooperation
14requirements, a sanction shall be imposed as defined by rule in
15accordance with state and federal law.
16 Sec. 826. Section 239B.8, subsection 6, Code 2023, is
17amended to read as follows:
186. Confidential information disclosure. If approved by
19the director of human services or the director’s designee
20pursuant to a written request, the department shall disclose
21confidential information described in section 217.30,
22subsection 2, to other state agencies or to any other entity
23which is not subject to the provisions of chapter 17A and is
24providing services to a participant family who is subject to
25a family investment agreement, if necessary in order for the
26participant family to receive the services. The department
27shall adopt rules establishing standards for disclosure of
28confidential information if disclosure is necessary in order
29for a participant to receive services.
30 Sec. 827. Section 239B.9, subsection 1, paragraph a, Code
312023, is amended to read as follows:
32a. If a participant responsible for signing and fulfilling
33the terms of a family investment agreement, as defined by the
34director of human services in accordance with section 239B.8,
35chooses not to sign or fulfill the terms of the agreement, the
-542-1participant’s family, or the individual participant shall enter
2into a limited benefit plan. Initial actions in a written
3statement under section 239B.2, subsection 4, which were
4committed to by a participant during the application period
5and which commitment remains in effect, shall be considered to
6be a term of the participant’s family investment agreement.
7A limited benefit plan shall apply for the period of time
8specified in this section. The first month of the limited
9benefit plan is the first month after the month in which timely
10and adequate notice of the limited benefit plan is given to the
11participant as defined by the director of human services. The
12elements of a limited benefit plan shall be specified in the
13department’s rules.
14 Sec. 828. Section 239B.9, subsection 3, paragraphs a and c,
15Code 2023, are amended to read as follows:
16a. A participant who does not establish an orientation
17appointment with the JOBS program or who fails to keep or
18reschedule an orientation appointment shall receive a reminder
19letter which informs the participant that those who do not
20attend orientation have elected to choose a limited benefit
21plan. A participant who chooses not to respond to the reminder
22letter within ten calendar days from the mailing date shall
23receive notice establishing the effective date of the limited
24benefit plan. If a participant is deemed to have chosen a
25limited benefit plan, timely and adequate notice provisions, as
26determined by the director of human services, shall apply.
27c. A participant who has signed a family investment
28agreement but then chooses a limited benefit plan under
29circumstances defined by the director of human services.
30 Sec. 829. Section 239B.12, Code 2023, is amended to read as
31follows:
32239B.12 Immunization.
331. To the extent feasible, the department shall determine
34the immunization status of children receiving assistance under
35this chapter. The status shall be determined in accordance
-543-1with the immunization recommendations adopted by the Iowa
2department of public health under section 139A.8, including the
3exemption provisions in section 139A.8, subsection 4. If the
4department determines a child is not in compliance with the
5immunization recommendations, the department shall refer the
6child’s parent or guardian to a local public health agency for
7immunization services for the child and other members of the
8child’s family.
92. The department of human services shall cooperate with the
10Iowa department of public health to establish an interagency
11agreement allowing the sharing of pertinent client data, as
12permitted under federal law and regulation, for the purposes
13of determining determine immunization rates of participants,
14evaluating evaluate family investment program efforts to
15encourage immunizations, and developing develop strategies to
16further encourage immunization of participants.
17 Sec. 830. Section 239B.16, Code 2023, is amended to read as
18follows:
19239B.16 Appeal — judicial review.
20If an applicant’s application is not acted upon within
21a reasonable time, if it is denied in whole or in part, or
22if a participant’s assistance or other benefits under this
23chapter are modified, suspended, or canceled under a provision
24of this chapter, the applicant or participant may appeal to
25the department of human services which shall request the
26department of inspections and appeals to conduct a hearing.
27Upon completion of a hearing, the department of inspections
28and appeals shall issue a decision which is subject to review
29by the department of human services. Judicial review of the
30actions of the department of human services may be sought in
31accordance with chapter 17A. Upon receipt of a notice of
32the filing of a petition for judicial review, the department
33of human services shall furnish the petitioner with a copy
34of any papers filed in support of the petitioner’s position,
35a transcript of any testimony taken, and a copy of the
-544-1department’s decision.
2 Sec. 831. Section 239B.17, subsection 1, Code 2023, is
3amended to read as follows:
41. Program established. The promoting independence and
5self-sufficiency through employment job opportunities and basic
6skills program is established for applicants and participants
7of the family investment program. The requirements of the
8JOBS program shall vary as provided in the family investment
9agreement applicable to a family. The department of workforce
10development, economic development authority, department of
11education, and all other state, county, and public educational
12agencies and institutions providing vocational rehabilitation,
13adult education, or vocational or technical training shall
14assist and cooperate in the JOBS program. The departments,
15agencies, and institutions shall make agreements and
16arrangements for maximum cooperation and use of all available
17resources in the program. The department of human services
18 may contract with the department of workforce development, the
19economic development authority, or another appropriate entity
20to provide JOBS program services.
21 Sec. 832. Section 241.1, Code 2023, is amended to read as
22follows:
23241.1 Definitions.
24As used in this chapter, unless the context otherwise
25requires:
261. “Department” means the department of health and human
27services.
282. “Director” means the director of health and human
29services.
301. 3. “Displaced homemaker” means an individual who meets
31all of the following criteria:
32a. Has worked principally in the home providing unpaid
33household services for family members.
34b. Is not gainfully employed.
35c. Has had, or would apparently have, difficulty finding
-545-1appropriate paid employment.
2d. Has been dependent on the income of another family
3member but is no longer supported by that income, is or has
4been dependent on government assistance, or is supported as the
5parent of a child who is sixteen or seventeen years of age.
62. “Department” means the department of human services.
73. “Director” means the director of the department of human
8services.
9 Sec. 833. Section 241.3, subsection 2, Code 2023, is amended
10to read as follows:
112. The department shall consult and cooperate with the
12department of workforce development, the United States
13commissioner of social security administration, the office on
14the status of women of the department of human rights, the
15department of education, and other persons in the executive
16branch of the state government as the department considers
17appropriate to facilitate the coordination of multipurpose
18service programs established under this chapter with existing
19programs of a similar nature.
20 Sec. 834. Section 249.1, Code 2023, is amended to read as
21follows:
22249.1 Definitions.
23As used in this chapter:
241. “Council” means the council on health and human services.
251. 2. “Department” means the department of health and human
26services.
272. 3. “Director” means the director of health and human
28services.
293. 4. “Federal supplemental security income” means cash
30payments made to individuals by the United States government
31under Tit.XVI of the Social Security Act as amended by Pub.L.
32No.92-603, or any other amendments thereto.
334. 5. “Previous categorical assistance programs” means the
34aid to the blind program authorized by chapter 241, the aid to
35the disabled program authorized by chapter 241A and the old-age
-546-1assistance program authorized by chapter 249, Code 1973.
25. 6. “State supplementary assistance” means cash payments
3made to individuals:
4a. By the United States government on behalf of the state of
5Iowa pursuant to section 249.2.
6b. By the state of Iowa directly pursuant to sections 249.3
7through 249.5.
8 Sec. 835. Section 249.4, subsection 1, Code 2023, is amended
9to read as follows:
101. Applications for state supplementary assistance shall be
11made in the form and manner prescribed by the director or the
12director’s designee, with the approval of the council on human
13services, pursuant to chapter 17A. Each person who so applies
14and is found eligible under section 249.3 shall, so long as the
15person’s eligibility continues, receive state supplementary
16assistance on a monthly basis, from funds appropriated to the
17department for the purpose.
18 Sec. 836. Section 249.5, Code 2023, is amended to read as
19follows:
20249.5 Judicial review.
21If an application is not acted upon within a reasonable
22time, if it is denied in whole or in part, or if an award
23of assistance is modified, suspended, or canceled under a
24provision of this chapter, the applicant or recipient may
25appeal to the department of human services, which shall
26request the department of inspections and appeals to conduct
27a hearing. Upon completion of a hearing, the department of
28inspections and appeals shall issue a decision which is subject
29to review by the department of human services. Judicial
30review of the actions of the department of human services
31 may be sought in accordance with chapter 17A. Upon receipt
32of the petition for judicial review, the department of human
33services shall furnish the petitioner with a copy of any
34papers filed by the petitioner in support of the petitioner’s
35position, a transcript of any testimony taken, and a copy of
-547-1the department’s decision.
2 Sec. 837. Section 249.8, Code 2023, is amended to read as
3follows:
4249.8 Cancellation of warrants.
5The director of the department of administrative services,
6as of January, April, July, and October 1 of each year, shall
7stop payment on and issue duplicates of all state supplementary
8assistance warrants which have been outstanding and unredeemed
9by the treasurer of state for six months or longer. No A bond
10of indemnity shall not be required for the issuance of such
11 the duplicate warrants which shall be canceled immediately by
12the director of the department of administrative services. If
13the original warrants are subsequently presented for payment,
14warrants in lieu thereof of the original warrants shall be
15issued by the director of the department of administrative
16services at the discretion of and upon certification by the
17director of human services or the director’s designee.
18 Sec. 838. Section 249.11, subsection 2, Code 2023, is
19amended to read as follows:
202. The department of inspections and appeals shall conduct
21investigations and audits as deemed necessary to ensure
22compliance with state supplementary assistance programs
23administered under this chapter. The department of inspections
24and appeals shall cooperate with the department of human
25services on the development of procedures relating to such
26investigations and audits to ensure compliance with federal and
27state single state agency requirements.
28 Sec. 839. Section 249.12, subsections 1 and 2, Code 2023,
29are amended to read as follows:
301. In order to assure that the necessary data is available
31to aid the general assembly to determine appropriate funding
32for the custodial care program, the department of human
33services shall develop a cost-related system for financial
34supplementation to individuals who need custodial care and who
35have insufficient resources to purchase the care needed.
-548- 12. All privately operated licensed custodial facilities in
2Iowa shall cooperate with the department of human services to
3develop the cost-related plan.
4 Sec. 840. Section 249A.2, subsections 1 and 2, Code 2023,
5are amended to read as follows:
61. “Department” means the department of health and human
7services.
82. “Director” means the director of health and human
9services.
10 Sec. 841. Section 249A.4, subsection 10, paragraph c,
11subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
12to read as follows:
13A nursing facility that utilizes the supplementation option
14and receives supplementation under this subsection during any
15calendar year shall report to the department of human services
16 annually, by January 15, the following information for the
17preceding calendar year:
18 Sec. 842. Section 249A.4, subsection 11, Code 2023, is
19amended to read as follows:
2011. Shall provide an opportunity for a fair hearing before
21the department of inspections and appeals to an individual
22whose claim for medical assistance under this chapter is
23denied or is not acted upon with reasonable promptness. Upon
24completion of a hearing, the department of inspections and
25appeals shall issue a decision which is subject to review by
26the department of human services. Judicial review of the
27decisions of the department of human services may be sought in
28accordance with chapter 17A. If a petition for judicial review
29is filed, the department of human services shall furnish the
30petitioner with a copy of the application and all supporting
31papers, a transcript of the testimony taken at the hearing, if
32any, and a copy of its decision.
33 Sec. 843. Section 249A.4B, Code 2023, is amended to read as
34follows:
35249A.4B Medical assistance advisory council.
-549- 11. A medical assistance advisory council is created to
2comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of
3the federal Social Security Act and to advise the director
4about health and medical care services under the medical
5assistance program. The council shall meet no more than
6quarterly. The director of director’s designee responsible
7for public health or their designee and a public member of the
8council selected by the public members of the council shall
9serve as co-chairpersons of the council.
102. a. The council shall consist of the following voting
11members:
12(1) Five professional or business entity members selected
13by the entities specified pursuant to subsection 3, paragraph
14“a”.
15(2) Five public members appointed pursuant to subsection 3,
16paragraph “b”. Of the five public members, at least one member
17shall be a recipient of medical assistance.
18b. The council shall include all of the following nonvoting
19members:
20(1) The director of public health, or the director’s
21designee responsible for public health or their designee.
22(2) The director of the department on aging, or the
23director’s designee.
24(3) (2) The long-term care ombudsman, or the long-term care
25ombudsman’s designee.
26(4) (3) The dean of Des Moines university — osteopathic
27medical center, or the dean’s designee.
28(5) (4) The dean of the university of Iowa college of
29medicine, or the dean’s designee.
30(6) (5) A member of the hawk-i Hawki board created in
31section 514I.5, selected by the members of the hawk-i Hawki
32 board.
33(7) (6) The following members of the general assembly, each
34for a term of two years as provided in section 69.16B:
35(a) Two members of the house of representatives, one
-550-1appointed by the speaker of the house of representatives
2and one appointed by the minority leader of the house of
3representatives from their respective parties.
4(b) Two members of the senate, one appointed by the
5president of the senate after consultation with the majority
6leader of the senate and one appointed by the minority leader
7of the senate.
83. The voting membership of the council shall be selected
9or appointed as follows:
10a. The five professional or business entity members shall
11be selected by the entities specified under this paragraph
12“a”. The five professional or business entity members selected
13shall be the president, or the president’s representative,
14of the professional or business entity, or a member of the
15professional or business entity, designated by the entity.
16(1) The Iowa medical society.
17(2) The Iowa osteopathic medical association.
18(3) The Iowa academy of family physicians.
19(4) The Iowa chapter of the American academy of pediatrics.
20(5) The Iowa physical therapy association.
21(6) The Iowa dental association.
22(7) The Iowa nurses association.
23(8) The Iowa pharmacy association.
24(9) The Iowa podiatric medical society.
25(10) The Iowa optometric association.
26(11) The Iowa association of community providers.
27(12) The Iowa psychological association.
28(13) The Iowa psychiatric society.
29(14) The Iowa chapter of the national association of social
30workers.
31(15) The coalition for family and children’s services in
32Iowa.
33(16) The Iowa hospital association.
34(17) The Iowa association of rural health clinics.
35(18) The Iowa primary care association.
-551- 1(19) Free clinics of Iowa.
2(20) The opticians’ association of Iowa, inc.
3(21) The Iowa association of hearing health professionals.
4(22) The Iowa speech and hearing association.
5(23) The Iowa health care association.
6(24) The Iowa association of area agencies on aging.
7(25) AARP.
8(26) The Iowa caregivers association.
9(27) Leading age Iowa.
10(28) The Iowa association for home care.
11(29) The Iowa council of health care centers.
12(30) The Iowa physician assistant society.
13(31) The Iowa association of nurse practitioners.
14(32) The Iowa nurse practitioner society.
15(33) The Iowa occupational therapy association.
16(34) The ARC of Iowa, formerly known as the association for
17retarded citizens of Iowa.
18(35) The national alliance on mental illness.
19(36) The Iowa state association of counties.
20(37) The Iowa developmental disabilities council.
21(38) The Iowa chiropractic society.
22(39) The Iowa academy of nutrition and dietetics.
23(40) The Iowa behavioral health association.
24(41) The midwest association for medical equipment services
25or an affiliated Iowa organization.
26b. The five public members shall be public representatives
27which may include members of consumer groups, including
28recipients of medical assistance or their families, consumer
29organizations, and others, appointed by the governor for
30staggered terms of two years each, none of whom shall be
31members of, or practitioners of, or have a pecuniary interest
32in any of the professional or business entities specifically
33represented under paragraph “a”.
344. Based upon the deliberations of the council, the council
35shall make recommendations to the director regarding the
-552-1budget, policy, and administration of the medical assistance
2program.
35. For each council meeting, other than those held during
4the time the general assembly is in session, each legislative
5member of the council shall be reimbursed for actual travel
6and other necessary expenses and shall receive a per diem as
7specified in section 7E.6 for each day in attendance, as shall
8the members of the council who are recipients or the family
9members of recipients of medical assistance, regardless of
10whether the general assembly is in session.
116. The department shall provide staff support and
12independent technical assistance to the council.
137. The director shall consider the recommendations offered
14by the council in the director’s preparation of medical
15assistance budget recommendations to the council on health and
16 human services pursuant to section 217.3 and in implementation
17of medical assistance program policies.
18 Sec. 844. Section 249A.11, Code 2023, is amended to read as
19follows:
20249A.11 Payment for patient care segregated.
21A state resource center or mental health institute, upon
22receipt of any payment made under this chapter for the care of
23any patient, shall segregate an amount equal to that portion of
24the payment which is required by law to be made from nonfederal
25funds. The money segregated shall be deposited in the medical
26assistance fund of the department of human services.
27 Sec. 845. Section 249A.12, subsection 5, paragraph b, Code
282023, is amended to read as follows:
29b. The department of human services shall seek federal
30approval to amend the home and community-based services waiver
31for persons with an intellectual disability to include day
32habilitation services. Inclusion of day habilitation services
33in the waiver shall take effect upon receipt of federal
34approval.
35 Sec. 846. Section 249A.15A, subsection 4, Code 2023, is
-553-1amended to read as follows:
24. The department shall adopt rules pursuant to chapter 17A
3entitling alcohol and drug counselors who are certified by the
4nongovernmental Iowa board of substance abuse certification to
5payment for behavioral health services provided to recipients
6of medical assistance, subject to limitations and exclusions
7the department finds necessary on the basis of federal laws and
8regulations.
9 Sec. 847. Section 249A.21, subsection 9, Code 2023, is
10amended to read as follows:
119. The department of human services may procure a sole
12source contract to implement the provisions of this section.
13 Sec. 848. Section 249A.24, subsection 2, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15In addition to any other duties prescribed, the commission
16shall make recommendations to the council on health and human
17services regarding strategies to reduce state expenditures
18for prescription drugs under the medical assistance program
19excluding provider reimbursement rates. The commission shall
20make initial recommendations to the council by October 1, 2002.
21 Following approval of any recommendation by the council on
22health and human services, the department shall include the
23approved recommendation in a notice of intended action under
24chapter 17A and shall comply with chapter 17A in adopting
25any rules to implement the recommendation. The department
26shall seek any federal waiver necessary to implement any
27approved recommendation. The strategies to be considered for
28recommendation by the commission shall include at a minimum all
29of the following:
30 Sec. 849. Section 249A.26, subsection 2, paragraph a, Code
312023, is amended to read as follows:
32a. Except as provided for disallowed costs in section
33249A.27, the state shall pay one hundred percent of the
34nonfederal share of the cost of case management provided to
35adults, day treatment, and partial hospitalization provided
-554-1under the medical assistance program for persons with an
2intellectual disability, a developmental disability, or
3chronic mental illness. For purposes of this section, persons
4with mental disorders resulting from Alzheimer’s disease
5or a substance-related substance use disorder shall not be
6considered to be persons with chronic mental illness.
7 Sec. 850. Section 249A.29, Code 2023, is amended to read as
8follows:
9249A.29 Home and community-based services waiver providers
10— records checks.
111. For purposes of this section and section 249A.30 unless
12the context otherwise requires:
13a. “Consumer” means an individual approved by the department
14to receive services under a waiver.
15b. “Provider” means an agency certified by the department to
16provide services under a waiver.
17c. “Waiver” means a home and community-based services waiver
18approved by the federal government and implemented under the
19medical assistance program.
202. If a person is being considered by a provider for
21employment involving direct responsibility for a consumer or
22with access to a consumer when the consumer is alone, and
23if the person has been convicted of a crime or has a record
24of founded child or dependent adult abuse, the record check
25evaluation system of the department shall perform an evaluation
26to determine whether the crime or founded abuse warrants
27prohibition of employment by the provider. The department
28 record check evaluation system shall conduct criminal and child
29and dependent adult abuse records checks of the person in
30this state and may conduct these checks in other states. The
31records checks and evaluations required by this section shall
32be performed in accordance with procedures adopted for this
33purpose by the department.
343. If the department record check evaluation system
35 determines that a person employed by a provider has committed
-555-1a crime or has a record of founded abuse, the department
2 record check evaluation system shall perform an evaluation to
3determine whether prohibition of the person’s employment is
4warranted.
54. In an evaluation, the department record check evaluation
6system shall consider the nature and seriousness of the crime
7or founded abuse in relation to the position sought or held,
8the time elapsed since the commission of the crime or founded
9abuse, the circumstances under which the crime or founded abuse
10was committed, the degree of rehabilitation, the likelihood
11that the person will commit the crime or founded abuse again,
12and the number of crimes or founded abuses committed by the
13person involved. The department record check evaluation
14system may permit a person who is evaluated to be employed
15or to continue to be employed by the provider if the person
16complies with the department’s record check evaluation system’s
17 conditions relating to the employment, which may include
18completion of additional training.
195. If the department record check evaluation system
20 determines that the person has committed a crime or has
21a record of founded abuse which warrants prohibition of
22employment, the person shall not be employed by a provider.
23 Sec. 851. Section 249A.32B, Code 2023, is amended to read
24as follows:
25249A.32B Early and periodic screening, diagnosis, and
26treatment funding.
27The department of human services, in consultation with
28the Iowa department of public health and the department of
29education, shall continue the program to utilize the early and
30periodic screening, diagnosis, and treatment program funding
31under the medical assistance program, to the extent possible,
32to implement the screening component of the early and periodic
33screening, diagnosis, and treatment program through the
34schools. The department may enter into contracts to utilize
35maternal and child health centers, the public health nursing
-556-1program, or school nurses in implementing this section.
2 Sec. 852. Section 249A.33, subsection 1, Code 2023, is
3amended to read as follows:
41. A pharmaceutical settlement account is created in
5the state treasury under the authority of the department of
6human services. Moneys received from settlements relating
7to provision of pharmaceuticals under the medical assistance
8program shall be deposited in the account.
9 Sec. 853. Section 249A.37, subsection 1, paragraph a, Code
102023, is amended to read as follows:
11a. Provide, with respect to individuals who are eligible
12for or are provided medical assistance under the state’s
13medical assistance state plan, upon the request of the state,
14information to determine during what period the individual or
15the individual’s spouse or dependents may be or may have been
16covered by a health insurer and the nature of the coverage that
17is or was provided by the health insurer, including the name,
18address, and identifying number of the plan, in accordance
19with section 505.25, in a manner prescribed by the department
20of human services or as agreed upon by the department and the
21entity specified in this section.
22 Sec. 854. Section 249A.37, subsection 2, Code 2023, is
23amended to read as follows:
242. The department of human services may adopt rules pursuant
25to chapter 17A as necessary to implement this section. Rules
26governing the exchange of information under this section shall
27be consistent with all laws, regulations, and rules relating
28to the confidentiality or privacy of personal information or
29medical records, including but not limited to the federal
30Health Insurance Portability and Accountability Act of 1996,
31Pub.L. No.104-191, and regulations promulgated in accordance
32with that Act and published in 45 C.F.R. pts.160 – 164.
33 Sec. 855. Section 249A.48, Code 2023, is amended to read as
34follows:
35249A.48 Temporary moratoria.
-557- 11. The Iowa Medicaid enterprise program shall impose a
2temporary moratorium on the enrollment of new providers or
3provider types identified by the centers for Medicare and
4Medicaid services of the United States department of health
5and human services as posing an increased risk to the medical
6assistance Medicaid program.
7a. This section shall not be interpreted to require the
8Iowa Medicaid enterprise program to impose a moratorium if the
9Iowa Medicaid enterprise program determines that imposition
10of a temporary moratorium would adversely affect access of
11recipients to medical assistance services.
12b. If the Iowa Medicaid enterprise program makes a
13determination as specified in paragraph “a”, the Iowa Medicaid
14enterprise program shall notify the centers for Medicare and
15Medicaid services of the United States department of health and
16human services in writing.
172. The Iowa Medicaid enterprise program may impose a
18temporary moratorium on the enrollment of new providers, or
19impose numerical caps or other limits that the Iowa Medicaid
20enterprise program and the centers for Medicare and Medicaid
21services identify as having a significant potential for fraud,
22waste, or abuse.
23a. Before implementing the moratorium, caps, or other
24limits, the Iowa Medicaid enterprise program shall determine
25that its action would not adversely impact access by recipients
26to medical assistance Medicaid services.
27b. The Iowa Medicaid enterprise program shall notify, in
28writing, the centers for Medicare and Medicaid services, if the
29Iowa Medicaid enterprise program seeks to impose a moratorium
30under this subsection, including all of the details of the
31moratorium. The Iowa Medicaid enterprise program shall receive
32approval from the centers for Medicare and Medicaid services
33prior to imposing a moratorium under this subsection.
343. a. The Iowa Medicaid enterprise program shall impose any
35moratorium for an initial period of six months.
-558- 1b. If the Iowa Medicaid enterprise program determines that
2it is necessary, the Iowa Medicaid enterprise program may
3extend the moratorium in six-month increments. Each time a
4moratorium is extended, the Iowa Medicaid enterprise program
5 shall document, in writing, the necessity for extending the
6moratorium.
7 Sec. 856. Section 249A.50, subsection 2, Code 2023, is
8amended to read as follows:
92. The department of inspections and appeals shall conduct
10investigations and audits as deemed necessary to ensure
11compliance with the medical assistance program administered
12under this chapter. The department of inspections and appeals
13shall cooperate with the department of human services on the
14development of procedures relating to such investigations and
15audits to ensure compliance with federal and state single state
16agency requirements.
17 Sec. 857. Section 249B.1, subsection 4, Code 2023, is
18amended to read as follows:
194. “Department” means the department of health and human
20services.
21 Sec. 858. Section 249F.1, Code 2023, is amended to read as
22follows:
23249F.1 Definitions.
24As used in this chapter, unless the context otherwise
25requires:
261. “Department” means the department of health and human
27services.
281. 2. “Medical assistance” means “mandatory medical
29assistance”, “optional medical assistance”, “discretionary
30medical assistance”, or “Medicare cost sharing” as each is
31defined in section 249A.2 which is provided to an individual
32pursuant to chapter 249A and Tit.XIX of the federal Social
33Security Act.
342. 3. a. “Transfer of assets” means any transfer or
35assignment of a legal or equitable interest in property, as
-559-1defined in section 702.14, from a transferor to a transferee
2for less than fair consideration, made while the transferor
3is receiving medical assistance or within five years prior to
4application for medical assistance by the transferor. Any
5such transfer or assignment is presumed to be made with the
6intent, on the part of the transferee; transferor; or another
7person acting on behalf of a transferor who is an actual or
8implied agent, guardian, attorney-in-fact, or person acting as
9a fiduciary, of enabling the transferor to obtain or maintain
10eligibility for medical assistance or of impacting the recovery
11or payment of a medical assistance debt. This presumption
12is rebuttable only by clear and convincing evidence that
13the transferor’s eligibility or potential eligibility for
14medical assistance or the impact on the recovery or payment
15of a medical assistance debt was no part of the reason of
16the transferee; transferor; or other person acting on behalf
17of a transferor who is an actual or implied agent, guardian,
18attorney-in-fact, or person acting as a fiduciary for making
19or accepting the transfer or assignment. A transfer of assets
20includes a transfer of an interest in the transferor’s home,
21domicile, or land appertaining to such home or domicile
22while the transferor is receiving medical assistance, unless
23otherwise exempt under paragraph “b”.
24b. However, transfer of assets does not include the
25following:
26(1) Transfers to or for the sole benefit of the
27transferor’s spouse, including a transfer to a spouse by an
28institutionalized spouse pursuant to section 1924(f)(1) of the
29federal Social Security Act.
30(2) Transfers to or for the sole benefit of the transferor’s
31child who is blind or has a disability as defined in section
321614 of the federal Social Security Act.
33(3) Transfer of a dwelling, which serves as the transferor’s
34home as defined in 20 C.F.R. §416.1212, to a child of the
35transferor under twenty-one years of age.
-560- 1(4) Transfer of a dwelling, which serves as the transferor’s
2home as defined in 20 C.F.R. §416.1212, after the transferor is
3institutionalized, to either of the following:
4(a) A sibling of the transferor who has an equity interest
5in the dwelling and who was residing in the dwelling for a
6period of at least one year immediately prior to the date the
7transferor became institutionalized.
8(b) A child of the transferor who was residing in the
9dwelling for a period of at least two years immediately prior
10to the date the transferor became institutionalized and who
11provided care to the transferor which permitted the transferor
12to reside at the dwelling rather than in an institution or
13facility.
14(5) Transfers of less than two thousand dollars. However,
15all transfers by the same transferor during the five-year
16period prior to application for medical assistance by the
17transferor shall be aggregated. If a transferor transfers
18property to more than one transferee during the five-year
19period prior to application for medical assistance by the
20transferor, the two thousand dollar exemption shall be divided
21equally between the transferees.
22(6) Transfers of assets that would, at the time of the
23transferor’s application for medical assistance, have been
24exempt from consideration as a resource if retained by the
25transferor, pursuant to 42 U.S.C. §1382b(a), as implemented
26by regulations adopted by the secretary of the United States
27department of health and human services, excluding the home and
28land appertaining to the home.
29(7) Transfers to a trust established solely for the benefit
30of the transferor’s child who is blind or permanently and
31totally disabled as defined in the federal Social Security Act,
32section 1614, as codified in 42 U.S.C. §1382c.
33(8) Transfers to a trust established solely for the benefit
34of an individual under sixty-five years of age who is disabled,
35as defined in the federal Social Security Act, section 1614, as
-561-1codified in 42 U.S.C. §1382c.
23. 4. “Transferee” means the person who receives a transfer
3of assets.
44. 5. “Transferor” means the person who makes a transfer
5of assets.
6 Sec. 859. Section 249F.2, Code 2023, is amended to read as
7follows:
8249F.2 Creation of debt.
9A transfer of assets creates a debt due and owing to the
10department of human services from the transferee in an amount
11equal to medical assistance provided to or on behalf of the
12transferor, on or after the date of the transfer of assets, but
13not exceeding the fair market value of the assets at the time
14of the transfer.
15 Sec. 860. Section 249F.3, Code 2023, is amended to read as
16follows:
17249F.3 Notice of debt — failure to respond — hearing —
18order.
191. The department of human services may issue a notice
20establishing and demanding payment of an accrued or accruing
21debt due and owing to the department of human services as
22provided in section 249F.2. The notice shall be sent by
23restricted certified mail as defined in section 618.15, to
24the transferee at the transferee’s last known address. If
25service of the notice is unable to be completed by restricted
26certified mail, the notice shall be served upon the transferee
27in accordance with the rules of civil procedure. The notice
28shall include all of the following:
29a. The amount of medical assistance provided to the
30transferor to date which creates the debt.
31b. A computation of the debt due and owing.
32c. A demand for immediate payment of the debt.
33d. (1) A statement that if the transferee desires to
34discuss the notice, the transferee, within ten days after
35being served, may contact the department of human services and
-562-1request an informal conference.
2(2) A statement that if a conference is requested, the
3transferee has until ten days after the date set for the
4conference or until twenty days after the date of service of
5the original notice, whichever is later, to send a request for
6a hearing to the department of human services.
7(3) A statement that after the holding of the conference,
8the department of human services may issue a new notice to
9be sent to the transferee by first-class mail addressed to
10the transferee at the transferee’s last known address, or if
11applicable, to the transferee’s attorney at the last known
12address of the transferee’s attorney.
13(4) A statement that if the department of human services
14 issues a new notice, the transferee has until ten days after
15the date of mailing of the new notice or until twenty days
16after the date of service of the original notice, whichever is
17later, to send a request for a hearing to the department of
18human services.
19e. A statement that if the transferee objects to all or any
20part of the original notice and no conference is requested, the
21transferee has until twenty days after the date of service of
22the original notice to send a written response setting forth
23any objections and requesting a hearing to the department of
24human services.
25f. A statement that if a timely written request for a
26hearing is received by the department of human services, the
27transferee has the right to a hearing to be held in district
28court as provided in section 249F.4; and that if no timely
29written request for hearing is received, the department of
30human services will enter an order in accordance with the
31latest notice.
32g. A statement that as soon as the order is entered, the
33property of the transferee is subject to collection action,
34including but not limited to wage withholding, garnishment,
35attachment of a lien, or execution.
-563- 1h. A statement that the transferee must notify the
2department of human services of any change of address or
3employment.
4i. A statement that if the transferee has any questions
5concerning the transfer of assets, the transferee should
6contact the department of human services or consult an
7attorney.
8j. Other information as the department of human services
9 finds appropriate.
102. If a timely written request for hearing is received by
11the department of human services, a hearing shall be held in
12district court.
133. If a timely written request for hearing is not received
14by the department of human services, the department may enter
15an order in accordance with the latest notice, and the order
16shall specify all of the following:
17a. The amount to be paid with directions as to the manner
18of payment.
19b. The amount of the debt accrued and accruing in favor of
20the department of human services.
21c. Notice that the property of the transferee is subject
22to collection action, including but not limited to wage
23withholding, garnishment, attachment of a lien, and execution.
244. The transferee shall be sent a copy of the order
25by first-class mail addressed to the transferee at the
26transferee’s last known address, or if applicable, to the
27transferee’s attorney at the last known address of the
28transferee’s attorney. The order is final, and action by the
29department of human services to enforce and collect upon the
30order may be taken from the date of the issuance of the order.
31 Sec. 861. Section 249F.4, subsections 1 and 3, Code 2023,
32are amended to read as follows:
331. If a timely written request for a hearing is received,
34the department of human services shall certify the matter to
35the district court in the county where the transferee resides.
-564- 13. The department of human services may also request a
2hearing on its own motion regarding the determination of a
3debt, at any time prior to entry of an administrative order.
4 Sec. 862. Section 249F.5, subsections 1 and 2, Code 2023,
5are amended to read as follows:
61. A true copy of an order entered by the department of
7human services pursuant to this chapter, along with a true
8copy of the return of service, if applicable, may be filed in
9the office of the clerk of the district court in the county
10in which the transferee resides or, if the transferee resides
11in another state, in the office of the district court in the
12county in which the transferor resides.
132. The department of human services order shall be
14presented, ex parte, to the district court for review and
15approval. Unless defects appear on the face of the order or on
16the attachments, the district court shall approve the order.
17The approved order shall have all force, effect, and attributes
18of a docketed order or decree of the district court.
19 Sec. 863. Section 249F.7, Code 2023, is amended to read as
20follows:
21249F.7 Administration.
22As provided in this chapter, the establishment of a debt
23for medical assistance due to transfer of assets shall
24be administered by the department of human services. All
25administrative discretion in the administration of this chapter
26shall be exercised by the department of human services, and any
27state administrative rules implementing or interpreting this
28chapter shall be adopted by the department of human services.
29 Sec. 864. Section 249K.2, Code 2023, is amended to read as
30follows:
31249K.2 Definitions.
32As used in this chapter, unless the context otherwise
33requires:
341. “Complete replacement” means completed construction on
35a new nursing facility to replace an existing licensed and
-565-1certified facility. The replacement facility shall be located
2in the same geographical service area as the facility that is
3replaced and shall have the same number or fewer licensed beds
4than the original facility.
52. “Department” means the department of health and human
6services.
73. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise
8as defined in section 135D.2.
94. 3. “Major renovations” means construction or facility
10improvements to a nursing facility in which the total amount
11expended exceeds seven hundred fifty thousand dollars.
125. 4. “Medical assistance”, or “medical assistance program”,
13or “Medicaid program” means the medical assistance program
14created pursuant to chapter 249A.
156. 5. “New construction” means the construction of a new
16nursing facility which does not replace an existing licensed
17and certified facility and requires the provider to obtain a
18certificate of need pursuant to chapter 135, subchapter VI.
197. 6. “Nondirect care component” means the portion of
20the reimbursement rate under the medical assistance program
21attributable to administrative, environmental, property, and
22support care costs reported on the provider’s financial and
23statistical report.
248. 7. “Nursing facility” means a nursing facility as
25defined in section 135C.1.
269. 8. “Provider” means a current or future owner or
27operator of a nursing facility that provides medical assistance
28program services.
2910. 9. “Rate determination letter” means the letter that
30is distributed quarterly by the Iowa Medicaid enterprise
31 program to each nursing facility, which is based on previously
32submitted financial and statistical reports from each nursing
33facility.
34 Sec. 865. Section 249K.3, subsection 2, paragraphs a and e,
35Code 2023, are amended to read as follows:
-566- 1a. The provider shall submit a written request for instant
2relief to the Iowa Medicaid enterprise program explaining the
3nature, timing, and goals of the project and the time period
4during which the relief is requested. The written request
5shall clearly state if the provider is also requesting the
6nondirect care limit exception. The written request for
7instant relief shall be submitted no earlier than thirty days
8prior to the placement of the provider’s assets in service.
9The written request for relief shall provide adequate details
10to calculate the estimated value of relief including but not
11limited to the total cost of the project, the estimated annual
12depreciation expenses using generally accepted accounting
13principles, the estimated useful life based upon existing
14medical assistance and Medicare provisions, and a copy of the
15most current depreciation schedule. If interest expenses are
16included, a copy of the general terms of the debt service and
17the estimated annual amount of the interest expenses shall be
18submitted with the written request for relief.
19e. During the period in which instant relief is granted, the
20Iowa Medicaid enterprise program shall recalculate the value of
21the instant relief based on allowable costs and patient days
22reported on the annual financial and statistical report. For
23purposes of calculating the per diem relief, total patient
24days shall be the greater of actual annual patient days or
25eighty-five percent of the facility’s licensed capacity. The
26actual value of relief shall be added to the nondirect care
27component for the relevant period, not to exceed one hundred
28ten percent of the nondirect care median for the relevant
29period or not to exceed one hundred twenty percent of the
30nondirect care median for the relevant period if the nondirect
31care limit exception is requested and granted. The provider’s
32quarterly rates for the relevant period shall be retroactively
33adjusted to reflect the revised nondirect care rate. All
34claims with dates of service from the date that instant relief
35is granted to the date that the instant relief is terminated
-567-1shall be repriced to reflect the actual value of the instant
2relief per diem utilizing a mass adjustment.
3 Sec. 866. Section 249K.5, subsections 1 and 3, Code 2023,
4are amended to read as follows:
51. The Iowa Medicaid enterprise program shall administer
6this chapter. The department of human services shall adopt
7rules, pursuant to chapter 17A, to administer this chapter.
83. In addition to any other factors to be considered in
9determining if a provider is eligible to participate under this
10chapter, the Iowa Medicaid enterprise program shall consider
11all of the following:
12a. The history of the provider’s regulatory compliance.
13b. The historical access to nursing facility services for
14medical assistance program beneficiaries.
15c. The provider’s dedication to and participation in quality
16of care, considering all quality programs in which the provider
17has participated.
18d. The provider’s plans to facilitate person-directed care.
19e. The provider’s plans to facilitate dementia units and
20specialty post-acute services.
21 Sec. 867. Section 249L.2, subsection 1, Code 2023, is
22amended to read as follows:
231. “Department” means the department of health and human
24services.
25 Sec. 868. Section 249M.2, subsection 2, Code 2023, is
26amended to read as follows:
272. “Department” means the department of health and human
28services.
29 Sec. 869. Section 249M.4, subsection 5, paragraph b,
30subparagraph (2), Code 2023, is amended to read as follows:
31(2) The projected expenditures for participating hospitals
32for the fiscal year beginning July 1, 2010, as determined by
33the fiscal management division of the department, plus the
34amount calculated under subparagraph (1).
35 Sec. 870. Section 249N.2, subsections 4, 5, and 14, Code
-568-12023, are amended to read as follows:
24. “Department” means the department of health and human
3services.
45. “Director” means the director of health and human
5services.
614. “Medical assistance program”, “Medicaid program”, or
7“Medicaid” means the program paying all or part of the costs of
8care and services provided to an individual pursuant to chapter
9249A and Tit.XIX of the federal Social Security Act.
10 Sec. 871. Section 249N.5, subsection 2, paragraph a, Code
112023, is amended to read as follows:
12a. For members whose household income is at or below one
13hundred percent of the federal poverty level, the plan shall be
14administered by the Iowa Medicaid enterprise program consistent
15with program administration applicable to individuals under
16section 249A.3, subsection 1.
17 Sec. 872. Section 251.1, Code 2023, is amended to read as
18follows:
19251.1 Definitions.
20As used in this chapter:
211. “Administrator” means the administrator of the division
22of adult, children, and family services of the department of
23human services.
242. 1. “Division” or “state division” “Department” means
25the division of adult, children, and family services of the
26 department of health and human services.
272. “Director” means the director of health and human
28services.
29 Sec. 873. Section 251.2, Code 2023, is amended to read as
30follows:
31251.2 Administration of emergency relief.
32The state division department, in addition to all other
33powers and duties given it the department by law, shall be is
34 charged with the supervision and administration of all funds
35coming into the hands of received by the state now or hereafter
-569-1provided for emergency relief.
2 Sec. 874. Section 251.3, Code 2023, is amended to read as
3follows:
4251.3 Powers and duties.
5The administrator director shall have the power to do all of
6the following:
71. Appoint such personnel as may be necessary for the
8efficient discharge of the duties imposed upon on the
9administrator in the administration of emergency relief,
10 director and to make such rules and regulations as the
11administrator deems necessary or advisable covering relating
12to the administrator’s director’s activities and those of the
13service area advisory boards created under section 217.43,
14concerning emergency relief.
152. Join and cooperate with the government of the
16United States, or any of its appropriate agencies or
17instrumentalities, in any proper emergency relief activity.
183. Make such reports of budget estimates to the governor
19and to the general assembly as are required by law, or are
20 as necessary and proper to obtain appropriations of funds
21necessary for emergency relief purposes and for all the
22purposes of this chapter.
234. Determine the need for funds in the various counties of
24the state basing such determination upon the amount of money
25needed in the various counties to provide adequate emergency
26 relief, and upon the counties’ financial inability to provide
27such relief from county funds. The administrator director may
28administer said state funds belonging to the state within the
29various counties of the state to supplement local funds as
30needed.
315. Make such reports, obtain and furnish such information
32from time to time as may be required by the governor, by the
33general assembly, or by any other proper appropriate state or
34federal office or agency, state or federal, and make an annual
35report of its the department’s emergency relief activities.
-570-1 Sec. 875. Section 251.4, Code 2023, is amended to read as
2follows:
3251.4 Grants from state funds to counties.
4The state division department may require as a condition
5of making available state assistance available to counties
6for emergency relief purposes, that the county boards of
7supervisors shall establish budgets as needed in respect to the
8relief situation in the counties.
9 Sec. 876. Section 251.5, Code 2023, is amended to read as
10follows:
11251.5 Duties of the service area advisory board.
12A service area The advisory board created in section 217.43
13shall perform the following activities for any county in
14the board’s service area counties represented on the board
15 concerning emergency relief:
161. Cooperate with a county’s board of supervisors in all
17matters pertaining to administration of relief.
182. At the request of a county’s board of supervisors,
19prepare requests for grants of state funds.
203. At the request of a county’s board of supervisors,
21administer county relief funds.
224. In a county receiving grants of state funds upon approval
23of the director of the department of administrative services
24and the county’s board of supervisors, administer both state
25and county relief funds.
265. Perform other duties as may be prescribed by the
27administrator department and a county’s board of supervisors.
28 Sec. 877. Section 251.6, Code 2023, is amended to read as
29follows:
30251.6 County supervisors to determine emergency relief and
31work projects.
32The county board of supervisors shall supervise
33administration of emergency relief, and shall determine the
34minimum amount of relief required for each person or family,
35which persons are employable, and whether and under what
-571-1conditions persons receiving emergency relief may be employed
2by the county.
3 Sec. 878. Section 251.7, Code 2023, is amended to read as
4follows:
5251.7 County appointees to act as executive officers.
6The county board of supervisors may appoint an individual a
7person to serve as the executive officer of the service area
8 advisory board in all matters pertaining to relief for that
9county.
10 Sec. 879. Section 252.26, Code 2023, is amended to read as
11follows:
12252.26 General assistance director.
13The board of supervisors in each county shall appoint or
14designate a general assistance director for the county, who
15shall have the powers and duties conferred by this chapter.
16In counties of one hundred thousand or less population, the
17county board may designate as general assistance director an
18employee of the state department of health and human services
19who is assigned to work in that county and is directed by the
20director of health and human services, pursuant to an agreement
21with the county board, to exercise the functions and duties
22of general assistance director in that county. The general
23assistance director shall receive as compensation an amount to
24be determined by the county board.
25 Sec. 880. Section 252.33, Code 2023, is amended to read as
26follows:
27252.33 Application for assistance.
28A person may make application for assistance to a member
29of the board of supervisors, or to the general assistance
30director of the county where the person is. If application
31is made to the general assistance director and that officer
32is satisfied that the applicant is in a state of want which
33requires assistance at the public expense, the general
34assistance director may afford temporary assistance, subject to
35the approval of the board of supervisors, as the necessities
-572-1of the person require and shall immediately report the case to
2the board of supervisors, who may continue or deny assistance,
3as they find cause.
4 Sec. 881. Section 252.37, Code 2023, is amended to read as
5follows:
6252.37 Appeal to supervisors.
7If a poor person, on application to the general assistance
8director, is refused the required assistance, the applicant
9may appeal to the board of supervisors, who, upon examination
10into the matter, may order the general assistance director to
11provide assistance, or who may direct specific assistance.
12 Sec. 882. Section 252A.2, subsections 7 and 8, Code 2023,
13are amended to read as follows:
147. “Petitioner” includes each dependent person for whom
15support is sought in a proceeding instituted pursuant to
16this chapter or a mother or putative father of a dependent.
17However, in an action brought by the child support recovery
18unit services, the state is the petitioner.
198. “Petitioner’s representative” includes counsel of a
20dependent person for whom support is sought and counsel for a
21mother or putative father of a dependent. In an action brought
22by the child support recovery unit services, “petitioner’s
23representative” includes a county attorney, state’s attorney
24and any other public officer, by whatever title the officer’s
25public office may be known, charged by law with the duty of
26instituting, maintaining, or prosecuting a proceeding under
27this chapter or under the laws of the state.
28 Sec. 883. Section 252A.3A, subsections 3, 4, 7, 10, 12, and
2913, Code 2023, are amended to read as follows:
303. a. Prior to or at the time of completion of an affidavit
31of paternity, written and oral information about paternity
32establishment, developed by the child support recovery unit
33 services created in section 252B.2, shall be provided to the
34mother and putative father. Video or audio equipment may be
35used to provide oral information.
-573- 1b. The information provided shall include a description
2of parental rights and responsibilities, including the duty
3to provide financial support for the child, the benefits of
4establishing paternity, and the alternatives to and legal
5consequences of signing an affidavit of paternity, including
6the rights available if a parent is a minor.
7c. Copies of the written information shall be made
8available by the child support recovery unit services or the
9Iowa department of public health and human services to those
10entities where an affidavit of paternity may be obtained as
11provided under subsection 4.
124. a. The affidavit of paternity form developed and used by
13the Iowa department of public health and human services is the
14only affidavit of paternity form recognized for the purpose of
15establishing paternity under this section. It shall include
16the minimum requirements specified by the secretary of the
17United States department of health and human services pursuant
18to 42 U.S.C. §652(a)(7). A properly completed affidavit of
19paternity form developed by the Iowa department of public
20 health and human services and existing on or after July 1,
211993, but which is superseded by a later affidavit of paternity
22form developed by the Iowa department of public health and
23human services, shall have the same legal effect as a paternity
24affidavit form used by the Iowa department of public health and
25human services on or after July 1, 1997, regardless of the date
26of the filing and registration of the affidavit of paternity,
27unless otherwise required under federal law.
28b. The form shall be available from the state registrar,
29each county registrar, the child support recovery unit
30 services, and any institution in the state.
31c. The Iowa department of public health and human services
32 shall make copies of the form available to the entities
33identified in paragraph “b” for distribution.
347. The state registrar shall make copies of affidavits
35of paternity and identifying information from the affidavits
-574-1filed and registered pursuant to this section available to the
2 child support recovery unit services created under section
3252B.2 in accordance with section 144.13, subsection 4, and any
4subsequent rescission form which rescinds the affidavit.
510. a. An institution may be reimbursed by the child
6support recovery unit services created in section 252B.2 for
7providing the services described under subsection 9, or may
8provide the services at no cost.
9b. An institution electing reimbursement shall enter into a
10written agreement with the child support recovery unit services
11 for this purpose.
12c. An institution entering into an agreement for
13reimbursement shall assist the parents of a child born out of
14wedlock in completing and filing an affidavit of paternity.
15d. Reimbursement shall be based only on the number of
16affidavits completed in compliance with this section and
17submitted to the state registrar during the duration of
18the written agreement with the child support recovery unit
19 services.
20e. The reimbursement rate is twenty dollars for each
21completed affidavit filed with the state registrar.
2212. a. A completed affidavit of paternity may be rescinded
23by registration by the state registrar of a completed and
24notarized rescission form signed by either the mother or
25putative father who signed the affidavit of paternity that the
26putative father is not the father of the child. The completed
27and notarized rescission form shall be filed with the state
28registrar for the purpose of registration prior to the earlier
29of the following:
30(1) Sixty days after the latest notarized signature of the
31mother or putative father on the affidavit of paternity.
32(2) Entry of a court order pursuant to a proceeding in this
33state to which the signatory is a party relating to the child,
34including a proceeding to establish a support order under this
35chapter, chapter 252C, 252F, 598, or 600B or other law of this
-575-1state.
2b. Unless the state registrar has received and registered an
3order as provided in section 252A.3, subsection 10, paragraph
4“a”, which legally establishes paternity, upon registration
5of a timely rescission form the state registrar shall remove
6the father’s information from the certificate of birth, and
7shall send a written notice of the rescission to the last known
8address of the signatory of the affidavit of paternity who did
9not sign the rescission form.
10c. The Iowa department of public health and human services
11 shall develop a rescission form and an administrative process
12for rescission. The form shall be the only rescission form
13recognized for the purpose of rescinding a completed affidavit
14of paternity. A completed rescission form shall include the
15signature of a notary public attesting to the identity of
16the party signing the rescission form. The Iowa department
17of public health and human services shall adopt rules which
18establish a fee, based upon the average administrative cost, to
19be collected for the registration of a rescission.
20d. If an affidavit of paternity has been rescinded under
21this subsection, the state registrar shall not register any
22subsequent affidavit of paternity signed by the same mother and
23putative father relating to the same child.
2413. The child Child support recovery unit services may
25enter into a written agreement with an entity designated by the
26secretary of the United States department of health and human
27services to offer voluntary paternity establishment services.
28a. The agreement shall comply with federal requirements
29pursuant to 42 U.S.C. §666(a)(5)(C) including those regarding
30notice, materials, training, and evaluations.
31b. The agreement may provide for reimbursement of the entity
32by the state if reimbursement is permitted by federal law.
33 Sec. 884. Section 252A.5, subsections 2 and 3, Code 2023,
34are amended to read as follows:
352. Whenever the state or a political subdivision thereof of
-576-1the state furnishes support to a dependent, it the political
2subdivision of the state has the same right through proceedings
3instituted by the petitioner’s representative to invoke
4the provisions hereof of this section as the dependent to
5whom the support was furnished, for the purpose of securing
6reimbursement of expenditures so made and of obtaining
7continuing support; the petition in such case may be verified
8by any official having knowledge of such expenditures without
9further verification of any person and consent of the dependent
10shall not be required in order to institute proceedings under
11this chapter. The child Child support recovery unit services
12 may bring the action based upon a statement of a witness,
13regardless of age, with knowledge of the circumstances,
14including, but not limited to, statements by the mother of the
15dependent or a relative of the mother or the putative father.
163. If the child support recovery unit services is providing
17services, the unit child support services has the same right
18to invoke the provisions of this section as the dependent for
19which support is owed for the purpose of securing support. The
20petition in such case may be verified by any official having
21knowledge of the request for services by the unit child support
22services, without further verification by any other person,
23and consent of the dependent shall not be required in order
24to institute proceedings under this chapter. The child Child
25 support recovery unit services may bring the action based upon
26the statement of a witness, regardless of age, with knowledge
27of the circumstances, including, but not limited to, statements
28by the mother of the dependent or a relative of the mother or
29the putative father.
30 Sec. 885. Section 252A.13, subsections 1 and 3, Code 2023,
31are amended to read as follows:
321. If public assistance is provided by the department of
33health and human services to or on behalf of a dependent child
34or a dependent child’s caretaker, there is an assignment by
35operation of law to the department of any and all rights in,
-577-1title to, and interest in any support obligation, payment, and
2arrearages owed to or on behalf of the child or caretaker not
3to exceed the amount of public assistance paid for or on behalf
4of the child or caretaker as follows:
5a. For family investment program assistance, section 239B.6
6shall apply.
7b. For foster care services, section 234.39 shall apply.
8c. For medical assistance, section 252E.11 shall apply.
93. The clerk shall furnish the department with copies of
10all orders or decrees awarding and temporary domestic abuse
11orders addressing support when the parties are receiving public
12assistance or services are otherwise provided by the child
13support recovery unit services. Unless otherwise specified
14in the order, an equal and proportionate share of any child
15support awarded is presumed to be payable on behalf of each
16child, subject to the order or judgment, for purposes of an
17assignment under this section.
18 Sec. 886. Section 252A.18, Code 2023, is amended to read as
19follows:
20252A.18 Registration of support order — notice.
21Registration of a support order of another state or foreign
22country shall be in accordance with chapter 252K except that,
23with regard to service, promptly upon registration, the clerk
24of the court shall, by restricted certified mail, or the child
25support recovery unit services shall, as provided in section
26252B.26, send to the respondent notice of the registration with
27a copy of the registered support order or the respondent may
28be personally served with the notice and the copy of the order
29in the same manner as original notices are personally served.
30The clerk shall also docket the case and notify the prosecuting
31attorney of the action. The clerk shall maintain a registry of
32all support orders registered pursuant to this section. The
33filing is in equity.
34 Sec. 887. Section 252B.1, Code 2023, is amended to read as
35follows:
-578- 1252B.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Absent parent” means the parent who either cannot be
5located or who is located and is not residing with the child
6at the time the support collection or paternity determination
7services provided in sections 252B.5 and 252B.6 are requested
8or commenced.
92. “Child” includes but shall not be limited to a stepchild,
10foster child, or legally adopted child and means a child
11actually or apparently under eighteen years of age or a
12dependent person eighteen years of age or over who is unable
13to maintain the person’s self and is likely to become a public
14charge. “Child” includes “child” as defined in section 239B.1.
153. “Child support agency” means child support agency as
16defined in section 252H.2.
174. “Child support services” means child support services
18created in section 252B.2.
194. 5. “Department” means the department of health and human
20services.
215. 6. “Director” means the director of health and human
22services.
236. 7. “Obligor” means the person legally responsible for
24the support of a child as defined in section 252D.16 or 598.1
25under a support order issued in this state or pursuant to the
26laws of another state or foreign country.
277. 8. “Resident parent” means the parent with whom the
28child is residing at the time the support collection or
29paternity determination services provided in sections 252B.5
30and 252B.6 are requested or commenced.
318. “Unit” means the child support recovery unit created in
32section 252B.2.
33 Sec. 888. Section 252B.2, Code 2023, is amended to read as
34follows:
35252B.2 Unit Child support services established —
-579-1intervention.
2There is created within the department of human services
3a child support recovery unit services for the purpose of
4providing the services required in sections 252B.3 through
5252B.6. The unit Child support services is not required to
6intervene in actions to provide such services.
7 Sec. 889. Section 252B.3, Code 2023, is amended to read as
8follows:
9252B.3 Duty of department to enforce child support —
10cooperation — rules.
111. Upon receipt by the department of an application for
12public assistance on behalf of a child and determination by the
13department that the child is eligible for public assistance and
14that provision of child support services is appropriate, the
15department shall take appropriate action under the provisions
16of this chapter or under other appropriate statutes of this
17state including but not limited to chapters 239B, 252A, 252C,
18252D, 252E, 252F, 252G, 252H, 252I, 252J, 598, and 600B, to
19ensure that the parent or other person responsible for the
20support of the child fulfills the support obligation. The
21department shall also take appropriate action as required by
22federal law upon receiving a request from a child support
23agency for a child receiving public assistance in another
24state.
252. The department of human services may negotiate a partial
26payment of a support obligation with a parent or other person
27responsible for the support of the child, provided that the
28negotiation and partial payment are consistent with applicable
29federal law and regulation.
303. The department shall adopt rules pursuant to chapter
3117A regarding cases in which, under federal law, it is a
32condition of eligibility for an individual who is an applicant
33for or recipient of public assistance to cooperate in good
34faith with the department in establishing the paternity of, or
35in establishing, modifying, or enforcing a support order by
-580-1identifying and locating the parent of the child or enforcing
2rights to support payments. The rules shall include all of the
3following provisions:
4a. As required by the unit child support services, the
5individual shall provide the name of the noncustodial parent
6and additional necessary information, and shall appear at
7interviews, hearings, and legal proceedings.
8b. If paternity is an issue, the individual and child shall
9submit to blood or genetic tests pursuant to a judicial or
10administrative order.
11c. The individual may be requested to sign a voluntary
12affidavit of paternity, after notice of the rights and
13consequences of such an acknowledgment, but shall not be
14required to sign an affidavit or otherwise relinquish the right
15to blood or genetic tests.
16d. The unit Child support services shall promptly notify
17the individual and the appropriate division of the department
18administering the department’s public assistance program
19 programs of each determination by the unit child support
20services of noncooperation of the individual and the reason for
21such determination.
22e. A procedure under which the individual may claim that,
23and the department shall determine whether, the individual has
24sufficient good cause or other exception for not cooperating,
25taking into consideration the best interest of the child.
264. Without need for a court order and notwithstanding
27the requirements of section 598.22A, the support payment
28ordered pursuant to any chapter shall be satisfied as to the
29department, the child, and either parent for the period during
30which the parents are reconciled and are cohabiting, the child
31for whom support is ordered is living in the same residence
32as the parents, and the obligor receives public assistance on
33the obligor’s own behalf for the benefit of the child. The
34department shall implement this subsection as follows:
35a. The unit Child support services shall file a notice of
-581-1satisfaction with the clerk of court.
2b. This subsection shall not apply unless all the children
3for whom support is ordered reside with both parents, except
4that a child may be absent from the home due to a foster care
5placement pursuant to chapter 234 or a comparable law of
6another state or foreign country.
7c. The unit Child support services shall send notice
8by regular mail to the obligor when the provisions of this
9subsection no longer apply. A copy of the notice shall be
10filed with the clerk of court.
11d. This section shall not limit the rights of the parents or
12the department to proceed by other means to suspend, terminate,
13modify, reinstate, or establish support.
145. On or after July 1, 1999, the department shall implement
15a program for the satisfaction of accrued support debts, based
16upon timely payment by the obligor of both current support due
17and any payments due for accrued support debt under a periodic
18payment plan. The unit Child support services shall adopt
19rules pursuant to chapter 17A to establish the criteria and
20procedures for obtaining satisfaction under the program. The
21rules adopted under this subsection shall specify the cases and
22amounts to which the program is applicable, and may provide for
23the establishment of the program as a pilot program.
24 Sec. 890. Section 252B.4, Code 2023, is amended to read as
25follows:
26252B.4 Nonassistance cases.
271. The child support and paternity determination services
28established by the department pursuant to this chapter and
29other appropriate services provided by law including but not
30limited to the provisions of chapters 239B, 252A, 252C, 252D,
31252E, 252F, 598, and 600B shall be made available by the
32unit child support services to an individual not otherwise
33eligible as a public assistance recipient upon application by
34the individual for the services or upon referral as described
35in subsection 4. The application shall be filed with the
-582-1department.
22. The director may collect a fee to cover the costs
3incurred by the department for service of process, genetic
4testing and court costs if the entity providing the service
5charges a fee for the services.
63. Fees collected pursuant to this section shall be
7considered repayment receipts, as defined in section 8.2,
8and shall be used for the purposes of the unit child support
9services. The director or a designee shall keep an accurate
10record of the fees collected and expended.
114. The unit Child support services shall also provide child
12support and paternity determination services and shall respond
13as provided in federal law for an individual not otherwise
14eligible as a public assistance recipient if the unit child
15support services receives a request from any of the following:
16a. A child support agency.
17b. A foreign country as defined in chapter 252K.
18 Sec. 891. Section 252B.5, Code 2023, is amended to read as
19follows:
20252B.5 Services of unit Child support services.
21The child Child support recovery unit services shall provide
22the following services:
231. Assistance in the location of an absent parent or any
24other person who has an obligation to support the child of the
25resident parent.
262. Aid in establishing paternity and securing a court or
27administrative order for support pursuant to chapter 252A,
28252C, 252F, or 600B, or any other chapter providing for
29the establishment of paternity or support. In an action to
30establish support, the resident parent may be a proper party
31defendant for purposes of determining medical support as
32provided in section 252E.1A upon service of notice as provided
33in this chapter and without a court order as provided in the
34rules of civil procedure. The unit’s Child support services’
35 independent cause of action shall not bar a party from seeking
-583-1support in a subsequent proceeding.
23. Aid in enforcing through court or administrative
3proceedings an existing court order for support issued pursuant
4to chapter 252A, 252C, 252F, 598, or 600B, or any other
5chapter under which child or medical support is granted. The
6director may enter into a contract with a private collection
7agency to collect support payments for cases which have been
8identified by the department as difficult collection cases
9if the department determines that this form of collection is
10more cost-effective than departmental collection methods. The
11department shall utilize, to the maximum extent possible,
12every available automated process to collect support payments
13prior to referral of a case to a private collection agency.
14A private collection agency with whom the department enters
15a contract under this subsection shall comply with state and
16federal confidentiality requirements and debt collection laws.
17The director may use a portion of the state share of funds
18collected through this means to pay the costs of any contract
19authorized under this subsection.
204. Assistance to set off against a debtor’s income tax
21refund or rebate any support debt, which is assigned to
22the department of human services or which the child support
23recovery unit services is attempting to collect on behalf of
24any individual not eligible as a public assistance recipient,
25which has accrued through written contract, subrogation, or
26court judgment, and which is in the form of a liquidated sum
27due and owing for the care, support, or maintenance of a child.
28Unless the periodic payment plan provisions for a retroactive
29modification pursuant to section 598.21C apply, the entire
30amount of a judgment for accrued support, notwithstanding
31compliance with a periodic payment plan or regardless of the
32date of entry of the judgment, is due and owing as of the date
33of entry of the judgment and is delinquent for the purposes of
34setoff, including for setoff against a debtor’s federal income
35tax refund or other federal nontax payment. The department
-584-1of human services shall adopt rules pursuant to chapter
217A necessary to assist the department of administrative
3services in the implementation of the child support setoff as
4established under section 8A.504.
55. a. In order to maximize the amount of any tax refund
6to which an obligor may be entitled and which may be applied
7to child support and medical support obligations, cooperate
8with any volunteer or free income tax assistance programs in
9the state in informing obligors of the availability of the
10programs.
11b. The child Child support recovery unit services shall
12publicize the services of the volunteer or free income tax
13assistance programs by distributing printed materials regarding
14the programs.
156. Determine periodically whether an individual receiving
16unemployment compensation benefits under chapter 96 owes a
17support obligation which is being enforced by the unit child
18support services, and enforce the support obligation through
19court or administrative proceedings to have specified amounts
20withheld from the individual’s unemployment compensation
21benefits.
227. Assistance in obtaining medical support as defined in
23chapter 252E.
248. a. At the request of either parent who is subject to
25the order of support or upon its own initiation, review the
26amount of the support award in accordance with the guidelines
27established pursuant to section 598.21B, and Tit.IV-D of the
28federal Social Security Act, as amended, and take action to
29initiate modification proceedings if the criteria established
30pursuant to this section are met. However, a review of a
31support award is not required if the child support recovery
32unit services determines that such a review would not be in the
33best interest of the child and neither parent has requested
34such review.
35b. The department shall adopt rules setting forth the
-585-1process for review of requests for modification of support
2obligations and the criteria and process for taking action to
3initiate modification proceedings.
49. a. Assistance, in consultation with the department
5of administrative services, in identifying and taking action
6against self-employed individuals as identified by the
7following conditions:
8(1) The individual owes support pursuant to a court or
9administrative order being enforced by the unit child support
10services and is delinquent in an amount equal to or greater
11than the support obligation amount assessed for one month.
12(2) The individual has filed a state income tax return in
13the preceding twelve months.
14(3) The individual has no reported tax withholding amount on
15the most recent state income tax return.
16(4) The individual has failed to enter into or comply with a
17formalized repayment plan with the unit child support services.
18(5) The individual has failed to make either all current
19support payments in accordance with the court or administrative
20order or to make payments against any delinquency in each of
21the preceding twelve months.
22b. The unit Child support services may forward information
23to the department of administrative services as necessary to
24implement this subsection, including but not limited to both
25of the following:
26(1) The name and social security number of the individual.
27(2) Support obligation information in the specific case,
28including the amount of the delinquency.
2910. The review and adjustment, modification, or alteration
30of a support order pursuant to chapter 252H upon adoption of
31rules pursuant to chapter 17A and periodic notification, at
32a minimum of once every three years, to parents subject to a
33support order of their rights to these services.
3411. The unit Child support services shall not establish
35orders for spousal support. The unit Child support services
-586-1 shall enforce orders for spousal support only if the spouse is
2the custodial parent of a child for whom the unit child support
3services is also enforcing a child support or medical support
4order.
512. a. In compliance with federal procedures, periodically
6certify to the secretary of the United States department of
7health and human services, a list of the names of obligors
8determined by the unit child support services to owe delinquent
9support, under a support order as defined in section 252J.1, in
10excess of two thousand five hundred dollars. The certification
11of the delinquent amount owed may be based upon one or more
12support orders being enforced by the unit child support
13services if the delinquent support owed exceeds two thousand
14five hundred dollars. The certification shall include any
15amounts which are delinquent pursuant to the periodic payment
16plan when a modified order has been retroactively applied.
17The certification shall be in a format and shall include any
18supporting documentation required by the secretary.
19b. All of the following shall apply to an action initiated
20by the unit child support services under this subsection:
21(1) The obligor shall be sent a notice by regular mail in
22accordance with federal law and regulations and the notice
23shall remain in effect until support delinquencies have been
24paid in full.
25(2) The notice shall include all of the following:
26(a) A statement regarding the amount of delinquent support
27owed by the obligor.
28(b) A statement providing information that if the
29delinquency is in excess of two thousand five hundred dollars,
30the United States secretary of state may apply a passport
31sanction by revoking, restricting, limiting, or refusing to
32issue a passport as provided in 42 U.S.C. §652(k).
33(c) Information regarding the procedures for challenging
34the certification by the unit child support services.
35(3) (a) If the obligor chooses to challenge the
-587-1certification, the obligor shall notify the unit child support
2services within the time period specified in the notice to the
3obligor. The obligor shall include any relevant information
4with the challenge.
5(b) A challenge shall be based upon mistake of fact. For
6the purposes of this subsection, “mistake of fact” means a
7mistake in the identity of the obligor or a mistake in the
8amount of the delinquent child support owed if the amount did
9not exceed two thousand five hundred dollars on the date of the
10unit’s child support services’ decision on the challenge.
11(4) Upon timely receipt of the challenge, the unit child
12support services shall review the certification for a mistake
13of fact, or refer the challenge for review to the child support
14agency in the state chosen by the obligor as provided by
15federal law.
16(5) Following the unit’s child support services’ review of
17the certification, the unit child support services shall send
18a written decision to the obligor within ten days of timely
19receipt of the challenge.
20(a) If the unit child support services determines that
21a mistake of fact exists, the unit child support services
22 shall send notification in accordance with federal procedures
23withdrawing the certification for passport sanction.
24(b) If the unit child support services determines that a
25mistake of fact does not exist, the obligor may contest the
26determination within ten days following the issuance of the
27decision by submitting a written request for a contested case
28proceeding pursuant to chapter 17A.
29(6) Following issuance of a final decision under chapter
3017A that no mistake of fact exists, the obligor may request a
31hearing before the district court pursuant to chapter 17A. The
32department shall transmit a copy of its record to the district
33court pursuant to chapter 17A. The scope of the review by the
34district court shall be limited to demonstration of a mistake
35of fact. Issues related to visitation, custody, or other
-588-1provisions not related to the support provisions of a support
2order are not grounds for a hearing under this subsection.
3c. Following certification to the secretary, if the
4unit child support services determines that an obligor no
5longer owes delinquent support in excess of two thousand five
6hundred dollars, the unit child support services shall provide
7information and notice as the secretary requires to withdraw
8the certification for passport sanction.
913. a. Impose an annual fee, which shall be retained from
10support collected on behalf of the obligee, in accordance with
1142 U.S.C.§654(6)(B)(ii). The unit Child support services
12 shall send information regarding the requirements of this
13subsection by regular mail to the last known address of an
14affected obligee, or may include the information for an obligee
15in an application for services signed by the obligee. In
16addition, the unit child support services shall take steps
17necessary regarding the fee to qualify for federal funds in
18conformity with the provisions of Tit.IV-D of the federal
19Social Security Act, including receiving and accounting for
20fee payments, as appropriate, through the collection services
21center created in section 252B.13A.
22b. Fees collected pursuant to this subsection shall be
23considered repayment receipts as defined in section 8.2, and
24shall be used for the purposes of the unit child support
25services. The director shall maintain an accurate record of
26the fees collected and expended under this subsection.
27c. Until such time as a methodology to secure payment of
28the collections fee from the obligor is provided by law, an
29obligee may act pursuant to this paragraph to recover the
30collections fee from the obligor. If the unit child support
31services retains all or a portion of the collections fee
32imposed pursuant to paragraph “a” in a federal fiscal year,
33there is an automatic nonsupport judgment, in an amount equal
34to the amount retained, against the obligor payable to the
35obligee. This paragraph shall serve as constructive notice
-589-1that the fee amount, once retained, is an automatic nonsupport
2judgment against the obligor. The obligee may use any legal
3means, including the lien created by the nonsupport judgment,
4to collect the nonsupport judgment.
5 Sec. 892. Section 252B.6, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7In addition to the services enumerated in section 252B.5,
8the unit child support services may provide the following
9services in the case of a dependent child for whom public
10assistance is being provided:
11 Sec. 893. Section 252B.6, subsection 3, Code 2023, is
12amended to read as follows:
133. Appear on behalf of the state for the purpose of
14facilitating the modification of support awards consistent
15with guidelines established pursuant to section 598.21B,
16and Tit.IV-D of the federal Social Security Act. The unit
17 Child support services shall not otherwise participate in the
18proceeding.
19 Sec. 894. Section 252B.6A, Code 2023, is amended to read as
20follows:
21252B.6A External services.
221. Provided that the action is consistent with applicable
23federal law and regulation, an attorney licensed in this state
24shall receive compensation as provided in this section for
25support collected as the direct result of a judicial proceeding
26maintained by the attorney, if all of the following apply to
27the case:
28a. The unit Child support services is providing services
29under this chapter.
30b. The current support obligation is terminated and only
31arrearages are due under an administrative or court order and
32there has been no payment under the order for at least the
33twelve-month period prior to the provision of notice to the
34unit child support services by the attorney under this section.
35c. Support is assigned to the state based upon cash
-590-1assistance paid under chapter 239B, or its successor.
2d. The attorney has provided written notice to the central
3office of the unit child support services and to the obligee at
4the last known address of the obligee of the intent to initiate
5a specified judicial proceeding, at least thirty days prior to
6initiating the proceeding.
7e. The attorney has provided documentation to the unit child
8support services that the attorney is insured against loss
9caused by the attorney’s legal malpractice or acts or omissions
10of the attorney which result in loss to the state or other
11person.
12f. The collection is received by the collection services
13center within ninety days of provision of the notice to
14the unit child support services. An attorney may provide
15subsequent notices to the unit child support services to extend
16the time for receipt of the collection by subsequent ninety-day
17periods.
182. a. If, prior to February 15, 1998, notice is provided
19pursuant to subsection 1 to initiate a specific judicial
20proceeding, this section shall not apply to the proceeding
21unless the unit child support services consents to the
22proceeding.
23b. (1) If, on or after February 15, 1998, notice is
24provided pursuant to subsection 1 to initiate a specific
25judicial proceeding, this section shall apply to the proceeding
26only if the case is exempt from application of rules adopted
27by the department pursuant to subparagraph (2) which limit
28application of this section.
29(2) The department shall adopt rules which include, but
30are not limited to, exemption from application of this section
31to proceedings based upon, but not limited to, any of the
32following:
33(a) A finding of good cause pursuant to section 252B.3.
34(b) The existence of a support obligation due another state
35based upon public assistance provided by that state.
-591- 1(c) The maintaining of another proceeding by an attorney
2under this section for which the unit child support services
3 has not received notice that the proceeding has concluded or
4the ninety-day period during which a collection may be received
5pertaining to the same case has not yet expired.
6(d) The initiation of a seek employment action under section
7252B.21, and the notice from the attorney indicates that the
8attorney intends to pursue a contempt action.
9(e) Any other basis for exemption of a specified proceeding
10designated by rule which relates to collection and enforcement
11actions provided by the unit child support services.
123. The unit Child support services shall issue a response
13to the attorney providing notice within ten days of receipt of
14the notice. The response shall advise the attorney whether the
15case to which the specified judicial proceeding applies meets
16the requirements of this section.
174. For the purposes of this section, a “judicial proceeding”
18means an action to enforce support filed with a court of
19competent jurisdiction in which the court issues an order which
20identifies the amount of the support collection which is a
21direct result of the court proceeding. “Judicial proceedings”
22include but are not limited to those pursuant to chapters
23598, 626, 633, 642, 654, or 684 and also include contempt
24proceedings if the collection payment is identified in the
25court order as the result of such a proceeding. “Judicial
26proceedings” do not include enforcement actions which the unit
27 child support services is required to implement under federal
28law including, but not limited to, income withholding.
295. All of the following are applicable to a collection
30which is the result of a judicial proceeding which meets the
31requirements of this section:
32a. All payments made as the result of a judicial proceeding
33under this section shall be made to the clerk of the district
34court or to the collection services center and shall not be
35made to the attorney. Payments received by the clerk of the
-592-1district court shall be forwarded to the collection services
2center as provided in section 252B.15.
3b. The attorney shall be entitled to receive an amount
4which is equal to twenty-five percent of the support collected
5as the result of the specified judicial proceeding not to
6exceed the amount of the nonfederal share of assigned support
7collected as the result of that proceeding. The amount paid
8under this paragraph is the full amount of compensation due the
9attorney for a proceeding under this section and is in lieu
10of any attorney fees. The court shall not order the obligor
11to pay additional attorney fees. The amount of compensation
12calculated by the unit child support services is subject, upon
13application of the attorney, to judicial review.
14c. Any support collected shall be disbursed in accordance
15with federal requirements and any support due the obligee
16shall be disbursed to the obligee prior to disbursement to the
17attorney as compensation.
18d. The collection services center shall disburse
19compensation due the attorney only from the nonfederal share of
20assigned collections. The collection services center shall not
21disburse any compensation for court costs.
22e. The unit Child support services may delay disbursement
23to the attorney pending the resolution of any timely appeal by
24the obligor or obligee.
25f. Negotiation of a partial payment or settlement for
26support shall not be made without the approval of the unit
27 child support services and the obligee, as applicable.
286. The attorney initiating a judicial proceeding under this
29section shall notify the unit child support services when the
30judicial proceeding is completed.
317. a. An attorney who initiates a judicial proceeding under
32this section represents the state for the sole and limited
33purpose of collecting support to the extent provided in this
34section.
35b. The attorney is not an employee of the state and has no
-593-1right to any benefit or compensation other than as specified in
2this section.
3c. The state is not liable or subject to suit for any acts
4or omissions resulting in any damages as a consequence of the
5attorney’s acts or omissions under this section.
6d. The attorney shall hold the state harmless from any act
7or omissions of the attorney which may result in any penalties
8or sanctions, including those imposed under federal bankruptcy
9laws, and the state may recover any penalty or sanction imposed
10by offsetting any compensation due the attorney under this
11section for collections received as a result of any judicial
12proceeding initiated under this section.
13e. The attorney initiating a proceeding under this section
14does not represent the obligor.
158. The unit Child support services shall comply with all
16state and federal laws regarding confidentiality. The unit
17 Child support services may release to an attorney who has
18provided notice under this section, information regarding child
19support balances due, to the extent provided under such laws.
209. This section shall not be interpreted to prohibit
21the unit child support services from providing services or
22taking other actions to enforce support as provided under this
23chapter.
24 Sec. 895. Section 252B.7, Code 2023, is amended to read as
25follows:
26252B.7 Legal services.
271. The attorney general may perform the legal services for
28the child support recovery program services and may enforce
29all laws for the recovery of child support from responsible
30relatives. The attorney general may file and prosecute:
31a. Contempt of court proceedings to enforce any order of
32court pertaining to child support.
33b. Cases under chapter 252A, the support of dependents law.
34c. An information charging a violation of section 726.3,
35726.5 or 726.6.
-594- 1d. Any other lawful action which will secure collection of
2support for minor children.
32. For the purposes of subsection 1, the attorney general
4has the same power to commence, file and prosecute any action
5or information in the proper jurisdiction, which the county
6attorney could file or prosecute in that jurisdiction. This
7section does not relieve a county attorney from the county
8attorney’s duties, or the attorney general from the supervisory
9power of the attorney general, in the recovery of child
10support.
113. The unit Child support services may contract with
12a county attorney, the attorney general, a clerk of the
13district court, or another person or agency to collect support
14obligations and to administer the child support program
15established services required pursuant to this chapter.
16Notwithstanding section 13.7, the unit child support services
17 may contract with private attorneys for the prosecution of
18civil collection and recovery cases and may pay reasonable
19compensation and expenses to private attorneys for the
20prosecution services provided.
214. An attorney employed by or under contract with the child
22support recovery unit services represents and acts exclusively
23on behalf of the state when providing child support enforcement
24services. An attorney-client relationship does not exist
25between the attorney and an individual party, witness, or
26person other than the state, regardless of the name in which
27the action is brought.
28 Sec. 896. Section 252B.7A, Code 2023, is amended to read as
29follows:
30252B.7A Determining parent’s income.
311. The unit Child support services shall use any of the
32following in determining the amount of the net monthly income
33of a parent for purposes of establishing or modifying a support
34obligation:
35a. Income as identified in a signed statement of the
-595-1parent pursuant to section 252B.9, subsection 1, paragraph
2“b”. If evidence suggests that the statement is incomplete
3or inaccurate, the unit child support services may present
4the evidence to the court in a judicial proceeding or to the
5administrator director in a proceeding under chapter 252C or
6a comparable chapter, and the court or administrator director
7 shall weigh the evidence in setting the support obligation.
8Evidence includes but is not limited to income as established
9under paragraph “c”.
10b. If a sworn statement is not provided by the parent, the
11unit child support services may determine income as established
12under paragraph “c” or “d”.
13c. Income established by any of the following:
14(1) Income verified by an employer or payor of income.
15(2) Income reported to the department of workforce
16development.
17(3) For a public assistance recipient, income as reported to
18the department case worker assigned to the public assistance
19case.
20(4) Other written documentation which identifies income.
21d. By July 1, 1999, the department shall adopt rules for
22imputing income, whenever possible, based on the earning
23capacity of a parent who does not provide income information
24or for whom income information is not available. Until such
25time as the department adopts rules establishing a different
26standard for determining the income of a parent who does not
27provide income information or for whom income information
28is not available, the estimated state median income for a
29one-person family as published annually in the federal register
30for use by the federal office of community services, office of
31energy assistance, for the subsequent federal fiscal year.
32(1) This provision is effective beginning July 1, 1992,
33based upon the information published in the federal register
34dated March 8, 1991.
35(2) The unit Child support services may revise the estimated
-596-1income each October 1. If the estimate is not available or has
2not been published, the unit child support services may revise
3the estimate when it becomes available.
4e. When the income information obtained pursuant to this
5subsection does not include the information necessary to
6determine the net monthly income of the parent, the unit child
7support services may deduct twenty percent from the parent’s
8gross monthly income to arrive at the net monthly income
9figure.
102. The amount of the income determined may be challenged any
11time prior to the entry of a new or modified order for support.
123. If the child support recovery unit services is providing
13services pursuant to this chapter, the court shall use the
14income figure determined pursuant to this section when applying
15the guidelines to determine the amount of support.
164. The department may develop rules as necessary to further
17implement disclosure of financial information of the parties.
18 Sec. 897. Section 252B.7B, Code 2023, is amended to read as
19follows:
20252B.7B Informational materials provided by the unit child
21support services.
221. The unit Child support services shall prepare and make
23available to the public, informational materials which explain
24the unit’s child support services’ procedures including, but
25not limited to, procedures with regard to all of the following:
26a. Accepting applications for services.
27b. Locating individuals.
28c. Establishing paternity.
29d. Establishing support.
30e. Enforcing support.
31f. Modifying, suspending, or reinstating support.
32g. Terminating services.
332. The informational materials shall include general
34information about and descriptions of the processes involved
35relating to the services provided by the unit child support
-597-1services including application for services, fees for services,
2the responsibilities of the recipient of services, resolution
3of disagreements with the unit child support services, rights
4to challenge the actions of the unit child support services,
5and obtaining additional information.
6 Sec. 898. Section 252B.8, Code 2023, is amended to read as
7follows:
8252B.8 Central information center.
9The department shall establish within the unit child support
10services an information and administration coordinating center
11which shall serve as a registry for the receipt of information
12and for answering interstate inquiries concerning absent
13parents and shall coordinate and supervise unit child support
14services’ activities. The information and administration
15coordinating center shall promote cooperation between the
16unit child support services and law enforcement agencies to
17facilitate the effective operation of the unit child support
18services.
19 Sec. 899. Section 252B.9, Code 2023, is amended to read as
20follows:
21252B.9 Information and assistance from others — availability
22of records.
231. a. The director may request from state, county, and
24local agencies information and assistance deemed necessary to
25carry out the provisions of this chapter. State, county, and
26local agencies, officers, and employees shall cooperate with
27the unit child support services and shall on request supply the
28department with available information relative to the absent
29parent, the custodial parent, and any other necessary party,
30notwithstanding any provisions of law making this information
31confidential. The cooperation and information required by this
32subsection shall also be provided when it is requested by a
33child support agency. Information required by this subsection
34includes, but is not limited to, information relative to
35location, income, property holdings, records of licenses as
-598-1defined in section 252J.1, and records concerning the ownership
2and control of corporations, partnerships, and other business
3entities. If the information is maintained in an automated
4database, the unit child support services shall be provided
5automated access.
6b. Parents of a child on whose behalf support enforcement
7services are provided shall provide information regarding
8income, resources, financial circumstances, and property
9holdings to the department for the purpose of establishment,
10modification, or enforcement of a support obligation. The
11department may provide the information to parents of a child
12as needed to implement the requirements of section 598.21B,
13notwithstanding any provisions of law making this information
14confidential.
15c. Notwithstanding any provisions of law making this
16information confidential, all persons, including for-profit,
17nonprofit, and governmental employers, shall, on request,
18promptly supply the unit child support services or a child
19support agency information on the employment, compensation,
20and benefits of any individual employed by such person as
21an employee or contractor with relation to whom the unit
22 child support services or a child support agency is providing
23services.
24d. Notwithstanding any provisions of law making this
25information confidential, the unit child support services may
26subpoena or a child support agency may use the administrative
27subpoena form promulgated by the secretary of the United
28States department of health and human services under 42 U.S.C.
29§652(a)(11)(C), to obtain any of the following:
30(1) Books, papers, records, or information regarding any
31financial or other information relating to a paternity or
32support proceeding.
33(2) Certain records held by public utilities, cable or
34other television companies, cellular telephone companies, and
35internet service providers with respect to individuals who
-599-1owe or are owed support, or against or with respect to whom
2a support obligation is sought, consisting of the names and
3addresses of such individuals and the names and addresses of
4the employers of such individuals, as appearing in customer
5records, and including the cellular telephone numbers of such
6individuals appearing in the customer records of cellular
7telephone companies. If the records are maintained in
8automated databases, the unit child support services shall be
9provided with automated access.
10e. The unit Child support services or a child support agency
11may subpoena information for one or more individuals.
12f. If the unit child support services or a child support
13agency issues a request under paragraph “c”, or a subpoena under
14paragraph “d”, all of the following shall apply:
15(1) The unit Child support services or a child support
16agency may issue a request or subpoena to a person by sending
17it by regular mail. Proof of service may be completed
18according to rule of civil procedure 1.442.
19(2) A person who is not a parent or putative father in a
20paternity or support proceeding, who is issued a request or
21subpoena, shall be provided an opportunity to refuse to comply
22for good cause by filing a request for a conference with the
23unit child support services or a child support agency in the
24manner and within the time specified in rules adopted pursuant
25to subparagraph (7).
26(3) Good cause shall be limited to mistake in the identity
27of the person, or prohibition under federal law to release such
28information.
29(4) After the conference the unit child support services
30 shall issue a notice finding that the person has good cause
31for refusing to comply, or a notice finding that the person
32does not have good cause for failing to comply. If the person
33refuses to comply after issuance of notice finding lack of good
34cause, or refuses to comply and does not request a conference,
35the person is subject to a penalty of one hundred dollars per
-600-1refusal.
2(5) If the person fails to comply with the request or
3subpoena, fails to request a conference, and fails to pay a
4penalty imposed under subparagraph (4), the unit child support
5services may petition the district court to compel the person
6to comply with this paragraph. If the person objects to
7imposition of the penalty, the person may seek judicial review
8by the district court.
9(6) If a parent or putative father fails to comply with a
10subpoena or request for information, the provisions of chapter
11252J shall apply.
12(7) The unit Child support services may adopt rules pursuant
13to chapter 17A to implement this section.
14g. Notwithstanding any provisions of law making this
15information confidential, the unit child support services
16 or a child support agency shall have access to records and
17information held by financial institutions with respect to
18individuals who owe or are owed support, or with respect to
19whom a support obligation is sought including information on
20assets and liabilities. If the records are maintained in
21automated databases, the unit child support services shall
22be provided with automated access. For the purposes of this
23section, “financial institution” means financial institution as
24defined in section 252I.1.
25h. Notwithstanding any law to the contrary, the unit
26 child support services and a child support agency shall have
27access to any data maintained by the state of Iowa which
28contains information that would aid the agency in locating
29individuals. Such information shall include, but is not
30limited to, driver’s license, motor vehicle, and criminal
31justice information. However, the information does not include
32criminal investigative reports or intelligence files maintained
33by law enforcement. The unit Child support services and a
34 child support agency shall use or disclose the information
35obtained pursuant to this paragraph only in accordance with
-601-1subsection 3. Criminal history records maintained by the
2department of public safety shall be disclosed in accordance
3with chapter 692. The unit Child support services shall also
4have access to the protective order file maintained by the
5department of public safety.
6i. Liability shall not arise under this subsection with
7respect to any disclosure by a person as required by this
8subsection, and no advance notice from the unit child support
9services or a child support agency is required prior to
10requesting information or assistance or issuing a subpoena
11under this subsection.
12j. Notwithstanding any provision of law making this
13information confidential, data provided to the department by an
14insurance carrier under section 505.25 shall also be provided
15to the unit child support services. Provision of data to the
16unit child support services under this paragraph shall not
17require an agreement or modification of an agreement between
18the department and an insurance carrier, but the provisions
19of this section applicable to information received by the
20unit child support services shall apply to the data received
21pursuant to section 505.25 in lieu of any confidentiality,
22privacy, disclosure, use, or other provisions of an agreement
23between the department and an insurance carrier.
242. Notwithstanding other statutory provisions to the
25contrary, including but not limited to chapters 22 and 217, as
26the chapters relate to confidentiality of records maintained by
27the department, the payment records of the collection services
28center maintained under section 252B.13A may be released,
29except when prohibited by federal law or regulation, only as
30follows:
31a. Payment records of the collection services center may
32be released upon request for the administration of a plan or
33program approved for the supplemental nutrition assistance
34program or under Tit.IV, XIX, or XXI of the federal Social
35Security Act, as amended, and as otherwise permitted under Tit.
-602-1IV-D of the federal Social Security Act, as amended. A payment
2record shall not include address or location information.
3b. The department may release details related to payment
4records or provide alternative formats for release of the
5information for the administration of a plan or program under
6Tit.IV-D of the federal Social Security Act, as amended,
7including as follows:
8(1) The unit Child support services or the collection
9services center may provide detail or present the information
10in an alternative format to an individual or to the
11individual’s legal representative if the individual owes or is
12owed a support obligation, to an agency assigned the obligation
13as the result of receipt by a party of public assistance, to an
14agency charged with enforcing child support pursuant to Tit.
15IV-D of the federal Social Security Act, as amended, or to the
16court.
17(2) For support orders entered in Iowa which are being
18enforced by the unit child support services, the unit child
19support services may compile and make available for publication
20a listing of cases in which no payment has been credited to
21an accrued or accruing support obligation during a previous
22three-month period. Each case on the list shall be identified
23only by the name of the support obligor, the address, if known,
24of the support obligor, unless the information pertaining
25to the address of the support obligor is protected through
26confidentiality requirements established by law and has not
27otherwise been verified with the unit child support services,
28the support obligor’s court order docket or case number, the
29county in which the obligor’s support order is filed, the
30collection services center case numbers, and the range within
31which the balance of the support obligor’s delinquency is
32established. The department shall determine dates for the
33release of information, the specific format of the information
34released, and the three-month period used as a basis for
35identifying cases. The department may not release the
-603-1information more than twice annually. In compiling the listing
2of cases, no prior public notice to the obligor is required,
3but the unit child support services may send notice annually
4by mail to the current known address of any individual owing a
5support obligation which is being enforced by the unit child
6support services. The notice shall inform the individual of
7the provisions of this subparagraph. Actions taken pursuant to
8this subparagraph are not subject to review under chapter 17A,
9and the lack of receipt of a notice does not prevent the unit
10 child support services from proceeding in implementing this
11subparagraph.
12(3) The provisions of subparagraph (2) may be applied to
13support obligations entered in another state, at the request
14of a child support agency if the child support agency has
15demonstrated that the provisions of subparagraph (2) are not
16in conflict with the laws of the state where the support
17obligation is entered and the unit child support services is
18enforcing the support obligation.
19(4) Records relating to the administration, collection, and
20enforcement of surcharges pursuant to section 252B.23 which are
21recorded by the unit child support services or a collection
22entity shall be confidential records except that information,
23as necessary for support collection and enforcement, may be
24provided to other governmental agencies, the obligor or the
25resident parent, or a collection entity under contract with
26the unit child support services unless otherwise prohibited
27by the federal law. A collection entity under contract with
28the unit child support services shall use information obtained
29for the sole purpose of fulfilling the duties required under
30the contract, and shall disclose any records obtained by the
31collection entity to the unit child support services for use in
32support establishment and enforcement.
333. Notwithstanding other statutory provisions to the
34contrary, including but not limited to chapters 22 and 217,
35as the chapters relate to the confidentiality of records
-604-1maintained by the department, information recorded by the
2department pursuant to this section or obtained by the unit
3 child support services is confidential and, except when
4prohibited by federal law or regulation, may be used or
5disclosed as provided in subsection 1, paragraphs “b” and “h”,
6and subsection 2, and as follows:
7a. The attorney general may utilize the information
8to secure, modify, or enforce a support obligation of an
9individual.
10b. This subsection shall not permit or require the release
11of information, except to the extent provided in this section.
12c. The unit Child support services may release or disclose
13information as necessary to provide services under section
14252B.5, as provided by chapter 252G, as provided by Tit.IV-D
15of the federal Social Security Act, as amended, or as required
16by federal law.
17d. The unit Child support services may release information
18under section 252B.9A to meet the requirements of Tit.IV-D of
19the federal Social Security Act for parent locator services.
20e. Information may be released if directly connected with
21any of the following:
22(1) The administration of a plan or program approved for
23the supplemental nutrition assistance program or under Tit.IV,
24XIX, or XXI of the federal Social Security Act, as amended.
25(2) Any investigations, prosecutions, or criminal or civil
26proceeding conducted in connection with the administration of
27any such plan or program.
28(3) Reporting to an appropriate agency or official of
29any such plan or program, information on known or suspected
30instances of physical or mental injury, sexual abuse or
31exploitation, or negligent treatment or maltreatment of a child
32who is the subject of a child support enforcement action under
33circumstances which indicate that the child’s health or welfare
34is threatened.
35f. Information may be released to courts having jurisdiction
-605-1in support proceedings. If a court issues an order, which is
2not entered under section 252B.9A, directing the unit child
3support services to disclose confidential information, the unit
4 child support services may file a motion to quash pursuant to
5this chapter, Tit.IV-D of the federal Social Security Act, or
6other applicable law.
7g. The child Child support recovery unit services may
8release information for the administration of a plan or program
9approved for the supplemental nutrition assistance program or
10under Tit.IV, XIX, or XXI of the federal Social Security Act,
11as amended, specified under subsection 2 or this subsection, to
12the extent the release of information does not interfere with
13the unit child support services meeting its own obligations
14under Tit.IV-D of the federal Social Security Act, as amended,
15and subject to requirements prescribed by the federal office
16of child support enforcement of the United States department
17of health and human services.
18h. For purposes of this subsection, “party” means an absent
19parent, obligor, resident parent, or other necessary party.
20i. If the unit child support services receives notification
21under this paragraph, the unit child support services shall
22notify the federal parent locator service as required by
23federal law that there is reasonable evidence of domestic
24violence or child abuse against a party or a child and that the
25disclosure of information could be harmful to the party or the
26child. The notification to the federal parent locator service
27shall be known as notification of a disclosure risk indicator.
28For purposes of this paragraph, the unit child support services
29 shall notify the federal parent locator service of a disclosure
30risk indicator only if at least one of the following applies:
31(1) The unit Child support services receives notification
32that the department, or comparable agency of another state, has
33made a finding of good cause or other exception as provided in
34section 252B.3, or comparable law of another state.
35(2) The unit Child support services receives and, through
-606-1automation, matches notification from the department of public
2safety or the unit child support services receives notification
3from a court of this or another state, that a court has issued
4a protective order or no-contact order against a party with
5respect to another party or child.
6(3) The unit Child support services receives notification
7that a court has dismissed a petition for specified
8confidential information pursuant to section 252B.9A.
9(4) The unit Child support services receives a copy, regular
10on its face, of a notarized affidavit or a pleading, which was
11signed by and made under oath by a party, under chapter 252K,
12the uniform interstate family support Act, or the comparable
13law of another state, alleging the health, safety, or liberty
14of the party or child would be jeopardized by the disclosure
15of specific identifying information unless a tribunal under
16chapter 252K, the uniform interstate family support Act, or
17the comparable law of another state, ordered the identifying
18information of a party or child be disclosed.
19(5) The unit Child support services receives and, through
20automation, matches notification from the division of child and
21family services of the department, or the unit child support
22services receives notification from a comparable agency of
23another state, of a founded allegation of child abuse, or a
24comparable finding under the law of the other state.
25(6) The unit Child support services receives notification
26that an individual has an exemption from cooperation with child
27support enforcement under a family investment program safety
28plan which addresses family or domestic violence.
29(7) The unit Child support services receives notification
30that an individual is a certified program participant as
31provided in chapter 9E.
32(8) The unit Child support services receives notification,
33as the result of a request under section 252B.9A, of the
34existence of any finding, order, affidavit, pleading, safety
35plan, certification, or founded allegation referred to in
-607-1subparagraphs (1) through (7) of this paragraph.
2j. The unit Child support services may provide information
3regarding delinquent obligors as provided in 42 U.S.C.
4§666(a)(7) to a consumer reporting agency if all the following
5apply:
6(1) The agency provides the unit child support services with
7satisfactory evidence that it is a consumer reporting agency
8as defined in 15 U.S.C. §1681a(f) and meets all the following
9requirements:
10(a) Compiles and maintains files on consumers on a
11nationwide basis as provided in 15 U.S.C. §1681a(p).
12(b) Participates jointly with other nationwide consumer
13reporting agencies in providing annual free credit reports to
14consumers upon request through a centralized source as required
15by the federal trade commission in 16 C.F.R. §610.2.
16(2) The agency has entered into an agreement with the
17unit child support services regarding receipt and use of the
18information.
194. Nothing in this chapter, chapter 252A, 252C, 252D,
20252E, 252F, 252G, 252H, 252I, 252J, or 252K, or any other
21comparable chapter or law shall preclude the unit child support
22services from exchanging any information, notice, document, or
23certification with any government or private entity, if the
24exchange is not otherwise prohibited by law, through mutually
25agreed upon electronic data transfer rather than through other
26means.
27 Sec. 900. Section 252B.9A, Code 2023, is amended to read as
28follows:
29252B.9A Disclosure of confidential information — authorized
30person — court.
311. A person, except a court or government agency, who
32is an authorized person to receive specified confidential
33information under 42 U.S.C. §653, may submit a written request
34to the unit child support services for disclosure of specified
35confidential information regarding a nonrequesting party. The
-608-1written request shall comply with federal law and regulations,
2including any attestation and any payment to the federal office
3of child support enforcement of the United States department
4of health and human services required by federal law or
5regulation, and shall include a sworn statement attesting to
6the reason why the requester is an authorized person under
742 U.S.C. §653, including that the requester would use the
8confidential information only for purposes permitted in that
9section.
102. Upon receipt of a request from an authorized person
11which meets all of the requirements under subsection 1, the
12unit child support services shall search available records as
13permitted by law or shall request the information from the
14federal parent locator service as provided in 42 U.S.C. §653.
15a. If the unit child support services locates the specified
16confidential information, the unit child support services shall
17disclose the information to the extent permitted under federal
18law, unless one of the following applies:
19(1) There is a notice from the federal parent locator
20service that there is reasonable evidence of domestic violence
21or child abuse pursuant to 42 U.S.C. §653(b)(2).
22(2) The unit Child support services has notified the federal
23parent locator service of a disclosure risk indicator as
24provided in section 252B.9, subsection 3, paragraph “i”, and has
25not removed that notification.
26(3) The unit Child support services receives notice of a
27basis for a disclosure risk indicator listed in section 252B.9,
28subsection 3, paragraph “i”, within twenty days of sending a
29notice of the request to the subject of the request by regular
30mail.
31b. If the unit child support services locates the specified
32confidential information, but the unit child support services
33 is prohibited from disclosing confidential information under
34paragraph “a”, the unit child support services shall deny the
35request and notify the requester of the denial in writing.
-609-1Upon receipt of a written notice from the unit child support
2services denying the request, the requester may file a petition
3in district court for an order directing the unit child support
4services to release the requested information to the court as
5provided in subsection 3.
63. A person may file a petition in district court for
7disclosure of specified confidential information. The petition
8shall request that the court direct the unit child support
9services to release specified confidential information to
10the court, that the court make a determination of harm if
11appropriate, and that the court release specified confidential
12information to the petitioner.
13a. The petition shall include a sworn statement attesting
14to the intended use of the information by the petitioner as
15allowed by federal law. Such statement may specify any of the
16following intended uses:
17(1) To establish parentage, or to establish, set the amount
18of, modify, or enforce a child support obligation.
19(2) To make or enforce a child custody or visitation
20determination or order.
21(3) To carry out the duty or authority of the petitioner to
22investigate, enforce, or bring a prosecution with respect to
23the unlawful taking or restraint of a child.
24b. Upon the filing of a petition, the court shall enter an
25order directing the unit child support services to release to
26the court within thirty days specified confidential information
27which the unit child support services would be permitted to
28release under 42 U.S.C. §653 and 42 U.S.C. §663, unless one of
29the following applies:
30(1) There is a notice from the federal parent locator
31service that there is reasonable evidence of domestic violence
32or child abuse pursuant to 42 U.S.C. §653(b)(2).
33(2) The unit Child support services has notified the federal
34parent locator service of a disclosure risk indicator as
35provided in section 252B.9, subsection 3, paragraph “i”, and has
-610-1not removed that notification.
2(3) The unit Child support services receives notice of a
3basis for a disclosure risk indicator listed in section 252B.9,
4subsection 3, paragraph “i”, within twenty days of sending
5notice of the order to the subject of the request by regular
6mail. The unit Child support services shall include in the
7notice to the subject of the request a copy of the court order
8issued under this paragraph.
9c. Upon receipt of the order, the unit child support
10services shall comply as follows:
11(1) If the unit child support services has the specified
12confidential information, and none of the domestic violence,
13child abuse, or disclosure risk indicator provisions of
14paragraph “b” applies, the unit child support services shall
15file the confidential information with the court along with
16a statement that the unit child support services has not
17received any notice that the domestic violence, child abuse, or
18disclosure risk indicator provisions of paragraph “b” apply.
19The unit Child support services shall be granted at least
20thirty days to respond to the order. The court may extend
21the time for the unit child support services to comply. Upon
22receipt by the court of the confidential information under
23this subparagraph, the court may order the release of the
24information to the petitioner.
25(2) If the unit child support services has the specified
26confidential information, and the domestic violence, child
27abuse, or disclosure risk indicator provision of paragraph “b”
28applies, the unit child support services shall file with the
29court a statement that the domestic violence, child abuse,
30or disclosure risk indicator provision of paragraph “b”
31applies, along with any information the unit child support
32services has received related to the domestic violence, child
33abuse, or disclosure risk indicator. The unit Child support
34services shall be granted at least thirty days to respond to
35the order. The court may extend the time for the unit child
-611-1support services to comply. Upon receipt by the court of
2information from the unit child support services under this
3subparagraph, the court shall make a finding whether disclosure
4of confidential information to any other person could be
5harmful to the nonrequesting party or child. In making the
6finding, the court shall consider any relevant information
7provided by the parent or child, any information provided by
8the unit child support services or by a child support agency,
9any information provided by the petitioner, and any other
10relevant evidence. The unit Child support services or unit’s
11 a child support services’ attorney does not represent any
12individual person in this proceeding.
13(a) If the court finds that disclosure of confidential
14information to any other person could be harmful to the
15nonrequesting party or child, the court shall dismiss the
16petition for disclosure and notify the unit child support
17services to notify the federal parent locator service of a
18disclosure risk indicator.
19(b) If the court does not find that disclosure of specified
20confidential information to any other person could be harmful
21to the nonrequesting party or child, the court shall notify the
22unit child support services to file the specified confidential
23information with the court. Upon receipt by the court of the
24specified confidential information, the court may release the
25information to the petitioner and inform the unit child support
26services to remove the disclosure risk indicator.
27(3) If the unit child support services does not have the
28specified confidential information and cannot obtain the
29information from the federal parent locator service, the unit
30 child support services shall comply with the order by notifying
31the court of the lack of information.
324. The confidential information which may be released by
33the unit child support services to a party under subsection
342, or by the unit child support services to the court under
35subsection 3, shall be limited by the federal Social Security
-612-1Act and other applicable federal law, and the unit child
2support services may use the sworn statement filed pursuant to
3subsection 1 or 3 in applying federal law. Any information
4filed with the court by the unit child support services, when
5certified over the signature of a designated employee, shall
6be considered to be satisfactorily identified and shall be
7admitted as evidence, without requiring third-party foundation
8testimony. Additional proof of the official character of the
9person certifying the document or the authenticity of the
10person’s signature shall not be required.
115. When making a request for confidential information under
12this section, a party or petitioner shall indicate the specific
13information requested.
146. For purposes of this section, “party” means party as
15defined in section 252B.9, subsection 3.
167. The unit Child support services may adopt rules pursuant
17to chapter 17A to prescribe provisions in addition to or in
18lieu of the provisions of this section to comply with federal
19requirements for parent locator services or the safeguarding
20of information.
21 Sec. 901. Section 252B.11, Code 2023, is amended to read as
22follows:
23252B.11 Recovery of costs of collection services.
24The unit Child support services may initiate necessary civil
25proceedings to recover the unit’s child support services’ costs
26of support collection services provided to an individual,
27whether or not the individual is a public assistance recipient,
28from an individual who owes and is able to pay a support
29obligation but willfully fails to pay the obligation. The unit
30 Child support services may seek a lump sum recovery of the
31unit’s child support services’ costs or may seek to recover the
32unit’s child support services’ costs through periodic payments
33which are in addition to periodic support payments. If the
34unit’s child support services’ costs are recovered from an
35individual owing a support obligation, the costs shall not be
-613-1deducted from the amount of support money received from the
2individual. The costs collected pursuant to this section shall
3be retained by the department for use by the unit child support
4services. The director or a designee shall keep an accurate
5record of funds so retained.
6 Sec. 902. Section 252B.13A, Code 2023, is amended to read
7as follows:
8252B.13A Collection services center.
91. The department shall establish within the unit child
10support services a collection services center for the receipt
11and disbursement of support payments as defined in section
12252D.16 or 598.1 as required for orders by section 252B.14.
13For purposes of this section, support payments do not include
14attorney fees, court costs, or property settlements. The
15center may also receive and disburse surcharges as provided in
16section 252B.23.
172. a. The collection services center shall meet the
18requirements for a state disbursement unit pursuant to 42
19U.S.C. §654b, section 252B.14, and this section by October 1,
201999.
21b. Prior to October 1, 1999, the department and the
22judicial branch shall enter into a cooperative agreement for
23implementation of the state disbursement unit requirement. The
24agreement shall include, but is not limited to, provisions for
25all of the following:
26(1) Coordination with the state case registry created in
27section 252B.24.
28(2) The receipt and disbursement of income withholding
29payments for orders not receiving services from the unit child
30support services pursuant to section 252B.14, subsection 4.
31(3) The transmission of information, orders, and documents,
32and access to information.
33(4) Furnishing, upon request, timely information on the
34current status of support payments as provided in 42 U.S.C.
35§654b(b)(4), in a manner consistent with state law.
-614- 1(5) The notification of payors of income to direct income
2withholding payments to the collection services center as
3provided in section 252B.14, subsection 4.
4 Sec. 903. Section 252B.14, subsections 2 and 5, Code 2023,
5are amended to read as follows:
62. For support orders being enforced by the child support
7recovery unit services, support payments made pursuant to the
8order shall be directed to and disbursed by the collection
9services center or, as appropriate, a comparable government
10entity in another state as provided in chapter 252K.
115. If the collection services center is receiving and
12disbursing payments pursuant to a support order, but the unit
13 child support services is not providing other services under
14Tit.IV-D of the federal Social Security Act, or if the order
15is not being enforced by the unit child support services,
16the parties to that order are not considered to be receiving
17services under this chapter.
18 Sec. 904. Section 252B.15, subsection 1, Code 2023, is
19amended to read as follows:
201. The collection services center shall notify the clerk
21of the district court of any order for which the child support
22recovery unit services is providing enforcement services. The
23clerk of the district court shall forward any support payment
24made pursuant to the order, along with any support payment
25information, to the collection services center. Unless the
26agreement developed pursuant to section 252B.13A otherwise
27provides, the clerk of the district court shall forward any
28support payment made and any support payment information
29provided through income withholding pursuant to chapter 252D,
30to the collection services center. The collection services
31center shall process and disburse the payment in accordance
32with federal requirements.
33 Sec. 905. Section 252B.16, Code 2023, is amended to read as
34follows:
35252B.16 Transfer of support order processing responsibilities
-615-1— ongoing procedures.
21. For a support order being processed by the clerk of
3the district court, upon notification that the unit child
4support services is providing enforcement services related to
5the order, the clerk of the district court shall immediately
6transfer the responsibility for the disbursement of support
7payments received pursuant to the order to the collection
8services center.
92. The department shall adopt rules pursuant to chapter
1017A to ensure that the affected parties are notified that
11the support payment disbursement responsibilities have been
12transferred to the collection services center from the clerk
13of the district court. The rules shall include a provision
14requiring that a notice shall be sent by regular mail to the
15last known addresses of the obligee and the obligor. The
16issuance of notice to the obligor is the equivalent of a court
17order requiring the obligor to direct payment to the collection
18services center for disbursement.
193. Once the responsibility for receiving and disbursing
20support payments has been transferred from a clerk of the
21district court to the collection services center, the
22responsibility shall remain with the collection services
23center even if the child support recovery unit services is no
24longer providing enforcement services, unless redirected by
25court order. However, the responsibility for receiving and
26disbursing income withholding payments shall not be redirected
27to a clerk of the district court.
284. As provided in sections 252K.307 and 252K.319, the unit
29 child support services may issue and file with the clerk of
30the district court, a notice redirecting support payments to
31a comparable government entity responsible for the processing
32and disbursement of support payments in another state. The
33unit Child support services shall send a copy of the notice by
34regular mail to the last known addresses of the obligor and
35obligee and, where applicable, shall notify the payor of income
-616-1to make payments as specified in the notice. The issuance
2and filing of the notice is the equivalent of a court order
3redirecting support.
4 Sec. 906. Section 252B.17A, Code 2023, is amended to read
5as follows:
6252B.17A Imaging or photographic copies — originals
7destroyed.
81. If the unit child support services, in the regular
9course of business or activity, has recorded or received any
10memorandum, writing, entry, print, document, representation,
11or combination thereof, of any act, transaction, occurrence,
12event, or communication from any source, and in the regular
13course of business has caused any or all of the same to
14be recorded, copied, or reproduced by any photographic,
15photostatic, microfilm, microcard, miniature photographic,
16electronic imaging, electronic data processing, or other
17process which accurately reproduces or forms a durable
18medium for accurately and legibly reproducing an unaltered
19image or reproduction of the original, the original may be
20destroyed. Such reproduction, when satisfactorily identified,
21is as admissible in evidence as the original itself in any
22judicial or administrative proceeding whether the original is
23in existence or not and an enlargement or facsimile of such
24reproduction is likewise admissible in evidence if the original
25recording, copy, or reproduction is in existence and available
26for inspection. The introduction of a reproduced record,
27enlargement, or facsimile, does not preclude admission of the
28original.
292. The electronically imaged, copied, or otherwise
30reproduced record or document maintained or received by the
31unit child support services, when certified over the signature
32of a designated employee of the unit child support services,
33shall be considered to be satisfactorily identified. Certified
34documents are deemed to have been imaged or copied or otherwise
35reproduced accurately and unaltered in the regular course of
-617-1business, and such documents are admissible in any judicial or
2administrative proceeding as evidence. Additional proof of
3the official character of the person certifying the record or
4authenticity of the person’s signature shall not be required.
5Whenever the unit child support services or an employee of the
6unit child support services is served with a summons, subpoena,
7subpoena duces tecum, or order directing production of such
8records, the unit child support services or the employee may
9comply by transmitting a copy of the record certified as
10described above to the district court.
11 Sec. 907. Section 252B.20, Code 2023, is amended to read as
12follows:
13252B.20 Suspension of support — request by mutual consent.
141. If the unit child support services is providing child
15support enforcement services pursuant to this chapter, the
16parents of a dependent child for whom support has been ordered
17pursuant to chapter 252A, 252C, 252F, 598, 600B, or any other
18chapter, may jointly request the assistance of the unit child
19support services in suspending the obligation for support if
20all of the following conditions exist:
21a. The parents have reconciled and are cohabiting, and
22the child for whom support is ordered is living in the same
23residence as the parents, or the child is currently residing
24with the parent who is ordered to pay support. If the basis for
25suspension under this paragraph applies to at least one but not
26all of the children for whom support is ordered, the condition
27of this paragraph is met only if the support order includes a
28step change.
29b. The child for whom support is ordered is not receiving
30public assistance pursuant to chapter 239B, 249A, or a
31comparable law of another state or foreign country, unless the
32person against whom support is ordered is considered to be a
33member of the same household as the child for the purposes of
34public assistance eligibility.
35c. The parents have signed a notarized affidavit attesting
-618-1to the conditions under paragraphs “a” and “b”, have consented
2to suspension of the support order or obligation, and have
3submitted the affidavit to the unit child support services.
4d. No prior request for suspension has been filed with
5the unit child support services under this section and no
6prior request for suspension has been served by the unit child
7support services under section 252B.20A during the two-year
8period preceding the request.
9e. Any other criteria established by rule of the department.
102. Upon receipt of the application for suspension and
11properly executed and notarized affidavit, the unit child
12support services shall review the application and affidavit to
13determine that the necessary criteria have been met. The unit
14 Child support services shall then do one of the following:
15a. Deny the request and notify the parents in writing
16that the application is being denied, providing reasons for
17the denial and notifying the parents of the right to proceed
18through private counsel. Denial of the application is not
19subject to contested case proceedings or further review
20pursuant to chapter 17A.
21b. Approve the request and prepare an order which shall be
22submitted, along with the affidavit, to a judge of a district
23court for approval, suspending the accruing support obligation
24and, if requested by the obligee, and if not prohibited by
25chapter 252K, satisfying the obligation of support due the
26obligee. If the basis for suspension applies to at least one
27but not all of the children for whom support is ordered and the
28support order includes a step change, the unit child support
29services shall prepare an order suspending the accruing support
30obligation for each child to whom the basis for suspension
31applies.
323. An order approved by the court for suspension of an
33accruing support obligation is effective upon the date of
34filing of the suspension order. The satisfaction of an
35obligation of support due the obligee shall be final upon the
-619-1filing of the suspension order. A support obligation which is
2satisfied is not subject to the reinstatement provisions of
3this section.
44. An order suspending an accruing support obligation
5entered by the court pursuant to this section shall be
6considered a temporary order for the period of six months from
7the date of filing of the suspension order. However, the
8six-month period shall not include any time during which an
9application for reinstatement is pending before the court.
105. During the six-month period the unit child support
11services may request that the court reinstate the accruing
12support order or obligation if any of the following conditions
13exist:
14a. Upon application to the unit child support services by
15either parent or other person who has physical custody of the
16child.
17b. Upon the receipt of public assistance benefits, pursuant
18to chapter 239B, 249A, or a comparable law of another state
19or foreign country, by the person entitled to receive support
20and the child on whose behalf support is paid, provided that
21the person owing the support is not considered to be a member
22of the same household as the child for the purposes of public
23assistance eligibility.
246. If a condition under subsection 5 exists, the unit
25 child support services may request that the court reinstate an
26accruing support obligation as follows:
27a. If the basis for the suspension no longer applies to any
28of the children for whom an accruing support obligation was
29suspended, the unit child support services shall request that
30the court reinstate the accruing support obligations for all of
31the children.
32b. If the basis for the suspension continues to apply to
33at least one but not all of the children for whom an accruing
34support obligation was suspended and if the support order
35includes a step change, the unit child support services
-620-1 shall request that the court reinstate the accruing support
2obligation for each child for whom the basis for the suspension
3no longer applies.
47. Upon filing of an application for reinstatement, service
5of the application shall be made either in person or by first
6class mail upon both parents. Within ten days following the
7date of service, the parents may file a written objection with
8the clerk of the district court to the entry of an order for
9reinstatement.
10a. If no objection is filed, the court may enter an order
11reinstating the accruing support obligation without additional
12notice.
13b. If an objection is filed, the clerk of court shall set
14the matter for hearing and send notice of the hearing to both
15parents and the unit child support services.
168. The reinstatement is effective as follows:
17a. For reinstatements initiated under subsection 5,
18paragraph “a”, the date the notices were served on both parents
19pursuant to subsection 7.
20b. For reinstatements initiated under subsection 5,
21paragraph “b”, the date the child began receiving public
22assistance benefits during the suspension of the obligation.
23c. Support which became due during the period of suspension
24but prior to the reinstatement is waived and not due and owing
25unless the parties requested and agreed to the suspension under
26false pretenses.
279. If the order suspending a support obligation has been
28on file with the court for a period exceeding six months as
29computed pursuant to subsection 4, the order becomes final by
30operation of law and terminates the support obligation, and
31thereafter, a party seeking to establish a support obligation
32against either party shall bring a new action for support as
33provided by law.
3410. This section shall not limit the rights of the parents
35or the unit child support services to proceed by other means to
-621-1suspend, terminate, modify, reinstate, or establish support.
211. This section does not provide for the suspension or
3retroactive modification of support obligations which accrued
4prior to the entry of an order suspending enforcement and
5collection of support pursuant to this section. However, if in
6the application for suspension, an obligee elects to satisfy an
7obligation of accrued support due the obligee, the suspension
8order may satisfy the obligation of accrued support due the
9obligee.
1012. Nothing in this section shall prohibit or limit the
11unit child support services or a party entitled to receive
12support from enforcing and collecting any unpaid or unsatisfied
13support that accrued prior to the suspension of the accruing
14obligation.
1513. For the purposes of chapter 252H, subchapter II,
16regarding the criteria for a review or for a cost-of-living
17alteration under chapter 252H, subchapter IV, if a support
18obligation is terminated or reinstated under this section,
19such termination or reinstatement shall not be considered a
20modification of the support order.
2114. As used in this section, unless the context otherwise
22requires, “step change” means a change designated in a support
23order specifying the amount of the child support obligation
24as the number of children entitled to support under the order
25changes.
2615. As specified in this section, if the child for whom
27support is ordered is not receiving public assistance pursuant
28to chapter 239B, 249A, or a comparable law of another state
29or foreign country, upon agreement of the parents, the unit
30 child support services may facilitate the suspension of the
31child support order or obligation if the child is residing
32with a caretaker, who is a natural person, and who has not
33requested the unit child support services to provide services
34under this chapter. The parents and the caretaker shall sign
35a notarized affidavit attesting to the conditions under this
-622-1section, consent to the suspension of the support order or
2obligation, and submit the affidavit to the unit child support
3services. Upon the receipt of public assistance benefits
4pursuant to chapter 239B, 249A, or a comparable law of another
5state or foreign country, by the child on whose behalf support
6is ordered, or upon application to the unit child support
7services by either parent or the caretaker, the unit child
8support services may, within the time periods specified in this
9section, request the reinstatement of the accruing support
10order or obligation pursuant to this section.
1116. The department may adopt all necessary and proper rules
12to administer and interpret this section.
13 Sec. 908. Section 252B.20A, Code 2023, is amended to read
14as follows:
15252B.20A Suspension of support — request by one party.
161. If the unit child support services is providing child
17support enforcement services pursuant to this chapter, the
18obligor who is ordered to pay support for the dependent child
19pursuant to chapter 252A, 252C, or 252F, may request the
20assistance of the unit child support services in suspending
21the obligation for support if all of the following conditions
22exist:
23a. The child is currently residing with the obligor and has
24been for more than sixty consecutive days. If the basis for
25suspension under this paragraph applies to at least one but not
26all of the children for whom support is ordered, the condition
27of this paragraph is met only if the support order includes a
28step change.
29b. There is no order in effect regarding legal custody,
30physical care, visitation, or other parenting time for the
31child.
32c. It is reasonably expected that the basis for suspension
33under this section will continue for not less than six months.
34d. The child for whom support is ordered is not receiving
35public assistance pursuant to chapter 239B, 249A, or a
-623-1comparable law of another state or foreign country, unless the
2obligor is considered to be a member of the same household as
3the child for the purposes of public assistance eligibility.
4e. The obligor has signed a notarized affidavit, provided
5by the unit child support services, attesting to the existence
6of the conditions under paragraphs “a” through “d”, has
7requested suspension of the support order or obligation, and
8has submitted the affidavit to the unit child support services.
9f. No prior request for suspension has been served under
10this section, and no prior request for suspension has been
11filed with the unit child support services pursuant to section
12252B.20, during the two-year period preceding the request.
13g. Any other criteria established by rule of the department.
142. Upon receipt of the application for suspension and
15properly executed and notarized affidavit, the unit child
16support services shall review the application and affidavit
17to determine that the criteria have been met. The unit Child
18support services shall then do one of the following:
19a. If the unit child support services determines the
20criteria have not been met, deny the request and notify the
21obligor in writing that the application is being denied,
22providing reasons for the denial and notifying the obligor of
23the right to proceed through private counsel. Denial of the
24application is not subject to contested case proceedings or
25further review pursuant to chapter 17A.
26b. If the unit child support services determines the
27criteria have been met, serve a copy of the notice and
28supporting documents on the obligee by any means provided in
29section 252B.26. The notice to the obligee shall include all
30of the following:
31(1) Information sufficient to identify the parties and the
32support order affected.
33(2) An explanation of the procedure for suspension and
34reinstatement of support under this section.
35(3) An explanation of the rights and responsibilities of the
-624-1obligee, including the applicable procedural time frames.
2(4) A statement that within twenty days of service, the
3obligee must submit a signed and notarized response to the
4unit child support services objecting to at least one of the
5assertions in subsection 1, paragraphs “a” through “d”. The
6statement shall inform the obligee that if, within twenty days
7of service, the obligee fails to submit a response as specified
8in this subparagraph, notwithstanding rules of civil procedure
91.972(2) and 1.972(3), the unit child support services will
10prepare and submit an order as provided in subsection 3,
11paragraph “b”.
123. No sooner than thirty days after service on the obligee
13under subsection 2, paragraph “b”, the unit child support
14services shall do one of the following:
15a. If the obligee submits a signed and notarized objection
16to any assertion in subsection 1, paragraphs “a” through “d”,
17deny the request and notify the parties in writing that the
18application is denied, providing reasons for the denial, and
19notifying the parties of the right to proceed through private
20counsel. Denial of the application is not subject to contested
21case proceedings or further review pursuant to chapter 17A.
22b. If the obligee does not timely submit a signed and
23notarized objection to the unit child support services, prepare
24an order which shall be submitted, along with supporting
25documents, to a judge of a district court for approval,
26suspending the accruing support obligation. If the basis for
27suspension applies to at least one but not all of the children
28for whom support is ordered and the support order includes a
29step change, the unit child support services shall prepare an
30order suspending the accruing support obligation for each child
31to whom the basis for suspension applies.
324. An order approved by the court for suspension of an
33accruing support obligation is effective upon the date of
34filing of the suspension order.
355. An order suspending an accruing support obligation
-625-1entered by the court pursuant to this section shall be
2considered a temporary order for the period of six months from
3the date of filing of the suspension order. However, the
4six-month period shall not include any time during which an
5application for reinstatement is pending before the court.
66. During the six-month period, the unit child support
7services may request that the court reinstate the accruing
8support order or obligation if any of the following conditions
9exist:
10a. Upon application to the unit child support services by
11either party or other person who has physical custody of the
12child.
13b. Upon the receipt of public assistance benefits pursuant
14to chapter 239B, 249A, or a comparable law of another state
15or foreign country, by the person entitled to receive support
16and the child on whose behalf support is paid, provided that
17the person owing the support is not considered to be a member
18of the same household as the child for the purposes of public
19assistance eligibility.
207. If a condition under subsection 6 exists, the unit
21 child support services may request that the court reinstate an
22accruing support obligation as follows:
23a. If the basis for the suspension no longer applies to any
24of the children for whom an accruing support obligation was
25suspended, the unit child support services shall request that
26the court reinstate the accruing support obligations for all of
27the children.
28b. If the basis for the suspension continues to apply to
29at least one but not all of the children for whom an accruing
30support obligation was suspended and if the support order
31includes a step change, the unit child support services
32 shall request that the court reinstate the accruing support
33obligation for each child for whom the basis for the suspension
34no longer applies.
358. Upon filing of an application for reinstatement, service
-626-1of the application shall be made either in person or by first
2class mail upon the parties. Within ten days following the
3date of service, a party may file a written objection with
4the clerk of the district court to the entry of an order for
5reinstatement.
6a. If no objection is filed, the court may enter an order
7reinstating the accruing support obligation without additional
8notice.
9b. If an objection is filed, the clerk of court shall set
10the matter for hearing and send notice of the hearing to the
11parties and the unit child support services.
129. a. The reinstatement is effective as follows:
13(1) For reinstatements initiated under subsection 6,
14paragraph “a”, the date the notices were served on the parties
15pursuant to subsection 8.
16(2) For reinstatements initiated under subsection 6,
17paragraph “b”, the date the child began receiving public
18assistance benefits during the suspension of the obligation.
19b. Support which became due during the period of suspension
20but prior to the reinstatement is waived and not due and owing
21unless the suspension was made under false pretenses.
2210. If the order suspending a support obligation has been
23on file with the court for a period exceeding six months as
24computed pursuant to subsection 5, the order becomes final by
25operation of law and terminates the support obligation, and
26thereafter, a party seeking to establish a support obligation
27against either party shall bring a new action for support as
28provided by law.
2911. Legal representation of the unit child support services
30 shall be provided pursuant to section 252B.7, subsection 4.
3112. This section shall not limit the rights of a party or
32the unit child support services to proceed by other means to
33suspend, terminate, modify, reinstate, or establish support.
3413. This section does not provide for the suspension or
35retroactive modification of support obligations which accrued
-627-1prior to the entry of an order suspending enforcement and
2collection of support pursuant to this section.
314. Nothing in this section shall prohibit or limit the
4unit child support services or a party entitled to receive
5support from enforcing and collecting any unpaid or unsatisfied
6support that accrued prior to the suspension of the accruing
7obligation.
815. For the purposes of chapter 252H regarding the criteria
9for a review under subchapter II of that chapter or for a
10cost-of-living alteration under subchapter IV of that chapter,
11if a support obligation is terminated or reinstated under
12this section, such termination or reinstatement shall not be
13considered a modification of the support order.
1416. As used in this section, unless the context otherwise
15requires, “step change” means a change designated in a support
16order specifying the amount of the child support obligation
17as the number of children entitled to support under the order
18changes.
1917. As specified in this section, if the child for whom
20support is ordered is not receiving public assistance pursuant
21to chapter 239B, 249A, or a comparable law of another state
22or foreign country, upon request by the obligor, the unit
23 child support services may facilitate the suspension of the
24child support order or obligation if the child is residing
25with a caretaker, who is a natural person, and who has not
26requested the unit child support services to provide services
27under this chapter. The obligor and the caretaker shall sign
28a notarized affidavit attesting to the conditions under this
29section, consent to the suspension of the support order or
30obligation, and submit the affidavit to the unit child support
31services. Upon the receipt of public assistance benefits
32pursuant to chapter 239B, 249A, or a comparable law of another
33state or foreign country, by the child on whose behalf support
34is ordered, or upon application to the unit child support
35services by either party or the caretaker, the unit child
-628-1support services may, within the time periods specified in this
2section, request the reinstatement of the accruing support
3order or obligation pursuant to this section.
418. The department may adopt all necessary and proper rules
5to administer and interpret this section.
6 Sec. 909. Section 252B.21, Code 2023, is amended to read as
7follows:
8252B.21 Administrative seek employment orders.
91. For any support order being enforced by the unit child
10support services, the unit child support services may enter
11an ex parte order requiring the obligor to seek employment
12if employment of the obligor cannot be verified and if the
13obligor has failed to make support payments. Advance notice is
14not required prior to entering the ex parte order. The order
15shall be served upon the obligor by regular mail, with proof of
16service completed as provided in rule of civil procedure 1.442.
17The unit Child support services shall file a copy of the order
18with the clerk of the district court.
192. The order to seek employment shall contain directives,
20including all of the following:
21a. That the obligor seek employment within a determinate
22amount of time.
23b. That the obligor file with the unit child support
24services on a weekly basis a report of at least five new
25attempts to find employment or of having found employment. The
26report shall include the names, addresses, and the telephone
27numbers of any employers or businesses with whom the obligor
28attempted to seek employment and the name of the individual
29contact to whom the obligor made application for employment or
30to whom an inquiry was directed.
31c. That failure to comply with the notice is evidence of a
32willful failure to pay support under section 598.23A.
33d. That the obligor shall provide the child support recovery
34unit services with verification of any reason for noncompliance
35with the order.
-629- 1e. The duration of the order, not to exceed three months.
23. The department may establish additional criteria or
3requirements relating to seek employment orders by rule as
4necessary to implement this section.
5 Sec. 910. Section 252B.22, subsection 1, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7The child Child support recovery unit services created in
8this chapter shall establish a task force to assist in the
9development and implementation of all of the following:
10 Sec. 911. Section 252B.23, Code 2023, is amended to read as
11follows:
12252B.23 Surcharge.
131. A surcharge shall be due and payable by the obligor on
14a support arrearage identified as difficult to collect and
15referred by the unit child support services on or after January
161, 1998, to a collection entity under contract with the unit
17 child support services or other state entity. The amount of
18the surcharge shall be a percent of the amount of the support
19arrearage referred to the collection entity and shall be
20specified in the contract with the collection entity. For the
21purpose of this chapter, a “collection entity” includes but is
22not limited to a state agency, including the central collection
23unit of the department of revenue, or a private collection
24agency. Use of a collection entity is in addition to any
25other legal means by which support payments may be collected.
26The unit Child support services shall continue to use other
27enforcement actions, as appropriate.
282. a. Notice that a surcharge may be assessed on a support
29arrearage referred to a collection entity pursuant to this
30section shall be provided to an obligor in accordance with one
31of the following as applicable:
32(1) In the order establishing or modifying the support
33obligation. The unit Child support services or the district
34court shall include notice in any new or modified support order
35issued on or after July 1, 1997.
-630- 1(2) Through notice sent by the unit child support services
2 by regular mail to the last known address of the support
3obligor.
4b. The notice shall also advise that any appropriate
5information may be provided to a collection entity for purposes
6of administering and enforcing the surcharge.
73. Arrearages submitted for referral and surcharge pursuant
8to this section shall meet all of the following criteria:
9a. The arrearages owed shall be based on a court or
10administrative order which establishes the support obligation.
11b. The arrearage is due for a case in which the unit
12 child support services is providing services pursuant to this
13chapter and one for which the arrearage has been identified as
14difficult to collect by the unit child support services.
15c. The obligor was provided notice pursuant to subsection 2
16at least fifteen days prior to sending the notice of referral
17pursuant to subsection 4.
184. The unit Child support services shall send notice of
19referral to the obligor by regular mail to the obligor’s last
20known address, with proof of service completed according to
21rule of civil procedure 1.442, at least thirty days prior to
22the date the arrearage is referred to the collection entity.
23The notice shall inform the obligor of all of the following:
24a. The arrearage will be referred to a collection entity.
25b. Upon referral, a surcharge is due and payable by the
26obligor.
27c. The amount of the surcharge.
28d. That the obligor may avoid referral by paying the amount
29of the arrearage to the collection services center within
30twenty days of the date of notice of referral.
31e. That the obligor may contest the referral by submitting a
32written request for review of the unit child support services.
33The request shall be received by the unit child support
34services within twenty days of the date of the notice of
35referral.
-631- 1f. The right to contest the referral is limited to a mistake
2of fact, which includes a mistake in the identity of the
3obligor, a mistake as to fulfillment of the requirements for
4referral under this subsection, or a mistake in the amount of
5the arrearages.
6g. The unit Child support services shall issue a written
7decision following a requested review.
8h. Following the issuance of a written decision by the unit
9 child support services denying that a mistake of fact exists,
10the obligor may request a hearing to challenge the surcharge
11by sending a written request for a hearing to the office of
12the unit which issued the decision child support services.
13The request shall be received by the office of the unit which
14issued the decision child support services within ten days of
15the unit’s child support services’ written decision. The only
16grounds for a hearing shall be mistake of fact. Following
17receipt of the written request, the unit which receives the
18request child support services shall certify the matter for
19hearing in the district court in the county in which the
20underlying support order is filed.
21i. The address of the collection services center for payment
22of the arrearages.
235. If the obligor pays the amount of arrearage within twenty
24days of the date of the notice of referral, referral of the
25arrearage to a collection entity shall not be made.
266. If the obligor requests a review or court hearing
27pursuant to this section, referral of the arrearages shall be
28stayed pending the decision of the unit child support services
29 or the court.
307. Actions of the unit child support services under this
31section shall not be subject to contested case proceedings or
32further review pursuant to chapter 17A and any resulting court
33hearing shall be an original hearing before the district court.
34However, the department shall establish, by rule pursuant to
35chapter 17A, an internal process to provide an additional
-632-1review by the administrator of the child support recovery unit
2 director or the administrator’s director’s designee.
38. If an obligor does not pay the amount of the arrearage,
4does not contest the referral, or if following the unit’s
5 child support services’ review and any court hearing the unit
6 child support services or the court does not find a mistake
7of fact, the arrearages shall be referred to a collection
8entity. Following the review or hearing, if the unit child
9support services or the court finds a mistake in the amount
10of the arrearage, the arrearages shall be referred to the
11collection entity in the appropriate arrearage amount. For
12arrearages referred to a collection entity, the obligor shall
13pay a surcharge equal to a percent of the amount of the support
14arrearage due as of the date of the referral. The surcharge
15is in addition to the arrearages and any other fees or charges
16owed, and shall be enforced by the collection entity as
17provided under section 252B.5. Upon referral to the collection
18entity, the surcharge is an automatic judgment against the
19obligor.
209. The director or the director’s designee may file a notice
21of the surcharge with the clerk of the district court in the
22county in which the underlying support order is filed. Upon
23filing, the clerk shall enter the amount of the surcharge on
24the lien index and judgment docket.
2510. Following referral of a support arrearage to a
26collection entity, the surcharge shall be due and owing and
27enforceable by a collection entity or the unit child support
28services notwithstanding satisfaction of the support obligation
29or whether the collection entity is enforcing a support
30arrearage. However, the unit child support services may waive
31payment of all or a portion of the surcharge if waiver will
32facilitate the collection of the support arrearage.
3311. All surcharge payments shall be received and disbursed
34by the collection services center. The surcharge payments
35received by the collection services center shall be considered
-633-1repayment receipts as defined in section 8.2 and shall be used
2to pay the costs of any contracts with a collection entity.
312. a. A payment received by the collection services center
4which meets all the following conditions shall be allocated as
5specified in paragraph “b”:
6(1) The payment is for a case in which arrearages have been
7referred to a collection entity.
8(2) A surcharge is assessed on the arrearages.
9(3) The payment is collected under the provisions of the
10contract with the collection entity.
11b. A payment meeting all of the conditions in paragraph “a”
12shall be allocated between support and costs and fees, and the
13surcharge according to the following formula:
14(1) The payment shall be divided by the sum of one hundred
15percent plus the percent specified in the contract.
16(2) The quotient shall be the amount allocated to the
17support arrearage and other fees and costs.
18(3) The difference between the dividend and the quotient
19shall be the amount allocated to the surcharge.
2013. Any computer or software programs developed and any
21records used in relation to a contract with a collection entity
22remain the property of the department.
23 Sec. 912. Section 252B.24, Code 2023, is amended to read as
24follows:
25252B.24 State case registry.
261. Beginning October 1, 1998, the unit Child support
27services shall operate a state case registry to the extent
28determined by applicable time frames and other provisions of
2942 U.S.C. §654a(e) and this section. The unit Child support
30services and the judicial branch shall enter into a cooperative
31agreement for the establishment and operation of the registry
32by the unit child support services. The state case registry
33shall include records with respect to all of the following:
34a. Unless prohibited by federal law, each case for which
35services are provided under this chapter.
-634- 1b. Each order for support, as defined in section 252D.16 or
2598.1, which meets at least one of the following criteria:
3(1) The support order is established or modified in this
4state on or after October 1, 1998.
5(2) The income of the obligor is subject to income
6withholding under chapter 252D, including any support order for
7which the district court enters an ex parte order under chapter
8252D on or after October 1, 1998.
92. The clerk of the district court shall provide the
10unit child support services with any information, orders,
11or documents requested by the unit child support services
12 to establish or operate the state case registry, which are
13specified in the agreement described in subsection 1, within
14the time frames specified in that agreement. The agreement
15shall include but is not limited to provisions to provide for
16all of the following:
17a. Provision to the unit child support services of
18information, orders, and documents necessary for the unit child
19support services to meet requirements described in 42 U.S.C.
20§654a(e) and this section.
21b. Provision to the unit child support services of
22information filed with the clerk of the district court by a
23party under section 598.22B, and the social security number
24of a child filed with the clerk of the district court under
25section 602.6111.
26c. Use of automation, as appropriate, to meet the
27requirements described in 42 U.S.C. §654a(e) and this section.
283. The records of the state case registry are confidential
29records pursuant to chapter 22 and may only be disclosed or
30used as provided in section 252B.9.
31 Sec. 913. Section 252B.25, Code 2023, is amended to read as
32follows:
33252B.25 Contempt — combining actions.
34Notwithstanding any provision of law to the contrary, if
35an obligor has been ordered to provide support in more than
-635-1one order, the unit child support services may bring a single
2action for contempt to enforce the multiple orders. However,
3if the obligor objects to the consolidation of the actions
4regarding multiple orders into a single action for contempt,
5and the court determines that severance of the single action
6into multiple actions is in the interest of justice, the
7unit child support services shall bring multiple actions for
8contempt to enforce the multiple orders. If the single action
9is brought and the obligor does not object, the unit child
10support services shall file the action in the district court of
11a county where the obligor resides, or if the obligor does not
12reside in the state, in the district court of the county where
13at least one of the support orders was entered or registered.
14For the purposes of this section, the district court where
15the unit child support services files the action shall have
16jurisdiction and authority over all other support orders for
17the obligor entered or registered by a court of this state and
18affected under this section. In such case, the unit child
19support services shall also file a document with the clerk of
20court in each county affected specifying the county where the
21action under this section was filed and the disposition of the
22action.
23 Sec. 914. Section 252B.26, Code 2023, is amended to read as
24follows:
25252B.26 Service of process.
26Notwithstanding any provision of law to the contrary, the
27unit child support services may serve a petition, notice, or
28rule to show cause under this chapter or chapter 252A, 252C,
29252F, 252H, 252K, 598, or 665 as specified in each chapter, or
30as follows:
311. The unit Child support services may serve a petition,
32notice, or rule to show cause by certified mail. Return
33acknowledgment is required to prove service by certified mail,
34rules of civil procedure 1.303(5) and 1.308(5) shall not apply,
35and the return acknowledgment shall be filed with the clerk of
-636-1court.
22. The unit Child support services may serve a notice
3of intent under chapter 252H, or a notice of decision under
4section 252H.14A, upon any party or parent who is receiving
5family investment program assistance for the parent or child by
6sending the notice by regular mail to the address maintained by
7the department. Rules of civil procedure 1.303(5) and 1.308(5)
8shall not apply and the unit child support services shall file
9proof of service as provided in chapter 252H. If the notice is
10determined to be undeliverable, the unit child support services
11 shall serve the notice as otherwise provided in this section
12or by personal service.
13 Sec. 915. Section 252B.27, Code 2023, is amended to read as
14follows:
15252B.27 Use of funding for additional positions.
161. The director, within the limitations of the amount
17appropriated for the unit child support services, or moneys
18transferred for this purpose from the family investment program
19account created in section 239B.11, may establish new positions
20and add employees to the unit child support services if the
21director determines that both the current and additional
22employees together can reasonably be expected to maintain or
23increase net state revenue at or beyond the budgeted level for
24the fiscal year.
252. a. The director may establish new positions and add
26state employees to the unit child support services or contract
27for delivery of services if the director determines the
28employees are necessary to replace county-funded positions
29eliminated due to termination, reduction, or nonrenewal of
30a chapter 28E contract. However, the director must also
31determine that the resulting increase in the state share of
32child support recovery services incentives exceeds the cost
33of the positions or contract, the positions or contract are
34necessary to ensure continued federal funding of the unit
35 child support services, or the new positions or contract can
-637-1reasonably be expected to recover at least twice the amount of
2money necessary to pay the salaries and support for the new
3positions or the contract will generate at least two hundred
4percent of the cost of the contract.
5b. Employees in full-time positions that transition
6from county government to state government employment under
7this subsection are exempt from testing, selection, and
8appointment provisions of chapter 8A, subchapter IV, and from
9the provisions of collective bargaining agreements relating to
10the filling of vacant positions.
11 Sec. 916. Section 252C.1, Code 2023, is amended to read as
12follows:
13252C.1 Definitions.
14As used in this chapter, unless the context otherwise
15requires:
161. “Administrator” means the administrator of the child
17support recovery unit of the department of human services, or
18the administrator’s designee.
192. 1. “Caretaker” means a parent, relative, guardian,
20or another person who is responsible for paying foster care
21costs pursuant to chapter 234 or whose needs are included in an
22assistance payment made pursuant to chapter 239B.
232. “Child support services” means child support services
24created in section 252B.2.
253. “Court order” means a judgment or order requiring the
26payment of a set or determinable amount of monetary support.
27For orders entered on or after July 1, 1990, unless the court
28specifically orders otherwise, medical support, as defined
29in section 252E.1, is not included in the amount of monetary
30support.
314. “Department” means the department of health and human
32services.
335. “Dependent child” means a person who meets the
34eligibility criteria established in chapter 234 or 239B and
35whose support is required by chapter 234, 239B, 252A, 252F,
-638-1598, or 600B.
26. “Director” means the director of health and human
3services.
46. 7. “Medical support” means medical support as defined
5in section 252E.1.
67. 8. “Public assistance” means foster care costs paid by
7the department pursuant to chapter 234 or assistance provided
8pursuant to chapter 239B.
98. 9. “Responsible person” means a parent, relative,
10guardian, or another person legally liable for the support of a
11child or a child’s caretaker.
12 Sec. 917. Section 252C.2, Code 2023, is amended to read as
13follows:
14252C.2 Assignment — creation of support debt — subrogation.
151. If public assistance is provided by the department
16to or on behalf of a dependent child or a dependent child’s
17caretaker, there is an assignment by operation of law to the
18department of any and all right in, title to, and interest in
19any support obligation, payment, and arrearages owed to or for
20the child or caretaker up to the amount of public assistance
21paid for or on behalf of the child or caretaker. Unless
22otherwise specified in the order, an equal and proportionate
23share of any child support awarded is presumed to be payable
24on behalf of each child subject to the order or judgment for
25purposes of an assignment under this section. For family
26investment program assistance, section 239B.6 shall apply.
272. The payment of public assistance to or for the benefit of
28a dependent child or a dependent child’s caretaker creates a
29support debt due and owing to the department by the responsible
30person in an amount equal to the public assistance payment,
31except that the support debt is limited to the amount of
32a support obligation established by court order or by the
33administrator department. The administrator department may
34establish a support debt as to amounts accrued and accruing
35pursuant to section 598.21B. However, when establishing a
-639-1support obligation against a responsible person, no debt shall
2be created for the period during which the responsible person
3is a recipient on the person’s own behalf of public assistance
4for the benefit of the dependent child or the dependent child’s
5caretaker, if any of the following conditions exist:
6a. The parents have reconciled and are cohabiting, and the
7child for whom support would otherwise be sought is living in
8the same residence as the parents.
9b. The child is living with the parent from whom support
10would otherwise be sought.
113. The provision of child support collection or paternity
12determination services under chapter 252B to an individual,
13even though the individual is ineligible for public assistance,
14creates a support debt due and owing to the individual or the
15individual’s child or ward by the responsible person in the
16amount of a support obligation established by court order or
17by the administrator department. The administrator department
18 may establish a support debt in favor of the individual or the
19individual’s child or ward and against the responsible person,
20both as to amounts accrued and accruing, pursuant to section
21598.21B.
224. The payment of medical assistance pursuant to chapter
23249A for the benefit of a dependent child or a dependent
24child’s caretaker creates a support debt due and owing to the
25department. The administrator department may establish an
26order for medical support.
275. The department is subrogated to the rights of a dependent
28child or a dependent child’s caretaker to bring a court action
29or to execute an administrative remedy for the collection
30of support. The administrator department may petition an
31appropriate court for modification of a court order on the same
32grounds as a party to the court order can petition the court
33for modification.
34 Sec. 918. Section 252C.3, Code 2023, is amended to read as
35follows:
-640- 1252C.3 Notice of support debt — failure to respond —
2hearing — order.
31. The administrator department may issue a notice stating
4the intent to secure an order for either medical support as
5provided in chapter 252E or payment of an accrued or accruing
6support debt due and owed to the department or an individual
7under section 252C.2, or both. The notice shall be served upon
8the responsible person in accordance with the rules of civil
9procedure. The notice shall include all of the following:
10a. A statement that the support obligation will be set
11pursuant to the child support guidelines established pursuant
12to section 598.21B, and the criteria established pursuant to
13section 252B.7A, and that the responsible person is required to
14provide medical support in accordance with chapter 252E.
15b. The name of a public assistance recipient and the name of
16the dependent child or caretaker for whom the public assistance
17is paid.
18c. (1) A statement that if the responsible person desires
19to discuss the amount of support that a responsible person
20should be required to pay, the responsible person may, within
21ten days after being served, contact the office of the child
22support recovery unit which sent the notice services and
23request a negotiation conference.
24(2) A statement that if a negotiation conference is
25requested, then the responsible person shall have ten days from
26the date set for the negotiation conference or thirty days from
27the date of service of the original notice, whichever is later,
28to send a request for a hearing to the office of the child
29support recovery unit which issued the notice services.
30(3) A statement that after the holding of the negotiation
31conference, the administrator department may issue a new notice
32and finding of financial responsibility for child support or
33medical support, or both, to be sent to the responsible person
34by regular mail addressed to the responsible person’s last
35known address, or if applicable, to the last known address of
-641-1the responsible person’s attorney.
2(4) A statement that if the administrator department issues
3a new notice and finding of financial responsibility for child
4support or medical support, or both, then the responsible
5person shall have thirty days from the date of issuance of the
6new notice to send a request for a hearing to the office of the
7 child support recovery unit which issued the notice services.
8If the administrator department does not issue a new notice
9and finding of financial responsibility for child support or
10medical support, or both, the responsible party shall have ten
11days from the date of issuance of the conference report to send
12a request for a hearing to the office of the child support
13recovery unit which issued the conference report services.
14d. A statement that if the responsible person objects
15to all or any part of the notice or finding of financial
16responsibility for child support or medical support, or both,
17and a negotiation conference is not requested, the responsible
18person shall, within thirty days of the date of service send to
19the office of the child support recovery unit which issued the
20notice services a written response setting forth any objections
21and requesting a hearing.
22e. A statement that if a timely written request for a
23hearing is received by the office of the child support recovery
24unit which issued the notice services, the responsible person
25shall have the right to a hearing to be held in district
26court; and that if no timely written response is received, the
27administrator department may enter an order in accordance with
28the notice and finding of financial responsibility for child
29support or medical support, or both.
30f. A statement that, as soon as the order is entered, the
31property of the responsible person is subject to collection
32action, including but not limited to wage withholding,
33garnishment, attachment of a lien, and execution.
34g. A statement that the responsible person shall notify the
35administrator department of any change of address, employment,
-642-1or medical coverage as required by chapter 252E.
2h. A statement that if the responsible person has any
3questions, the responsible person should telephone or visit an
4office of the child support recovery unit services or consult
5an attorney.
6i. Such other information as the administrator department
7 finds appropriate.
82. The time limitations for requesting a hearing in
9subsection 1 may be extended by the administrator department.
103. If a timely written response setting forth objections and
11requesting a hearing is received by the appropriate office of
12the child support recovery unit services, a hearing shall be
13held in district court.
144. If timely written response and request for hearing is
15not received by the appropriate office of the child support
16recovery unit services, the administrator department may enter
17an order in accordance with the notice, and shall specify all
18of the following:
19a. The amount of monthly support to be paid, with directions
20as to the manner of payment.
21b. The amount of the support debt accrued and accruing in
22favor of the department.
23c. The name of the custodial parent or agency having custody
24of the dependent child and the name and birth date of the
25dependent child for whom support is to be paid.
26d. That the property of the responsible person is subject
27to collection action, including but not limited to wage
28withholding, garnishment, attachment of a lien, and execution.
29e. The medical support required pursuant to chapter 598 and
30rules adopted pursuant to chapter 252E.
315. The responsible person shall be sent a copy of the order
32by regular mail addressed to the responsible person’s last
33known address, or if applicable, to the last known address of
34the responsible person’s attorney. The order is final, and
35action by the administrator department to enforce and collect
-643-1upon the order, including arrearages and medical support, or
2both, may be taken from the date of approval of the order by the
3court pursuant to section 252C.5.
4 Sec. 919. Section 252C.4, Code 2023, is amended to read as
5follows:
6252C.4 Certification to court — hearing — default.
71. A responsible person or the child support recovery
8unit services may request a hearing regarding a determination
9of support. If a timely written request for a hearing is
10received, the administrator department shall certify the matter
11to the district court as follows:
12a. If the child or children reside in Iowa, and the unit
13 child support services is seeking an accruing obligation, in
14the county in which the dependent child or children reside.
15b. If the child or children received public assistance in
16Iowa, and the unit child support services is seeking only an
17accrued obligation, in the county in which the dependent child
18or children last received public assistance.
19c. If the action is the result of a request from another
20state or foreign country to establish support by a responsible
21person located in Iowa, in the county in which the responsible
22person resides.
232. The certification shall include true copies of the
24notice and finding of financial responsibility or notice of the
25support debt accrued and accruing, the return of service, the
26written objections and request for hearing, and true copies of
27any administrative orders previously entered.
283. The court shall set the matter for hearing and notify the
29parties of the time and place of hearing.
304. The court shall establish the monthly child support
31payment and the amount of the support debt accrued and accruing
32pursuant to section 598.21B, or medical support pursuant to
33chapter 252E, or both.
345. If a party fails to appear at the hearing, upon a showing
35of proper notice to that party, the court shall find that party
-644-1in default and enter an appropriate order.
26. Actions initiated by the administrator department under
3this chapter are not subject to chapter 17A and resulting court
4hearings following certification shall be an original hearing
5before the district court.
67. If a responsible person contests an action initiated
7under this chapter by denying paternity, the following shall
8apply, as necessary:
9a. (1) If the prior determination of paternity is based on
10an affidavit of paternity filed pursuant to section 252A.3A, or
11an administrative order entered pursuant to chapter 252F, or an
12order by the courts of this state, or by operation of law when
13the mother and established father are or were married to each
14other, the provisions of section 600B.41A are applicable.
15(2) If the court determines that the prior determination of
16paternity should not be overcome pursuant to section 600B.41A,
17and that the responsible person has a duty to provide support,
18the court shall enter an order establishing the monthly child
19support payment and the amount of the support debt accrued
20and accruing pursuant to section 598.21B, or medical support
21pursuant to chapter 252E, or both.
22b. If the prior determination of paternity is based on an
23administrative or court order or other means, pursuant to the
24laws of another state or foreign country, an action to overcome
25the prior determination of paternity shall be filed in that
26jurisdiction. Unless the responsible person requests and is
27granted a stay of an action initiated under this chapter to
28establish child or medical support, the action shall proceed as
29otherwise provided by this chapter.
30 Sec. 920. Section 252C.5, Code 2023, is amended to read as
31follows:
32252C.5 Filing and docketing of financial responsibility order
33— order effective as district court decree.
341. A true copy of any order entered by the administrator
35 department pursuant to this chapter, along with a true copy
-645-1of the return of service, if applicable, may be filed in
2the office of the clerk of the district court in the manner
3established pursuant to section 252C.4, subsection 1.
42. The administrator’s department’s order shall be
5presented, ex parte, to the district court for review and
6approval. Unless defects appear on the face of the order or on
7the attachments, the district court shall approve the order.
8The approved order shall have all the force, effect, and
9attributes of a docketed order or decree of the district court.
103. Upon filing, the clerk shall enter the order in the
11judgment docket.
124. If the responsible party appeals the order approved
13by the court under this section, and the court on appeal
14establishes an amount of support which is less than the amount
15of support established under the approved order, the court, in
16the order issued on appeal, shall reconcile the amounts due
17and shall provide that any amount which represents the unpaid
18difference between the amount under the approved order and the
19amount under the order of the court on appeal is satisfied.
20 Sec. 921. Section 252C.6, Code 2023, is amended to read as
21follows:
22252C.6 Interest on support debts.
23Interest accrues on support debts at the rate provided
24in section 535.3 for court judgments. The administrator
25 department may collect the accrued interest but is not required
26to maintain interest balance accounts. The department Child
27support services may waive payment of the interest if the
28waiver will facilitate the collection of the support debt.
29 Sec. 922. Section 252C.8, Code 2023, is amended to read as
30follows:
31252C.8 Temporary restraining order or bond.
32If the administrator department reasonably believes that the
33responsible person is not a resident of this state, is about to
34move from this state, or is concealing the responsible person’s
35whereabouts, or that the responsible person has removed or
-646-1is about to remove, secrete, waste, or otherwise dispose of
2property which could be made subject to collection procedures
3to satisfy the support debt, the administrator department may
4petition the district court for a temporary restraining order
5barring the removal, secretion, waste, or disposal. However,
6if the responsible person furnishes a bond satisfactory to the
7court, the temporary restraining order shall be vacated.
8 Sec. 923. Section 252C.12, Code 2023, is amended to read as
9follows:
10252C.12 Waiver of time limitations by responsible person.
111. A responsible person may waive the time limitations
12established in section 252C.3.
132. Upon receipt of a signed statement from each responsible
14person waiving the time limitations established in section
15252C.3, the administrator department may proceed to enter an
16order for support and the court may approve the order, whether
17or not the time limitations have expired.
183. If a responsible person waives the time limitations
19established in section 252C.3 and an order for support is
20entered under this chapter, the signed statement of the
21responsible person waiving the time limitations shall be filed
22with the order for support.
23 Sec. 924. Section 252D.1, Code 2023, is amended to read as
24follows:
25252D.1 Delinquent support payments.
26If support payments ordered under this chapter or chapter
27232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other
28applicable chapter, or under a comparable statute of another
29state or foreign country, as certified to the child support
30recovery unit established in section 252B.2 services, are not
31paid to the clerk of the district court or the collection
32services center pursuant to section 598.22 or, as appropriate,
33a comparable government entity in another state as provided
34in chapter 252K, and become delinquent in an amount equal to
35the payment for one month, the child support recovery unit
-647-1 services may enter an ex parte order or, upon application of a
2person entitled to receive the support payments, the district
3court may enter an ex parte order, notifying the person whose
4income is to be withheld, of the delinquent amount, of the
5amount of income to be withheld, and of the procedure to
6file a motion to quash the order for income withholding, and
7ordering the withholding of specified sums to be deducted
8from the delinquent person’s income as defined in section
9252D.16 sufficient to pay the support obligation and, except as
10provided in section 598.22, requiring the payment of such sums
11to the clerk of the district court or the collection services
12center or, as appropriate, a comparable government entity
13in another state as provided in chapter 252K. All income
14withholding payments shall be paid to the collection services
15center or, as appropriate, a comparable government entity in
16another state as provided in chapter 252K. Notification of
17income withholding shall be provided to the obligor and to the
18payor of income pursuant to section 252D.17.
19 Sec. 925. Section 252D.8, Code 2023, is amended to read as
20follows:
21252D.8 Persons subject to immediate income withholding.
221. In a support order issued or modified on or after
23November 1, 1990, for which services are being provided by the
24 child support recovery unit services, and in any support orders
25issued or modified after January 1, 1994, for which services
26are not provided by the child support recovery unit services,
27the income of a support obligor is subject to withholding, on
28the effective date of the order, regardless of whether support
29payments by the obligor are in arrears. If services are being
30provided pursuant to chapter 252B, the child support recovery
31unit services may enter an ex parte order for an immediate
32withholding of income. The district court may enter an ex
33parte order for immediate income withholding for cases in which
34the child support recovery unit services is not providing
35services. The income of the obligor is subject to immediate
-648-1withholding unless one of the following occurs:
2a. One of the parties demonstrates and the court or child
3support recovery unit services finds there is good cause not to
4require immediate withholding. A finding of good cause shall
5be based on, at a minimum, written findings and conclusions by
6the court or administrative authority as to why implementing
7immediate withholding would not be in the best interests of the
8child. In cases involving modifications, the findings shall
9also include proof of timely payment of previously ordered
10support.
11b. A written agreement is reached between both parties
12which provides for an alternative arrangement. If the support
13payments have been assigned to the department of human services
14 pursuant to chapter 234 or 239B, or a comparable statute of
15another jurisdiction, the department shall be considered a
16party to the support order, and a written agreement pursuant
17to this section to waive immediate withholding is void unless
18approved by the child support recovery unit services. Any
19agreement existing at the time an assignment of support is made
20pursuant to chapter 234 or 239B or pursuant to a comparable
21statute of another jurisdiction shall not prevent the child
22support recovery unit services from implementing immediate
23withholding.
242. For an order not requiring immediate withholding, income
25of an obligor is subject to immediate withholding, without
26regard to whether there is an arrearage, on the earliest of the
27following:
28a. The date the obligor requests that the withholding begin.
29b. The date the custodial parent or party to the proceeding
30requests that the withholding begin, if the request is approved
31by the district court or, in cases in which services are
32being provided pursuant to chapter 252B, if the child support
33recovery unit services approves the request.
34 Sec. 926. Section 252D.16, Code 2023, is amended to read as
35follows:
-649- 1252D.16 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Child support services” means the same as child
5supported services created in section 252B.2.
62. “Department” means the department of health and human
7services.
81. 3. “Income” means all of the following:
9a. Any periodic form of payment due an individual,
10regardless of source, including but not limited to wages,
11salaries, commissions, bonuses, workers’ compensation,
12disability payments, payments pursuant to a pension or
13retirement program, and interest.
14b. A sole payment or lump sum as provided in section
15252D.18C, including but not limited to payment from an estate
16including inheritance, or payment for personal injury or
17property damage.
18c. Irregular income as defined in section 252D.18B.
192. 4. “Payor of income” or “payor” means and includes, but
20is not limited to, an obligor’s employer, trustee, the state
21of Iowa and all governmental subdivisions and agencies and any
22other person from whom an obligor receives income.
233. 5. “Support” or “support payments” means any amount
24which the court or administrative agency may require a person
25to pay for the benefit of a child under a temporary order or a
26final judgment or decree entered under chapter 232, 234, 252A,
27252C, 252F, 252H, 598, 600B, or any other comparable chapter,
28and may include child support, maintenance, medical support as
29defined in chapter 252E, spousal support, and any other term
30used to describe these obligations. These obligations may
31include support for a child of any age who is dependent on the
32parties to the dissolution proceedings because of physical or
33mental disability. The obligations may include support for
34a child eighteen or more years of age with respect to whom a
35child support order has been issued pursuant to the laws of
-650-1another state or foreign country. These obligations shall
2not include amounts for a postsecondary education subsidy as
3defined in section 598.1.
4 Sec. 927. Section 252D.16A, Code 2023, is amended to read
5as follows:
6252D.16A Income withholding order — child support recovery
7unit services.
8If support payments are ordered under this chapter, chapter
9232, 234, 252A, 252C, 252E, 252F, 252H, 598, 600B, or any other
10applicable chapter, or under a comparable statute of another
11state or foreign country, and if income withholding relative
12to such support payments is allowed under this chapter, the
13 child support recovery unit services may enter an ex parte
14order notifying the person whose income is to be withheld
15of the procedure to file a motion to quash the order for
16income withholding, and ordering the withholding of sums to
17be deducted from the delinquent person’s income as defined in
18section 252D.16 sufficient to pay the support obligation and
19requiring the payment of such sums to the collection services
20center or, as appropriate, a comparable government entity in
21another state as provided in chapter 252K. The child Child
22 support recovery unit services shall include the amount of
23any delinquency and the amount to be withheld in the notice
24provided to the obligor pursuant to section 252D.17A. Notice
25of income withholding shall be provided to the obligor and to
26the payor of income pursuant to sections 252D.17 and 252D.17A.
27 Sec. 928. Section 252D.17, subsection 1, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The district court shall provide notice by sending a copy
30of the order for income withholding or a notice of the order
31for income withholding to the obligor and the obligor’s payor
32of income by regular mail, with proof of service completed
33according to rule of civil procedure 1.442. The child Child
34 support recovery unit services shall provide notice of the
35income withholding order by sending a notice of the order to
-651-1the obligor’s payor of income by regular mail or by electronic
2means. Proof of service may be completed according to rule
3of civil procedure 1.442. The child Child support recovery
4unit’s services’ notice of the order may be sent to the payor
5of income on the same date that the order is sent to the clerk
6of court for filing. In all other instances, the income
7withholding order shall be filed with the clerk of court prior
8to sending the notice of the order to the payor of income. In
9addition to the amount to be withheld for payment of support,
10the order or the notice of the order shall be in a standard
11format as prescribed by the unit child support services and
12shall include all of the following information regarding the
13duties of the payor in implementing the withholding order:
14 Sec. 929. Section 252D.17, subsection 1, paragraphs g and i,
15Code 2023, are amended to read as follows:
16g. The withholding is binding on the payor until further
17notice by the court or the child support recovery unit
18 services.
19i. The payor shall promptly notify the court or the child
20support recovery unit services when the obligor’s employment or
21other income terminates, and provide the obligor’s last known
22address and the name and address of the obligor’s new employer,
23if known.
24 Sec. 930. Section 252D.17A, Code 2023, is amended to read
25as follows:
26252D.17A Notice to obligor of implementation of income
27withholding order.
28The child Child support recovery unit services or the
29district court shall send a notice of the income withholding
30order to the obligor at the time the notice is sent to the payor
31of income.
32 Sec. 931. Section 252D.18, Code 2023, is amended to read as
33follows:
34252D.18 Modification or termination of withholding.
351. The court or the child support recovery unit services
-652-1 may, by ex parte order, modify a previously entered income
2withholding order if the court or the unit child support
3services determines any of the following:
4a. There has been a change in the amount of the current
5support obligation.
6b. The amount required to be withheld under the income
7withholding order is in error.
8c. Any past due support debt has been paid in full. Should
9a delinquency later accrue, the withholding order may be
10modified to secure payment toward the delinquency.
11d. There has been a change in the rules adopted by the
12department pursuant to chapter 17A regarding the amount of
13income to be withheld to pay a delinquency.
142. The child Child support recovery unit services may modify
15an amount specified in an income withholding order or notice of
16income withholding by providing notice to the payor of income
17and the obligor pursuant to sections 252D.17 and 252D.17A.
183. The court or the child support recovery unit services
19 may, by ex parte order, terminate an income withholding order
20when the current support obligation has terminated and when
21the delinquent support obligation has been fully satisfied
22as applicable to all of the children covered by the income
23withholding order. The unit Child support services may, by
24ex parte order, terminate an income withholding order when
25the unit child support services will no longer be providing
26services under chapter 252B, or when another state or foreign
27country will be providing services under Tit.IV-D of the
28federal Social Security Act or a comparable law in a foreign
29country.
304. In no case shall payment of overdue support be the sole
31basis for termination of withholding.
32 Sec. 932. Section 252D.18A, subsections 1 and 4, Code 2023,
33are amended to read as follows:
341. The total of all amounts withheld shall not exceed the
35amounts specified in 15 U.S.C. §1673(b). For orders or notices
-653-1issued by the child support recovery unit services, the limit
2for the amount to be withheld shall be specified in the order
3or notice.
44. The payor shall identify and report payments by the
5obligor’s name, account number, amount, and date withheld
6pursuant to section 252D.17. If payments for multiple obligees
7are combined, the portion of the payment attributable to each
8obligee shall be specifically identified only if the payor is
9directed to do so by the child support recovery unit services.
10 Sec. 933. Section 252D.18B, Code 2023, is amended to read
11as follows:
12252D.18B Irregular income.
13When payment of income is irregular, and an order for
14immediate or mandatory income withholding has been entered by
15the child support recovery unit services or the district court,
16the income payor shall withhold income equal to the total that
17would have been withheld had there been regular monthly income.
18The amounts withheld shall not exceed the amounts specified
19in 15 U.S.C. §1673(b). For the purposes of this section, an
20income source is irregular when there are periods in excess of
21one month during which the income payor makes no payment to the
22obligor and the periods are not the result of termination or
23suspension of employment.
24 Sec. 934. Section 252D.18C, Code 2023, is amended to read
25as follows:
26252D.18C Withholding from lump sum payments.
27The child Child support recovery unit services or the
28district court may enter an ex parte order for income
29withholding when the obligor is paid by a lump sum income
30source. When a sole payment is made or payment occurs at
31two-month or greater intervals, the withholding order may
32include all current and delinquent support due through the
33current month, but shall not exceed the amounts specified in
3415 U.S.C. §1673(b).
35 Sec. 935. Section 252D.19A, subsection 2, Code 2023, is
-654-1amended to read as follows:
22. If the unit child support services takes an enforcement
3action during a calendar year against an obligor and the
4obligor is not delinquent or in arrears solely due to the
5applicability of this section to the obligor, upon discovering
6the circumstances, the unit child support services shall
7promptly discontinue the enforcement action.
8 Sec. 936. Section 252D.20, Code 2023, is amended to read as
9follows:
10252D.20 Administration of income withholding procedures.
11The child Child support recovery unit services is designated
12as the entity of the state to administer income withholding in
13accordance with the procedures specified for keeping adequate
14records to document, track, and monitor support payments on
15cases subject to Tit.IV-D of the federal Social Security
16Act. The collection services center is designated as the
17entity for administering income withholding for cases which are
18not subject to Tit.IV-D. The collection services center’s
19responsibilities for administering income withholding in cases
20not subject to Tit.IV-D are limited to the receipt, recording,
21and disbursement of income withholding payments and to
22responding to requests for information on the current status of
23support payments pursuant to section 252B.13A. Notwithstanding
24section 622.53, in cases where the court or the child support
25recovery unit services is enforcing an order of another state
26or foreign country through income withholding, a certified copy
27of the underlying judgment is sufficient proof of authenticity.
28 Sec. 937. Section 252D.22, Code 2023, is amended to read as
29follows:
30252D.22 Rules.
31The department shall adopt the administrative rules
32necessary to implement the provisions of this chapter as they
33pertain to the operations of the child support recovery unit
34 services.
35 Sec. 938. Section 252D.23, Code 2023, is amended to read as
-655-1follows:
2252D.23 Filing of withholding order — order effective as
3district court order.
4An income withholding order entered by the child support
5recovery unit services pursuant to this chapter shall be
6filed with the clerk of the district court. In lieu of any
7signature on the order which may otherwise be required by law
8or rule, the order shall have affixed the name and address
9of the appropriate child support office services. For the
10purposes of demonstrating compliance by the payor of income,
11the copy of the withholding order or the notice of the order
12received, whether or not the copy of the order is file-stamped,
13shall have all the force, effect, and attributes of a docketed
14order of the district court including, but not limited to,
15availability of contempt of court proceedings against a
16payor of income for noncompliance. However, any information
17contained in the income withholding order or the notice of the
18order related to the amount of the accruing or accrued support
19obligation which does not reflect the correct amount of support
20due does not modify the underlying support judgment.
21 Sec. 939. Section 252E.1, Code 2023, is amended to read as
22follows:
23252E.1 Definitions.
24As used in this chapter, unless the context otherwise
25requires:
261. “Accessible” means any of the following, unless otherwise
27provided in the support order:
28a. The health benefit plan does not have service area
29limitations or provides an option not subject to service area
30limitations.
31b. The health benefit plan has service area limitations and
32the dependent lives within thirty miles or thirty minutes of a
33network primary care provider.
342. “Basic coverage” means health care coverage that at a
35minimum provides coverage for emergency care, inpatient and
-656-1outpatient hospital care, physician services whether provided
2within or outside a hospital setting, and laboratory and x-ray
3services.
43. “Cash medical support” means a monetary amount that
5a parent is ordered to pay to the obligee in lieu of that
6parent providing health care coverage, which amount is five
7percent of the gross income of the parent ordered to pay the
8monetary amount or, if the child support guidelines established
9pursuant to section 598.21B specifically provide an alternative
10income-based numeric standard for determining the amount,
11the amount determined by the standard specified by the child
12support guidelines. “Cash medical support” is an obligation
13separate from any monetary amount a parent is ordered to pay
14for uncovered medical expenses pursuant to the guidelines
15established pursuant to section 598.21B.
164. “Child” means a person for whom child or medical support
17may be ordered pursuant to chapter 234, 239B, 252A, 252C, 252F,
18252H, 252K, 598, 600B, or any other chapter of the Code or
19pursuant to a comparable statute of another state or foreign
20country.
215. “Child support services” means child support services
22created in section 252B.1.
235. 6. “Department” means the department of health and
24 human services, which includes but is not limited to the child
25support recovery unit services, or any comparable support
26enforcement agency of another state.
276. 7. “Dependent” means a child, or an obligee for whom
28a court may order health care coverage pursuant to section
29252E.3.
307. 8. “Enroll” means to be eligible for and covered by a
31health benefit plan.
328. 9. “Health benefit plan” means any policy or contract
33of insurance, indemnity, subscription, or membership issued
34by an insurer, health service corporation, health maintenance
35organization, or any similar corporation or organization, any
-657-1public coverage, or any self-insured employee benefit plan,
2for the purpose of covering medical expenses. These expenses
3may include but are not limited to hospital, surgical, major
4medical insurance, dental, optical, prescription drugs, office
5visits, or any combination of these or any other comparable
6health care expenses.
79. 10. “Health care coverage” or “coverage” means providing
8and paying for the medical needs of a dependent through a
9health benefit plan.
1010. 11. “Insurer” means any entity, including a health
11service corporation, health maintenance organization, or any
12similar corporation or organization, or an employer offering
13self-insurance, that provides a health benefit plan, but does
14not include an entity that provides public coverage.
1511. 12. “Medical support” means either the provision of
16health care coverage or the payment of cash medical support.
17“Medical support” is not alimony.
1812. 13. “National medical support notice” means a notice
19as prescribed under 42 U.S.C. §666(a)(19) or a substantially
20similar notice, that is issued and forwarded by the department
21in accordance with section 252E.4 to enforce the health care
22coverage provisions of a support order. The national medical
23support notice is not applicable to a provider of public
24coverage.
2513. 14. “Obligee” means a parent or another natural person
26legally entitled to receive a support payment on behalf of a
27child.
2814. 15. “Obligor” means a parent or another natural person
29legally responsible for the support of a dependent.
3015. 16. “Order” means a support order entered pursuant to
31chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
32other support chapter, or pursuant to a comparable statute of
33another state or foreign country, or an ex parte order entered
34pursuant to section 252E.4. “Order” also includes a notice of
35such an order issued by the department.
-658- 116. 17. “Plan administrator” means the employer or sponsor
2that offers the health benefit plan or the person to whom the
3duty of plan administrator is delegated by the employer or
4sponsor offering the health benefit plan, by written agreement
5of the parties. “Plan administrator” does not include a
6provider of public coverage.
717. 18. “Primary care provider” means a physician who
8provides primary care who is a family or general practitioner,
9a pediatrician, an internist, an obstetrician, or a
10gynecologist; an advanced registered nurse practitioner; or a
11physician assistant.
1218. 19. “Public coverage” means health care benefits
13provided by any form of federal or state medical assistance,
14including but not limited to benefits provided under chapter
15249A or 514I, or under comparable laws of another state,
16foreign country, or Indian nation or tribe.
1719. “Unit” or “child support recovery unit” means unit as
18defined in section 252B.1.
19 Sec. 940. Section 252E.1A, subsection 1, Code 2023, is
20amended to read as follows:
211. This section shall apply to all initial or modified
22orders for support entered under chapter 234, 252A, 252C, 252F,
23252H, 598, 600B, or any other applicable chapter. If an action
24to establish or modify an order for support is initiated by the
25 child support recovery unit services, section 252E.1B shall
26also apply.
27 Sec. 941. Section 252E.1B, Code 2023, is amended to read as
28follows:
29252E.1B Establishing and modifying orders for medical support
30— actions initiated by child support recovery unit services.
311. If the child support recovery unit services is initiating
32an action to establish or modify support, this section shall
33apply in addition to the provisions of section 252E.1A.
342. The unit Child support services shall apply the following
35order of priority when the unit child support services enters
-659-1or seeks an order for medical support:
2a. If the custodial parent is currently providing coverage
3for the child under a health benefit plan other than public
4coverage, and the plan is available as described in section
5252E.1A, subsection 3, the unit child support services shall
6enter or seek an order for the custodial parent to provide
7coverage.
8b. If the noncustodial parent is currently providing
9coverage for the child under a health benefit plan other than
10public coverage, and the plan is available as described in
11section 252E.1A, subsection 3, the unit child support services
12 shall enter or seek an order for the noncustodial parent to
13provide coverage.
14c. If a health benefit plan other than public coverage is
15available as described in section 252E.1A, subsection 3, to the
16custodial parent, the unit child support services shall enter
17or seek an order for the custodial parent to provide coverage.
18d. If a health benefit plan other than public coverage is
19available as described in section 252E.1A, subsection 3, to
20the noncustodial parent, the unit child support services shall
21enter or seek an order for the noncustodial parent to provide
22coverage.
23e. If a health benefit plan other than public coverage
24is not available to either parent, and the custodial parent
25has public coverage for the child, the unit child support
26services shall enter or seek an order for the custodial parent
27to provide health care coverage and shall enter or seek an
28order for the noncustodial parent to pay cash medical support.
29However, if any of the circumstances described in section
30252E.1A, subsection 4, paragraph “a”, “b”, or “c” is met, the
31unit child support services shall enter or seek an order as
32specified by the applicable paragraph.
333. Notwithstanding subsection 2, if there is an order for
34joint physical care for the child and the parties subject to
35the support order, the unit child support services shall apply
-660-1the following order of priority when the unit child support
2services enters or seeks an order for medical support:
3a. If only one parent is currently providing coverage
4for the child under a health benefit plan other than public
5coverage, and the plan is available as described in section
6252E.1A, subsection 3, the unit child support services shall
7enter or seek an order for that parent to provide coverage.
8b. If both parents are currently providing coverage for the
9child under a health benefit plan other than public coverage,
10and both plans are available as described in section 252E.1A,
11subsection 3, the unit child support services shall enter or
12seek an order for both parents to provide coverage.
13c. If neither parent is currently providing coverage
14for the child under a health benefit plan other than public
15coverage, and a health benefit plan other than public coverage
16is available as described in section 252E.1A, subsection 3, to
17one parent, the unit child support services shall enter or seek
18an order for that parent to provide coverage.
19d. If neither parent is currently providing coverage
20for the child under a health benefit plan other than public
21coverage, and a health benefit plan other than public coverage
22is available as described in section 252E.1A, subsection 3, to
23both parents, the unit child support services shall enter or
24seek an order for both parents to provide coverage.
25e. If a health benefit plan other than public coverage
26is not available to either parent and one parent has public
27coverage for the child, the unit child support services shall
28enter or seek an order for that parent to provide health care
29coverage.
304. The child Child support recovery unit services or the
31court shall not order any modification to an existing medical
32support order in a proceeding conducted solely pursuant to
33chapter 252H, subchapter IV.
34 Sec. 942. Section 252E.2, subsection 2, paragraph a, Code
352023, is amended to read as follows:
-661- 1a. The name and the last known mailing address of the
2participant and the name and mailing address of each child
3covered by the order except that, to the extent provided in
4the order, the name and mailing address of an official of the
5department may be substituted for the mailing address of the
6child.
7 Sec. 943. Section 252E.2A, Code 2023, is amended to read as
8follows:
9252E.2A Satisfaction of medical support order.
10This section shall apply if the child support recovery unit
11 services is providing services under chapter 252B.
121. Notwithstanding any law to the contrary and without
13a court order, a medical support order for a child shall be
14deemed satisfied with regard to the department, the child, the
15obligor, and the obligee for the period during which all of the
16following conditions are met:
17a. The order is issued under any applicable chapter of the
18Code.
19b. The unit Child support services is notified that the
20conditions of paragraph “c” are met and the parent ordered to
21provide medical support submits a written statement to the unit
22 child support services that the requirements of paragraph “c”
23are met.
24c. The parent ordered to provide medical support meets at
25least one of the following conditions:
26(1) The parent is an inmate of an institution under the
27control of the department of corrections or a comparable
28institution in another state.
29(2) The parent’s monthly child support obligation under
30the guidelines established pursuant to section 598.21B is the
31minimum obligation amount.
32(3) The parent is a recipient of assistance under chapter
33239B or 249A, or under comparable laws of another state.
34(4) The parent is residing with any child for whom the
35parent is legally responsible and that child is a recipient
-662-1of assistance under chapter 239B, 249A, or 514I, or under
2comparable laws of another state. For purposes of this
3subparagraph, “legally responsible” means the parent has a legal
4obligation to the child as specified in Iowa court rule 9.7 of
5the child support guidelines.
6d. The unit Child support services files a notice of
7satisfaction with the clerk of the district court. The
8effective date of the satisfaction shall be stated in the
9notice and the effective date shall be no later than forty-five
10days after the unit child support services issues the notice of
11satisfaction.
122. If a medical support order is satisfied under subsection
131, the satisfaction shall continue until all of the following
14apply:
15a. The unit Child support services is notified that none of
16the conditions specified in subsection 1, paragraph “c”, still
17applies.
18b. The unit Child support services files a satisfaction
19termination notice that the requirements for a satisfaction
20under this section no longer apply. The effective date shall
21be stated in the satisfaction termination notice and the
22effective date shall be no later than forty-five days after the
23unit child support services issues the satisfaction termination
24notice.
253. The unit Child support services shall mail a copy of the
26notice of satisfaction and the satisfaction termination notice
27to the last known address of the obligor and obligee.
284. The department of human services may match data for
29enrollees of the hawk-i Hawki program created pursuant to
30chapter 514I with data of the unit child support services to
31assist the unit child support services in implementing this
32section.
335. An order, decree, or judgment entered or pending on or
34before July 1, 2009, that provides for the support of a child
35may be satisfied as provided in this section.
-663-1 Sec. 944. Section 252E.4, subsection 1, Code 2023, is
2amended to read as follows:
31. When a support order requires an obligor to provide
4coverage under a health benefit plan other than public
5coverage, the district court or the department may enter an
6ex parte order directing an employer to take all actions
7necessary to enroll an obligor’s dependent for coverage under
8a health benefit plan or may include the provisions in an ex
9parte income withholding order or notice of income withholding
10pursuant to chapter 252D. The child Child support recovery
11unit services, where appropriate, shall issue a national
12medical support notice to an employer within two business days
13after the date information regarding a newly hired employee is
14entered into the centralized employee registry and matched with
15a noncustodial parent in the case being enforced by the unit
16 child support services, or upon receipt of other employment
17information for such parent. The department may amend the
18information in the ex parte order or may amend or terminate
19the national medical support notice regarding health insurance
20provisions if necessary to comply with health insurance
21requirements including but not limited to the provisions of
22section 252E.2, subsection 2, or to correct a mistake of fact.
23 Sec. 945. Section 252E.5, subsection 8, paragraph g,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) If the obligor is not enrolled in a health benefit
26plan or is not enrolled in a health benefit plan that offers
27dependent coverage, if more than one plan with dependent
28coverage is offered by the employer, and if the notice is
29issued by the child support recovery unit services, all of the
30following shall apply:
31(a) If only one of the plans is accessible to the dependent,
32that plan shall be selected. If none of the plans with
33dependent coverage is accessible to the dependent, the unit
34 child support services shall amend or terminate the notice.
35(b) If more than one of the plans is accessible to the
-664-1dependent, the plan selected shall be the plan that provides
2basic coverage for which the employee’s share of the premium
3is lowest.
4(c) If more than one of the plans is accessible to the
5dependent but none of the accessible plans provides basic
6coverage, the plan selected shall be a plan that is accessible
7and for which the employee’s share of the premium is lowest.
8(d) If the employee’s share of the premiums is the same
9under all plans described in subparagraph (b) or (c), the
10unit child support services shall attempt to consult with the
11obligee when selecting the plan. If the obligee does not
12respond within ten days of the unit’s child support services’
13 attempt, the unit child support services shall select a plan
14which shall be the plan’s default option, if any, or the plan
15with the lowest deductibles and copayment requirements.
16 Sec. 946. Section 252E.5, subsection 8, paragraph h,
17subparagraph (2), Code 2023, is amended to read as follows:
18(2) If the dependent is or is to be enrolled, notify the
19obligor, the obligee, and the child and furnish the obligee
20with necessary information. Provide the child support recovery
21unit services with the type of health benefit plan under which
22the dependent has been enrolled, including whether dental,
23optical, office visits, and prescription drugs are covered
24services.
25 Sec. 947. Section 252E.6A, subsections 1 and 3, Code 2023,
26are amended to read as follows:
271. An obligor may move to quash the order to the employer
28under section 252E.4 by following the same procedures and
29alleging a mistake of a fact as provided in section 252D.31
30or as provided in subsection 2. If the unit child support
31services is enforcing an income withholding order and a medical
32support order simultaneously, any challenge to the income
33withholding order and medical support enforcement shall be
34filed and heard simultaneously.
353. The employer shall comply with the requirements of this
-665-1chapter until the employer receives notice that a motion to
2quash has been granted, or that the unit child support services
3 has amended or terminated the national medical support notice.
4 Sec. 948. Section 252F.1, Code 2023, is amended to read as
5follows:
6252F.1 Definitions.
7As used in this chapter unless the context otherwise
8requires:
91. “Administrator” means the administrator of the child
10support recovery unit of the department of human services or
11the administrator’s designee.
122. 1. “Child” means a person who is less than age eighteen
13or a person who is age eighteen but less than age nineteen
14and is engaged full-time in completing high school graduation
15or equivalency requirements in a manner which is reasonably
16expected to result in completion of the requirements prior to
17the person reaching age nineteen.
182. “Child support services” means the same as child support
19services created in section 252B.2.
203. “Department” means the department of health and human
21services.
224. “Director” means the director of health and human
23services.
243. 5. “Mother” means a mother of the child for whom
25paternity is being established.
264. 6. “Party” means a putative father or a mother, as named
27in an action.
285. 7. “Paternity is at issue” means any of the following
29conditions:
30a. A child was not born or conceived within marriage.
31b. A child was born or conceived within marriage but a court
32has declared that the child is not the issue of the marriage.
336. 8. “Paternity test” means and includes any form of
34blood, tissue, or genetic testing administered to determine the
35biological father of a child.
-666- 17. 9. “Putative father” means a person alleged to be the
2biological father of a child.
38. “Unit” means the child support recovery unit created in
4section 252B.2.
5 Sec. 949. Section 252F.2, Code 2023, is amended to read as
6follows:
7252F.2 Jurisdiction.
81. In any case in which the unit child support services
9 is providing services pursuant to chapter 252B and paternity
10is at issue, proceedings may be initiated by the unit child
11support services pursuant to this chapter for the sole purpose
12of establishing paternity and any accrued or accruing child
13support or medical support obligations. Proceedings under
14this chapter are in addition to other means of establishing
15paternity or support. Issues in addition to establishment of
16paternity or support obligations shall not be addressed in
17proceedings initiated under this chapter.
182. An action to establish paternity and support under this
19chapter may be brought within the time limitations set forth
20in section 614.8.
21 Sec. 950. Section 252F.3, Code 2023, is amended to read as
22follows:
23252F.3 Notice of alleged paternity and support debt —
24conference — request for hearing.
251. The unit Child support services may prepare a notice
26of alleged paternity and support debt to be served on a
27party if the mother of the child or a government official
28with knowledge of the circumstances of possible paternity
29relying on government records provides a written statement
30to the department of human services certifying in accordance
31with section 622.1 that the putative father is or may be the
32biological father of the child or children involved. The
33notice shall be accompanied by a copy of the statement and
34served on the putative father in accordance with rule of civil
35procedure 1.305. Service upon the mother shall not constitute
-667-1valid service upon the putative father. The notice shall
2include or be accompanied by all of the following:
3a. The name of the recipient of services under chapter 252B
4and the name and birth date of the child or children involved.
5b. A statement that the putative father has been named as
6the biological father of the child or children named.
7c. A statement that if paternity is established, the
8amount of the putative father’s monthly support obligation
9and the amount of the support debt accrued and accruing will
10be established in accordance with the guidelines established
11in section 598.21B, and the criteria established pursuant to
12section 252B.7A.
13d. A statement that if paternity is established, a party has
14a duty to provide accrued and accruing medical support to the
15child or children in accordance with chapter 252E.
16e. A written explanation of the procedures for determining
17the child support obligation and a request for financial or
18income information as necessary for application of the child
19support guidelines established pursuant to section 598.21B.
20f. (1) The right of a party to request a conference
21with the unit child support services to discuss paternity
22establishment and the amount of support that a party may be
23required to provide, within ten days of the date of service of
24the original notice or, if paternity is contested and paternity
25testing is conducted, within ten days of the date the paternity
26test results are issued or mailed to a party by the unit child
27support services.
28(2) A statement that if a conference is requested, a party
29shall have one of the following time frames, whichever is the
30latest, to send a written request for a court hearing on the
31issue of support to the unit child support services:
32(a) Ten days from the date set for the conference.
33(b) Twenty days from the date of service of the original
34notice.
35(c) If paternity was contested and paternity testing
-668-1was conducted, and a party does not deny paternity after the
2testing or challenge the paternity test results, twenty days
3from the date paternity test results are issued or mailed by
4the unit child support services to the party.
5(3) A statement that after the holding of the conference,
6the unit child support services shall issue a new notice of
7alleged paternity and finding of financial responsibility for
8child support or medical support, or both, to be provided in
9person to each party or sent to each party by regular mail
10addressed to the party’s last known address or, if applicable,
11to the last known address of the party’s attorney.
12(4) A statement that if the unit child support services
13 issues a new notice of alleged paternity and finding of
14financial responsibility for child support or medical support,
15or both, a party shall have one of the following time frames,
16whichever is the latest, to send a written request for a court
17hearing on the issue of support to the unit child support
18services:
19(a) Ten days from the date of issuance of the new notice.
20(b) Twenty days from the date of service of the original
21notice.
22(c) If paternity was contested and paternity testing
23conducted, and a party does not deny paternity after the
24testing or challenge the paternity test results, twenty days
25from the date the paternity test results are issued or mailed
26to the party by the unit child support services.
27g. A statement that if a conference is not requested, and
28a party does not deny paternity or challenge the results of
29any paternity testing conducted but objects to the finding
30of financial responsibility or the amount of child support
31or medical support, or both, the party shall send a written
32request for a court hearing on the issue of support to the
33unit child support services within twenty days of the date of
34service of the original notice, or, if paternity was contested
35and paternity testing conducted, and a party does not deny
-669-1paternity after the testing or challenge the paternity test
2results, within twenty days from the date the paternity test
3results are issued or mailed to the party by the unit child
4support services, whichever is later.
5h. A statement that if a timely written request for a
6hearing on the issue of support is received by the unit
7 child support services, the party shall have the right to a
8hearing to be held in district court and that if no timely
9written request is received and paternity is not contested,
10the administrator department shall enter an order establishing
11the putative father as the father of the child or children and
12establishing child support or medical support, or both, in
13accordance with the notice of alleged paternity and support
14debt.
15i. A written explanation of the rights and responsibilities
16associated with the establishment of paternity.
17j. A written explanation of a party’s right to deny
18paternity, the procedures for denying paternity, and the
19consequences of the denial.
20k. A statement that if a party contests paternity, the party
21shall have twenty days from the date of service of the original
22notice to submit a written denial of paternity to the unit
23 child support services.
24l. A statement that if paternity is contested, the unit
25 child support services shall, at the request of the party
26contesting paternity or on its own initiative, enter an
27administrative order requiring the putative father, mother, and
28child or children involved, to submit to paternity testing.
29m. A statement that if paternity tests are conducted, the
30unit child support services shall provide a copy of the test
31results to each party in person or send a copy to each party
32by regular mail, addressed to the party’s last known address,
33or, if applicable, to the last known address of the party’s
34attorney.
35n. A statement setting forth the time frames for contesting
-670-1paternity after paternity tests are conducted.
2o. Other information as the unit child support services
3 finds appropriate.
42. The time limitations established for the notice
5provisions under subsection 1 are binding unless otherwise
6specified in this chapter or waived pursuant to section 252F.8.
73. a. If notice is served on a party, the unit child
8support services shall file a true copy of the notice and the
9original return of service with the appropriate clerk of the
10district court as follows:
11(1) In the county in which the child or children reside if
12the action is for purposes of establishing paternity and future
13child or medical support, or both.
14(2) In the county in which the child or children involved
15last received public assistance benefits in the state, if
16the action is for purposes of establishing paternity and
17child or medical support, or both, only for prior periods of
18time when the child or children received public assistance,
19and no ongoing child or medical support obligation is to be
20established by this action.
21(3) If the action is the result of a request from another
22state or foreign country to establish paternity of a putative
23father located in Iowa, in the county in which the putative
24father resides.
25b. All subsequent documents filed or court hearings held
26related to the action shall be in the district court in the
27county in which notice was filed pursuant to this subsection.
28The clerk shall file and docket the action.
294. A party or the child support recovery unit services may
30request a court hearing regarding establishment of paternity or
31a determination of support, or both.
32a. Upon receipt of a timely written response requesting
33a hearing or on its own initiative, the unit child support
34services shall certify the matter for hearing in the district
35court in the county where the original notice of alleged
-671-1paternity and support debt is filed, in accordance with section
2252F.5.
3b. If paternity establishment was contested and paternity
4tests conducted, a court hearing on the issue of paternity
5shall be held no earlier than thirty days from the date
6paternity test results are issued to all parties by the unit
7 child support services, unless the parties mutually agree to
8waive the time frame pursuant to section 252F.8.
9c. Any objection to the results of paternity tests shall be
10filed no later than twenty days after the date paternity test
11results are issued or mailed to each party by the unit child
12support services. Any objection to paternity test results
13filed by a party more than twenty days after the date paternity
14tests are issued or mailed to the party by the unit child
15support services shall not be accepted or considered by the
16court.
175. If a timely written response and request for a court
18hearing is not received by the unit child support services and
19a party does not deny paternity, the administrator department
20 shall enter an order in accordance with section 252F.4.
216. a. If a party contests the establishment of paternity,
22the party shall submit, within twenty days of service of the
23notice on the party under subsection 1, a written statement
24contesting paternity establishment to the unit child support
25services. Upon receipt of a written challenge of paternity
26establishment, or upon initiation by the unit child support
27services, the administrator department shall enter ex parte
28administrative orders requiring the mother, child or children
29involved, and the putative father to submit to paternity
30testing, except that if the mother and child or children
31previously submitted blood or genetic specimens in a prior
32action to establish paternity against a different putative
33father, the previously submitted specimens and prior results,
34if available, may be utilized for testing in this action.
35Either the mother or putative father may contest paternity
-672-1under this chapter.
2b. The orders shall be filed with the clerk of the district
3court in the county where the notice was filed and have the
4same force and effect as a court order for paternity testing.
5c. The unit Child support services shall issue copies of the
6respective administrative orders for paternity testing to the
7mother and putative father in person, or by regular mail to the
8last known address of each, or if applicable, to the last known
9address of the attorney for each.
10d. If a paternity test is ordered under this section,
11the administrator department shall direct that inherited
12characteristics be analyzed and interpreted, and shall appoint
13an expert qualified as an examiner of genetic markers to
14analyze and interpret the results. The test shall be of a type
15generally acknowledged as reliable by accreditation entities
16designated by the secretary of the United States department
17of health and human services and shall be performed by a
18laboratory approved by an accreditation entity.
19e. The party contesting paternity shall be provided one
20opportunity to reschedule the paternity testing appointment if
21the testing is rescheduled prior to the date of the originally
22scheduled appointment.
23f. An original copy of the test results shall be filed with
24the clerk of the district court in the county where the notice
25was filed. The child Child support recovery unit services
26 shall issue a copy of the filed test results to each party in
27person, or by regular mail to the last known address of each,
28or if applicable, to the last known address of the attorney
29for each. However, if the action is the result of a request
30from another state or foreign country, the unit child support
31services shall issue a copy of the results to the initiating
32agency in that jurisdiction.
33g. Verified documentation of the chain of custody of the
34blood or genetic specimens is competent evidence to establish
35the chain of custody. The testimony of the appointed expert is
-673-1not required. A verified expert’s report of test results which
2indicate a statistical probability of paternity is sufficient
3authenticity of the expert’s conclusion.
4h. A verified expert’s report shall be admitted as evidence
5to establish administrative paternity, and, if a court hearing
6is scheduled to resolve the issue of paternity, shall be
7admitted as evidence and is admissible at trial.
8i. If the verified expert concludes that the test results
9show that the putative father is not excluded and that the
10probability of the putative father’s paternity is ninety-five
11percent or higher, there shall be a rebuttable presumption that
12the putative father is the biological father, and the evidence
13shall be sufficient as a basis for administrative establishment
14of paternity.
15(1) In order to challenge the presumption of paternity, a
16party shall file a written notice of the challenge with the
17district court within twenty days from the date the paternity
18test results are issued or mailed to all parties by the unit
19 child support services. Any challenge to a presumption of
20paternity resulting from paternity tests, or to paternity test
21results filed after the lapse of the twenty-day time frame
22shall not be accepted or admissible by the unit child support
23services or the court.
24(2) A copy of the notice challenging the presumption of
25paternity shall be provided to any other party in person, or
26by mailing the notice to the last known address of each party,
27or if applicable, to the last known address of each party’s
28attorney.
29(3) The party challenging the presumption of paternity
30has the burden of proving that the putative father is not the
31father of the child.
32(4) The presumption of paternity may be rebutted only by
33clear and convincing evidence.
34j. If the verified expert concludes that the test results
35indicate that the putative father is not excluded and that
-674-1the probability of the putative father’s paternity is less
2than ninety-five percent, the administrator department shall
3order a subsequent administrative paternity test or certify the
4case to the district court for resolution in accordance with
5the procedures and time frames specified in paragraph “i” and
6section 252F.5.
7k. If the results of the test or the verified expert’s
8analysis are timely challenged as provided in this subsection,
9the administrator department, upon the request of a party
10and advance payment by the contestant or upon the unit’s own
11 initiative of child support services, shall order that an
12additional test be performed by the same laboratory or an
13independent laboratory. If the party requesting additional
14testing does not advance payment, the administrator department
15 shall certify the case to the district court in accordance with
16paragraph “i” and section 252F.5.
17l. When a subsequent paternity test is conducted, the time
18frames in this chapter associated with paternity tests shall
19apply to the most recently completed test.
20m. If the paternity test results exclude the putative father
21as a potential biological father of the child or children,
22and additional tests are not requested by either party or
23conducted on the unit’s initiative of child support services,
24or if additional tests exclude the putative father as a
25potential biological father, the unit child support services
26 shall withdraw its action against the putative father and
27shall file a notice of the withdrawal with the clerk of the
28district court, and shall provide a copy of the notice to each
29party in person, or by regular mail sent to each party’s last
30known address, or if applicable, the last known address of the
31party’s attorney.
32n. Except as provided in paragraph “k”, the unit child
33support services shall advance the costs of genetic testing.
34If paternity is established and paternity testing was
35conducted, the unit child support services shall enter an order
-675-1or, if the action proceeded to a court hearing, request that
2the court enter a judgment for the costs of the paternity tests
3consistent with applicable federal law. In a proceeding under
4this chapter, a copy of a bill for genetic testing shall be
5admitted as evidence without requiring third-party foundation
6testimony and shall constitute prima facie evidence of the
7amount incurred for genetic testing.
8 Sec. 951. Section 252F.4, Code 2023, is amended to read as
9follows:
10252F.4 Entry of order.
111. If each party fails to respond to the initial notice
12within twenty days after the date of service of the notice or
13fails to appear at a conference pursuant to section 252F.3 on
14the scheduled date of the conference, and paternity has not
15been contested and each party fails to timely request a court
16hearing on the issue of support, the administrator department
17 shall enter an order against the parties, declaring the
18putative father to be the legal father of the child or children
19involved and assessing any accrued and accruing child support
20obligation pursuant to the guidelines established under section
21598.21B, and medical support pursuant to chapter 252E.
222. If paternity is contested pursuant to section 252F.3,
23subsection 6, and the party contesting paternity fails to
24appear for a paternity test and fails to request a rescheduling
25pursuant to section 252F.3, or fails to appear for both the
26initial and the rescheduled paternity tests and each party
27fails to timely request a court hearing on the issue of
28support, the administrator department shall enter an order
29against the parties declaring the putative father to be the
30legal father of the child or children involved and assessing
31any accrued and accruing child support obligation pursuant to
32the guidelines established under section 598.21B, and medical
33support pursuant to chapter 252E.
343. If a conference pursuant to section 252F.3 is held,
35and paternity is not contested, and each party fails to
-676-1timely request a court hearing on the issue of support, the
2administrator department shall enter an order against the
3parties after the second notice has been sent declaring the
4putative father to be the legal father of the child or children
5involved and assessing any accrued and accruing child support
6obligation pursuant to the guidelines established under section
7598.21B, and medical support pursuant to chapter 252E.
84. If paternity was contested and paternity testing was
9performed and the putative father was not excluded, if the
10test results indicate that the probability of the putative
11father’s paternity is ninety-five percent or greater, if the
12test results are not timely challenged, and if each party fails
13to timely request a court hearing on the issue of support,
14the administrator department shall enter an order against the
15parties declaring the putative father to be the legal father of
16the child or children involved and assessing any accrued and
17accruing child support obligation pursuant to the guidelines
18established under section 598.21B, and medical support pursuant
19to chapter 252E.
205. The administrator department shall establish a support
21obligation under this section based upon the best information
22available to the unit child support services and pursuant to
23section 252B.7A.
246. The order shall contain all of the following:
25a. A declaration of paternity.
26b. The amount of monthly support to be paid, with direction
27as to the manner of payment.
28c. The amount of accrued support.
29d. The name of the custodial parent or caretaker.
30e. The name and birth date of the child or children to whom
31the order applies.
32f. A statement that property of a party ordered to provide
33support is subject to income withholding, liens, garnishment,
34tax offset, and other collection actions.
35g. The medical support required pursuant to chapter 598 and
-677-1chapter 252E.
2h. A statement that a party who is ordered to provide
3support is required to inform the child support recovery unit
4 services, on a continuing basis, of the name and address of
5the party’s current employer, whether the party has access to
6health insurance coverage as required in the order, and if so,
7the health insurance policy information.
8i. If paternity was contested by the putative father, the
9amount of any judgment assessed to the father for costs of
10paternity tests conducted pursuant to this chapter.
11j. Statements as required pursuant to section 598.22B.
127. If paternity is not contested but a party does wish
13to challenge the issues of child or medical support, the
14administrator department shall enter an order establishing
15paternity and reserving the issues of child or medical support
16for determination by the district court.
17 Sec. 952. Section 252F.5, Code 2023, is amended to read as
18follows:
19252F.5 Certification to district court.
201. Actions initiated under this chapter are not subject
21to contested case proceedings or further review pursuant to
22chapter 17A.
232. An action under this chapter may be certified to
24the district court if a party timely contests paternity
25establishment or paternity test results, or if a party requests
26a court hearing on the issues of child or medical support, or
27both, or upon the initiation of the unit child support services
28 as provided in this chapter. Review by the district court
29shall be an original hearing before the court.
303. In any action brought under this chapter, the action
31shall not be certified to the district court in a contested
32paternity action unless all of the following have occurred:
33a. Paternity testing has been completed.
34b. The results of the paternity test have been issued to all
35parties.
-678- 1c. A timely written objection to paternity establishment
2or paternity test results has been received from a party, or
3a timely written request for a court hearing on the issue
4of support has been received from a party by the unit child
5support services, or the unit child support services has
6requested a court hearing on the unit’s child support services’
7 own initiative.
84. A matter shall be certified to the district court in
9the county in which the notice was filed pursuant to section
10252F.3, subsection 3.
115. The court shall set the matter for hearing and notify the
12parties of the time of and place for hearing.
136. If the court determines that the putative father is
14the legal father, the court shall establish the amount of the
15accrued and accruing child support pursuant to the guidelines
16established under section 598.21B, and shall establish medical
17support pursuant to chapter 252E.
187. If the putative father or another party contesting
19paternity fails to appear at the hearing, upon a showing
20that proper notice has been provided to the party, the court
21shall find the party in default and enter an appropriate order
22establishing paternity and support.
23 Sec. 953. Section 252F.6, Code 2023, is amended to read as
24follows:
25252F.6 Filing with the district court.
26Following issuance of an order by the administrator
27 department, the order shall be presented to an appropriate
28district court judge for review and approval. Unless a defect
29appears on the face of the order, the district court shall
30approve the order. Upon approval by the district court judge,
31the order shall be filed in the district court in the county
32in which the notice was filed pursuant to section 252F.3,
33subsection 3. Upon filing, the order has the same force and
34effect as a district court order.
35 Sec. 954. Section 252F.7, Code 2023, is amended to read as
-679-1follows:
2252F.7 Report to state registrar of vital records statistics.
3Upon the filing of an order with the district court pursuant
4to this chapter, the clerk of the district court shall report
5the information from the order to the bureau of state registrar
6of vital records statistics in the manner provided in section
7600B.36.
8 Sec. 955. Section 252F.8, Code 2023, is amended to read as
9follows:
10252F.8 Waiver of time limitations.
111. A putative father or other party may waive the time
12limitations established in this chapter.
132. If a party does not contest paternity or wish to request
14a conference or court hearing on the issue of support, upon
15receipt of a signed statement from the putative father and
16any other party that may contest establishment of paternity,
17waiving the time limitations, the administrator department
18 shall enter an order establishing paternity and support and the
19court may approve the order, notwithstanding the expiration of
20the period of the time limitations if paternity is established.
213. If a putative father or other party waives the time
22limitations and an order establishing paternity or determining
23support, or both, is entered under this chapter, the signed
24statement of the putative father and other party waiving the
25time limitations shall be filed with the order.
26 Sec. 956. Section 252G.1, Code 2023, is amended to read as
27follows:
28252G.1 Definitions.
29As used in this chapter, unless the context otherwise
30requires:
311. “Business day” means a day on which state offices are
32open for regular business.
332. “Child support services” means child support services
34created in section 252B.2.
352. 3. “Compensation” means payment owed by the payor of
-680-1income for:
2a. Labor or services rendered by an employee or contractor
3to the payor of income.
4b. Benefits including, but not limited to, vacation,
5holiday, and sick leave, and severance payments which are due
6an employee under an agreement with the employer or under a
7policy of the employer.
83. 4. “Contractor” means a natural person who is eighteen
9years of age or older, who performs labor in this state to
10whom a payor of income makes payments which are not subject to
11withholding and for whom the payor of income is required by the
12internal revenue service to complete a 1099-MISC form.
134. 5. “Date of hire” means either of the following:
14a. The first day for which an employee is owed compensation
15by the payor of income.
16b. The first day that a contractor performs labor or
17services for the payor of income.
185. 6. “Days” means calendar days.
196. 7. “Department” means the department of health and human
20services.
217. 8. “Dependent” includes a spouse or child or any other
22person who is in need of and entitled to support from a person
23who is declared to be legally liable for the support of that
24dependent.
258. 9. “Employee” means a natural person who performs labor
26in this state and is employed by an employer in this state for
27compensation and for whom the employer withholds federal or
28state tax liabilities from the employee’s compensation.
299. 10. “Employer” means a person doing business in this
30state who engages an employee for compensation and for whom the
31employer withholds federal or state tax liabilities from the
32employee’s compensation. “Employer” includes any governmental
33entity and any labor organization.
3410. 11. “Labor organization” means any organization of
35any kind, or any agency, or employee representation committee
-681-1or plan, in which employees participate and which exists for
2the purpose, in whole or in part, of dealing with employers
3concerning grievances, labor disputes, wages, rates of pay,
4hours of employment, or conditions of work.
511. 12. “Natural person” means an individual and not a
6corporation, government, business trust, estate, partnership,
7proprietorship, or other legal entity, however organized.
812. 13. “Payor of income” includes both an employer and a
9person engaged in a trade or business in this state who engages
10a contractor for compensation.
1113. 14. “Registry” means the central employee registry
12created in section 252G.2.
1314. 15. “Rehire” means the first day for which an employee
14is owed compensation by the payor of income following a
15termination of employment lasting a minimum of six consecutive
16weeks. Termination of employment does not include temporary
17separations from employment such as unpaid medical leave, an
18unpaid leave of absence, or a temporary layoff.
1915. “Unit” means the child support recovery unit created in
20section 252B.2.
21 Sec. 957. Section 252G.2, Code 2023, is amended to read as
22follows:
23252G.2 Establishment of central employee registry.
24By January 1, 1994, the unit Child support services shall
25establish a centralized employee registry database for the
26purpose of receiving and maintaining information on newly hired
27or rehired employees from employers. The unit Child support
28services shall establish the database and the department may
29adopt rules in conjunction with the department of revenue and
30the department of workforce development to identify appropriate
31uses of the registry and to implement this chapter, including
32implementation through the entering of agreements pursuant to
33chapter 28E.
34 Sec. 958. Section 252G.3, subsection 3, paragraphs b and d,
35Code 2023, are amended to read as follows:
-682- 1b. By submitting electronic media in a format approved by
2the unit child support services in advance.
3d. By any other means authorized by the unit child support
4services in advance if the means will result in timely
5reporting.
6 Sec. 959. Section 252G.4, subsection 1, paragraph a,
7unnumbered paragraph 1, Code 2023, is amended to read as
8follows:
9Beginning January 1, 1994, a A payor of income to whom
10section 252G.3 is inapplicable, who enters into an agreement
11for the performance of services with a contractor, shall report
12the contractor to the registry. Payors of income shall report
13contractors performing labor under an agreement within fifteen
14days of the date on which all of the following conditions are
15met:
16 Sec. 960. Section 252G.4, subsection 3, Code 2023, is
17amended to read as follows:
183. A payor of income required to report under this section
19may report the information required under subsection 1 by any
20written means authorized by the unit child support services
21 which results in timely reporting.
22 Sec. 961. Section 252G.5, subsection 1, Code 2023, is
23amended to read as follows:
241. The unit Child support services for program
25 administration of the child support enforcement program,
26including but not limited to activities related to
27establishment and enforcement of child and medical support
28obligations through administrative or judicial processes, and
29other services authorized pursuant to chapter 252B.
30 Sec. 962. Section 252G.7, Code 2023, is amended to read as
31follows:
32252G.7 Data entry and transmitting centralized employee
33registry records to the national new hire registry.
34The unit Child support services shall enter new hire data
35into the centralized employee directory database within five
-683-1business days of receipt from employers and shall transmit the
2records of the centralized employee registry to the national
3directory of new hires within three business days after the
4date information regarding a newly hired employee is entered
5into the centralized employee registry.
6 Sec. 963. Section 252G.8, Code 2023, is amended to read as
7follows:
8252G.8 Income withholding requirements.
9Within two business days after the date information
10regarding a newly hired employee is entered into the
11centralized employee registry and matched with obligors in
12cases being enforced by the unit child support services, the
13unit child support services shall transmit a notice to the
14employer or payor of income of the employee directing the
15employer or payor of income to withhold from the income of the
16employee in accordance with chapter 252D.
17 Sec. 964. Section 252H.1, Code 2023, is amended to read as
18follows:
19252H.1 Purpose and intent.
20This chapter is intended to provide a means for state
21compliance with Tit.IV-D of the federal Social Security
22Act, as amended, requiring states to provide procedures for
23the review and adjustment of support orders being enforced
24under Tit.IV-D of the federal Social Security Act, and also
25to provide an expedited modification process when review
26and adjustment procedures are not required, appropriate, or
27applicable. Actions under this chapter shall be initiated only
28by the child support recovery unit services.
29 Sec. 965. Section 252H.2, Code 2023, is amended to read as
30follows:
31252H.2 Definitions.
321. As used in this chapter, unless the context otherwise
33requires, “administrator”, “caretaker”, “court order”,
34“department”, “dependent child”, “medical support”, and
35“responsible person” mean the same as defined in section 252C.1.
-684- 12. As used in this chapter, unless the context otherwise
2requires:
3a. “Act” means the federal Social Security Act.
4b. “Adjustment” applies only to the child support provisions
5of a support order and means either of the following:
6(1) A change in the amount of child support based upon
7an application of the child support guidelines established
8pursuant to section 598.21B.
9(2) An addition of or change to provisions for medical
10support as provided in chapter 252E.
11c. “Child” means a child as defined in section 252B.1.
12d. “Child support agency” means any state, county, or local
13office or entity of another state that has the responsibility
14for providing child support enforcement services under Tit.
15IV-D of the Act.
16e. “Child support recovery unit” or “unit” “Child support
17services” means the child support recovery unit services created
18pursuant to in section 252B.2.
19f. “Cost-of-living alteration” means a change in an existing
20child support order which equals an amount which is the
21amount of the support obligation following application of the
22percentage change of the consumer price index for all urban
23consumers, United States city average, as published in the
24federal register by the federal department of labor, bureau of
25labor statistics.
26g. “Determination of controlling order” means the process
27of identifying a child support order which must be recognized
28pursuant to section 252K.207 and 28 U.S.C. §1738B, when
29more than one state has issued a support order for the same
30child and the same obligor, and may include a reconciliation
31of arrearages with information related to the calculation.
32Registration of an order of another state or foreign country is
33not necessary for a court or the unit child support services to
34make a determination of controlling order.
35h. “Modification” means either of the following:
-685- 1(1) A change, correction, or termination of an existing
2support order.
3(2) The establishment of a child or medical support
4obligation in a previously established order entered
5pursuant to chapter 234, 252A, 252C, 598, 600B, or any other
6support proceeding, in which such support was not previously
7established, or in which support was previously established
8and subsequently terminated prior to the emancipation of the
9children affected.
10i. “Parent” means, for the purposes of requesting a review
11of a support order and for being entitled to notice under this
12chapter:
13(1) The individual ordered to pay support pursuant to the
14order.
15(2) An individual or entity entitled to receive current or
16future support payments pursuant to the order, or pursuant to a
17current assignment of support including but not limited to an
18agency of this or any other state that is currently providing
19public assistance benefits to the child for whom support is
20ordered and any child support agency. Service of notice of
21an action initiated under this chapter on an agency is not
22required, but the agency may be advised of the action by other
23means.
24j. “Public assistance” means benefits received in this state
25or any other state, under Tit.IV-A (temporary assistance to
26needy families), IV-E (foster care), or XIX (Medicaid) of the
27Act.
28k. “Review” means an objective evaluation conducted through
29a proceeding before a court, administrative body, or an agency,
30of information necessary for the application of a state’s
31mandatory child support guidelines to determine:
32(1) The appropriate monetary amount of support.
33(2) Provisions for medical support.
34l. “State” means “state” as defined in chapter 252K.
35m. “Support order” means an order for support issued
-686-1pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E,
2252F, 598, 600B, or any other applicable chapter, or under
3a comparable statute of another state or foreign country as
4registered with the clerk of court or certified to the child
5support recovery unit services.
6 Sec. 966. Section 252H.3, subsections 2 and 3, Code 2023,
7are amended to read as follows:
82. Nonsupport issues shall not be considered by the unit
9 child support services or the court in any action resulting
10under this chapter.
113. Actions initiated by the unit child support services
12 under this chapter shall not be subject to contested case
13proceedings or further review pursuant to chapter 17A and
14resulting court hearings following certification shall be an
15original hearing before the district court.
16 Sec. 967. Section 252H.4, Code 2023, is amended to read as
17follows:
18252H.4 Role of the child support recovery unit services.
191. The unit Child support services may administratively
20adjust or modify or may provide for an administrative
21cost-of-living alteration of a support order entered under
22chapter 234, 252A, 252C, 598, or 600B, or any other support
23chapter if the unit child support services is providing
24enforcement services pursuant to chapter 252B.The unit
25 Child support services is not required to intervene to
26administratively adjust or modify or provide for an
27administrative cost-of-living alteration of a support order
28under this chapter.
292. The unit Child support services is a party to an action
30initiated pursuant to this chapter.
313. The unit Child support services shall conduct a review
32to determine whether an adjustment is appropriate or, upon
33the request of a parent or upon the unit’s child support
34services’ own initiative, determine whether a modification is
35appropriate.
-687- 14. The unit Child support services shall adopt rules
2pursuant to chapter 17A to establish the process for the review
3of requests for adjustment, the criteria and procedures for
4conducting a review and determining when an adjustment is
5appropriate, the procedure and criteria for a cost-of-living
6alteration, the criteria and procedure for a request for review
7pursuant to section 252H.18A, and other rules necessary to
8implement this chapter.
95. Legal representation of the unit child support services
10 shall be provided pursuant to section 252B.7, subsection 4.
11 Sec. 968. Section 252H.5, Code 2023, is amended to read as
12follows:
13252H.5 Fees and cost recovery for review — adjustment —
14modification.
151. Unless the unit child support services is already
16providing support enforcement service pursuant to chapter 252B,
17a parent ordered to provide support, who requests a review of a
18support order under subchapter II, shall file an application
19for services pursuant to section 252B.4.
202. A parent requesting a service shall pay the fee
21established for that service as established under this
22subsection. The fees established are not applicable to a
23parent who as a condition of eligibility for receiving public
24assistance benefits has assigned the rights to child or medical
25support for the order to be reviewed. The following fees shall
26be paid for the following services:
27a. A fee for conducting the review, to be paid at the time
28the request for review is submitted to the unit child support
29services. If the request for review is denied for any reason,
30the fee shall be refunded to the parent making the request.
31Any request submitted without full payment of the fee shall be
32denied.
33b. A fee for a second review requested pursuant to section
34252H.17, to be paid at the time the request for the second
35review is submitted to the unit child support services. Any
-688-1request submitted without full payment of the fee shall be
2denied.
3c. A fee for activities performed by the unit child support
4services in association with a court hearing requested pursuant
5to section 252H.8.
6d. A fee for activities performed by the unit child support
7services in entering an administrative order to adjust support
8when neither parent requests a court hearing pursuant to
9section 252H.8. The fee shall be paid during the postreview
10waiting period under section 252H.17. If the fee is not paid
11in full during the postreview notice period, further action
12shall not be taken by the unit child support services to adjust
13the order unless the parent not requesting the adjustment
14pays the fee in full during the postreview waiting period,
15or unless the children affected by the order reviewed are
16currently receiving public assistance benefits and the proposed
17adjustment would result in either an increase in the amount of
18support or in provisions for medical support for the children.
19e. A fee for conducting a conference requested pursuant to
20section 252H.20.
213. A parent who requests a review of a support order
22pursuant to section 252H.13, shall pay any service of process
23fees for service or attempted service of the notice required
24in section 252H.15. The unit Child support services shall not
25proceed to conduct a review pursuant to section 252H.16 until
26service of process fees have been paid in full. The service of
27process fee requirement of this subsection is not applicable
28to a parent who as a condition of eligibility for public
29assistance benefits has assigned the rights to child or medical
30support for the order to be reviewed. Service of process fees
31charged by a person other than the unit child support services
32 are distinct from any other fees and recovery of costs provided
33for in this section.
344. The unit Child support services shall, consistent with
35applicable federal law, recover administrative costs in excess
-689-1of any fees collected pursuant to subsections 2 and 3 for
2providing services under this chapter and shall adopt rules
3providing for collection of fees for administrative costs.
45. The unit Child support services shall adopt rules
5pursuant to chapter 17A to establish procedures and criteria to
6determine the amount of any fees specified in this section and
7the administrative costs in excess of these fees.
8 Sec. 969. Section 252H.6, Code 2023, is amended to read as
9follows:
10252H.6 Collection of information.
11The unit Child support services may request, obtain, and
12validate information concerning the financial circumstances
13of the parents of a child as necessary to determine the
14appropriate amount of support pursuant to the guidelines
15established in section 598.21B, including but not limited to
16those sources and procedures described in sections 252B.7A and
17252B.9. The collection of information does not constitute a
18review conducted pursuant to section 252H.16.
19 Sec. 970. Section 252H.7, Code 2023, is amended to read as
20follows:
21252H.7 Waiver of notice periods and time limitations.
221. A parent may waive the fifteen-day prereview waiting
23period provided for in section 252H.16.
24a. Upon receipt of signed requests from both parents
25waiving the prereview waiting period, the unit child support
26services may conduct a review of the support order prior to
27the expiration of the fifteen-day period provided in section
28252H.16.
29b. If the parents jointly waive the prereview waiting period
30and the order under review is subsequently adjusted, the signed
31statements of both parents waiving the waiting period shall be
32filed in the court record with the order adjusting the support
33obligation.
342. A parent may waive the postreview waiting period provided
35for in section 252H.8, subsection 2 or 7, for a court hearing
-690-1or in section 252H.17 for requesting of a second review.
2a. Upon receipt of signed requests from both parents subject
3to the order reviewed, waiving the postreview waiting period,
4the unit child support services may enter an administrative
5order adjusting the support order, if appropriate, prior to the
6expiration of the postreview waiting period.
7b. If the parents jointly waive the postreview waiting
8period and an administrative order to adjust the support order
9is entered, the signed statements of both parents waiving the
10waiting period shall be filed in the court record with the
11administrative order adjusting the support obligation.
123. A parent may waive the time limitations established in
13section 252H.8, subsection 3, for requesting a court hearing,
14or in section 252H.20 for requesting a conference.
15a. Upon receipt of signed requests from both parents who
16are subject to the order to be modified, waiving the time
17limitations, the unit child support services may proceed to
18enter an administrative modification order.
19b. If the parents jointly waive the time limitations and
20an administrative modification order is entered under this
21chapter, the signed statements of both parents waiving the
22time limitations shall be filed in the court record with the
23administrative modification order.
24 Sec. 971. Section 252H.8, Code 2023, is amended to read as
25follows:
26252H.8 Certification to court — hearing — default.
271. For actions initiated under section 252H.15, either
28parent or the unit child support services may request a court
29hearing within fifteen days from the date of issuance of the
30notice of decision under section 252H.16, or within ten days
31of the date of issuance of the second notice of decision under
32section 252H.17, whichever is later.
332. For actions initiated under section 252H.14A, either
34parent or the unit child support services may request a court
35hearing within ten days of the issuance of the second notice of
-691-1decision under section 252H.17.
23. For actions initiated under subchapter III, either
3parent or the unit child support services may request a court
4hearing within the latest of any of the following time periods:
5a. Twenty days from the date of successful service of the
6notice of intent to modify required under section 252H.19.
7b. Ten days from the date scheduled for a conference to
8discuss the modification action.
9c. Ten days from the date of issuance of a second notice of
10a proposed modification action.
114. The time limitations for requesting a court hearing
12under this section may be extended by the unit child support
13services.
145. If a timely written request for a hearing is received
15by the unit child support services, a hearing shall be held
16in district court, and the unit child support services shall
17certify the matter to the district court in the county in which
18the order subject to adjustment or modification is filed. The
19certification shall include the following, as applicable:
20a. Copies of the notice of intent to review or notice of
21intent to modify.
22b. The return of service, proof of service, acceptance of
23service, or signed statement by the parent requesting review
24and adjustment or requesting modification, waiving service of
25the notice.
26c. Copies of the notice of decision and any revised notice
27as provided in section 252H.16.
28d. Copies of any written objections to and request for a
29second review or conference or hearing.
30e. Copies of any second notice of decision issued pursuant
31to section 252H.17, or second notice of proposed modification
32action issued pursuant to section 252H.20.
33f. Copies of any financial statements and supporting
34documentation provided by the parents including proof of
35a substantial change in circumstances for a request filed
-692-1pursuant to section 252H.18A.
2g. Copies of any computation worksheet prepared by the
3unit child support services to determine the amount of support
4calculated using the mandatory child support guidelines
5established under section 598.21B, and, if appropriate and the
6social security disability provisions of sections 598.22 and
7598.22C apply, a determination of the amount of delinquent
8support due.
9h. A certified copy of each order, issued by another state
10or foreign country, considered in determining the controlling
11order.
126. The court shall set the matter for hearing and notify the
13parties of the time and place of the hearing.
147. For actions initiated under section 252H.15, a hearing
15shall not be held for at least sixteen days following the date
16of issuance of the notice of decision unless the parents have
17jointly waived, in writing, the fifteen-day postreview period.
188. Pursuant to section 252H.3, the district court shall
19review the matter as an original hearing before the court.
209. Issues subject to review by the court in any hearing
21resulting from an action initiated under this chapter shall be
22limited to the issues identified in section 252H.3.
2310. Notwithstanding any other law to the contrary, if more
24than one support order exists involving children with the same
25legally established parents, one hearing on all of the affected
26support orders shall be held in the district court in the
27county where the unit child support services files the action.
28For the purposes of this subsection, the district court hearing
29the matter shall have jurisdiction over all other support
30orders entered by a court of this state and affected under this
31subsection.
3211. The court shall establish the amount of child support
33pursuant to section 598.21B, or medical support pursuant to
34chapter 252E, or both.
3512. If a party fails to appear at the hearing, upon a
-693-1showing of proper notice to the party, the court may find the
2party in default and enter an appropriate order.
3 Sec. 972. Section 252H.9, Code 2023, is amended to read as
4follows:
5252H.9 Filing and docketing of administrative adjustment or
6modification order — order effective as district court order.
71. If timely request for a court hearing is not made
8pursuant to section 252H.8, the unit child support services
9 shall prepare and present an administrative order for
10adjustment or modification, as applicable, for review and
11approval, ex parte, to the district court where the order to
12be adjusted or modified is filed. Notwithstanding any other
13law to the contrary, if more than one support order exists
14involving children with the same legally established parents,
15for the purposes of this subsection, the district court
16reviewing and approving the matter shall have jurisdiction over
17all other support orders entered by a court of this state and
18affected under this subsection.
192. For orders to which subchapter II or III is applicable,
20the unit child support services shall determine the appropriate
21amount of the child support obligation using the current child
22support guidelines established pursuant to section 598.21B
23and the criteria established pursuant to section 252B.7A and
24shall determine the provisions for medical support pursuant to
25chapter 252E.
263. The administrative order prepared by the unit child
27support services shall specify all of the following:
28a. The amount of support to be paid and the manner of
29payment.
30b. The name of the custodian of any child for whom support
31is to be paid.
32c. The name of the parent ordered to pay support.
33d. The name and birth date of any child for whom support is
34to be paid.
35e. That the property of the responsible person is subject
-694-1to collection action, including but not limited to wage
2withholding, garnishment, attachment of a lien, and other
3methods of execution.
4f. Provisions for medical support.
5g. If applicable, the order determined to be the controlling
6order.
7h. If applicable, the amount of delinquent support due based
8upon the receipt of social security disability payments as
9provided in sections 598.22 and 598.22C.
104. Supporting documents as described in section 252H.8,
11subsection 5, may be presented to the court with the
12administrative order, as applicable.
135. Unless defects appear on the face of the order or on the
14attachments, the district court shall approve the order. Upon
15filing, the approved order shall have the same force, effect,
16and attributes of an order of the district court.
176. Upon filing, the clerk of the district court shall enter
18the order in the judgment docket and judgment lien index.
197. A copy of the order shall be sent by regular mail within
20fourteen days after filing to each parent’s last known address,
21or if applicable, to the last known address of the parent’s
22attorney.
238. The order is final, and action by the unit child support
24services to enforce and collect upon the order, including
25arrearages and medical support, or both, may be taken from the
26date of the entry of the order by the district court.
27 Sec. 973. Section 252H.10, subsection 2, Code 2023, is
28amended to read as follows:
292. The periodic due date established under a prior order
30for payment of child support shall not be changed in any
31order modified as a result of an action initiated under this
32chapter, unless the child support recovery unit services or
33the court determines that good cause exists to change the
34periodic due date. If the unit child support services or the
35court determines that good cause exists, the unit child support
-695-1services or the court shall include the rationale for the
2change in the modified order and shall address the issue of
3reconciliation of any payments due or made under a prior order
4which would result in payment of the child support obligation
5under both the prior and the modified orders.
6 Sec. 974. Section 252H.11, Code 2023, is amended to read as
7follows:
8252H.11 Concurrent actions.
9This chapter does not prohibit or affect the ability or right
10of a parent or the parent’s attorney to file a modification
11action at the parent’s own initiative. If a modification
12action is filed by a parent concerning an order for which an
13action has been initiated but has not yet been completed by the
14unit child support services under this chapter, the unit child
15support services shall terminate any action initiated under
16this chapter, subject to the following:
171. The modification action filed by the parent must address
18the same issues as the action initiated under this chapter.
192. If the modification action filed by the parent is
20subsequently dismissed before being heard by the court,
21the unit child support services shall continue the action
22previously initiated under subchapter II or III, or initiate a
23new action as follows:
24a. If the unit child support services previously initiated
25an action under subchapter II, and had not issued a notice of
26decision as required under section 252H.14A or 252H.16, the
27unit child support services shall proceed as follows:
28(1) If notice of intent to review was served ninety days
29or less prior to the date the modification action filed by the
30parent is dismissed, the unit child support services shall
31complete the review and issue the notice of decision.
32(2) If the modification action filed by the parent is
33dismissed more than ninety days after the original notice of
34intent to review was served, the unit child support services
35 shall serve or issue a new notice of intent to review and
-696-1conduct the review.
2(3) If the unit child support services initiated a review
3under section 252H.14A, the unit child support services may
4issue the notice of decision.
5b. If the unit child support services previously initiated
6an action under subchapter II and had issued the notice of
7decision as required under section 252H.14A or 252H.16, the
8unit child support services shall proceed as follows:
9(1) If the notice of decision was issued ninety days or less
10prior to the date the modification action filed by the parent
11is dismissed, the unit child support services shall request,
12obtain, and verify any new or different information concerning
13the financial circumstances of the parents and issue a revised
14notice of decision to each parent, or if applicable, to the
15parent’s attorney.
16(2) If the modification action filed by the parent is
17dismissed more than ninety days after the date of issuance
18of the notice of decision, the unit child support services
19 shall serve or issue a new notice of intent to review pursuant
20to section 252H.15 and conduct a review pursuant to section
21252H.16, or conduct a review and serve a new notice of decision
22under section 252H.14A.
23c. If the unit child support services previously initiated
24an action under subchapter III, the unit child support services
25 shall proceed as follows:
26(1) If the modification action filed by the parent is
27dismissed more than ninety days after the original notice of
28intent to modify was served, the unit child support services
29 shall serve a new notice of intent to modify pursuant to
30section 252H.19.
31(2) If the modification action filed by the parent is
32dismissed ninety days or less after the original notice of
33intent to modify was served, the unit child support services
34 shall complete the original modification action initiated by
35the unit child support services under this subchapter.
-697- 1(3) Each parent shall be allowed at least twenty days from
2the date the administrative modification action is reinstated
3to request a court hearing as provided for in section 252H.8.
43. If an action initiated under this chapter is terminated
5as the result of a concurrent modification action filed by
6one of the parents or the parent’s attorney, the unit child
7support services shall advise each parent, or if applicable,
8the parent’s attorney, in writing, that the action has been
9terminated and the provisions of subsection 2 of this section
10for continuing or initiating a new action under this chapter.
11The notice shall be issued by regular mail to the last known
12mailing address of each parent, or if applicable, each parent’s
13attorney.
144. If an action initiated under this chapter by the
15unit child support services is terminated as the result
16of a concurrent action filed by one of the parents and is
17subsequently reinstated because the modification action filed
18by the parent is dismissed, the unit child support services
19 shall advise each parent, or if applicable, each parent’s
20attorney, in writing, that the unit child support services is
21continuing the prior administrative adjustment or modification
22action. The notice shall be issued by regular mail to the last
23known mailing address of each parent, or if applicable, each
24parent’s attorney.
25 Sec. 975. Section 252H.12, subsection 3, Code 2023, is
26amended to read as follows:
273. The unit Child support services is providing enforcement
28services for the ongoing support obligation pursuant to chapter
29252B.
30 Sec. 976. Section 252H.13, Code 2023, is amended to read as
31follows:
32252H.13 Right to request review.
33A parent shall have the right to request the review of a
34support order for which the unit child support services is
35currently providing enforcement services of an ongoing child
-698-1support obligation pursuant to chapter 252B including by
2objecting to a cost-of-living alteration pursuant to section
3252H.24, subsections 1 and 2.
4 Sec. 977. Section 252H.14, Code 2023, is amended to read as
5follows:
6252H.14 Reviews initiated by the child support recovery unit
7 services.
81. The unit Child support services may periodically
9initiate a review of support orders meeting the conditions in
10section 252H.12 in accordance with the following:
11a. The right to any ongoing child support obligation is
12currently assigned to the state due to the receipt of public
13assistance.
14b. The support order does not already include provisions for
15medical support.
16c. The review is otherwise necessary to comply with the Act.
172. The unit Child support services may periodically
18initiate a request to a child support agency of another state
19or to a foreign country to conduct a review of a support
20order when the right to any ongoing child or medical support
21obligation due under the order is currently assigned to the
22state of Iowa or if the order does not include provisions for
23medical support.
243. The unit Child support services shall adopt rules
25establishing criteria to determine the appropriateness of
26initiating a review.
274. The unit Child support services shall initiate reviews
28under this section in accordance with the Act.
29 Sec. 978. Section 252H.14A, Code 2023, is amended to read
30as follows:
31252H.14A Reviews initiated by the child support recovery unit
32 services — abbreviated method.
331. Notwithstanding section 252H.15, the unit child support
34services may use procedures under this section to review a
35support order if all the following apply:
-699- 1a. One of the following applies:
2(1) The right to ongoing child support is assigned to the
3state of Iowa due to the receipt of family investment program
4assistance, and a review of the support order is required under
5section 7302 of the federal Deficit Reduction Act of 2005, Pub.
6L. No.109-171.
7(2) A parent requests a review, provides the unit child
8support services with financial information as part of that
9request, and the order meets the criteria for review under this
10subchapter.
11b. The unit Child support services has access to information
12concerning the financial circumstances of each parent and one
13of the following applies:
14(1) The parent is a recipient of family investment program
15assistance, medical assistance, or food supplemental nutrition
16assistance program assistance from the department.
17(2) The parent’s income is from supplemental security
18income paid pursuant to 42 U.S.C. §1381a.
19(3) The parent is a recipient of disability benefits under
20the Act because of the parent’s disability.
21(4) The parent is an inmate of an institution under the
22control of the department of corrections.
23(5) The unit Child support services has access to
24information described in section 252B.7A, subsection 1,
25paragraph “c”.
262. If the conditions of subsection 1 are met, the unit child
27support services may conduct a review and determine whether
28an adjustment is appropriate using information accessible by
29the unit child support services without issuing a notice under
30section 252H.15 or requesting additional information from the
31parent.
323. Upon completion of the review, the unit child support
33services shall issue a notice of decision to each parent, or
34if applicable, to each parent’s attorney. The notice shall be
35served in accordance with the rules of civil procedure or as
-700-1provided in section 252B.26, except that a parent requesting
2a review pursuant to section 252H.13 shall waive the right to
3personal service of the notice in writing and accept service
4by regular mail. If the service by regular mail does not occur
5within ninety days of the written waiver of personal service,
6personal service of the notice is required unless a new waiver
7of personal service is obtained.
84. All of the following shall be included in the notice of
9decision:
10a. The legal basis and purpose of the action, including
11an explanation of the procedures for determining child
12support, the criteria for determining the appropriateness of
13an adjustment, and a statement that the unit child support
14services used the child support guidelines established pursuant
15to section 598.21B and the provisions for medical support
16pursuant to chapter 252E.
17b. Information sufficient to identify the affected parties
18and the support order or orders affected.
19c. An explanation of the legal rights and responsibilities
20of the affected parties, including time frames in which the
21parties must act.
22d. A statement indicating whether the unit child support
23services finds that an adjustment is appropriate and the basis
24for the determination.
25e. Procedures for contesting the action, including that if a
26parent requests a second review both parents will be requested
27to submit financial or income information as necessary for
28application of the child support guidelines established
29pursuant to section 598.21B.
30f. Other information as appropriate.
315. Section 252H.16, subsection 5, regarding a revised
32notice of decision shall apply to a notice of decision issued
33under this section.
346. Each parent shall have the right to challenge the notice
35of decision issued under this section by requesting a second
-701-1review by the unit child support services as provided in
2section 252H.17. If there is no new or different information
3to consider for the second review, the unit child support
4services shall issue a second notice of decision based on prior
5information. Each parent shall have the right to challenge
6the second notice of decision by requesting a court hearing as
7provided in section 252H.8.
8 Sec. 979. Section 252H.15, subsection 1, Code 2023, is
9amended to read as follows:
101. Unless an action is initiated under section 252H.14A,
11prior to conducting a review of a support order, the unit child
12support services shall issue a notice of intent to review and
13adjust to each parent, or if applicable, to each parent’s
14attorney. However, notice to a child support agency or an
15agency entitled to receive child or medical support payments as
16the result of an assignment of support rights is not required.
17 Sec. 980. Section 252H.15, subsection 3, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19The unit Child support services shall adopt rules pursuant
20to chapter 17A to ensure that all of the following are included
21in the notice:
22 Sec. 981. Section 252H.15, subsection 3, paragraph e, Code
232023, is amended to read as follows:
24e. Criteria for determining appropriateness of an adjustment
25and a statement that the unit child support services will use
26the child support guidelines established pursuant to section
27598.21B and the provisions for medical support pursuant to
28chapter 252E to adjust the order.
29 Sec. 982. Section 252H.16, Code 2023, is amended to read as
30follows:
31252H.16 Conducting the review — notice of decision.
321. For actions initiated under section 252H.15, the unit
33 child support services shall conduct the review and determine
34whether an adjustment is appropriate. As necessary, the unit
35 child support services shall make a determination of the
-702-1controlling order or the amount of delinquent support due based
2upon the receipt of social security disability payments as
3provided in sections 598.22 and 598.22C.
42. Unless both parents have waived the prereview notice
5period as provided for in section 252H.7, the review shall
6not be conducted for at least fifteen days from the date both
7parents were successfully served with the notice required in
8section 252H.15.
93. Upon completion of the review, the unit child support
10services shall issue a notice of decision by regular mail to
11the last known address of each parent, or if applicable, each
12parent’s attorney.
134. The unit Child support services shall adopt rules
14pursuant to chapter 17A to ensure that all of the following are
15included in the notice:
16a. Information sufficient to identify the affected parties
17and the support order or orders affected.
18b. A statement indicating whether the unit child support
19services finds that an adjustment is appropriate and the basis
20for the determination.
21c. Other information, as appropriate.
225. A revised notice of decision shall be issued when the
23unit child support services receives or becomes aware of new or
24different information affecting the results of the review after
25the notice of decision has been issued and before the entry of
26an administrative order adjusting the support order, when new
27or different information is not received in conjunction with
28a request for a second review, or subsequent to a request for
29a court hearing. If a revised notice of decision is issued,
30the time frames for requesting a second review or court hearing
31shall apply from the date of issuance of the revised notice.
32 Sec. 983. Section 252H.17, Code 2023, is amended to read as
33follows:
34252H.17 Challenging the notice of decision — second review
35— notice.
-703- 11. Each parent shall have the right to challenge the notice
2of decision issued under section 252H.14A or 252H.16, by
3requesting a second review by the unit child support services.
42. A challenge shall be submitted, in writing, to the
5local child support office that issued the notice of decision
6 services, within thirty days of service of the notice of
7decision under section 252H.14A or within ten days of the
8issuance of the notice of decision under section 252H.16.
93. A parent challenging the notice of decision shall submit
10any new or different information, not previously considered by
11the unit child support services in conducting the review, with
12the challenge and request for second review.
134. A parent challenging the notice of decision shall submit
14any required fees with the challenge. Any request submitted
15without full payment of the required fee shall be denied.
165. If a timely challenge along with any necessary fee
17is received, the unit child support services shall issue by
18regular mail to the last known address of each parent, or if
19applicable, to each parent’s attorney, a notice that a second
20review will be conducted. The unit Child support services
21 shall adopt rules pursuant to chapter 17A to ensure that all of
22the following are included in the notice:
23a. A statement of purpose of the second review.
24b. Information sufficient to identify the affected parties
25and the support order or orders affected.
26c. A statement of the information that is eligible for
27consideration at the second review.
28d. The procedures and time frames in conducting and
29completing a second review, including a statement that only one
30second review shall be conducted as the result of a challenge
31received from either or both parents.
32e. An explanation of the right to request a court hearing,
33and the applicable time frames and procedures to follow in
34requesting a court hearing.
35f. Other information, as appropriate.
-704- 16. The unit Child support services shall conduct a second
2review, utilizing any new or additional information provided
3or available since issuance of the notice of decision under
4section 252H.14A or under section 252H.16, to determine whether
5an adjustment is appropriate.
67. Upon completion of the review, the unit child
7support services shall issue a second notice of decision by
8regular mail to the last known address of each parent, or if
9applicable, to each parent’s attorney. The unit Child support
10services shall adopt rules pursuant to chapter 17A to ensure
11that all of the following are included in the notice:
12a. Information sufficient to identify the affected parties
13and the support order or orders affected.
14b. The unit’s Child support services’ finding resulting from
15the second review indicating whether the unit child support
16services finds that an adjustment is appropriate, the basis for
17the determination, and the impact on the first review.
18c. An explanation of the right to request a court hearing,
19and the applicable time frames and procedures to follow in
20requesting a court hearing.
21d. Other information, as appropriate.
228. If the determination resulting from the first review
23is revised or reversed by the second review, the following
24shall be issued to each parent along with the second notice of
25decision and the amount of any proposed adjustment:
26a. Any updated or revised financial statements provided by
27either parent.
28b. A computation prepared by the local child support office
29issuing the notice services, demonstrating how the amount of
30support due under the child support guidelines was calculated,
31and a comparison of the newly computed amount with the current
32support obligation amount.
33 Sec. 984. Section 252H.18, subsection 2, Code 2023, is
34amended to read as follows:
352. The unit Child support services is providing services
-705-1pursuant to chapter 252B.
2 Sec. 985. Section 252H.18A, subsection 1, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4If a support order is not eligible for review and adjustment
5because the support order is outside of the minimum time frames
6specified by rule of the department, a parent may request a
7review and administrative modification by submitting all of the
8following to the unit child support services:
9 Sec. 986. Section 252H.18A, subsection 2, Code 2023, is
10amended to read as follows:
112. Upon receipt of the request and all documentation
12required in subsection 1, the unit child support services shall
13review the request and documentation and if appropriate shall
14issue a notice of intent to modify as provided in section
15252H.19.
16 Sec. 987. Section 252H.19, subsection 1, Code 2023, is
17amended to read as follows:
181. The unit Child support services shall issue a notice of
19intent to modify to each parent. Notice to a child support
20agency or an agency entitled to receive child or medical
21support payments as the result of an assignment of support
22rights is not required.
23 Sec. 988. Section 252H.19, subsection 2, unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25The notice shall be served upon each parent in accordance
26with the rules of civil procedure, except that a parent
27requesting modification shall, at the time of the request,
28waive the right to personal service of the notice in writing
29and accept service by regular mail. The unit Child support
30services shall adopt rules pursuant to chapter 17A to ensure
31that all of the following are included in the notice:
32 Sec. 989. Section 252H.20, Code 2023, is amended to read as
33follows:
34252H.20 Conference — second notice and finding of financial
35responsibility.
-706- 11. Each parent shall have the right to request a conference
2with the office of the unit that issued the notice of intent
3to modify child support services. The request may be made in
4person, in writing, or by telephone, and shall be made within
5ten days of the date of successful service of the notice of
6intent to modify.
72. A parent requesting a conference shall submit
8any required fee no later than the date of the scheduled
9conference. A conference shall not be held unless the required
10fee is paid in full.
113. Upon a request and full payment of any required fee,
12the office of the unit that issued the notice of intent to
13modify child support services shall schedule a conference with
14the parent and advise the parent of the date, time, place, and
15procedural aspects of the conference. The unit Child support
16services shall adopt rules pursuant to chapter 17A to specify
17the manner in which a conference is conducted and the purpose
18of the conference.
194. Following the conference, the office of the unit that
20conducted the review child support services shall issue a
21second notice of proposed modification and finding of financial
22responsibility to the parent requesting the conference. The
23unit Child support services shall adopt rules pursuant to
24chapter 17A to ensure that all of the following are included
25in the notice:
26a. Information sufficient to identify the affected parties
27and the support order or orders affected.
28b. If the unit child support services will continue or
29terminate the action.
30c. Procedures for contesting the action and the applicable
31time frames for actions by the parents.
32d. Other information, as appropriate.
33 Sec. 990. Section 252H.21, subsection 2, paragraph c,
34subparagraph (2), Code 2023, is amended to read as follows:
35(2) Increase or decrease the amount of the child support
-707-1order calculated in subparagraph (1) for each subsequent year
2by applying the appropriate consumer price index for each
3subsequent year to the result of the calculation for the
4previous year. The final year in the calculation shall be the
5year immediately preceding the year the unit child support
6services received the completed request for the cost-of-living
7alteration.
8 Sec. 991. Section 252H.22, subsection 3, Code 2023, is
9amended to read as follows:
103. The unit Child support services is providing enforcement
11services for the ongoing support obligation pursuant to chapter
12252B.
13 Sec. 992. Section 252H.23, unnumbered paragraph 1, Code
142023, is amended to read as follows:
15A parent may request a cost-of-living alteration by
16submitting all of the following to the unit child support
17services:
18 Sec. 993. Section 252H.24, Code 2023, is amended to read as
19follows:
20252H.24 Role of the child support recovery unit services —
21filing and docketing of cost-of-living alteration order — order
22effective as district court order.
231. Upon receipt of a request and required documentation for
24a cost-of-living alteration, the unit child support services
25 shall issue a notice of the amount of cost-of-living alteration
26by regular mail to the last known address of each parent,
27or, if applicable, each parent’s attorney. The notice shall
28include all of the following:
29a. A statement that either parent may contest the
30cost-of-living alteration within thirty days of the date of
31the notice by making a request for a review of a support order
32as provided in section 252H.13, and if either parent does not
33make a request for a review within thirty days, the unit child
34support services shall prepare an administrative order as
35provided in subsection 4.
-708- 1b. A statement that the parent may waive the thirty-day
2notice waiting period provided for in this section.
32. Upon timely receipt of a request and required
4documentation for a review of a support order as provided
5in subsection 1 from either parent, the unit child support
6services shall terminate the cost-of-living alteration process
7and apply the provisions of subchapters I and II of this
8chapter relating to review and adjustment.
93. Upon receipt of signed requests from both parents subject
10to the support order, waiving the notice waiting period, the
11unit child support services may prepare an administrative order
12pursuant to subsection 4 altering the support obligation.
134. If timely request for a review pursuant to section
14252H.13 is not made, and if the thirty-day notice waiting
15period has expired, or if both parents have waived the notice
16waiting period, the unit child support services shall prepare
17and present an administrative order for a cost-of-living
18alteration, ex parte, to the district court where the order to
19be altered is filed.
205. Unless defects appear on the face of the administrative
21order or on the attachments, the district court shall approve
22the order. Upon filing, the approved order shall have the
23same force, effect, and attributes of an order of the district
24court.
256. Upon filing, the clerk of the district court shall enter
26the order in the judgment docket and judgment lien index.
277. If the parents jointly waive the thirty-day notice
28waiting period, the signed statements of both parents waiving
29the notice period shall be filed in the court record with the
30administrative order altering the support obligation.
318. The unit Child support services shall send a copy of
32the order by regular mail to each parent’s last known address,
33or, if applicable, to the last known address of the parent’s
34attorney.
359. An administrative order approved by the district court is
-709-1final, and action by the unit child support services to enforce
2and collect upon the order may be taken from the date of the
3entry of the order by the district court.
4 Sec. 994. Section 252I.1, Code 2023, is amended to read as
5follows:
6252I.1 Definitions.
7As used in this chapter, unless the context otherwise
8requires:
91. “Account” means “account” as defined in section 524.103,
10the savings or deposits of a member received or being held
11by a credit union, or certificates of deposit. “Account”
12also includes deposits held by an agent, a broker-dealer,
13or an issuer as defined in section 502.102 and money-market
14mutual fund accounts and “account” as defined in 42 U.S.C.
15§666(a)(17). However, “account” does not include amounts held
16by a financial institution as collateral for loans extended by
17the financial institution.
182. “Bank” means “bank”, “insured bank”, and “state bank” as
19defined in section 524.103.
203. “Child support services” means child support services
21created in section 252B.2.
223. 4. “Court order” means “support order” as defined in
23section 252J.1.
244. 5. “Credit union” means “credit union” as defined in
25section 533.102.
265. 6. “Financial institution” means “financial institution”
27as defined in 42 U.S.C. §669A(d)(1). “Financial institution”
28also includes an institution which holds deposits for an agent,
29broker-dealer, or an issuer as defined in section 502.102.
306. 7. “Obligor” means a person who has been ordered by a
31court or administrative authority to pay support.
327. 8. “Support” or “support payments” means “support” or
33“support payments” as defined in section 252D.16.
348. “Unit” or “child support recovery unit” means the child
35support recovery unit created in section 252B.2.
-710- 19. “Working days” means only Monday, Tuesday, Wednesday,
2Thursday, and Friday, but excluding the holidays specified in
3section 1C.2, subsection 1.
4 Sec. 995. Section 252I.2, Code 2023, is amended to read as
5follows:
6252I.2 Purpose and use.
71. Notwithstanding other statutory provisions which provide
8for the execution, attachment, or levy against accounts, the
9unit child support services may utilize the process established
10in this chapter to collect delinquent support payments provided
11that any exemptions or exceptions which specifically apply to
12enforcement of support obligations pursuant to other statutory
13provisions also apply to this chapter.
142. An obligor is subject to the provisions of this chapter
15if the obligor’s support obligation is being enforced by the
16 child support recovery unit services, and if the support
17payments ordered under chapter 232, 234, 252A, 252C, 252D,
18252E, 252F, 598, 600B, or any other applicable chapter,
19or under a comparable statute of another state or foreign
20country, as certified to the child support recovery unit
21 services, are not paid to the clerk of the district court or
22the collection services center pursuant to section 598.22 and
23become delinquent in an amount equal to the support payment for
24one month.
253. Any amount forwarded by a financial institution under
26this chapter shall not exceed the amounts specified in 15
27U.S.C. §1673(b) and shall not exceed the delinquent or accrued
28amount of support owed by the obligor.
29 Sec. 996. Section 252I.3, Code 2023, is amended to read as
30follows:
31252I.3 Initial notice to obligor.
32The unit Child support services or the district court
33may include language in any new or modified support order
34issued on or after July 1, 1994, notifying the obligor that
35the obligor is subject to the provisions of this chapter.
-711-1However, this chapter is sufficient notice for implementation
2of administrative levy provisions without further notice of the
3provisions of this chapter.
4 Sec. 997. Section 252I.4, Code 2023, is amended to read as
5follows:
6252I.4 Verification of accounts and immunity from liability.
71. The unit Child support services may contact a financial
8institution to obtain verification of the account number, the
9names and social security numbers listed for the account, and
10the account balance of any account held by an obligor. Contact
11with a financial institution may be by telephone or by written
12communication. The financial institution may require positive
13voice recognition and may require the telephone number of the
14authorized person from the unit child support services before
15releasing an obligor’s account information by telephone.
162. The unit Child support services and financial
17institutions doing business in Iowa shall enter into agreements
18to develop and operate a data match system, using automated
19data exchanges to the maximum extent feasible. The data
20match system shall allow a means by which each financial
21institution shall provide to the unit child support services
22 for each calendar quarter the name, record address, social
23security number or other taxpayer identification number, and
24other identifying information for each obligor who maintains
25an account at the institution and who owes past-due support,
26as identified by the unit child support services by name and
27social security number or other taxpayer identification number.
28The unit Child support services shall work with representatives
29of financial institutions to develop a system to assist
30nonautomated financial institutions in complying with the
31provisions of this section.
323. The unit Child support services may pay a reasonable
33fee to a financial institution for conducting the data match
34required in subsection 2, not to exceed the lower of either
35one hundred fifty dollars for each quarterly data match or the
-712-1actual costs incurred by the financial institution for each
2quarterly data match. However, the unit child support services
3 may also adopt rules pursuant to chapter 17A to specify a fee
4amount for each quarterly data match based upon the estimated
5state share of funds collected under this chapter, which,
6when adopted, shall be applied in lieu of the one hundred
7fifty dollar fee under this subsection. In addition, the unit
8 child support services may pay a reasonable fee to a financial
9institution for automation programming development performed
10in order to conduct the data match required in subsection 2,
11not to exceed the lower of either five hundred dollars or
12the actual costs incurred by the financial institution. The
13unit Child support services may use the state share of funds
14collected under this chapter to pay the fees to financial
15institutions under this subsection. For state fiscal years
16beginning July 1, 1999, and July 1, 2000, the unit child
17support services may use up to one hundred percent of the
18state share of such funds. For state fiscal years beginning
19on or after July 1, 2001, the unit child support services may
20use up to fifty percent of the state share of such funds.
21Notwithstanding any other provision of law to the contrary,
22a financial institution shall have until a date provided in
23the agreement in subsection 2 to submit its claim for a fee
24under this subsection. If the unit child support services
25 does not have sufficient funds available under this subsection
26for payment of fees under this subsection for conducting data
27matches or for automation program development performed in the
28fiscal year beginning July 1, 1999, the cost may be carried
29forward to the fiscal year beginning July 1, 2000. The unit
30 Child support services may also use funds from an amount
31assessed a child support agency of another state, as defined in
32section 252H.2, to conduct a data match requested by that child
33support agency as provided in 42 U.S.C. §666(a)(14) to pay fees
34to financial institutions under this subsection.
354. a. A financial institution is immune from any liability
-713-1in any action or proceeding, whether civil or criminal, for any
2of the following:
3(1) The disclosure of any information by a financial
4institution to the unit child support services pursuant to
5this chapter or the rules or procedures adopted by the unit
6 child support services to implement this chapter, including
7disclosure of information relating to an obligor who maintains
8an account with the financial institution or disclosure of
9information relating to any other person who maintains an
10account with the financial institution that is provided for
11the purpose of complying with the data match requirements of
12this section and with the agreement entered into between the
13financial institution and the unit child support services
14 pursuant to subsection 2.
15(2) Any encumbrance or surrender of any assets held by a
16financial institution in response to a notice of lien or levy
17issued by the unit child support services.
18(3) Any action or omission in connection with good faith
19efforts to comply with this chapter or any rules or procedures
20that are adopted by the unit child support services to
21implement this chapter.
22(4) The disclosure, use, or misuse by the unit child
23support services or by any other person of information provided
24or assets delivered to the unit child support services by a
25financial institution.
26b. For the purposes of this section, “financial institution”
27includes officers, directors, employees, contractors, and
28agents of the financial institution.
295. The financial institution or the unit child support
30services is not liable for the cost of any early withdrawal
31penalty of an obligor’s certificate of deposit.
32 Sec. 998. Section 252I.5, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. If an obligor is subject to this chapter under section
35252I.2, the unit child support services may initiate an
-714-1administrative action to levy against the accounts of the
2obligor.
32. The unit Child support services may send a notice to
4the financial institution with which the account is placed,
5directing that the financial institution forward all or a
6portion of the moneys in the obligor’s account or accounts to
7the collection services center established pursuant to chapter
8252B. The notice shall be sent by regular mail, with proof of
9service completed according to rule of civil procedure 1.442.
10 Sec. 999. Section 252I.5, subsection 3, paragraph g, Code
112023, is amended to read as follows:
12g. A telephone number, and address, and contact name of the
13 for child support recovery unit contact initiating the action
14 services.
15 Sec. 1000. Section 252I.6, Code 2023, is amended to read as
16follows:
17252I.6 Administrative levy — notice to support obligor.
181. The unit Child support services may administratively
19initiate an action to seize accounts of an obligor who is
20subject to this chapter under section 252I.2.
212. The unit Child support services shall notify an obligor
22subject to this chapter, and any other party known to have
23an interest in the account, of the action. The notice shall
24contain all of the following:
25a. The name of the obligor.
26b. A statement that the obligor is believed to have one or
27more accounts at the financial institution.
28c. A statement that pursuant to the provisions of this
29chapter, the obligor’s accounts are subject to seizure and the
30financial institution is authorized and required to forward
31moneys to the collection services center.
32d. The maximum amount to be forwarded by the financial
33institution, which shall not exceed the delinquent or accrued
34amount of support owed by the obligor.
35e. The prescribed time frames within which the financial
-715-1institution must comply.
2f. A statement that any challenge to the action shall be
3in writing and shall be received by the child support recovery
4unit services within ten days of the date of the notice to the
5obligor.
6g. The address of the collection services center and the
7collection services center account number.
8h. A telephone number, and address, and contact name for
9the child support recovery unit contact initiating the action
10 services.
113. The unit Child support services shall forward the notice
12to the obligor by regular mail within two working days of
13sending the notice to the financial institution pursuant to
14section 252I.5. Proof of service shall be completed according
15to rule of civil procedure 1.442.
16 Sec. 1001. Section 252I.7, subsections 1 and 2, Code 2023,
17are amended to read as follows:
181. Immediately encumber funds in all accounts in which the
19obligor has an interest to the extent of the debt indicated in
20the notice from the unit child support services.
212. No sooner than fifteen days, and no later than twenty
22days from the date the financial institution receives the
23notice under section 252I.5, unless notified by the unit child
24support services of a challenge by the obligor or an account
25holder of interest, the financial institution shall forward the
26moneys encumbered to the collection services center with the
27obligor’s name and social security number, collection services
28center account number, and any other information required in
29the notice.
30 Sec. 1002. Section 252I.8, Code 2023, is amended to read as
31follows:
32252I.8 Challenges to action.
331. Challenges under this chapter may be initiated only by an
34obligor or by an account holder of interest. Actions initiated
35by the unit child support services under this chapter are not
-716-1subject to chapter 17A, and resulting court hearings following
2certification shall be an original hearing before the district
3court.
42. The person challenging the action shall submit a written
5challenge to the person identified as the contact for the unit
6in the notice child support services, within ten working days
7of the date of the notice.
83. The unit Child support services shall, upon receipt of
9a written challenge, review the facts of the case with the
10challenging party. Only a mistake of fact, including but
11not limited to, a mistake in the identity of the obligor or
12a mistake in the amount of delinquent support due shall be
13considered as a reason to dismiss or modify the proceeding.
144. If the unit child support services determines that a
15mistake of fact has occurred the unit, child support services
16 shall proceed as follows:
17a. If a mistake in identity has occurred or the obligor is
18not delinquent in an amount equal to the payment for one month,
19the unit child support services shall notify the financial
20institution that the administrative levy has been released.
21The unit Child support services shall provide a copy of the
22notice to the support obligor by regular mail.
23b. If the obligor is delinquent, but the amount of the
24delinquency is less than the amount indicated in the notice,
25the unit child support services shall notify the financial
26institution of the revised amount with a copy of the notice and
27issue a copy to the obligor or forward a copy to the obligor
28by regular mail. Upon written receipt of instructions from
29the unit child support services, the financial institution
30shall release the funds in excess of the revised amount to
31the obligor and the moneys in the amount of the debt shall be
32processed according to section 252I.7.
335. If the unit child support services finds no mistake of
34fact, the unit child support services shall provide a notice
35to that effect to the challenging party by regular mail. Upon
-717-1written request of the challenging party, the unit child
2support services shall request a hearing before the district
3court in the county in which the underlying support order is
4filed.
5a. The financial institution shall encumber moneys if the
6 child support recovery unit services notifies the financial
7institution to do so.
8b. The clerk of the district court shall schedule a hearing
9upon the request by the unit child support services for a
10time not later than ten calendar days after the filing of
11the request for hearing. The clerk shall mail copies of the
12request for hearing and the order scheduling the hearing to
13the unit child support services and to all account holders of
14interest.
15c. If the court finds that there is a mistake of identity or
16that the obligor does not owe the delinquent support, the unit
17 child support services shall notify the financial institution
18that the administrative levy has been released.
19d. If the court finds that the obligor has an interest in
20the account, and the amount of support due was incorrectly
21overstated, the unit child support services shall notify the
22financial institution to release the excess moneys to the
23obligor and remit the remaining moneys in the amount of the
24debt to the collection services center for disbursement to the
25appropriate recipient.
26e. If the court finds that the obligor has an interest
27in the account, and the amount of support due is correct,
28the financial institution shall forward the moneys to the
29collection services center for disbursement to the appropriate
30recipient.
31f. If the obligor or any other party known to have an
32interest in the account fails to appear at the hearing, the
33court may find the challenging party in default, shall ratify
34the administrative levy, if valid upon its face, and shall
35enter an order directing the financial institution to release
-718-1the moneys to the unit child support services.
2g. Issues related to visitation, custody, or other
3provisions not related to levies against accounts are not
4grounds for a hearing under this chapter.
5h. Support orders shall not be modified under a challenge
6pursuant to this section.
7i. Any findings in the challenge of an administrative
8levy related to the amount of the accruing or accrued support
9obligation do not modify the underlying support order.
10j. An order entered under this chapter for a levy against
11an account of a support obligor has priority over a levy for a
12purpose other than the support of the dependents in the court
13order being enforced.
146. The support obligor may withdraw the request for
15challenge by submitting a written withdrawal to the person
16identified as the contact for the unit child support services
17 in the notice or the unit child support services may withdraw
18the administrative levy at any time prior to the court hearing
19and provide notice of the withdrawal to the obligor and any
20account holder of interest and to the financial institution, by
21regular mail.
227. If the financial institution has forwarded moneys to
23the collection services center and has deducted a fee from the
24moneys of the account, or if any additional fees or costs are
25levied against the account, and all funds are subsequently
26refunded to the account due to a mistake of fact or ruling
27of the court, the child support recovery unit services shall
28reimburse the account for any fees assessed by the financial
29institution. If the mistake of fact is a mistake in the amount
30of support due and any portion of the moneys is retained as
31support payments, however, the unit child support services is
32not required to reimburse the account for any fees or costs
33levied against the account. Additionally, for the purposes
34of reimbursement to the account for any fees or costs, each
35certificate of deposit is considered a separate account.
-719-1 Sec. 1003. Section 252J.1, Code 2023, is amended to read as
2follows:
3252J.1 Definitions.
4As used in this chapter, unless the context otherwise
5requires:
61. “Certificate of noncompliance” means a document provided
7by the child support recovery unit services certifying that
8the named individual is not in compliance with any of the
9following:
10a. A support order.
11b. A written agreement for payment of support entered into
12by the unit child support services and the obligor.
13c. A subpoena or warrant relating to a paternity or support
14proceeding.
152. “Child support services” means child support services
16created in section 252B.2.
173. “Department” means the department of health and human
18services.
192. 4. “Individual” means a parent, an obligor, or a
20putative father in a paternity or support proceeding.
213. 5. “License” means a license, certification,
22registration, permit, approval, renewal, or other similar
23authorization issued to an individual by a licensing authority
24which evidences the admission to, or granting of authority to
25engage in, a profession, occupation, business, industry, or
26recreation or to operate or register a motor vehicle. “License”
27includes licenses for hunting, fishing, boating, or other
28recreational activity.
294. 6. “Licensee” means an individual to whom a license has
30been issued, or who is seeking the issuance of a license.
315. 7. “Licensing authority” means a county treasurer,
32county recorder or designated depositary, the supreme court,
33or an instrumentality, agency, board, commission, department,
34officer, organization, or any other entity of the state, which
35has authority within this state to suspend or revoke a license
-720-1or to deny the renewal or issuance of a license authorizing an
2individual to register or operate a motor vehicle or to engage
3in a business, occupation, profession, recreation, or industry.
46. 8. “Obligor” means a natural person as defined
5in section 252G.1 who has been ordered by a court or
6administrative authority to pay support.
77. 9. “Subpoena or warrant” means a subpoena or warrant
8relating to a paternity or support proceeding initiated or
9obtained by the unit child support services or a child support
10agency as defined in section 252H.2.
118. 10. “Support” means support or support payments as
12defined in section 252D.16, whether established through court
13or administrative order.
149. 11. “Support order” means an order for support issued
15pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F,
16252H, 598, 600B, or any other applicable chapter, or under
17a comparable statute of another state or foreign country as
18registered with the clerk of the district court or certified to
19the child support recovery unit services.
2010. “Unit” means the child support recovery unit created in
21section 252B.2.
2211. 12. “Withdrawal of a certificate of noncompliance”
23means a document provided by the unit child support services
24 certifying that the certificate of noncompliance is withdrawn
25and that the licensing authority may proceed with issuance,
26reinstatement, or renewal of an individual’s license.
27 Sec. 1004. Section 252J.2, Code 2023, is amended to read as
28follows:
29252J.2 Purpose and use.
301. Notwithstanding other statutory provisions to the
31contrary, and if an individual has not been cited for contempt
32and enjoined from engaging in the activity governed by a
33license pursuant to section 598.23A, the unit child support
34services may utilize the process established in this chapter
35to collect support.
-721- 12. For cases in which services are provided by the unit
2 child support services all of the following apply:
3a. An obligor is subject to the provisions of this chapter
4if the obligor’s support obligation is being enforced by the
5unit child support services, if the support payments required
6by a support order to be paid to the clerk of the district
7court or the collection services center pursuant to section
8598.22 are not paid and become delinquent in an amount equal
9to the support payment for three months, and if the obligor’s
10situation meets other criteria specified under rules adopted by
11the department pursuant to chapter 17A.The criteria specified
12by rule shall include consideration of the length of time since
13the obligor’s last support payment and the total amount of
14support owed by the obligor.
15b. An individual is subject to the provisions of this
16chapter if the individual has failed, after receiving
17appropriate notice, to comply with a subpoena or warrant.
183. Actions initiated by the unit child support services
19 under this chapter shall not be subject to contested case
20proceedings or further review pursuant to chapter 17A and any
21resulting court hearing shall be an original hearing before the
22district court.
234. Notwithstanding chapter 22, all of the following apply:
24a. Information obtained by the unit child support services
25 under this chapter shall be used solely for the purposes of
26this chapter or chapter 252B.
27b. Information obtained by a licensing authority shall be
28used solely for the purposes of this chapter.
29 Sec. 1005. Section 252J.3, Code 2023, is amended to read as
30follows:
31252J.3 Notice to individual of potential sanction of license.
32The unit Child support services shall proceed in accordance
33with this chapter only if the unit child support services sends
34a notice to the individual by regular mail to the last known
35address of the individual. The notice shall include all of the
-722-1following:
21. The address and telephone number of the unit child
3support services and the unit the child support services’ case
4number.
52. A statement that the obligor is not in compliance with
6a support order or the individual has not complied with a
7subpoena or warrant.
83. A statement that the individual may request a conference
9with the unit child support services to contest the action.
104. A statement that if, within twenty days of mailing of
11the notice to the individual, the individual fails to contact
12the unit child support services to schedule a conference,
13the unit child support services shall issue a certificate of
14noncompliance, bearing the individual’s name, social security
15number and unit the child support services’ case number, to any
16appropriate licensing authority, certifying that the obligor is
17not in compliance with a support order or an individual has not
18complied with a subpoena or warrant.
195. A statement that in order to stay the issuance of a
20certificate of noncompliance the request for a conference shall
21be in writing and shall be received by the unit child support
22services within twenty days of mailing of the notice to the
23individual.
246. The names of the licensing authorities to which the
25unit child support services intends to issue a certificate of
26noncompliance.
277. A statement that if the unit child support services
28 issues a certificate of noncompliance to an appropriate
29licensing authority, the licensing authority shall initiate
30proceedings to refuse to issue or renew, or to suspend or
31revoke the individual’s license, unless the unit child support
32services provides the licensing authority with a withdrawal of
33a certificate of noncompliance.
34 Sec. 1006. Section 252J.4, Code 2023, is amended to read as
35follows:
-723- 1252J.4 Conference.
21. The individual may schedule a conference with the unit
3 child support services following mailing of the notice pursuant
4to section 252J.3, or at any time after service of notice of
5suspension, revocation, denial of issuance, or nonrenewal of
6a license from a licensing authority, to challenge the unit’s
7 child support services’ actions under this chapter.
82. The request for a conference shall be made to the unit
9 child support services, in writing, and, if requested after
10mailing of the notice pursuant to section 252J.3, shall be
11received by the unit child support services within twenty days
12following mailing of the notice.
133. The unit Child support services shall notify the
14individual of the date, time, and location of the conference by
15regular mail, with the date of the conference to be no earlier
16than ten days following issuance of notice of the conference
17by the unit child support services, unless the individual and
18the unit child support services agree to an earlier date which
19may be the same date the individual requests the conference.
20If the individual fails to appear at the conference, the
21unit child support services shall issue a certificate of
22noncompliance.
234. Following the conference, the unit child support
24services shall issue a certificate of noncompliance unless any
25of the following applies:
26a. The unit Child support services finds a mistake in the
27identity of the individual.
28b. The unit Child support services finds a mistake in
29determining that the amount of delinquent support is equal to
30or greater than three months.
31c. The obligor enters a written agreement with the unit
32 child support services to comply with a support order, the
33obligor complies with an existing written agreement to comply
34with a support order, or the obligor pays the total amount of
35delinquent support due.
-724- 1d. Issuance of a certificate of noncompliance is not
2appropriate under other criteria established in accordance with
3rules adopted by the department pursuant to chapter 17A.
4e. The unit Child support services finds a mistake in
5determining the compliance of the individual with a subpoena
6or warrant.
7f. The individual complies with a subpoena or warrant.
85. The unit Child support services shall grant the
9individual a stay of the issuance of a certificate of
10noncompliance upon receiving a timely written request
11for a conference, and if a certificate of noncompliance
12has previously been issued, shall issue a withdrawal of a
13certificate of noncompliance if the obligor enters into a
14written agreement with the unit child support services to
15comply with a support order or if the individual complies with
16a subpoena or warrant.
176. If the individual does not timely request a conference
18or does not comply with a subpoena or warrant or if the
19obligor does not pay the total amount of delinquent support
20owed within twenty days of mailing of the notice pursuant to
21section 252J.3, the unit child support services shall issue a
22certificate of noncompliance.
23 Sec. 1007. Section 252J.5, Code 2023, is amended to read as
24follows:
25252J.5 Written agreement.
261. If an obligor is subject to this chapter as established
27in section 252J.2, subsection 2, paragraph “a”, the obligor
28and the unit child support services may enter into a written
29agreement for payment of support and compliance which takes
30into consideration the obligor’s ability to pay and other
31criteria established by rule of the department. The written
32agreement shall include all of the following:
33a. The method, amount, and dates of support payments by the
34obligor.
35b. A statement that upon breach of the written agreement
-725-1by the obligor, the unit child support services shall issue
2a certificate of noncompliance to any appropriate licensing
3authority.
42. A written agreement entered into pursuant to this section
5does not preclude any other remedy provided by law and shall
6not modify or affect an existing support order.
73. Following issuance of a certificate of noncompliance,
8if the obligor enters into a written agreement with the unit
9 child support services, the unit child support services shall
10issue a withdrawal of the certificate of noncompliance to any
11appropriate licensing authority and shall forward a copy of the
12withdrawal by regular mail to the obligor.
13 Sec. 1008. Section 252J.6, Code 2023, is amended to read as
14follows:
15252J.6 Decision of the unit child support services.
161. If an obligor is not in compliance with a support order
17or the individual is not in compliance with a subpoena or
18warrant pursuant to section 252J.2, the unit child support
19services mails a notice to the individual pursuant to section
20252J.3, and the individual requests a conference pursuant to
21section 252J.4, the unit child support services shall issue a
22written decision if any of the following conditions exists:
23a. The individual fails to appear at a scheduled conference
24under section 252J.4.
25b. A conference is held under section 252J.4.
26c. The obligor fails to comply with a written agreement
27entered into by the obligor and the unit child support services
28 under section 252J.5.
292. The unit Child support services shall send a copy of
30the written decision to the individual by regular mail at the
31individual’s most recent address of record. If the decision
32is made to issue a certificate of noncompliance or to withdraw
33the certificate of noncompliance, a copy of the certificate
34of noncompliance or of the withdrawal of the certificate of
35noncompliance shall be attached to the written decision. The
-726-1written decision shall state all of the following:
2a. That the certificate of noncompliance or withdrawal
3of the certificate of noncompliance has been provided to the
4licensing authorities named in the notice provided pursuant to
5section 252J.3.
6b. That upon receipt of a certificate of noncompliance,
7the licensing authority shall initiate proceedings to suspend,
8revoke, deny issuance, or deny renewal of a license, unless
9the licensing authority is provided with a withdrawal of a
10certificate of noncompliance from the unit child support
11services.
12c. That in order to obtain a withdrawal of a certificate of
13noncompliance from the unit child support services, the obligor
14shall enter into a written agreement with the unit child
15support services, comply with an existing written agreement
16with the unit child support services, or pay the total amount
17of delinquent support owed or the individual shall comply with
18a subpoena or warrant.
19d. That if the unit child support services issues a written
20decision which includes a certificate of noncompliance, that
21 all of the following apply:
22(1) The individual may request a hearing as provided in
23section 252J.9, before the district court as follows:
24(a) If the action is a result of section 252J.2, subsection
252, paragraph “a”, in the county in which the underlying support
26order is filed, by filing a written application to the court
27challenging the issuance of the certificate of noncompliance
28by the unit child support services and sending a copy of the
29application to the unit child support services within the time
30period specified in section 252J.9.
31(b) If the action is a result of section 252J.2, subsection
322, paragraph “b”, and the individual is not an obligor, in the
33county in which the dependent child or children reside if the
34child or children reside in Iowa; in the county in which the
35dependent child or children last received public assistance if
-727-1the child or children received public assistance in Iowa; or
2in the county in which the individual resides if the action is
3the result of a request from a child support agency in another
4state or foreign country.
5(2) The individual may retain an attorney at the
6individual’s own expense to represent the individual at the
7hearing.
8(3) The scope of review of the district court shall be
9limited to demonstration of a mistake of fact related to the
10delinquency of the obligor or the compliance of the individual
11with a subpoena or warrant.
123. If the unit child support services issues a certificate
13of noncompliance, the unit child support services shall only
14issue a withdrawal of the certificate of noncompliance if any
15of the following applies:
16a. The unit Child support services or the court finds a
17mistake in the identity of the individual.
18b. The unit Child support services finds a mistake in
19determining compliance with a subpoena or warrant.
20c. The unit Child support services or the court finds a
21mistake in determining that the amount of delinquent support
22due is equal to or greater than three months.
23d. The obligor enters a written agreement with the unit
24 child support services to comply with a support order, the
25obligor complies with an existing written agreement to comply
26with a support order, or the obligor pays the total amount of
27delinquent support owed.
28e. The individual complies with the subpoena or warrant.
29f. Issuance of a withdrawal of the certificate of
30noncompliance is appropriate under other criteria in accordance
31with rules adopted by the department pursuant to chapter 17A.
32 Sec. 1009. Section 252J.7, subsection 1, Code 2023, is
33amended to read as follows:
341. If the individual fails to respond to the notice of
35potential license sanction provided pursuant to section 252J.3
-728-1or the unit child support services issues a written decision
2under section 252J.6 which states that the individual is not
3in compliance, the unit child support services shall issue
4a certificate of noncompliance to any appropriate licensing
5authority.
6 Sec. 1010. Section 252J.8, subsection 2, Code 2023, is
7amended to read as follows:
82. In addition to other grounds for suspension, revocation,
9or denial of issuance or renewal of a license, a licensing
10authority shall include in rules adopted by the licensing
11authority as grounds for suspension, revocation, or denial of
12issuance or renewal of a license, the receipt of a certificate
13of noncompliance from the unit child support services.
14 Sec. 1011. Section 252J.8, subsection 4, paragraph c,
15subparagraphs (1), (2), and (3), Code 2023, are amended to read
16as follows:
17(1) The licensing authority intends to suspend, revoke, or
18deny issuance or renewal of an individual’s license due to the
19receipt of a certificate of noncompliance from the unit child
20support services.
21(2) The individual must contact the unit child support
22services to schedule a conference or to otherwise obtain a
23withdrawal of a certificate of noncompliance.
24(3) Unless the unit child support services furnishes a
25withdrawal of a certificate of noncompliance to the licensing
26authority within thirty days of the issuance of the notice
27under this section, the individual’s license will be revoked,
28suspended, or denied.
29 Sec. 1012. Section 252J.8, subsection 5, Code 2023, is
30amended to read as follows:
315. If the licensing authority receives a withdrawal of
32a certificate of noncompliance from the unit child support
33services, the licensing authority shall immediately reinstate,
34renew, or issue a license if the individual is otherwise in
35compliance with licensing requirements established by the
-729-1licensing authority.
2 Sec. 1013. Section 252J.9, subsection 1, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4Following the issuance of a written decision by the unit
5 child support services under section 252J.6 which includes
6the issuance of a certificate of noncompliance, or following
7provision of notice to the individual by a licensing authority
8pursuant to section 252J.8, an individual may seek review of
9the decision and request a hearing before the district court
10as follows:
11 Sec. 1014. Section 252J.9, subsection 1, paragraph a, Code
122023, is amended to read as follows:
13a. If the action is a result of section 252J.2, subsection
142, paragraph “a”, in the county in which the underlying support
15order is filed, by filing an application with the district
16court, and sending a copy of the application to the unit by
17regular mail child support services.
18 Sec. 1015. Section 252J.9, subsections 2 and 6, Code 2023,
19are amended to read as follows:
202. An application shall be filed to seek review of the
21decision by the unit child support services or following
22issuance of notice by the licensing authority no later than
23within thirty days after the issuance of the notice pursuant to
24section 252J.8. The clerk of the district court shall schedule
25a hearing and mail a copy of the order scheduling the hearing
26to the individual and the unit child support services and shall
27also mail a copy of the order to the licensing authority, if
28applicable. The unit Child support services shall certify a
29copy of its written decision and certificate of noncompliance,
30indicating the date of issuance, and the licensing authority
31shall certify a copy of a notice issued pursuant to section
32252J.8, to the court prior to the hearing.
336. If the court finds that the unit child support services
34 was in error in issuing a certificate of noncompliance,
35or in failing to issue a withdrawal of a certificate of
-730-1noncompliance, the unit child support services shall issue a
2withdrawal of a certificate of noncompliance to the appropriate
3licensing authority.
4 Sec. 1016. Section 252K.103, Code 2023, is amended to read
5as follows:
6252K.103 State tribunal and support enforcement agency.
71. The child Child support recovery unit services when
8the unit child support services establishes or modifies an
9order, upon ratification by the court, and the court, are the
10tribunals of this state.
112. The child Child support recovery unit services created in
12section 252B.2 is the support enforcement agency of this state.
13 Sec. 1017. Section 252K.201, subsection 1, paragraph g,
14Code 2023, is amended to read as follows:
15g. The individual asserted parentage of a child in the
16declaration of paternity registry maintained in this state
17by the Iowa department of public health and human services
18 pursuant to section 144.12A or established paternity by
19affidavit under section 252A.3A.
20 Sec. 1018. Section 252K.310, subsection 1, Code 2023, is
21amended to read as follows:
221. The child Child support recovery unit services is the
23state information agency under this chapter.
24 Sec. 1019. Section 252K.319, subsection 2, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26If neither the obligor, nor the obligee who is an individual,
27nor the child resides in this state, upon request from the
28support enforcement agency of this state or another state, the
29 child support recovery unit services or a tribunal of this
30state shall:
31 Sec. 1020. Section 252K.703, Code 2023, is amended to read
32as follows:
33252K.703 Relationship of child support recovery unit services
34 to United States central authority.
35The child Child support recovery unit services of this state
-731-1is recognized as the agency designated by the United States
2central authority to perform specific functions under the
3convention.
4 Sec. 1021. Section 252K.704, Code 2023, is amended to read
5as follows:
6252K.704 Initiation by child support recovery unit services
7 of support proceeding under convention.
81. In a support proceeding under this article, the child
9support recovery unit services of this state shall:
10a. Transmit and receive applications.
11b. Initiate or facilitate the institution of a proceeding
12regarding an application in a tribunal of this state.
132. The following support proceedings are available to an
14obligee under the convention:
15a. Recognition or recognition and enforcement of a foreign
16support order.
17b. Enforcement of a support order issued or recognized in
18this state.
19c. Establishment of a support order if there is no existing
20order, including, if necessary, determination of parentage of a
21child.
22d. Establishment of a support order if recognition of
23a foreign support order is refused under section 252K.708,
24subsection 2, paragraph “b”, “d”, or “i”.
25e. Modification of a support order of a tribunal of this
26state.
27f. Modification of a support order of a tribunal of another
28state or a foreign country.
293. The following support proceedings are available under
30the convention to an obligor against which there is an existing
31support order:
32a. Recognition of an order suspending or limiting
33enforcement of an existing support order of a tribunal of this
34state.
35b. Modification of a support order of a tribunal of this
-732-1state.
2c. Modification of a support order of a tribunal of another
3state or a foreign country.
44. A tribunal of this state may not require security, bond,
5or deposit, however described, to guarantee the payment of
6costs and expenses in proceedings under the convention.
7 Sec. 1022. Section 252K.705, subsection 4, Code 2023, is
8amended to read as follows:
94. A petitioner filing a direct request is not entitled to
10assistance from the child support recovery unit services.
11 Sec. 1023. Section 252K.708, subsection 3, paragraph b,
12Code 2023, is amended to read as follows:
13b. The child Child support recovery unit services shall take
14all appropriate measures to request a child support order for
15the obligee if the application for recognition and enforcement
16was received under section 252K.704.
17 Sec. 1024. Section 256.1, subsection 1, paragraph e, Code
182023, is amended to read as follows:
19e. Educational supervision over the elementary and secondary
20schools under the control of an administrator of a division of
21 the department of health and human services.
22 Sec. 1025. Section 256.9, subsection 15, Code 2023, is
23amended to read as follows:
2415. Provide the same educational supervision for the
25schools maintained by the director of health and human services
26as is provided for the public schools of the state and make
27recommendations to the director of health and human services
28for the improvement of the educational program in those
29institutions.
30 Sec. 1026. Section 256.9, subsection 31, paragraph b, Code
312023, is amended to read as follows:
32b. Standards and materials developed shall include materials
33which employ developmentally appropriate practices and
34incorporate substantial parental involvement. The materials
35and standards shall include alternative teaching approaches
-733-1including collaborative teaching and alternative dispute
2resolution training. The department shall consult with the
3child development coordinating council, the state child care
4advisory committee established pursuant to section 135.173A,
5the department of health and human services, the state board
6of regents center for early developmental education, the
7area education agencies, the department of human development
8and family studies in the college of human sciences at
9Iowa state university of science and technology, the early
10childhood elementary division of the college of education at
11the university of Iowa, and the college of education at the
12university of northern Iowa, in developing these standards and
13materials.
14 Sec. 1027. Section 256.9, subsection 46, paragraph a, Code
152023, is amended to read as follows:
16a. Develop and make available to school districts, examples
17of age-appropriate and research-based materials and lists
18of resources which parents may use to teach their children
19to recognize unwanted physical and verbal sexual advances,
20to not make unwanted physical and verbal sexual advances,
21to effectively reject unwanted sexual advances, that it is
22wrong to take advantage of or exploit another person, about
23the dangers of sexual exploitation by means of the internet
24including specific strategies to help students protect
25themselves and their personally identifiable information
26from such exploitation, and about counseling, medical, and
27legal resources available to survivors of sexual abuse and
28sexual assault, including resources for escaping violent
29relationships. The materials and resources shall cover verbal,
30physical, and visual sexual harassment, including nonconsensual
31sexual advances, and nonconsensual physical sexual contact. In
32developing the materials and resource list, the director shall
33consult with entities that shall include but not be limited to
34the departments of health and human services, public health,
35 and public safety, education stakeholders, and parent-teacher
-734-1organizations. School districts shall provide age-appropriate
2and research-based materials and a list of available community
3and internet-based resources to parents at registration and
4shall also include the age-appropriate and research-based
5materials and resource list in the student handbook. School
6districts are encouraged to work with their communities to
7provide voluntary parent education sessions to provide parents
8with the skills and appropriate strategies to teach their
9children as described in this subsection. School districts
10shall incorporate the age-appropriate and research-based
11materials into relevant curricula and shall reinforce the
12importance of preventive measures when reasonable with parents
13and students.
14 Sec. 1028. Section 256.9, subsection 50, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16Convene, in collaboration with the department of public
17 health and human services, a nutrition advisory panel to
18review research in pediatric nutrition conducted in compliance
19with accepted scientific methods by recognized professional
20organizations and agencies including but not limited to the
21institute of medicine. The advisory panel shall submit its
22findings and recommendations, which shall be consistent with
23the dietary guidelines for Americans published jointly by the
24United States department of health and human services and
25department of agriculture if in the judgment of the advisory
26panel the guidelines are supported by the research findings, in
27a report to the state board. The advisory panel may submit to
28the state board recommendations on standards related to federal
29school food programs if the recommendations are intended to
30exceed the existing federal guidelines. The state board
31shall consider the advisory panel report when establishing or
32amending the nutritional content standards required pursuant
33to section 256.7, subsection 29. The director shall convene
34the advisory panel by July 1, 2008, and every five years
35thereafter to review the report and make recommendations for
-735-1changes as appropriate. The advisory panel shall include
2but is not limited to at least one Iowa state university
3extension nutrition and health field specialist and at least
4one representative from each of the following:
5 Sec. 1029. Section 256.11, subsection 5, paragraph j,
6subparagraph (1), Code 2023, is amended to read as follows:
7(1) One unit of health education which shall include
8personal health; food and nutrition; environmental health;
9safety and survival skills; consumer health; family life;
10age-appropriate and research-based human growth and
11development; substance abuse use disorder and nonuse; emotional
12and social health; health resources; and prevention and control
13of disease, including age-appropriate and research-based
14information regarding sexually transmitted diseases, including
15HPV and the availability of a vaccine to prevent HPV, and
16acquired immune deficiency syndrome.
17 Sec. 1030. Section 256.16, subsection 1, paragraphs b and l,
18Code 2023, are amended to read as follows:
19b. Include in the professional education program,
20preparation that contributes to the education of students
21with disabilities and students who are gifted and talented,
22preparation in developing and implementing individualized
23education programs and behavioral intervention plans,
24preparation for educating individuals in the least restrictive
25environment and identifying that environment, strategies that
26address difficult and violent student behavior and improve
27academic engagement and achievement, and preparation in
28classroom management addressing high-risk behaviors including
29but not limited to behaviors related to substance abuse use
30disorder. Preparation required under this paragraph must be
31successfully completed before graduation from the practitioner
32preparation program.
33l. If the rules adopted by the board of educational
34examiners for issuance of any type or class of license require
35an applicant to complete work in student teaching, pre-student
-736-1teaching experiences, field experiences, practicums, clinicals,
2or internships, enter into a written contract with any school
3district, accredited nonpublic school, preschool registered or
4licensed by the department of health and human services, or
5area education agency in Iowa, to provide for such work under
6terms and conditions as agreed upon by the contracting parties.
7The terms and conditions of a written contract entered into
8with a preschool pursuant to this paragraph shall require
9that a student teacher be under the direct supervision of an
10appropriately licensed cooperating teacher who is employed
11to teach at the preschool. Students actually teaching or
12engaged in preservice licensure activities in a school district
13under the terms of such a contract are entitled to the same
14protection under section 670.8 as is afforded by that section
15to officers and employees of the school district, during the
16time such students are so assigned.
17 Sec. 1031. Section 256.35A, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. In addition, representatives of the department of
20education, the division of vocational rehabilitation of the
21department of education, the department of public health, the
22department of health and human services, the Iowa developmental
23disabilities council, the division of insurance of the
24department of commerce, and the state board of regents shall
25serve as ex officio members of the advisory council. Ex
26officio members shall work together in a collaborative manner
27to serve as a resource to the advisory council. The council
28may also form workgroups as necessary to address specific
29issues within the technical purview of individual members.
30 Sec. 1032. Section 256.39, subsection 5, Code 2023, is
31amended to read as follows:
325. In developing career pathways program efforts, each
33consortium shall make every effort to cooperate with the
34juvenile courts, the economic development authority, the
35department of workforce development, the department of health
-737-1and human services, and the new Iowa schools development
2corporation.
3 Sec. 1033. Section 256.46, subsection 1, paragraph g, Code
42023, is amended to read as follows:
5g. The child is a participant in a substance abuse use
6disorder or mental health program.
7 Sec. 1034. Section 256A.2, Code 2023, is amended to read as
8follows:
9256A.2 Child development coordinating council established.
101. A child development coordinating council is established
11to promote the provision of child development services to
12at-risk three-year-old and four-year-old children. The council
13shall consist of the following members:
14a. The administrator of the division of adult, children
15and family services of the department of human services or the
16administrator’s designee.
17b. a. The director of the department of education or the
18director’s designee.
19c. b. The director of health and human services or the
20director’s designee.
21d. The director of the department of public health or the
22director’s designee.
23e. c. An early childhood specialist of an area education
24agency selected by the area education agency administrators.
25f. d. The dean of the college of human sciences at Iowa
26state university of science and technology or the dean’s
27designee.
28g. e. The dean of the college of education from the
29university of northern Iowa or the dean’s designee.
30h. f. The professor and head of the department of
31pediatrics at the university of Iowa or the professor’s
32designee.
33i. g. A resident of this state who is a parent of a child
34who is or has been served by a federal head start program.
352. Staff assistance for the council shall be provided by
-738-1the department of education. Members of the council shall be
2reimbursed for actual and necessary expenses incurred while
3engaged in their official duties and shall receive per diem
4compensation at the level authorized under section 7E.6,
5subsection 1, paragraph “a”.
6 Sec. 1035. Section 256B.2, subsection 2, paragraph c, Code
72023, is amended to read as follows:
8c. For those children who cannot adapt to the regular
9educational or home living conditions, and who are attending
10facilities under chapters 263, 269, and 270, upon the request
11of the board of directors of an area education agency,
12the department of health and human services shall provide
13residential or detention facilities and the area education
14agency shall provide special education programs and services.
15The area education agencies shall cooperate with the board of
16regents to provide the services required by this chapter.
17 Sec. 1036. Section 256B.3, subsection 9, Code 2023, is
18amended to read as follows:
199. To cooperate with existing agencies such as the
20department of health and human services, the Iowa department of
21public health, the Iowa school for the deaf, the Iowa braille
22and sight saving school, the children’s hospitals, or other
23agencies concerned with the welfare and health of children
24requiring special education in the coordination of their
25educational activities for such children.
26 Sec. 1037. Section 256B.5, Code 2023, is amended to read as
27follows:
28256B.5 Information available upon request by bureau.
29The Iowa department of public health and human services
30 shall furnish to the state bureau of special education
31upon request information obtained from birth certificates
32relative to the name, address, and disability of any case of
33developmental disability. The state child health specialty
34clinics of the university of Iowa shall upon request furnish to
35the state bureau of special education the name, address, and
-739-1disability of all children of their register.
2 Sec. 1038. Section 256B.10, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. The department of education shall work with the state
5school for the deaf, the area education agencies, school
6districts, and the early hearing detection and intervention
7program in the Iowa department of public health and human
8services for purposes of coordinating, developing, and
9disseminating resources for use by parents or guardians, early
10hearing detection and intervention programs, the state school
11for the deaf, area education agencies, school districts, and
12accredited nonpublic schools to inform deaf and hard-of-hearing
13children’s expressive and receptive language acquisition or
14development.
15 Sec. 1039. Section 256B.10, subsection 3, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17The department of education, in consultation with the state
18school for the deaf, the area education agencies, school
19districts, and the early hearing detection and intervention
20program in the Iowa department of public health and human
21services, shall select existing tools or assessments that may
22be used by qualified educators to assess American sign language
23and English language and literacy development of deaf and
24hard-of-hearing children from birth through age eight.
25 Sec. 1040. Section 256B.10, subsection 5, paragraph b, Code
262023, is amended to read as follows:
27b. The department of education shall work with the early
28hearing detection and intervention program in the Iowa
29 department of public health and human services, the state
30school for the deaf, and the area education agencies when
31developing the guidelines. The department of education,
32in consultation with the Iowa school for the deaf, shall
33administer the family support mentoring program for deaf or
34hard-of-hearing children.
35 Sec. 1041. Section 256B.10, subsection 5, paragraph d,
-740-1subparagraph (5), Code 2023, is amended to read as follows:
2(5) Reach out to parents of children identified through
3the early hearing detection and intervention program in the
4Iowa department of public health and human services and share
5information about the family support mentoring program services
6available to such parents.
7 Sec. 1042. Section 256B.10, subsection 5, paragraph e, Code
82023, is amended to read as follows:
9e. The department of education shall coordinate family
10support mentoring activities with the early hearing detection
11and intervention program in the Iowa department of public
12 health and human services, the state school for the deaf, the
13area education agencies, and nonprofit organizations that
14provide family support mentoring to parents with deaf or
15hard-of-hearing children.
16 Sec. 1043. Section 256B.15, subsections 7, 9, and 10, Code
172023, are amended to read as follows:
187. The area education agencies shall transfer to the
19department of health and human services an amount equal to
20the nonfederal share of the payments to be received from the
21medical assistance program pursuant to chapter 249A. The
22nonfederal share amount shall be transferred to the medical
23assistance account prior to claims payment. This requirement
24does not apply to medical assistance reimbursement for
25services provided by an area education agency under part C
26of the federal Individuals With Disabilities Education Act.
27Funds received under this section shall not be considered or
28included as part of the area education agencies’ budgets when
29calculating funds that are to be received by area education
30agencies during a fiscal year.
319. The department of education and the department of health
32and human services shall adopt rules to implement this section.
3310. The department of health and human services shall offer
34assistance to the area education agencies in the identification
35of children eligible for reimbursement for services under this
-741-1section.
2 Sec. 1044. Section 256I.1, Code 2023, is amended to read as
3follows:
4256I.1 Definitions.
5For the purposes of this chapter, unless the context
6otherwise requires:
71. “Department” means the department of management health
8and human services.
92. “Desired results” means the set of desired results for
10improving the quality of life in this state for young children
11and their families identified in section 256I.2.
123. “Early care”, “early care services”, or “early care
13system” means the programs, services, support, or other
14assistance made available to a parent or other person who is
15involved with addressing the health and education needs of a
16child from zero through age five. “Early care”, “early care
17services”, or “early care system” includes but is not limited to
18public and private efforts and formal and informal settings.
194. “Early childhood Iowa area” means a geographic area
20designated in accordance with this chapter.
215. “Early childhood Iowa area board” or “area board”
22means the board for an early childhood Iowa area created in
23accordance with this chapter.
246. “Early childhood Iowa program” or “program” means the
25early childhood Iowa program established in section 256I.5.
266. 7. “Early childhood Iowa state board” or “state board”
27means the early childhood Iowa state board created in section
28256I.3.
29 Sec. 1045. Section 256I.3, subsection 2, paragraph a, Code
302023, is amended to read as follows:
31a. The board shall consist of twenty-one nineteen voting
32members with fifteen citizen members and six four state agency
33members. The six state agency members shall be the directors
34or their designees of the following agencies: economic
35development authority, education, human rights, health and
-742-1 human services, public health, and workforce development.
2The designees of state agency directors shall be selected on
3an annual basis. The citizen members shall be appointed by
4the governor, subject to confirmation by the senate. The
5governor’s appointments of citizen members shall be made in
6a manner so that each of the state’s congressional districts
7is represented by at least two citizen members and so that
8all the appointments as a whole reflect the ethnic, cultural,
9social, and economic diversity of the state. A member of the
10state board shall not be a provider of services or other entity
11receiving funding through the early childhood Iowa initiative
12or be employed by such a provider or other entity.
13 Sec. 1046. Section 256I.4, subsection 15, Code 2023, is
14amended to read as follows:
1515. Work with the early childhood Iowa office program
16 in building public-private partnerships for promoting the
17collaborative early care, education, health, and human services
18system.
19 Sec. 1047. Section 256I.5, subsection 2, Code 2023, is
20amended to read as follows:
212. An early childhood Iowa office program is established
22in the department to provide leadership for facilitation,
23communication, and coordination for the early childhood Iowa
24initiative activities and funding and for improvement of the
25early care, education, health, and human services systems. An
26administrator for the early childhood Iowa office program shall
27be appointed by the director of the department. Other staff
28may also be designated, subject to appropriation made for this
29purpose.
30 Sec. 1048. Section 256I.5, subsection 4, Code 2023, is
31amended to read as follows:
324. The office program shall work with the state and
33area boards to provide leadership for comprehensive system
34development. The office program shall also do all of the
35following:
-743- 1a. Enter into memoranda of agreement with the departments
2of education, human rights, human services, public health, and
3workforce development and the economic development authority to
4formalize the commitments of the respective departments and the
5authority to collaborating with and integrating a comprehensive
6early care, education, health, and human services system.
7Items addressed in the memoranda shall include but are not
8limited to data sharing and providing staffing to the technical
9assistance team.
10b. Work with private businesses, foundations, and nonprofit
11organizations to develop sustained funding.
12c. Maintain the internet site in accordance with section
13256I.10.
14d. Propose any needed revisions to administrative rules
15based on stakeholder input.
16e. Provide technical support to the state and area boards
17and to the early childhood Iowa areas through staffing services
18made available through the state agencies that serve on the
19state board.
20f. Develop, collect, disseminate, and provide guidance for
21common performance measures for the programs receiving funding
22under the auspices of the area boards.
23g. If a disagreement arises within an early childhood Iowa
24area regarding the interests represented on the area’s board,
25board decisions, or other disputes that cannot be locally
26resolved, upon request, provide state or regional technical
27assistance as deemed appropriate by the office program to
28assist the area in resolving the disagreement.
29 Sec. 1049. Section 256I.11, subsection 2, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31A school ready children grants account is created in the
32fund under the authority of the director of the department of
33education. Moneys credited to the account are appropriated
34to and shall be distributed by the department of education in
35the form of grants to early childhood Iowa areas pursuant to
-744-1criteria established by the state board in accordance with law.
2 Sec. 1050. Section 256I.11, subsection 4, paragraphs a, b,
3and c, Code 2023, are amended to read as follows:
4a. An early childhood programs grant account is created in
5the fund under the authority of the director of the department
6of human services. Moneys credited to the account are
7appropriated to and shall be distributed by the department of
8human services in the form of grants to early childhood Iowa
9areas pursuant to criteria established by the state board in
10accordance with law. The criteria shall include but are not
11limited to a requirement that an early childhood Iowa area must
12be designated by the state board in order to be eligible to
13receive an early childhood programs grant.
14b. An early childhood Iowa area receiving funding from
15the early childhood programs grant account shall comply with
16any federal reporting requirements associated with the use
17of that funding and other results and reporting requirements
18established by the state board. The department of human
19services shall provide technical assistance in identifying and
20meeting the federal requirements. The availability of funding
21provided from the account is subject to changes in federal
22requirements and amendments to Iowa law.
23c. The moneys distributed from the early childhood programs
24grant account shall be used by early childhood Iowa areas
25for the purposes of enhancing quality child care capacity in
26support of parent capability to obtain or retain employment.
27The moneys shall be used with a primary emphasis on low-income
28families and children from zero to age five. Moneys shall be
29provided in a flexible manner and shall be used to implement
30strategies identified by the early childhood Iowa area to
31achieve such purposes. The department of human services may
32use a portion of the funding appropriated to the department
33under this subsection for provision of technical assistance and
34other support to the early childhood Iowa areas developing and
35implementing strategies with grant moneys distributed from the
-745-1account.
2 Sec. 1051. Section 256I.11, subsection 5, Code 2023, is
3amended to read as follows:
45. A first years first account is created in the fund under
5the authority of the department of management. The account
6shall consist of gift or grant moneys obtained from any source,
7including but not limited to the federal government. Moneys
8credited to the account are appropriated to the department to
9be used for the early childhood-related purposes for which the
10moneys were received.
11 Sec. 1052. Section 256I.12, subsections 6 and 7, Code 2023,
12are amended to read as follows:
136. Steering committee. The early childhood stakeholders
14alliance shall operate with a steering committee to organize,
15manage, and coordinate the activities of the alliance and its
16component groups. The steering committee may act on behalf of
17the alliance as necessary. The steering committee membership
18shall consist of the co-chairpersons of the alliance’s
19component groups, the administrator of the early childhood Iowa
20office program, and other leaders designated by the alliance.
217. Component groups. The early childhood stakeholders
22alliance shall maintain component groups to address the
23key components of the Iowa early childhood system. Each
24component group shall have one private and one public agency
25co-chairperson. The alliance may change the component groups
26as deemed necessary by the alliance. Initially, there shall
27be a component group for each of the following: The component
28groups shall implement the strategic plan created pursuant to
29section 256I.4.
30a. Governance planning and administration.
31b. Professional development.
32c. Public engagement.
33d. Quality services and programs.
34e. Resources and funding.
35f. Results accountability.
-746-1 Sec. 1053. Section 256I.13, subsection 1, Code 2023, is
2amended to read as follows:
31. In order to implement the legislative intent stated in
4sections 135.106 and 256I.9, that priority for family support
5program funding be given to programs using evidence-based or
6promising models for family support, it is the intent of the
7general assembly that by July 1, 2016, ninety percent of state
8funds expended for family support programs shall be used for
9evidence-based or promising program models. The remaining ten
10percent of funds may be used for innovative program models that
11do not yet meet the definition of evidence-based or promising
12programs.
13 Sec. 1054. Section 256I.13, subsection 3, paragraphs b and
14e, Code 2023, are amended to read as follows:
15b. The data on families served that is collected by the
16family support programs funded through the early childhood
17Iowa initiative shall include but is not limited to basic
18demographic information, services received, funding utilized,
19and program outcomes for the children and families served. The
20state board shall adopt performance benchmarks for the family
21support programs and shall revise the Iowa family support
22credential to incorporate the performance benchmarks on or
23before January 1, 2014.
24e. The state board shall develop a plan to implement a
25coordinated intake and referral process for publicly funded
26family support programs in order to engage the families
27expecting a child or with newborn and infant children through
28age five in all communities in the state by July 1, 2015.
29 Sec. 1055. Section 257.11, subsection 4, paragraph e,
30subparagraphs (2) and (3), Code 2023, are amended to read as
31follows:
32(2) The pupil is not in a court-ordered placement under
33chapter 232 under the care and custody of the department of
34health and human services or juvenile court services.
35(3) The pupil is not in the state training school pursuant
-747-1to a court order entered under chapter 232 under the care and
2custody of the department of health and human services.
3 Sec. 1056. Section 257.41, subsection 4, paragraphs b and c,
4Code 2023, are amended to read as follows:
5b. The student is not in a court-ordered placement under
6chapter 232 under the care and custody of the department of
7health and human services or juvenile court services.
8c. The student is not in the state training school pursuant
9to a court order entered under chapter 232 under the care and
10custody of the department of health and human services.
11 Sec. 1057. Section 260C.40, Code 2023, is amended to read
12as follows:
13260C.40 Prohibition of controlled substances.
14Each community college shall adopt a policy that prohibits
15unlawful possession, use, or distribution of controlled
16substances by students and employees on property owned
17or leased by the community college or in conjunction with
18activities sponsored by a community college. Each community
19college shall provide information about the policy to all
20students and employees. The policy shall include a clear
21statement of sanctions for violation of the policy and
22information about available drug or alcohol counseling and
23rehabilitation programs. In carrying out this policy, the
24community college shall provide substance abuse use disorder
25 prevention programs for students and employees.
26 Sec. 1058. Section 261.2, subsection 6, Code 2023, is
27amended to read as follows:
286. Develop and implement, in cooperation with the
29department of health and human services and the judicial
30branch, a program to assist juveniles who are sixteen years of
31age or older and who have a case permanency plan under chapter
32232 or 237 or are otherwise under the jurisdiction of chapter
33232 in applying for federal and state aid available for higher
34education.
35 Sec. 1059. Section 261.9, subsection 1, paragraph e, Code
-748-12023, is amended to read as follows:
2e. Adopts a policy that prohibits unlawful possession,
3use, or distribution of controlled substances by students and
4employees on property owned or leased by the institution or
5in conjunction with activities sponsored by the institution.
6Each institution shall provide information about the policy
7to all students and employees. The policy shall include a
8clear statement of sanctions for violation of the policy
9and information about available drug or alcohol counseling
10and rehabilitation programs. In carrying out this policy,
11an institution shall provide substance abuse use disorder
12 prevention programs for students and employees.
13 Sec. 1060. Section 261.71, subsection 3, Code 2023, is
14amended to read as follows:
153. For purposes of this section “graduate student” means
16a student who has completed at least ninety semester hours,
17or the trimester or quarter equivalent, of postsecondary
18course work at a public higher education institution or at an
19accredited private institution, as defined under section 261.9.
20“Underserved area” means a geographical area included on the
21Iowa governor’s health practitioner shortage area list, which
22is compiled by the center for rural health and primary care
23of the Iowa department of public health and human services.
24The commission shall adopt rules, consistent with rules used
25for students enrolled in higher education institutions under
26the control of the state board of regents, for purposes of
27determining Iowa residency status of graduate students under
28this section. The commission shall also adopt rules which
29provide standards, guidelines, and procedures for the receipt,
30processing, and administration of student applications and
31loans under this section.
32 Sec. 1061. Section 261.87, subsection 1, paragraph b, Code
332023, is amended to read as follows:
34b. “Eligible foster care student” means a person who has a
35high school diploma or a high school equivalency diploma under
-749-1chapter 259A and is described by any of the following:
2(1) Is age seventeen and is in a court-ordered placement
3under chapter 232 under the care and custody of the department
4of health and human services or juvenile court services.
5(2) Is age seventeen and has been placed in a state juvenile
6institution pursuant to a court order entered under chapter
7232 under the care and custody of the department of health and
8 human services.
9(3) Is described by any of the following:
10(a) On the date the person reached age eighteen or during
11the thirty calendar days preceding or succeeding that date,
12the person was in a licensed foster care placement pursuant
13to a court order entered under chapter 232 under the care and
14custody of the department of health and human services or
15juvenile court services.
16(b) On the date the person reached age eighteen or during
17the thirty calendar days preceding or succeeding that date, the
18person was under a court order under chapter 232 to live with a
19relative or other suitable person.
20(c) The person was in a licensed foster care placement
21pursuant to an order entered under chapter 232 prior to being
22legally adopted after reaching age sixteen.
23(d) On the date the person reached age eighteen or during
24the thirty calendar days preceding or succeeding that date,
25the person was placed in a state juvenile institution pursuant
26to a court order entered under chapter 232 under the care and
27custody of the department of health and human services.
28 Sec. 1062. Section 261B.11, subsection 1, paragraph m, Code
292023, is amended to read as follows:
30m. Higher education institutions located in Iowa whose
31massage therapy curriculum is approved under administrative
32rules of the professional licensure division of the department
33of public health and human services and whose instructors are
34licensed massage therapists under chapter 152C.
35 Sec. 1063. Section 262.9A, Code 2023, is amended to read as
-750-1follows:
2262.9A Prohibition of controlled substances.
3The state board of regents shall adopt a policy that
4prohibits unlawful possession, use, or distribution of
5controlled substances by students and employees on property
6owned or leased by an institution or in conjunction with
7activities sponsored by an institution governed by the board.
8Each institution shall provide information about the policy
9to all students and employees. The policy shall include a
10clear statement of sanctions for violation of the policy
11and information about available drug or alcohol counseling
12and rehabilitation programs. In carrying out this policy,
13the institutions shall provide substance abuse use disorder
14 prevention programs for students and employees.
15 Sec. 1064. Section 262.70, Code 2023, is amended to read as
16follows:
17262.70 Education, prevention, and research programs in mental
18health and disability services.
19The division of mental health and disability services of
20the department of health and human services may contract with
21the board of regents or any institution under the board’s
22jurisdiction to establish and maintain programs of education,
23prevention, and research in the fields of mental health,
24intellectual disability, developmental disabilities, and
25brain injury. The board may delegate responsibility for these
26programs to the state psychiatric hospital, the university
27hospital, or any other appropriate entity under the board’s
28jurisdiction.
29 Sec. 1065. Section 262.71, Code 2023, is amended to read as
30follows:
31262.71 Center for early development education.
32The board of regents shall develop a center for early
33development education at one of the regents institutions
34specified in section 262.7, subsections 1 through 3. The
35center’s programs shall be conducted in a laboratory school
-751-1setting to serve as a model for early childhood education.
2The programs shall include, but not be limited to, programs
3designed to accommodate the needs of at-risk children. The
4teacher education programs at all three state universities
5shall cooperate in developing the center and its programs. The
6center’s programs shall take a holistic approach and the center
7shall, in developing its programs, consult with representatives
8from each of the following agencies, institutions, or groups:
91. The university of northern Iowa.
102. Iowa state university.
113. The university of Iowa.
124. The division of child and family services of the
13department of human services.
145. The department of public health.
156. 4. The department of health and human services.
167. 5. An early childhood development specialist from an
17area education agency.
188. 6. A parent of a child in a head start program.
199. 7. The department of education.
2010. 8. The child development coordinating council.
21 Sec. 1066. Section 262.78, subsections 2 and 3, Code 2023,
22are amended to read as follows:
232. The center shall cooperate with the center for rural
24health and primary care, established under department of health
25and human services pursuant to section 135.107, the center
26for health effects of environmental contamination established
27pursuant to section 263.17, and the department of agriculture
28and land stewardship. The agencies shall coordinate programs
29to the extent practicable.
303. The president of the university of Iowa, in consultation
31with the president of Iowa state university of science and
32technology, shall employ a full-time director of the center.
33The center may employ staff to carry out the center’s purpose.
34The director shall coordinate the agricultural health and
35safety programs of the center. The director shall regularly
-752-1meet and consult with the center for rural health and primary
2care department of health and human services pursuant to
3section 135.107. The director shall provide the board of
4regents with relevant information regarding the center.
5 Sec. 1067. Section 263.8, subsection 2, Code 2023, is
6amended to read as follows:
72. In addition to its regular work, the state hygienic
8laboratory shall perform without charge all bacteriological,
9serological, and epidemiological examinations and
10investigations which may be required by the Iowa department of
11public health and human services and the department shall adopt
12rules pursuant to chapter 17A therefor for the examinations
13and investigations. The laboratory shall also provide, those
14laboratory, scientific field measurement, and environmental
15quality services which, by contract, are requested by the other
16agencies of government.
17 Sec. 1068. Section 263.10, Code 2023, is amended to read as
18follows:
19263.10 Persons admitted.
20Every resident of the state who is not more than twenty-one
21years of age, who has such severe disabilities as to be unable
22to acquire an education in the public or accredited nonpublic
23schools, and every such person who is twenty-one and under
24thirty-five years of age who has the consent of the state board
25of regents, shall be entitled to receive an education, care,
26and training in the university of Iowa hospitals and clinics
27center for disabilities and development, and nonresidents
28similarly situated may be entitled to an education and care at
29the center upon such terms as may be fixed by the state board
30of regents. The fee for nonresidents shall be not less than
31the average expense of resident pupils and shall be paid in
32advance. Residents and persons under the care and control of a
33director of a division of the department of health and human
34services who have severe disabilities may be transferred to the
35center upon such terms as may be agreed upon by the state board
-753-1of regents and the director of health and human services.
2 Sec. 1069. Section 263.17, subsection 2, paragraph a,
3subparagraph (10), Code 2023, is amended to read as follows:
4(10) The Iowa department of public health and human
5services.
6 Sec. 1070. Section 263.17, subsection 7, Code 2023, is
7amended to read as follows:
87. The center shall cooperate with the center for rural
9health and primary care, established under department of
10health and human services pursuant to section 135.107, the
11center for agricultural safety and health established under
12section 262.78, and the department of agriculture and land
13stewardship. The agencies shall coordinate programs to the
14extent practicable.
15 Sec. 1071. Section 263.21, Code 2023, is amended to read as
16follows:
17263.21 Transfer of patients from state institutions.
18The director of the department of health and human services,
19in respect to institutions under the director’s control, the
20administrator of any of the divisions of the department, in
21respect to the institutions under the administrator’s control,
22 the director of the department of corrections, in respect to
23the institutions under the department’s control, and the state
24board of regents, in respect to the Iowa braille and sight
25saving school and the Iowa school for the deaf, may send any
26inmate, student, or patient of an institution, or any person
27committed or applying for admission to an institution, to
28the university of Iowa hospitals and clinics for treatment
29and care. The department of health and human services, the
30department of corrections, and the state board of regents shall
31respectively pay the traveling expenses of such patient, and
32when necessary the traveling expenses of an attendant for
33the patient, out of funds appropriated for the use of the
34institution from which the patient is sent.
35 Sec. 1072. Section 263.17, subsection 2, paragraph a,
-754-1subparagraph (10), Code 2023, is amended to read as follows:
2(10) The Iowa department of public health and human
3services.
4 Sec. 1073. Section 263B.7, Code 2023, is amended to read as
5follows:
6263B.7 Ancient remains.
7The state archaeologist has the primary responsibility
8for investigating, preserving, and reinterring discoveries
9of ancient human remains. For the purposes of this section,
10ancient human remains are those remains found within the state
11which are more than one hundred fifty years old. The state
12archaeologist shall make arrangements for the services of a
13forensic osteologist in studying and interpreting ancient
14burials and may designate other qualified archaeologists to
15assist the state archaeologist in recovering physical and
16cultural information about the ancient burials. The state
17archaeologist shall file with the Iowa department of public
18 health and human services a written report containing both
19physical and cultural information regarding the remains at the
20conclusion of each investigation.
21 Sec. 1074. Section 272C.1, subsection 6, paragraph ad, Code
222023, is amended to read as follows:
23ad. The director of public health and human services in
24certifying emergency medical care providers and emergency
25medical care services pursuant to chapter 147A.
26 Sec. 1075. Section 272C.3, subsection 1, paragraph k, Code
272023, is amended to read as follows:
28k. Establish a licensee review committee for the purpose
29of evaluating and monitoring licensees who are impaired as
30a result of alcohol or drug abuse substance use disorder,
31dependency, or addiction, or by any mental or physical disorder
32or disability, and who self-report the impairment to the
33committee, or who are referred by the board to the committee.
34Members of the committee shall receive actual expenses for the
35performance of their duties and shall be eligible to receive
-755-1per diem compensation pursuant to section 7E.6. The board
2shall adopt rules for the establishment and administration of
3the committee, including but not limited to establishment of
4the criteria for eligibility for referral to the committee and
5the grounds for disciplinary action for noncompliance with
6committee decisions. Information in the possession of the
7board or the licensee review committee, under this paragraph,
8shall be subject to the confidentiality requirements of section
9272C.6. Referral of a licensee by the board to a licensee
10review committee shall not relieve the board of any duties
11of the board and shall not divest the board of any authority
12or jurisdiction otherwise provided. A licensee who violates
13section 272C.10 or the rules of the board while under review by
14the licensee review committee shall be referred to the board
15for appropriate action.
16 Sec. 1076. Section 272C.3, subsection 4, paragraph b, Code
172023, is amended to read as follows:
18b. All health care boards shall file written decisions
19which specify the sanction entered by the board with the Iowa
20 department of public health and human services which shall be
21available to the public upon request. All non-health care
22boards shall have on file the written and specified decisions
23and sanctions entered by the board and shall be available to
24the public upon request.
25 Sec. 1077. Section 272C.4, subsection 9, Code 2023, is
26amended to read as follows:
279. Require each health care licensing board to file with
28the Iowa department of public health and human services a copy
29of each decision of the board imposing licensee discipline.
30Each non-health care board shall have on file a copy of each
31decision of the board imposing licensee discipline which
32copy shall be properly dated and shall be in simple language
33and in the most concise form consistent with clearness and
34comprehensiveness of subject matter.
35 Sec. 1078. Section 272C.6, subsection 6, paragraph b, Code
-756-12023, is amended to read as follows:
2b. The department of agriculture and land stewardship,
3the department of commerce, and the Iowa department of public
4 health and human services shall each adopt rules pursuant to
5chapter 17A which provide for the allocation of fees and costs
6collected pursuant to this section to the board under its
7jurisdiction collecting the fees and costs. The fees and costs
8shall be considered repayment receipts as defined in section
98.2.
10 Sec. 1079. Section 279.49, subsections 1 and 3, Code 2023,
11are amended to read as follows:
121. The board of directors of a school corporation may
13operate or contract for the operation of a program to provide
14child care to children not enrolled in school or to students
15enrolled in kindergarten through grade six before and after
16school, or to both. Programs operated or contracted by a
17board shall be licensed by the department of health and human
18services under chapter 237A as a child care center unless
19the program is exempt from licensure under chapter 237A.
20Notwithstanding requirements of the department of health and
21 human services regarding space allocated to child care centers
22licensed under chapter 237A, a program operated or contracted
23by a board which is located on school grounds may define
24alternative spaces, in policy and procedures, appropriate to
25meet the needs of children in the program if the primary space
26is required for another use.
273. The facilities housing a program operated under this
28section shall comply with standards adopted by the state fire
29marshal for school buildings under chapter 100. In addition,
30if a program involves children who are younger than school
31age, the facilities housing those children shall meet the fire
32safety standards which would apply to that age of child in a
33child care facility licensed by the department of health and
34 human services.
35 Sec. 1080. Section 279.50, subsection 8, Code 2023, is
-757-1amended to read as follows:
28. The department of education shall identify and
3disseminate information about early intervention programs
4for students who are at the greatest risk of suffering from
5the problem of dropping out of school, substance abuse use
6disorder, adolescent pregnancy, or suicide.
7 Sec. 1081. Section 279.60, subsection 2, Code 2023, is
8amended to read as follows:
92. The school district shall also collect information from
10each parent, guardian, or legal custodian of a kindergarten
11student enrolled in the district on whether the student
12attended preschool. Each school district shall report the
13preschool information collected to the department of education
14in the manner prescribed by the department not later than
15January 1 of that school year. The early childhood Iowa office
16 program in the department of management health and human
17services shall have access to the raw data. The department of
18education shall review the information submitted pursuant to
19this section and shall submit its findings and recommendations
20annually in a report to the governor, the general assembly, the
21early childhood Iowa state board, and the early childhood Iowa
22area boards.
23 Sec. 1082. Section 279.76, subsection 3, paragraph a, Code
242023, is amended to read as follows:
25a. “Emergent care situation” means a sudden or unforeseen
26occurrence or onset of a medical or behavioral condition that
27could result in serious injury or harm to a student or others
28in the event immediate medical attention is not provided.
29“Emergent care situation” includes the need to screen a student
30or others for symptoms or exposures during an outbreak or
31public health event of concern as designated by the department
32of public health and human services.
33 Sec. 1083. Section 280.13C, subsection 3, paragraph a, Code
342023, is amended to read as follows:
35a. The department of public health and human services, the
-758-1 Iowa high school athletic association, and the Iowa girls high
2school athletic union shall work together to develop training
3materials and courses regarding concussions and brain injuries,
4including training regarding evaluation, prevention, symptoms,
5risks, and long-term effects of concussions and brain injuries.
6Each coach or contest official shall complete such training at
7least every two years.
8 Sec. 1084. Section 280.13C, subsection 4, Code 2023, is
9amended to read as follows:
104. Guidelines and information sheet.
11a. The department of public health and human services, the
12 Iowa high school athletic association, and the Iowa girls high
13school athletic union shall work together to distribute the
14guidelines of the centers for disease control and prevention
15of the United States department of health and human services
16and other pertinent information to inform and educate coaches,
17students, and the parents and guardians of students of the
18risks, signs, symptoms, and behaviors consistent with a
19concussion or brain injury, including the danger of continuing
20to participate in extracurricular interscholastic activities
21after suffering a concussion or brain injury and their
22responsibility to report such signs, symptoms, and behaviors
23if they occur.
24b. For school years beginning on or after July 1, 2018,
25each school district and nonpublic school shall provide to the
26parent or guardian of each student in grades seven through
27twelve a concussion and brain injury information sheet,
28as provided by the department of public health and human
29services, the Iowa high school athletic association, and the
30Iowa girls high school athletic union. The student and the
31student’s parent or guardian shall sign and return a copy
32of the concussion and brain injury information sheet to the
33student’s school prior to the student’s participation in any
34extracurricular interscholastic activity.
35 Sec. 1085. Section 280.13C, subsection 6, paragraph a, Code
-759-12023, is amended to read as follows:
2a. The department of public health and human services, in
3cooperation with the Iowa high school athletic association
4and the Iowa girls high school athletic union, shall develop
5a return-to-play protocol based on peer-reviewed scientific
6evidence consistent with the guidelines of the centers for
7disease control and prevention of the United States department
8of health and human services, for a student’s return to
9participation in any extracurricular interscholastic activity
10after showing signs, symptoms, or behaviors consistent with a
11concussion or brain injury. The department of public health
12and human services shall adopt the return-to-play protocol
13by rule pursuant to chapter 17A. The board of directors
14of each school district and the authorities in charge of
15each accredited nonpublic school with enrolled students who
16participate in an extracurricular interscholastic activity
17which is a contest in grades seven through twelve shall adopt
18such protocol by July 1, 2019.
19 Sec. 1086. Section 280.16, subsection 1, paragraph a, Code
202023, is amended to read as follows:
21a. “Bronchodilator” means a bronchodilator as recommended
22by the department of public health and human services for
23treatment of a student’s respiratory distress, asthma, or other
24airway constricting disease.
25 Sec. 1087. Section 280.16, subsection 7, Code 2023, is
26amended to read as follows:
277. The Iowa braille and sight saving school, the Iowa school
28for the deaf, and the institutions under the control of the
29department of health and human services as provided in section
30218.1 are exempt from the provisions of this section.
31 Sec. 1088. Section 280.17, subsection 1, Code 2023, is
32amended to read as follows:
331. The board of directors of a school district and the
34authorities in charge of a nonpublic school shall prescribe
35procedures, in accordance with the guidelines contained in
-760-1the model policy developed by the department of education in
2consultation with the department of health and human services,
3and adopted by the department of education pursuant to chapter
417A, for the handling of reports of child abuse, as defined in
5section 232.68, subsection 2, paragraph “a”, subparagraph (1),
6(3), or (5), alleged to have been committed by an employee or
7agent of the public or nonpublic school.
8 Sec. 1089. Section 280.25, subsection 1, Code 2023, is
9amended to read as follows:
101. The board of directors of each public school and the
11authorities in charge of each accredited nonpublic school
12shall adopt a policy and the superintendent of each public
13school shall adopt rules which provide that the school
14district or school may share information contained within a
15student’s permanent record pursuant to an interagency agreement
16with state and local agencies that are part of the juvenile
17justice system. These agencies include, but are not limited
18to, juvenile court services, the department of health and
19 human services, and local law enforcement authorities. The
20disclosure of information shall be directly related to the
21juvenile justice system’s ability to effectively serve, prior
22to adjudication, the student whose records are being released.
23 Sec. 1090. Section 280.29, subsection 1, paragraph e, Code
242023, is amended to read as follows:
25e. Enter into a memorandum of understanding with the
26department of health and human services regarding the exchange
27of information as appropriate to facilitate the enrollment
28transition of children adjudicated under chapter 232 or
29receiving foster care services from one school to another
30school.
31 Sec. 1091. Section 280.32, subsections 3 and 6, Code 2023,
32are amended to read as follows:
333. Radon testing pursuant to this section conducted on and
34after July 1, 2022, shall be conducted by a person certified
35to conduct such testing pursuant to section 136B.1 or by
-761-1district employees that have completed a school radon testing
2training program approved by the department of education and
3the department of public health and human services. District
4employees that have completed training shall not perform
5testing services in locations other than the employee’s
6employing district. The department of public health and human
7services shall maintain and make available to school districts
8a list of such approved school radon testing training programs.
9Testing shall be based on recognized national standards that
10outline school radon testing practices.
116. In consultation with appropriate stakeholders and the
12department of education, the department of public health and
13human services shall adopt rules to administer this section.
14 Sec. 1092. Section 280A.1, subsection 3, Code 2023, is
15amended to read as follows:
163. “Behavioral health screening” or “screening” means a
17screening and assessment performed using a universal behavioral
18health screening and assessment tool, approved for use by the
19department of education in consultation with the department of
20public health and the department of human services, to identify
21factors that place children at higher risk for behavioral
22health conditions, to determine appropriate treatment or
23intervention, and to identify the need for referral for
24appropriate services.
25 Sec. 1093. Section 282.18, subsection 7, paragraph b, Code
262023, is amended to read as follows:
27b. If a request to transfer is due to a change in family
28residence, a change in a child’s residence from the residence
29of one parent or guardian to the residence of a different
30parent or guardian, a change in the state in which the family
31residence is located, a change in a child’s parents’ marital
32status, a guardianship proceeding, placement in foster care,
33adoption, participation in a foreign exchange program, or
34participation in a substance abuse use disorder or mental
35health treatment program, and the child who is the subject of
-762-1the request is enrolled in any grade from kindergarten through
2grade twelve or who is a prekindergarten student enrolled in a
3special education program at the time of the request and is not
4currently using any provision of open enrollment, the parent or
5guardian of the child shall have the option to have the child
6remain in the child’s original district of residence under open
7enrollment with no interruption in the child’s educational
8program. If a parent or guardian exercises this option, the
9child’s new district of residence is not required to pay the
10amount calculated in subsection 5 or 6, as applicable, until
11the start of the first full year of enrollment of the child.
12 Sec. 1094. Section 282.18, subsection 9, paragraph a,
13subparagraph (8), Code 2023, is amended to read as follows:
14(8) If the pupil participates in open enrollment because
15of circumstances that meet the definition of good cause. For
16purposes of this subparagraph, “good cause” means a change in a
17child’s residence due to a change in family residence, a change
18in a child’s residence from the residence of one parent or
19guardian to the residence of a different parent or guardian, a
20change in the state in which the family residence is located,
21a change in a child’s parents’ marital status, a guardianship
22or custody proceeding, placement in foster care, adoption,
23participation in a foreign exchange program, initial placement
24of a prekindergarten student in a special education program
25requiring specially designed instruction, or participation
26in a substance abuse use disorder or mental health treatment
27program, a change in the status of a child’s resident district
28such as removal of accreditation by the state board, surrender
29of accreditation, or permanent closure of a nonpublic school,
30revocation of a charter school contract as provided in section
31256E.10 or 256F.8, the failure of negotiations for a whole
32grade sharing, reorganization, dissolution agreement, or the
33rejection of a current whole grade sharing agreement, or
34reorganization plan.
35 Sec. 1095. Section 282.19, Code 2023, is amended to read as
-763-1follows:
2282.19 Child living in substance abuse use disorder or foster
3care placement.
41. A child who is living in a facility that provides
5residential treatment as “facility” is defined in section
6125.2, which is located in a school district other than the
7school district in which the child resided before entering the
8facility may enroll in and attend an accredited school in the
9school district in which the child is living.
102. A child who is living in a licensed individual or agency
11child foster care facility, as defined in section 237.1, or
12in an unlicensed relative foster care placement, shall remain
13enrolled in and attend an accredited school in the school
14district in which the child resided and is enrolled at the
15time of placement, unless it is determined by the juvenile
16court or the public or private agency of this state that has
17responsibility for the child’s placement that remaining in such
18school is not in the best interests of the child. If such
19a determination is made, the child may attend an accredited
20school located in the school district in which the child is
21living and not in the school district in which the child
22resided prior to receiving foster care.
233. The instructional costs for students who do not require
24special education shall be paid as provided in section 282.31,
25subsection 1, paragraph “b”, or for students who require
26special education shall be paid as provided in section 282.31,
27subsection 2 or 3.
28 Sec. 1096. Section 282.27, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. The child is not placed by the department of health and
31 human services or a court in a day program treatment program in
32such psychiatric unit or institution.
33 Sec. 1097. Section 282.27, subsection 4, paragraph b, Code
342023, is amended to read as follows:
35b. The child is not placed by the department of health and
-764-1 human services or a court in a day program treatment program in
2such psychiatric unit or institution.
3 Sec. 1098. Section 282.33, subsection 1, Code 2023, is
4amended to read as follows:
51. A child who resides in an institution for children under
6the jurisdiction of the director of health and human services
7referred to in section 218.1, subsection 3, 4, 5, or 6, and who
8is not enrolled in the educational program of the district of
9residence of the child, shall receive appropriate educational
10services. The institution in which the child resides shall
11submit a proposed program and budget based on the average daily
12attendance of the children residing in the institution to the
13department of education and the department of health and human
14services by January 1 for the next succeeding school year. The
15department of education shall review and approve or modify the
16proposed program and budget and shall notify the department
17of administrative services of its action by February 1. The
18department of administrative services shall pay the approved
19budget amount to the department of health and human services in
20monthly installments beginning September 15 and ending June 15
21of the next succeeding school year. The installments shall be
22as nearly equal as possible as determined by the department of
23administrative services, taking into consideration the relative
24budget and cash position of the state’s resources. The
25department of administrative services shall pay the approved
26budget amount for the department of health and human services
27from the moneys appropriated under section 257.16 and the
28department of health and human services shall distribute the
29payment to the institution. The institution shall submit an
30accounting for the actual cost of the program to the department
31of education by August 1 of the following school year. The
32department shall review and approve or modify all expenditures
33incurred in compliance with the guidelines adopted pursuant to
34section 256.7, subsection 10, and shall notify the department
35of administrative services of the approved accounting amount.
-765-1The approved accounting amount shall be compared with any
2amounts paid by the department of administrative services to
3the department of health and human services and any differences
4added to or subtracted from the October payment made under this
5subsection for the next school year. Any amount paid by the
6department of administrative services shall be deducted monthly
7from the state foundation aid paid under section 257.16 to all
8school districts in the state during the subsequent fiscal
9year. The portion of the total amount of the approved budget
10that shall be deducted from the state aid of a school district
11shall be the same as the ratio that the budget enrollment for
12the budget year of the school district bears to the total
13budget enrollment in the state for that budget year in which
14the deduction is made.
15 Sec. 1099. Section 283A.2, subsection 3, Code 2023, is
16amended to read as follows:
173. Each school district that operates or provides for
18a school breakfast or lunch program shall provide for the
19forwarding of information from the applications for the school
20breakfast or lunch program, for which federal funding is
21provided, to identify children for enrollment in the medical
22assistance program pursuant to chapter 249A or the healthy
23and well kids in Iowa program pursuant to chapter 514I to the
24department of health and human services.
25 Sec. 1100. Section 285.1, subsection 1, paragraph a,
26subparagraph (3), Code 2023, is amended to read as follows:
27(3) Children attending prekindergarten programs offered or
28sponsored by the district or nonpublic school and approved by
29the department of education or department of health and human
30services or children participating in preschool in an approved
31local program under chapter 256C may be provided transportation
32services. However, transportation services provided to
33nonpublic school children are not eligible for reimbursement
34under this chapter.
35 Sec. 1101. Section 303.3C, subsection 1, paragraph a, Code
-766-12023, is amended to read as follows:
2a. The department of cultural affairs shall establish
3and administer an Iowa great places program for purposes
4of combining resources of state government in an effort to
5showcase the unique and authentic qualities of communities,
6regions, neighborhoods, and districts that make such places
7exceptional places to work and live. The department of
8cultural affairs shall provide administrative assistance to
9the Iowa great places board. The department of cultural
10affairs shall coordinate the efforts of the Iowa great places
11board with the efforts of state agencies participating in
12the program which shall include, but not be limited to, the
13economic development authority, the Iowa finance authority, the
14department of health and human rights services, the department
15of natural resources, the state department of transportation,
16and the department of workforce development.
17 Sec. 1102. Section 307.24, subsection 5, paragraph b, Code
182023, is amended to read as follows:
19b. For department of health and human services facility
20roads, six and one-half percent.
21 Sec. 1103. Section 321.1, subsection 8, paragraph g, Code
222023, is amended to read as follows:
23g. If authorized to transport patients or clients by the
24director of the department of health and human services or the
25director’s designee, an employee of the department of health
26and human services is not a chauffeur when transporting the
27patients or clients in an automobile.
28 Sec. 1104. Section 321.19, subsection 1, paragraph c,
29subparagraph (3), Code 2023, is amended to read as follows:
30(3) Persons in the department of justice, the alcoholic
31beverages division of the department of commerce, disease
32investigators of the Iowa department of public health and human
33services, the department of inspections and appeals, and the
34department of revenue, who are regularly assigned to conduct
35investigations which cannot reasonably be conducted with a
-767-1vehicle displaying “official” state registration plates.
2 Sec. 1105. Section 321.34, subsection 11A, paragraphs b and
3c, Code 2023, are amended to read as follows:
4b. Love our kids plates shall be designed by the department
5in cooperation with the Iowa department of public health and
6human services.
7c. The special fee for letter-number designated love our
8kids plates is thirty-five dollars. The fee for personalized
9love our kids plates is twenty-five dollars, which shall
10be paid in addition to the special love our kids fee of
11thirty-five dollars. The fees collected by the director under
12this subsection shall be paid monthly to the treasurer of
13state and deposited in the road use tax fund. The treasurer
14of state shall transfer monthly from the statutory allocations
15fund created under section 321.145, subsection 2, to the Iowa
16 department of public health and human services the amount
17of the special fees collected in the previous month for the
18love our kids plates. Notwithstanding section 8.33, moneys
19transferred under this subsection shall not revert to the
20general fund of the state.
21 Sec. 1106. Section 321.34, subsection 23, paragraph c, Code
222023, is amended to read as follows:
23c. The special fee for letter-number designated breast
24cancer awareness plates is thirty-five dollars. The fee for
25personalized breast cancer awareness plates is twenty-five
26dollars, which shall be paid in addition to the special
27breast cancer awareness fee of thirty-five dollars. The fees
28collected by the director under this subsection shall be paid
29monthly to the treasurer of state and deposited in the road
30use tax fund. The treasurer of state shall transfer monthly
31from the statutory allocations fund created under section
32321.145, subsection 2, to the Iowa department of public health
33and human services the amount of the special fees collected
34in the previous month for the breast cancer awareness plates
35and such funds are appropriated to the Iowa department of
-768-1public health and human services. The Iowa department of
2public health and human services shall distribute one hundred
3percent of the funds received monthly in the form of grants to
4support breast cancer screenings for both men and women who
5meet eligibility requirements like those established by the
6Susan G. Komen foundation. In the awarding of grants, the Iowa
7 department of public health and human services shall give first
8consideration to affiliates of the Susan G. Komen foundation
9and similar nonprofit organizations providing for breast cancer
10screenings at no cost in Iowa. Notwithstanding section 8.33,
11moneys transferred under this subsection shall not revert to
12the general fund of the state.
13 Sec. 1107. Section 321.178, subsection 1, paragraph a,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) A minimum of four hours of instruction concerning
16substance abuse use disorder and distracted driving.
17 Sec. 1108. Section 321.178A, subsection 3, paragraph a,
18subparagraph (2), Code 2023, is amended to read as follows:
19(2) Instruction concerning substance abuse use disorder and
20distracted driving.
21 Sec. 1109. Section 321.215, subsection 1, paragraph a,
22subparagraph (4), Code 2023, is amended to read as follows:
23(4) The person’s substance abuse use disorder treatment.
24 Sec. 1110. Section 321.231B, subsection 1, paragraph b,
25Code 2023, is amended to read as follows:
26b. An emergency medical care provider, as defined in
27section 147A.1, operating the authorized emergency vehicle who
28has completed an emergency vehicle operations course and any
29applicable continuing education requirements established or
30approved by the department of public health and human services.
31 Sec. 1111. Section 321.423, subsection 7, paragraph a,
32subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
33to read as follows:
34On a vehicle authorized by the director of public health and
35human services when all of the following apply:
-769-1 Sec. 1112. Section 321.423, subsection 7, paragraph a,
2subparagraph (2), subparagraph division (b), Code 2023, is
3amended to read as follows:
4(b) The request for authorization is made by the member
5on forms provided by the Iowa department of public health and
6human services.
7 Sec. 1113. Section 321.423, subsection 7, paragraph b, Code
82023, is amended to read as follows:
9b. The Iowa department of public health and human services
10 shall adopt rules to establish issuance standards, including
11allowing local emergency medical service providers to issue
12certificates of authorization, and shall adopt rules to
13establish certificate of authorization revocation procedures.
14 Sec. 1114. Section 321.451, subsection 1, paragraph h, Code
152023, is amended to read as follows:
16h. A vehicle owned by a chief, medical director, or
17certified medical provider of an authorized emergency medical
18service, if the application for a certificate of designation is
19requested by the chief, medical officer, or medical director
20of the authorized emergency medical service. However, the
21department shall not approve an application received pursuant
22to this paragraph unless the owner of the vehicle has completed
23an emergency vehicle operations course approved by the
24department of public health and human services, and provided
25proof of financial liability coverage or risk pool coverage.
26 Sec. 1115. Section 321J.2, subsection 3, paragraph e, Code
272023, is amended to read as follows:
28e. Assignment to substance abuse use disorder evaluation and
29treatment, a course for drinking drivers, and, if available and
30appropriate, a reality education substance abuse use disorder
31 prevention program pursuant to section 321J.24.
32 Sec. 1116. Section 321J.2, subsection 4, paragraph d, Code
332023, is amended to read as follows:
34d. Assignment to substance abuse use disorder evaluation and
35treatment, a course for drinking drivers, and, if available and
-770-1appropriate, a reality education substance abuse use disorder
2 prevention program pursuant to section 321J.24.
3 Sec. 1117. Section 321J.2, subsection 5, paragraph d, Code
42023, is amended to read as follows:
5d. Assignment to substance abuse use disorder evaluation and
6treatment, a course for drinking drivers, and, if available and
7appropriate, a reality education substance abuse use disorder
8 prevention program pursuant to section 321J.24.
9 Sec. 1118. Section 321J.2, subsection 7, paragraphs a and b,
10Code 2023, are amended to read as follows:
11a. All persons convicted of an offense under subsection 2
12shall be ordered, at the person’s expense, to undergo, prior
13to sentencing, a substance abuse use disorder evaluation. The
14court shall order the person to follow the recommendations
15proposed in the substance abuse use disorder evaluation as
16provided in section 321J.3.
17b. Where the program is available and is appropriate for
18the convicted person, a person convicted of an offense under
19subsection 2 shall be ordered to participate in a reality
20education substance abuse use disorder prevention program as
21provided in section 321J.24.
22 Sec. 1119. Section 321J.3, Code 2023, is amended to read as
23follows:
24321J.3 Substance abuse use disorder evaluation or treatment
25— rules.
261. a. In addition to orders issued pursuant to section
27321J.2, subsections 3, 4, and 5, and section 321J.17, the court
28shall order any defendant convicted under section 321J.2 to
29follow the recommendations proposed in the substance abuse
30 use disorder evaluation for appropriate substance abuse use
31disorder treatment for the defendant. Court-ordered substance
32abuse use disorder treatment is subject to the periodic
33reporting requirements of section 125.86.
34b. If a defendant is committed by the court to a substance
35abuse use disorder treatment facility, the administrator of the
-771-1facility shall report to the court when it is determined that
2the defendant has received the maximum benefit of treatment
3at the facility and the defendant shall be released from the
4facility. The time for which the defendant is committed for
5treatment shall be credited against the defendant’s sentence.
6c. The court may prescribe the length of time for the
7evaluation and treatment or it may request that the community
8college or other approved provider conducting the course
9for drinking drivers which the person is ordered to attend
10or the treatment program to which the person is committed
11immediately report to the court when the person has received
12maximum benefit from the course for drinking drivers or
13treatment program or has recovered from the person’s addiction,
14dependency, or tendency to chronically abuse use alcohol or
15drugs.
16d. Upon successfully completing a course for drinking
17drivers or an ordered substance abuse use disorder treatment
18program, a court may place the person on probation for six
19months and as a condition of probation, the person shall
20attend a program providing posttreatment services relating to
21substance abuse use disorder as approved by the court.
22e. A person committed under this section who does not
23possess sufficient income or estate to make payment of the
24costs of the treatment in whole or in part shall be considered
25a state patient and the costs of treatment shall be paid as
26provided in section 125.44.
27f. A defendant who fails to carry out the order of the
28court shall be confined in the county jail for twenty days in
29addition to any other imprisonment ordered by the court or may
30be ordered to perform unpaid community service work, and shall
31be placed on probation for one year with a violation of this
32probation punishable as contempt of court.
33g. In addition to any other condition of probation, the
34person shall attend a program providing substance abuse use
35disorder prevention services or posttreatment services related
-772-1to substance abuse use disorder as ordered by the court. The
2person shall report to the person’s probation officer as
3ordered concerning proof of attendance at the treatment program
4or posttreatment program ordered by the court. Failure to
5attend or complete the program shall be considered a violation
6of probation and is punishable as contempt of court.
72. a. Upon a second or subsequent offense in violation of
8section 321J.2, the court upon hearing may commit the defendant
9for inpatient treatment of alcoholism or drug addiction
10or dependency to any hospital, institution, or community
11correctional facility in Iowa providing such treatment. The
12time for which the defendant is committed for treatment shall
13be credited against the defendant’s sentence.
14b. The court may prescribe the length of time for the
15evaluation and treatment or it may request that the hospital
16to which the person is committed immediately report to the
17court when the person has received maximum benefit from the
18program of the hospital or institution or has recovered from
19the person’s addiction, dependency, or tendency to chronically
20abuse use alcohol or drugs.
21c. A person committed under this section who does not
22possess sufficient income or estate to make payment of the
23costs of the treatment in whole or in part shall be considered
24a state patient and the costs of treatment shall be paid as
25provided in section 125.44.
263. The state department of transportation, in cooperation
27with the judicial branch, shall adopt rules, pursuant to the
28procedure in section 125.33, regarding the assignment of
29persons ordered under section 321J.17 to submit to substance
30abuse use disorder evaluation and treatment. The rules shall
31be applicable only to persons other than those committed to
32the custody of the director of the department of corrections
33under section 321J.2. The rules shall be consistent with the
34practices and procedures of the judicial branch in sentencing
35persons to substance abuse use disorder evaluation and
-773-1treatment under section 321J.2. The rules shall include the
2requirement that the treatment programs utilized by a person
3pursuant to an order of the department of transportation meet
4the licensure standards of the department of public health
5and human services for substance abuse use disorder treatment
6programs under chapter 125. The rules shall also include
7provisions for payment of costs by the offenders, including
8insurance reimbursement on behalf of offenders, or other forms
9of funding, and shall also address reporting requirements of
10the facility, consistent with the provisions of sections 125.84
11and 125.86. The department of transportation shall be entitled
12to treatment information contained in reports to the department
13of transportation, notwithstanding any provision of chapter 125
14that would restrict department access to treatment information
15and records.
16 Sec. 1120. Section 321J.17, subsection 2, paragraph b, Code
172023, is amended to read as follows:
18b. The court or department may request that the community
19college or substance abuse use disorder treatment providers
20licensed under chapter 125 or other approved provider
21conducting the course for drinking drivers that the person is
22ordered to attend immediately report to the court or department
23that the person has successfully completed the course for
24drinking drivers. The court or department may request that the
25treatment program which the person attends periodically report
26on the defendant’s attendance and participation in the program,
27as well as the status of treatment or rehabilitation.
28 Sec. 1121. Section 321J.22, subsections 2, 4, and 5, Code
292023, are amended to read as follows:
302. a. The course provided according to this section shall
31be offered on a regular basis at each community college as
32defined in section 260C.2, or by substance abuse use disorder
33 treatment programs licensed under chapter 125, or may be
34offered at a state correctional facility listed in section
35904.102. However, a community college shall not be required to
-774-1offer the course if a substance abuse use disorder treatment
2program licensed under chapter 125 offers the course within the
3merged area served by the community college.
4b. Enrollment in the courses is not limited to persons
5ordered to enroll, attend, and successfully complete the
6course required under sections 321J.2 and 321J.17, subsection
72. However, any person under age eighteen who is required to
8attend the courses for violation of section 321J.2 or 321J.17
9must attend a course offered by a substance abuse use disorder
10 treatment program licensed under chapter 125.
11c. The course required by this section shall be:
12(1) Taught by a community college under the supervision
13of the department of education or by a substance abuse use
14disorder treatment program licensed under chapter 125, and may
15be offered at a state correctional facility.
16(2) Approved by the department of education, in
17consultation with the community colleges, substance abuse
18 use disorder treatment programs licensed under chapter 125,
19the department of public health and human services, and the
20department of corrections.
21d. The department of education may approve a provider of
22a course for drinking drivers offered outside this state upon
23proof to the department’s satisfaction that the course is
24comparable to those offered by community colleges, substance
25abuse use disorder treatment programs licensed under chapter
26125, and state correctional facilities as provided in this
27section. The department shall comply with the requirements of
28subsection 5 regarding such approved providers.
29e. The department of education shall establish reasonable
30fees to defray the expense of obtaining classroom space,
31instructor salaries, and class materials for courses offered
32both by community colleges and by substance abuse use
33disorder treatment programs licensed under chapter 125, or
34for classes offered at a state correctional facility, and
35for administrative expenses incurred by the department of
-775-1education in implementing subsection 5 on behalf of in-state
2and out-of-state offenders.
3f. A person shall not be denied enrollment in a course by
4reason of the person’s indigency.
54. The department of education, substance abuse use
6disorder treatment programs licensed under chapter 125,
7and state correctional facilities shall prepare for their
8respective courses a list of the locations of the courses
9taught under this section, the dates and times taught, the
10procedure for enrollment, and the schedule of course fees. The
11list shall be kept current and a copy of the list shall be sent
12to each court having jurisdiction over offenses provided in
13this chapter.
145. The department of education, substance abuse use
15disorder treatment programs licensed under chapter 125, and
16state correctional facilities shall maintain enrollment,
17attendance, successful and nonsuccessful completion data for
18their respective courses on the persons ordered to enroll,
19attend, and successfully complete a course for drinking
20drivers. This data shall be forwarded to the court by the
21department of education, substance abuse use disorder treatment
22programs licensed under chapter 125, and the department of
23corrections.
24 Sec. 1122. Section 321J.23, subsection 5, Code 2023, is
25amended to read as follows:
265. The reality education substance abuse use disorder
27 prevention program provides guidelines for the operation of an
28intensive program to discourage recidivism.
29 Sec. 1123. Section 321J.24, subsection 1, paragraphs b and
30c, Code 2023, are amended to read as follows:
31b. “Participant” means a person who is ordered by the court
32to participate in the reality education substance abuse use
33disorder prevention program.
34c. “Program” means the reality education substance abuse use
35disorder prevention program.
-776-1 Sec. 1124. Section 321J.24, subsection 2, Code 2023, is
2amended to read as follows:
32. A reality education substance abuse use disorder
4 prevention program is established in those judicial
5districts where the chief judge of the judicial district
6authorizes participation in the program. Upon a conviction
7or adjudication for a violation of section 321J.2, or the
8entry of a deferred judgment concerning a violation of section
9321J.2, the court or juvenile court may order participation in
10the reality education substance abuse use disorder prevention
11program as a term and condition of probation or disposition
12in addition to any other term or condition of probation or
13disposition required or authorized by law. The court or
14juvenile court shall require the defendant or delinquent child
15to abstain from consuming any controlled substance, alcoholic
16liquor, wine, or beer while participating in the program.
17 Sec. 1125. Section 321J.24, subsection 5, paragraph a,
18subparagraph (2), Code 2023, is amended to read as follows:
19(2) A facility for the treatment of persons with
20substance-related disorders a substance use disorder as defined
21in section 125.2, under the supervision of appropriately
22licensed medical personnel.
23 Sec. 1126. Section 321J.25, Code 2023, is amended to read
24as follows:
25321J.25 Youthful offender substance abuse use disorder
26 awareness program.
271. As used in this section, unless the context otherwise
28requires:
29a. “Participant” means a person whose driver’s license or
30operating privilege has been revoked for a violation of section
31321J.2A.
32b. “Program” means a substance abuse use disorder awareness
33program provided under a contract entered into between the
34provider and the Iowa department of public health and human
35services under chapter 125.
-777- 1c. “Program coordinator” means a person assigned the duty
2to coordinate a participant’s activities in a program by the
3program provider.
42. A substance abuse use disorder awareness program is
5established in each of the regions established by the director
6of public health and human services pursuant to section
7125.12. The program shall consist of an insight class and
8a substance abuse use disorder evaluation, which shall be
9attended by the participant, to discuss issues related to the
10potential consequences of substance abuse use disorder. The
11parent or parents of the participant shall also be encouraged
12to participate in the program. The program provider shall
13consult with the participant or the parents of the participant
14in the program to determine the timing and appropriate level
15of participation for the participant and any participation by
16the participant’s parents. The program may also include a
17supervised educational tour by the participant to any or all
18of the following:
19a. A hospital or other emergency medical care facility
20which regularly receives victims of motor vehicle accidents,
21to observe treatment of appropriate victims of motor vehicle
22accidents involving intoxicated drivers, under the supervision
23of a registered nurse, physician, paramedic, or emergency
24medical technician.
25b. A facility for the treatment of persons with
26substance-related disorders a substance use disorder as defined
27in section 125.2, under the supervision of appropriately
28licensed medical personnel.
29c. If approved by the state or county medical examiner, a
30morgue or a similar facility to receive appropriate educational
31material and instruction concerning damage caused by the
32consumption of alcohol or other drugs, under the supervision of
33the county medical examiner or deputy medical examiner.
343. If the program includes a tour, the program coordinator
35shall explain and discuss the experiences which may be
-778-1encountered during the tour to the participant. If the program
2coordinator determines at any time before or during a tour that
3the tour may be traumatic or otherwise inappropriate for the
4participant, the program coordinator shall terminate the tour
5without prejudice to the participant.
64. Upon the revocation of the driver’s license or operating
7privileges of a person who is fourteen years of age or older
8for a violation of section 321J.2A, if the person has had no
9previous revocations under either section 321J.2 or section
10321J.2A, a person may participate in the substance abuse
11 use disorder awareness program. The state department of
12transportation shall notify a potential program participant
13of the possibility and potential benefits of attending a
14program and shall notify a potential program participant of the
15availability of programs which exist in the area in which the
16person resides. The state department of transportation shall
17consult with the Iowa department of public health and human
18services to determine what programs are available in various
19areas of the state.
205. Program providers and facilities toured during the
21program are not liable for any civil damages resulting from
22injury to the participant, or civil damages caused by the
23participant during or from any activities related to a tour,
24except for willful or grossly negligent acts intended to, or
25reasonably expected to result in, such injury or damage.
266. The program provider shall determine fees to be paid by
27participants in the program. The program fees shall be paid on
28a sliding scale, based upon the ability of a participant and a
29participant’s family to pay the fees, and shall not exceed one
30hundred dollars per participant. The program provider shall
31use the fees to pay all costs associated with the program.
32 Sec. 1127. Section 324A.1, subsection 6, Code 2023, is
33amended to read as follows:
346. “Transportation” means the movement of individuals
35in a four or more wheeled motorized vehicle designed to
-779-1carry passengers, including a car, van, or bus, between one
2geographic point and another geographic point. “Transportation”
3does not include emergency or incidental transportation or
4transportation conducted by the department of health and human
5services at its institutions.
6 Sec. 1128. Section 324A.4, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. Upon request, the department shall provide assistance
9to political subdivisions, state agencies, and organizations
10affected by this chapter for federal aid applications for urban
11and rural transit system program aid. The department, in
12cooperation with the regional planning agencies, shall maintain
13current information reflecting the amount of federal, state,
14and local aid received by the public and private nonprofit
15organizations providing public transit services and the purpose
16for which the aid is received. The department shall biennially
17prepare a report to be submitted to the general assembly and
18the governor prior to December 15 of even-numbered years. The
19report shall recommend methods to increase transportation
20coordination and improve the efficiency of federal, state,
21and local government programs used to finance public transit
22services and may address other topics as appropriate. The
23department of health and human services, the department on
24aging, and the officers and agents of the other affected state
25and local government units shall provide input as requested by
26the department.
27 Sec. 1129. Section 324A.5, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29The department of health and human services, department on
30aging, and the officers and agents of other state and local
31governmental units shall assist the department in carrying out
32section 324A.4, subsections 1 and 2, insofar as the functions
33of these respective officers and departments are concerned
34with the health, welfare and safety of any recipient of
35transportation services.
-780-1 Sec. 1130. Section 331.321, subsection 1, paragraph f, Code
22023, is amended to read as follows:
3f. The members of the service area advisory board in
4accordance with section 217.43.
5 Sec. 1131. Section 331.323, subsection 1, paragraph a,
6subparagraph (9), Code 2023, is amended to read as follows:
7(9) Executive officer of the service area advisory board in
8accordance with section 217.43.
9 Sec. 1132. Section 331.382, subsections 3 and 6, Code 2023,
10are amended to read as follows:
113. The power to legislate in regard to chemical substance
12abuse use is subject to section 125.40.
136. The power to operate juvenile detention and shelter care
14homes is subject to approval of the homes by the director of
15the department of health and human services or the director’s
16designee, as provided in section 232.142.
17 Sec. 1133. Section 331.388, Code 2023, is amended to read
18as follows:
19331.388 Definitions.
20As used in this part, unless the context otherwise requires:
211. “Children’s behavioral health services” means the same as
22defined in section 225C.2.
232. “Department” means the department of health and human
24services.
253. “Director” means the director of health and human
26services.
273. 4. “Disability services” means the same as defined in
28section 225C.2.
294. 5. “Population” means, as of July 1 of the fiscal year
30preceding the fiscal year in which the population figure is
31applied, the population shown by the latest preceding certified
32federal census or the latest applicable population estimate
33issued by the United States census bureau, whichever is most
34recent.
355. 6. “Regional administrator” means the administrative
-781-1office, organization, or entity formed by agreement of the
2counties participating in a region to function on behalf of
3those counties in accordance with this part.
46. 7. “Serious emotional disturbance” means the same as
5defined in section 225C.2.
67. 8. “State board” means the children’s system state board
7created in section 225C.51.
88. 9. “State commission” means the mental health and
9disability services commission created in section 225C.5.
10 Sec. 1134. Section 331.389, subsections 1 and 2, Code 2023,
11are amended to read as follows:
121. Local access to mental health and disability services
13shall be provided by a regional service system comprised of
14mental health and disability services regions approved by the
15director of the department. It is the intent of the general
16assembly that the residents of this state should have access to
17needed mental health and disability services regardless of the
18location of their residence.
192. The director of human services shall approve a region
20meeting the requirements of subsection 3.
21 Sec. 1135. Section 331.390, subsection 2, paragraph c, Code
222023, is amended to read as follows:
23c. The membership of the governing board shall not include
24employees of the department of human services or a nonelected
25employee of a county.
26 Sec. 1136. Section 331.391, subsection 4, paragraph b, Code
272023, is amended to read as follows:
28b. Each region shall certify to the department of human
29services on or before December 1, 2021, and each December 1
30thereafter, the amount of the region’s cash flow amount in
31the combined account at the conclusion of the most recently
32completed fiscal year.
33 Sec. 1137. Section 331.393, subsection 2, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35Each region shall submit to the department an annual
-782-1service and budget plan approved by the region’s governing
2board and subject to approval by the director of human
3services. Provisions for approval by the director of human
4services’ approval of the annual service and budget plan,
5and any amendments to the plan, and other requirements shall
6be specified in rule adopted by the state commission. The
7provisions addressed in the annual plan shall include but are
8not limited to all of the following:
9 Sec. 1138. Section 331.393, subsection 4, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11The region shall have in effect a policies and procedures
12manual for the regional service system. The manual shall be
13approved by the region’s governing board and is subject to
14approval by the director of human services. An approved manual
15shall remain in effect subject to amendment. An amendment
16to the manual shall be submitted to the department at least
17forty-five days prior to the date of implementation of the
18amendment. Prior to implementation of an amendment to the
19manual, the amendment must be approved by the director of human
20services in consultation with the state commission. The manual
21shall include but is not limited to all of the following:
22 Sec. 1139. Section 331.393, subsections 5 and 8, Code 2023,
23are amended to read as follows:
245. The provisions of a regional service system management
25plan shall include measures to address the needs of persons
26who have two or more co-occurring mental health, intellectual
27or other developmental disability, brain injury, or
28substance-related substance use disorders and individuals with
29specialized needs. Implementation of measures to meet the
30needs of persons with a developmental disability other than
31intellectual disability, brain injury, or substance-related
32disorders a substance use disorder is contingent upon
33identification of a funding source to meet those needs and
34implementation of provisions to engage the entity under
35contract with the state to provide services to address
-783-1substance-related substance use disorders within the regional
2service system.
38. If a region determines that the region cannot provide
4services for the fiscal year in accordance with the regional
5plan and remain in compliance with applicable budgeting
6requirements, the region may implement a waiting list for
7the services. The procedures for establishing and applying
8a waiting list shall be specified in the regional plan. If
9a region implements a waiting list for services, the region
10shall notify the department of human services. The department
11shall maintain on the department’s internet site an up-to-date
12listing of the regions that have implemented a waiting list and
13the services affected by each waiting list.
14 Sec. 1140. Section 331.394, subsection 1, paragraph a, Code
152023, is amended to read as follows:
16a. “County of residence” means the county in this state in
17which, at the time a person applies for or receives services,
18the person is living and has established an ongoing presence
19with the declared, good faith intention of living in the
20county for a permanent or indefinite period of time. The
21county of residence of a person who is a homeless person is
22the county where the homeless person usually sleeps. A person
23maintains residency in the county or state in which the person
24last resided while the person is present in another county or
25this state receiving services in a hospital, a correctional
26facility, a halfway house for community-based corrections or
27substance-related substance use disorder treatment, a nursing
28facility, an intermediate care facility for persons with an
29intellectual disability, or a residential care facility, or for
30the purpose of attending a college or university.
31 Sec. 1141. Section 331.394, subsection 3, Code 2023, is
32amended to read as follows:
333. If a service authorization or other services-related
34decision made by a regional administrator concerning a person
35varies from the type and amount of service identified to be
-784-1necessary for the person in a clinical determination made by a
2mental health professional and the mental health professional
3believes that failure to provide the type and amount of service
4identified could cause an immediate danger to the person’s
5health or safety, the person may request an expedited review
6of the regional administrator’s decision to be made by the
7department of human services. An expedited review held in
8accordance with this subsection is subject to the following
9procedures:
10a. The request for the expedited review shall be filed
11within five business days of receiving the notice of decision
12by the regional administrator. The request must be in writing,
13plainly state the request for an expedited review in the
14caption and body of the request, and be supported by written
15documentation from the mental health professional who made the
16clinical determination stating how the notice of decision on
17services could cause an immediate danger to the person’s health
18or safety.
19b. The expedited review shall be performed by a designee
20of the director who is a mental health professional, who is
21either the administrator of the division of mental health and
22disability services of the department of human services or the
23administrator’s designee. If the administrator is not a mental
24health professional, the expedited review shall be performed
25by a designee of the administrator who is a mental health
26professional and is free of any conflict of interest to perform
27the expedited review. The expedited review shall be performed
28within two business days of the time the request is filed. If
29the reviewer determines the information submitted in connection
30with the request is inadequate to perform the review, the
31reviewer shall request the submission of additional information
32and the review shall be performed within two business days of
33the time that adequate information is submitted. The regional
34administrator and the person, with the assistance of the mental
35health professional who made the clinical determination, shall
-785-1each provide a brief statement of facts, conclusions, and
2reasons for the decision made. Supporting clinical information
3shall also be attached. All information related to the
4proceedings and any related filings shall be considered to be
5mental health information subject to chapter 228.
6c. The administrator or director’s designee shall issue
7an order, including a brief statement of findings of fact,
8conclusions of law, and policy reasons for the order, to
9justify the decision made concerning the expedited review.
10If the decision concurs with the contention that there is an
11immediate danger to the person’s health or safety, the order
12shall identify the type and amount of service which shall be
13provided for the person. The administrator or director’s
14 designee shall give such notice as is practicable to persons
15who are required to comply with the order. The order is
16effective when issued.
17d. The decision of the administrator or director’s designee
18shall be considered a final agency action and is subject to
19judicial review in accordance with section 17A.19. The record
20for judicial review consists of any documents regarding the
21matter that were considered or prepared by the administrator or
22 director’s designee. The administrator or director’s designee
23shall maintain these documents as the official record of the
24decision. If the matter is appealed to the district court, the
25record shall be filed as confidential.
26 Sec. 1142. Section 331.396, subsection 1, paragraphs c and
27d, Code 2023, are amended to read as follows:
28c. The person has had at any time during the preceding
29twelve-month period a mental health, behavioral, or emotional
30disorder or, in the opinion of a mental health professional,
31may now have such a diagnosable disorder. The diagnosis
32shall be made in accordance with the criteria provided in
33the diagnostic and statistical manual of mental disorders,
34fourth edition, text revision, published by the American
35psychiatric association, and shall not include the manual’s
-786-1“V” codes identifying conditions other than a disease or
2injury. The diagnosis shall also not include substance-related
3 substance use disorders, dementia, antisocial personality, or
4developmental disabilities, unless co-occurring with another
5diagnosable mental illness.
6d. The person’s eligibility for individualized services
7shall be determined in accordance with the standardized
8functional assessment methodology approved for mental health
9services by the director of human services in consultation with
10the state commission.
11 Sec. 1143. Section 331.396, subsection 2, paragraph e, Code
122023, is amended to read as follows:
13e. The person’s eligibility for individualized services
14shall be determined in accordance with the standardized
15functional assessment methodology approved for intellectual
16disability and developmental disability services by the
17director of human services.
18 Sec. 1144. Section 331.396, subsection 3, paragraph d, Code
192023, is amended to read as follows:
20d. The person’s eligibility for individualized services
21shall be determined in accordance with a standardized
22functional assessment methodology approved for this purpose by
23the director of human services.
24 Sec. 1145. Section 331.397, subsection 2, paragraph a,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) Subject to the available appropriations, the director
27of human services shall ensure the core service domains listed
28in subsections 4 and 5 are covered services for the medical
29assistance program under chapter 249A to the greatest extent
30allowable under federal regulations. The medical assistance
31program shall reimburse Medicaid enrolled providers for
32Medicaid covered services under subsections 4 and 5 when
33the services are medically necessary, the Medicaid enrolled
34provider submits an appropriate claim for such services, and
35no other third-party payer is responsible for reimbursement of
-787-1such services. Within funds available, the region shall pay
2for such services for eligible persons when payment through the
3medical assistance program or another third-party payment is
4not available, unless the person is on a waiting list for such
5payment or it has been determined that the person does not meet
6the eligibility criteria for any such service.
7 Sec. 1146. Section 331.397, subsection 3, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9Pursuant to recommendations made by the director of human
10services, the state commission shall adopt rules as required
11by section 225C.6 to define the services included in the core
12service domains listed in this section. The rules shall
13provide service definitions, service provider standards,
14service access standards, and service implementation dates, and
15shall provide consistency, to the extent possible, with similar
16service definitions under the medical assistance program.
17 Sec. 1147. Section 331.397A, subsection 2, paragraph a,
18subparagraph (2), Code 2023, is amended to read as follows:
19(2) Subject to the available appropriations, the director
20of human services shall ensure the behavioral health core
21service domains listed in subsection 4 are covered services
22for the medical assistance program under chapter 249A to the
23greatest extent allowable under federal regulations. The
24medical assistance program shall reimburse Medicaid enrolled
25providers for Medicaid covered services under subsection 4 when
26the services are medically necessary, the Medicaid enrolled
27provider submits an appropriate claim for such services, and
28no other third-party payor is responsible for reimbursement
29of such services. Within the funds available, the region
30shall pay for such services for eligible children when payment
31through the medical assistance program or another third-party
32payment is not available, unless the child is on a waiting list
33for such payment or it has been determined that the child does
34not meet the eligibility criteria for any such service.
35 Sec. 1148. Section 331.397A, subsection 3, Code 2023, is
-788-1amended to read as follows:
23. Pursuant to recommendations made by the state board, the
3department of human services shall adopt rules to define the
4services included in the core domains listed in this section.
5The rules shall provide service definitions, service provider
6standards, service access standards, and service implementation
7dates, and shall provide consistency, to the extent possible,
8with similar service definitions under the medical assistance
9program.
10 Sec. 1149. Section 331.398, subsection 1, Code 2023, is
11amended to read as follows:
121. The financing of a regional mental health and disability
13services regional service system is limited to a fixed budget
14amount. The fixed budget amount shall be the amount identified
15in a regional service system management plan and budget for the
16fiscal year.
17 Sec. 1150. Section 331.402, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. Enter into an agreement with the state department of
20health and human services for assistance in accordance with
21section 249A.12.
22 Sec. 1151. Section 331.424, subsection 1, paragraph
23a, subparagraph (1), subparagraph division (a), unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25The costs of inpatient or outpatient substance abuse use
26disorder admission, commitment, transportation, care, and
27treatment at any of the following:
28 Sec. 1152. Section 331.756, subsections 26 and 39, Code
292023, are amended to read as follows:
3026. At the request of the director of public health and
31human services, commence legal action to enjoin the unlawful
32use of radiation-emitting equipment as provided in section
33136C.5.
3439. Appear on behalf of the administrator of the division
35of mental health and disability services director of the
-789-1department of health and human services in support of an
2application to transfer a person with mental illness who
3becomes incorrigible and dangerous from a state hospital for
4persons with mental illness mental health institute to the
5Iowa medical and classification center as provided in section
6226.30.
7 Sec. 1153. Section 331.910, Code 2023, is amended to read
8as follows:
9331.910 Interstate contracts for mental health and
10substance-related substance use disorder treatment.
111. Purpose. The purpose of this section is to enable
12appropriate care and treatment to be provided to a person with
13a substance-related substance use disorder or a mental illness,
14across state lines from the person’s state of residence, in
15qualified hospitals, centers, and facilities.
162. Definitions. For the purposes of this section:
17a. “Bordering state” means Illinois, Minnesota, Missouri,
18Nebraska, South Dakota, or Wisconsin.
19b. “Receiving agency” means a public or private hospital,
20mental health center, substance abuse use disorder treatment
21and rehabilitation facility, or detoxification center, which
22provides substance abuse use disorder or mental health care
23and treatment to a person from a state other than the state in
24which a hospital, center, or facility is located.
25c. “Receiving state” means the state in which a receiving
26agency is located.
27d. “Region” means a mental health and disability services
28region formed in accordance with section 331.389.
29e. “Sending agency” means a state or regional agency
30located in a state which sends a person to a receiving state
31for substance abuse use disorder or mental health care and
32treatment under this section.
33f. “Sending state” means the state in which a sending agency
34is located.
353. Voluntary civil commitments.
-790- 1a. A region may contract with a receiving agency in a
2bordering state to secure substance abuse use disorder or
3mental health care and treatment under this subsection for
4persons who receive substance abuse use disorder or mental
5health care and treatment pursuant to section 125.33, 125.91,
6229.2, or 229.22 through a region.
7b. This subsection shall not apply to a person who is any
8of the following:
9(1) Serving a criminal sentence.
10(2) On probation or parole.
11(3) The subject of a presentence investigation.
12c. A region may contract with a sending agency in a
13bordering state to provide care and treatment under this
14subsection for residents of the bordering state in approved
15substance abuse use disorder and mental health care and
16treatment hospitals, centers, and facilities in this state,
17except that care and treatment shall not be provided for
18residents of the bordering state who are involved in criminal
19proceedings substantially similar to the involvement described
20in paragraph “b”.
214. Involuntary civil commitments.
22a. A person who is detained, committed, or placed on an
23involuntary basis under section 125.75, 125.91, 229.6, or
24229.22 may be civilly committed and treated in another state
25pursuant to a contract under this subsection.
26b. A person who is detained, committed, or placed on
27an involuntary basis under the civil commitment laws of a
28bordering state substantially similar to section 125.75,
29125.91, 229.6, or 229.22 may be civilly committed and treated
30in this state pursuant to a contract under this subsection.
31c. A law enforcement officer acting under the authority of a
32sending state may transport a person to a receiving agency that
33provides substance abuse use disorder or mental health care and
34treatment pursuant to a contract under this subsection and may
35transport the person back to the sending state under the laws
-791-1of the sending state.
2d. Court orders valid under the law of the sending state
3are granted recognition and reciprocity in the receiving state
4for a person covered by a contract under this subsection to
5the extent that the court orders relate to civil commitment
6for substance abuse use disorder or mental health care and
7treatment. Such care and treatment may include care and
8treatment for co-occurring substance-related substance use and
9mental health disorders. Such court orders are not subject to
10legal challenge in the courts of the receiving state.
11e. A person who is detained, committed, or placed under the
12laws of a sending state and who is transferred to a receiving
13state under this subsection shall be considered to be in the
14legal custody of the authority responsible for the person under
15the laws of the sending state with respect to the involuntary
16civil commitment of the person due to a mental illness or a
17substance-related substance use disorder.
18f. While in the receiving state pursuant to a contract
19under this subsection, a person detained, committed, or placed
20under the laws of a sending state shall be subject to all laws
21and regulations of the receiving state, except those laws and
22regulations with respect to the involuntary civil commitment
23of the person due to a mental illness or substance-related
24 substance use disorder. A person shall not be sent to a
25receiving state pursuant to a contract under this subsection
26until the receiving state has enacted a law recognizing the
27validity and applicability of this subsection.
28g. If a person receiving care and treatment pursuant to
29a contract under this subsection escapes from the receiving
30agency and the person at the time of the escape is subject to
31involuntary civil commitment under the laws of the sending
32state, the receiving agency shall use all reasonable means to
33recapture the escapee. The receiving agency shall immediately
34report the escape of the person to the sending agency. The
35receiving state has the primary responsibility for, and the
-792-1authority to direct, the pursuit, retaking, and prosecution of
2escaped persons within its borders and is liable for the cost
3of such action to the extent that it would be liable for costs
4if its own resident escaped.
5h. Responsibility for payment for the cost of care and
6treatment under this subsection shall remain with the sending
7agency.
85. A contract entered into under this section shall, at a
9minimum, meet all of the following requirements:
10a. Describe the care and treatment to be provided.
11b. Establish responsibility for the costs of the care and
12treatment, except as otherwise provided in subsection 4.
13c. Establish responsibility for the costs of transporting
14individuals receiving care and treatment under this section.
15d. Specify the duration of the contract.
16e. Specify the means of terminating the contract.
17f. Identify the goals to be accomplished by the placement
18of a person under this section.
196. This section shall apply to all of the following:
20a. Detoxification services that are unrelated to substance
21abuse use disorder or mental health care and treatment
22regardless of whether the care and treatment are provided on a
23voluntary or involuntary basis.
24b. Substance abuse use disorder and mental health care and
25treatment contracts that include emergency care and treatment
26provided to a resident of this state in a bordering state.
27 Sec. 1154. Section 347.7, subsection 4, paragraph a, Code
282023, is amended to read as follows:
29a. The tax levy authorized by this section for operation
30and maintenance of the hospital may be available in whole or in
31part to any county with or without a county hospital organized
32under this chapter, to be used to enhance rural health services
33in the county. However, the tax levied may be expended for
34enhancement of rural health care services only following a
35local planning process. The Iowa department of public health
-793- 1and human services shall establish guidelines to be followed
2by counties in implementing the local planning process which
3shall require legal notice, public hearings, and a referendum
4in accordance with this subsection prior to the authorization
5of any new levy or a change in the use of a levy. The notice
6shall describe the new levy or the change in the use of the
7levy, indicate the date and location of the hearing, and shall
8be published at least once each week for two consecutive weeks
9in a newspaper having general circulation in the county. The
10hearing shall not take place prior to two weeks after the
11second publication.
12 Sec. 1155. Section 347.16, subsection 2, Code 2023, is
13amended to read as follows:
142. Free care and treatment shall be furnished in a county
15public hospital to any sick or injured person who fulfills
16the residency requirements under section 47.4, subsection
171, paragraph “d”, Code 1993, in the county maintaining the
18hospital, and who is indigent. The board of hospital trustees
19shall determine whether a person is indigent and entitled
20to free care under this subsection, or may delegate that
21determination to the general assistance director or the office
22of the department of health and human services in that county,
23subject to guidelines the board may adopt in conformity with
24applicable statutes.
25 Sec. 1156. Section 347B.14, Code 2023, is amended to read
26as follows:
27347B.14 Effect of approval of plans.
28When plans for construction or modification of a county care
29facility have been properly approved by the Iowa department of
30public health and human services or other appropriate state
31agency, the facility constructed in accord with the plans so
32approved shall not for a period of at least ten years from
33completion of the construction or modification be considered
34deficient or ineligible for licensing by reason of failure
35to meet any regulation or standard established subsequent to
-794-1approval of the construction and modification plans, unless a
2clear and present danger exists that would adversely affect the
3residents of the facility.
4 Sec. 1157. Section 351.40, Code 2023, is amended to read as
5follows:
6351.40 Quarantine.
7If a local board of health believes rabies to be epidemic, or
8believes there is a threat of epidemic, in its jurisdiction,
9it may declare a quarantine in all or part of the area under
10its jurisdiction and such declaration shall be reported to the
11Iowa department of public health and human services. During
12the period of quarantine, any person owning or having a dog in
13the person’s possession in the quarantined area shall keep such
14animal securely enclosed or on a leash for the duration of the
15quarantine period.
16 Sec. 1158. Section 356.37, Code 2023, is amended to read as
17follows:
18356.37 Confinement and detention report — design proposals.
19The division of subunit of the department of health and
20human services responsible for criminal and juvenile justice
21planning of the department of human rights, in consultation
22with the department of corrections, the Iowa county attorneys
23association, the Iowa state sheriff’s association, the
24Iowa peace officers association, a statewide organization
25representing rural property taxpayers, the Iowa league of
26cities, and the Iowa board of supervisors association, shall
27prepare a report analyzing the confinement and detention
28needs of jails and facilities established pursuant to this
29chapter and chapter 356A. The report for each type of jail or
30facility shall include but is not limited to an inventory of
31prisoner space, daily prisoner counts, options for detention
32of prisoners with mental illness or substance abuse use
33disorder service needs, and the compliance status under section
34356.36 for each jail or facility. The report shall contain an
35inventory of recent jail or facility construction projects in
-795-1which voters have approved the issuance of general obligation
2bonds, essential county purpose bonds, revenue bonds, or bonds
3issued pursuant to chapter 423B. The report shall be revised
4periodically as directed by the administrator of the division
5of criminal and juvenile justice planning director of health
6and human services. The first submission of the report shall
7include recommendations on offender data needed to estimate
8jail space needs in the next two, three, and five years, on a
9county, geographic region, and statewide basis, which may be
10based upon information submitted pursuant to section 356.49.
11 Sec. 1159. Section 356.48, subsection 1, Code 2023, is
12amended to read as follows:
131. A person confined to a jail or in the custody of a peace
14officer, who bites another person, who causes an exchange of
15bodily fluids with another person, or who causes any bodily
16secretion to be cast upon another person, shall submit to the
17withdrawal of a bodily specimen for testing to determine if
18the person is infected with a contagious or infectious disease
19as defined in section 141A.2. The bodily specimen to be taken
20shall be determined by the attending physician of the jail
21or the county medical examiner. The specimen taken shall be
22sent to the state hygienic laboratory at the state university
23at Iowa City or some other laboratory approved by the Iowa
24 department of public health and human services. If a person
25to be tested pursuant to this section refuses to submit to the
26withdrawal of a bodily specimen, the sheriff, person in charge
27of the jail, or any potentially infected person may file an
28application with the district court for an order compelling
29the person that may have caused an infection to submit to the
30withdrawal and, if infected, to receive available treatment.
31An order authorizing the withdrawal of a specimen for testing
32may be issued only by a district judge or district associate
33judge upon application by the sheriff, person in charge of the
34jail, or any other potentially infected person.
35 Sec. 1160. Section 358.24, subsection 3, Code 2023, is
-796-1amended to read as follows:
23. A sanitary district adjoining a border of the state and
3owning and operating a sewage disposal plant, may contract with
4the governing body of any legal entity in an adjacent area
5in another state, to process the sewage from the area. The
6contract shall be subject to approval of the Iowa department of
7public health and human services.
8 Sec. 1161. Section 364.3, subsection 5, Code 2023, is
9amended to read as follows:
105. A city shall not adopt or enforce any ordinance imposing
11any registration or licensing system or registration or license
12fees for or relating to owner-occupied manufactured or mobile
13homes including the lots, lands, or manufactured home community
14or mobile home park upon or in which they are located. A
15city shall not adopt or enforce any ordinance imposing any
16registration or licensing system, or registration or license
17fees, or safety or sanitary standards for rental manufactured
18or mobile homes unless a similar registration or licensing
19system, or registration or license fees, or safety or sanitary
20standards are required for other rental properties intended
21for human habitation. This subsection does not preclude the
22investigation and abatement of a nuisance or the enforcement of
23a tiedown system, or the enforcement of any regulations of the
24state council on health and human services or local board of
25health if those regulations apply to other rental properties or
26to owner-occupied housing intended for human habitation.
27 Sec. 1162. Section 403A.23, Code 2023, is amended to read
28as follows:
29403A.23 Eligibility of persons receiving public assistance.
30Any statute to the contrary notwithstanding, no person
31otherwise eligible to be a tenant in a municipal housing
32project, shall be declared ineligible therefor or denied
33occupancy therein in the municipal housing project merely
34because the person is receiving in some form public assistance
35such as including but not limited to federal supplemental
-797-1security income or state supplementary payments, assistance as
2defined by section 249.1, or welfare assistance, unemployment
3compensation, or social security payments, etc.
4 Sec. 1163. Section 411.6, subsection 16, paragraph c, Code
52023, is amended to read as follows:
6c. A member eligible to commence receiving a disability
7benefit on or after July 1, 2000, may be ineligible to receive
8a disability retirement benefit if the system determines that
9the member’s alcoholism or drug addiction was a contributing
10factor material to the determination of the member’s
11disability. Upon a determination that the member’s alcoholism
12or drug addiction was a contributing factor in the member’s
13disability, the system shall direct the member to undergo
14substance abuse use disorder treatment that the medical board
15determines is appropriate to treat the member’s alcoholism
16or drug addiction. After the end of a twenty-four-month
17period following the member’s first month of entitlement to a
18disability benefit, the system shall reevaluate the member’s
19disability. If the system determines that the member failed to
20comply with the treatment program prescribed by this paragraph
21and that the member would not be disabled but for the member’s
22alcoholism or drug addiction, the member’s entitlement to a
23disability benefit under this chapter shall terminate effective
24the first day of the first month following the month the member
25is notified of the system’s determination.
26 Sec. 1164. Section 421.17, subsections 20 and 21, Code 2023,
27are amended to read as follows:
2820. To cooperate with the child support recovery unit
29 services created in chapter 252B to establish and maintain
30a process to implement the provisions of section 252B.5,
31subsection 9. The department of revenue shall forward to
32individuals meeting the criteria under section 252B.5,
33subsection 9, paragraph “a”, a notice by first class mail that
34the individual is obligated to file a state estimated tax form
35and to remit a separate child support payment.
-798- 1a. Individuals notified shall submit a state estimated tax
2form on a quarterly basis.
3b. The individual shall pay monthly, the lesser of the total
4delinquency or one hundred fifty percent of the current or most
5recent monthly obligation.
6c. The individual shall remit the payment to the department
7of revenue separate from any tax liability payments, identify
8the payment as a support payment, and make the payment payable
9to the collection services center. The department shall
10forward all payments received pursuant to this section to the
11collection services center established pursuant to chapter
12252B, for processing and disbursement. The department of
13revenue may establish a process for the child support recovery
14unit services or the collection services center to directly
15receive the payments. For purposes of crediting the support
16payments pursuant to sections 252B.14 and 598.22, payments
17received by the department of revenue and forwarded to the
18collection services center shall be credited as if received
19directly by the collection services center.
20d. The notice shall provide that, as an alternative to the
21provisions of paragraph “b”, the individual may contact the
22 child support recovery unit services to formalize a repayment
23plan and obtain an exemption from the quarterly filing
24requirement when payments are made pursuant to the repayment
25plan or to contest the balance due listed in the notice.
26e. The department of revenue, in cooperation with the child
27support recovery unit services, may adopt rules, if necessary,
28to implement this subsection.
2921. To provide information contained in state individual
30tax returns to the child support recovery unit services
31 for the purposes of establishment or enforcement of support
32obligations. The department of revenue and child support
33recovery unit services may exchange information in a manual or
34automated fashion. The department of revenue, in cooperation
35with the child support recovery unit services, may adopt rules,
-799-1if necessary, to implement this subsection.
2 Sec. 1165. Section 422.7, subsection 42, paragraph a,
3subparagraph (6), Code 2023, is amended to read as follows:
4(6) Subtract to the extent included the amount of a
5recruitment and retention bonus, not to exceed one thousand
6dollars, received by a child care worker through the
7recruitment and retention bonus program administered by the
8department of health and human services.
9 Sec. 1166. Section 422.12A, subsection 1, paragraph a, Code
102023, is amended to read as follows:
11a. “Adoption” means the permanent placement in this state of
12a child by the department of health and human services, by an
13adoption service provider as defined in section 600A.2, or by
14an agency that meets the provisions of the interstate compact
15in section 232.158.
16 Sec. 1167. Section 422.12A, subsection 5, Code 2023, is
17amended to read as follows:
185. The department of revenue and the department of health
19and human services shall each adopt rules to jointly administer
20this section.
21 Sec. 1168. Section 422.12K, subsection 3, Code 2023, is
22amended to read as follows:
233. The department of health and human services may authorize
24payment of moneys from the child abuse prevention program fund
25in accordance with section 235A.2.
26 Sec. 1169. Section 422D.6, subsection 3, paragraph b, Code
272023, is amended to read as follows:
28b. Nondisposable essential ambulance equipment, as defined
29by rule by the Iowa department of public health and human
30services.
31 Sec. 1170. Section 423.3, subsection 18, paragraphs b, c, d,
32and g, Code 2023, are amended to read as follows:
33b. Residential facilities licensed by the department of
34health and human services pursuant to chapter 237, other than
35those maintained by individuals as defined in section 237.1,
-800-1subsection 7.
2c. Rehabilitation facilities that provide accredited
3rehabilitation services to persons with disabilities which are
4accredited by the commission on accreditation of rehabilitation
5facilities or the council on quality and leadership and adult
6day care services approved for reimbursement by the state
7 department of health and human services.
8d. Community mental health centers accredited by the
9department of health and human services pursuant to chapter
10225C.
11g. Substance abuse use disorder treatment or prevention
12programs that receive block grant funding from the Iowa
13 department of public health and human services.
14 Sec. 1171. Section 423.3, subsection 18, paragraph f,
15unnumbered paragraph 1, Code 2023, is amended to read as
16follows:
17Home and community-based services providers certified to
18offer Medicaid waiver services by the department of health and
19 human services that are any of the following:
20 Sec. 1172. Section 423.3, subsections 31 and 58, Code 2023,
21are amended to read as follows:
2231. a. The sales price of tangible personal property or
23specified digital products sold to and of services furnished
24to a tribal government as defined in section 216A.161, or the
25sales price of tangible personal property or specified digital
26products sold to and of services furnished, and used for public
27purposes sold to a tax-certifying or tax-levying body of the
28state or a governmental subdivision of the state, including the
29following: regional transit systems, as defined in section
30324A.1; the state board of regents; department of health
31and human services; state department of transportation; any
32municipally owned solid waste facility which sells all or part
33of its processed waste as fuel to a municipally owned public
34utility; and all divisions, boards, commissions, agencies,
35or instrumentalities of state, federal, county, municipal,
-801-1or tribal government which have no earnings going to the
2benefit of an equity investor or stockholder, except any of the
3following:
4a. (1) The sales price of tangible personal property or
5specified digital products sold to, or of services furnished,
6and used by or in connection with the operation of any
7municipally owned public utility engaged in selling gas,
8electricity, heat, pay television service, or communication
9service to the general public.
10b. (2) The sales price of furnishing of sewage services to
11a county or municipality on behalf of nonresidential commercial
12operations.
13c. (3) The furnishing of solid waste collection and
14disposal service to a county or municipality on behalf of
15nonresidential commercial operations located within the county
16or municipality.
17b. For the purposes of this subsection, “tribal government”
18 means the governing body of a federally recognized Indian
19tribe.
2058. The sales price from the sale of items purchased with
21coupons, food stamps, electronic benefits transfer cards a
22supplemental nutrition assistance program benefit transfer
23instrument as defined in section 234.13, or other methods
24 method of payment authorized by the United States department
25of agriculture, and issued under the federal Food Stamp Act of
261977, 7 U.S.C. §2011 et seq.or under the federal supplemental
27nutritional assistance program established in 7 U.S.C. §2013.
28 Sec. 1173. Section 423.4, subsection 1, paragraph a,
29subparagraphs (4) and (9), Code 2023, are amended to read as
30follows:
31(4) A tax-certifying or tax-levying body or governmental
32subdivision of the state, including the state board of regents,
33state the department of health and human services, and the
34 state department of transportation.
35(9) A tribal government as defined in section 216A.161,
-802-1and any instrumentalities of the tribal government which do
2not have earnings going to the benefit of an equity investor
3or stockholder. For the purposes of this subparagraph, “tribal
4government” means the governing body of a federally recognized
5Indian tribe.
6 Sec. 1174. Section 425.2, subsection 3, Code 2023, is
7amended to read as follows:
83. In case the owner of the homestead is in active service
9in the armed forces of this state or of the United States,
10or is sixty-five years of age or older, or is disabled, the
11statement and designation may be signed and delivered by any
12member of the owner’s family, by the owner’s guardian or
13conservator, or by any other person who may represent the owner
14under power of attorney. If the owner of the homestead is
15married, the spouse may sign and deliver the statement and
16designation. The director of health and human services or
17the director’s designee may make application for the benefits
18of this subchapter as the agent for and on behalf of persons
19receiving assistance under chapter 249.
20 Sec. 1175. Section 425.16, subsection 2, paragraph b, Code
212023, is amended to read as follows:
22b. The reimbursement of rent constituting property taxes
23paid under this subchapter shall be administered by the
24department of health and human services as provided in this
25subchapter.
26 Sec. 1176. Section 425.17, subsection 3, Code 2023, is
27amended to read as follows:
283. “Gross rent” means rental paid at arm’s length for the
29right of occupancy of a homestead or manufactured or mobile
30home, including rent for space occupied by a manufactured or
31mobile home not to exceed one acre. If the department of
32health and human services determines that the landlord and
33tenant have not dealt with each other at arm’s length, and the
34department of health and human services is satisfied that the
35gross rent charged was excessive, the department of health and
-803-1 human services shall adjust the gross rent to a reasonable
2amount as determined by the department of health and human
3services.
4 Sec. 1177. Section 425.18, Code 2023, is amended to read as
5follows:
6425.18 Right to file a claim.
7The right to file a claim for reimbursement or credit under
8this subchapter may be exercised by the claimant or on behalf
9of a claimant by the claimant’s legal guardian, spouse, or
10attorney, or by the executor or administrator of the claimant’s
11estate. If a claimant dies after having filed a claim for
12reimbursement for rent constituting property taxes paid, the
13amount of the reimbursement may be paid to another member of
14the household as determined by the department of health and
15 human services. If the claimant was the only member of the
16household, the reimbursement may be paid to the claimant’s
17executor or administrator, but if neither is appointed and
18qualified within one year from the date of the filing of
19the claim, the reimbursement shall escheat to the state. If
20a claimant dies after having filed a claim for credit for
21property taxes due, the amount of credit shall be paid as if
22the claimant had not died.
23 Sec. 1178. Section 425.19, Code 2023, is amended to read as
24follows:
25425.19 Claim and credit or reimbursement.
26Subject to the limitations provided in this subchapter, a
27claimant may annually claim a credit for property taxes due
28during the fiscal year next following the base year or claim
29a reimbursement for rent constituting property taxes paid in
30the base year. The amount of the credit for property taxes
31due for a homestead shall be paid on June 15 of each year
32from the elderly and disabled property tax credit fund under
33section 425.39, subsection 1, by the director of revenue to
34the county treasurer who shall credit the money received
35against the amount of the property taxes due and payable on the
-804-1homestead of the claimant and the amount of the reimbursement
2for rent constituting property taxes paid shall be paid by the
3director of health and human services to the claimant from the
4reimbursement fund under section 425.39, subsection 2, on or
5before December 31 of each year.
6 Sec. 1179. Section 425.20, subsections 1 and 3, Code 2023,
7are amended to read as follows:
81. A claim for reimbursement for rent constituting property
9taxes paid shall not be paid or allowed, unless the claim is
10filed with and in the possession of the department of health
11and human services on or before June 1 of the year following
12the base year.
133. In case of sickness, absence, or other disability of
14the claimant or if, in the judgment of the director of revenue
15or the director of health and human services, as applicable,
16good cause exists and the claimant requests an extension, the
17director of health and human services may extend the time for
18filing a claim for reimbursement and the director of revenue
19may extend the time for filing a claim for credit. However,
20any further time granted shall not extend beyond December 31
21of the year following the year in which the claim was required
22to be filed. Claims filed as a result of this subsection shall
23be filed with the director of health and human services or the
24director of revenue, as applicable, who shall provide for the
25reimbursement of the claim to the claimant.
26 Sec. 1180. Section 425.25, subsection 2, Code 2023, is
27amended to read as follows:
282. The director of health and human services shall make
29available suitable forms with instructions for claimants of the
30reimbursement for rent constituting property taxes paid. The
31claim shall be in a form as the director of health and human
32services may prescribe. The director of revenue shall devise a
33reimbursement table with amounts rounded to the nearest even
34whole dollar and provide such table to the director of health
35and human services. Reimbursements in the amount of less than
-805-1one dollar shall not be paid.
2 Sec. 1181. Section 425.26, subsection 2, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4Every claimant for reimbursement of rent constituting
5property taxes paid shall give the department of health and
6 human services, in support of the claim, reasonable proof of:
7 Sec. 1182. Section 425.26, subsection 3, Code 2023, is
8amended to read as follows:
93. The department of revenue or the department of health and
10 human services may require any additional proof necessary to
11support a claim.
12 Sec. 1183. Section 425.27, subsection 1, paragraph b, Code
132023, is amended to read as follows:
14b. The department of health and human services is
15responsible for the audit of claims for reimbursement for rent
16constituting property taxes paid under this subchapter.
17 Sec. 1184. Section 425.27, subsection 3, Code 2023, is
18amended to read as follows:
193. If on the audit of a claim for reimbursement for rent
20constituting property taxes paid under this subchapter, the
21department of health and human services determines the amount
22of the claim to have been incorrectly calculated or that the
23claim is not allowable, the department of health and human
24services shall recalculate the claim and notify the claimant
25of the recalculation or denial and the reasons for it. The
26recalculation of the claim shall be final unless appealed
27to the director of health and human services within thirty
28days from the date of notice of recalculation or denial. The
29director of health and human services shall grant a hearing,
30and upon hearing determine the correct claim, if any, and
31notify the claimant of the decision by mail. The department of
32health and human services shall not adjust a claim after three
33years from October 31 of the year in which the claim was filed.
34If the claim for reimbursement has been paid, the amount may be
35recovered by the department of health and human services. The
-806-1decision of the director of health and human services shall be
2final unless appealed as provided in section 425.31.
3 Sec. 1185. Section 425.27, subsection 4, paragraph b, Code
42023, is amended to read as follows:
5b. For the purpose of administering the reimbursement for
6rent constituting property taxes paid, including the duties of
7the director of health and human services and the department of
8health and human services under this subchapter, the director
9of health and human services shall have the same powers as
10those described in section 422.70.
11 Sec. 1186. Section 425.28, subsections 2, 3, and 4, Code
122023, are amended to read as follows:
132. A claimant for reimbursement of rent constituting
14property taxes paid shall expressly waive any right to
15confidentiality relating to all income tax information
16obtainable by the department of health and human services.
173. For the effective administration of this subchapter, the
18department of revenue and the department of health and human
19services shall share information obtained by each department
20from claimants under this subchapter.
214. In addition to the sharing of information under
22subsection 3, the department of health and human services may
23release information pertaining to a person’s eligibility or
24claim for or receipt of rent reimbursement to an employee of
25the department of inspections and appeals in the employee’s
26official conduct of an audit or investigation.
27 Sec. 1187. Section 425.29, subsection 3, Code 2023, is
28amended to read as follows:
293. In the case of a claim for reimbursement disallowed by
30the department of health and human services, the department of
31health and human services may impose penalties described in
32section 421.27. The department of health and human services
33shall send a notice of disallowance of the claim.
34 Sec. 1188. Section 425.31, subsections 2, 3, and 4, Code
352023, are amended to read as follows:
-807- 12. Judicial review of the actions of the director of health
2and human services or the department of health and human
3services under this subchapter may be sought in accordance with
4the terms of chapter 17A and the rules of the department of
5health and human services.
63. For cause and upon a showing by the director of revenue
7or the director of health and human services, as applicable,
8that collection of the amount in dispute is in doubt, the
9court may order the petitioner to file with the clerk a bond
10for the use of the respondent, with sureties approved by the
11clerk, equal to the amount appealed from, conditioned that the
12petitioner shall perform the orders of the court.
134. An appeal may be taken by the claimant or the director
14of revenue or the director of health and human services, as
15applicable, to the supreme court of this state irrespective of
16the amount involved.
17 Sec. 1189. Section 425.33, subsection 1, Code 2023, is
18amended to read as follows:
191. If upon petition by a claimant the department of health
20and human services determines that a landlord has increased the
21claimant’s rent primarily because the claimant is eligible for
22reimbursement under this subchapter, the department of health
23and human services shall request the landlord by mail to reduce
24the rent appropriately.
25 Sec. 1190. Section 425.33, subsection 2, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27In determining whether a landlord has increased a
28claimant’s rent primarily because the claimant is eligible for
29reimbursement under this subchapter, the department of health
30and human services shall consider the following factors:
31 Sec. 1191. Section 425.33, subsection 3, Code 2023, is
32amended to read as follows:
333. If the landlord fails to comply with the request of the
34department of health and human services within fifteen days
35after the request is mailed, the department of health and human
-808-1services shall order the rent reduced by an appropriate amount.
2 Sec. 1192. Section 425.34, subsection 1, Code 2023, is
3amended to read as follows:
41. If the department of health and human services orders a
5landlord to reduce rent to a claimant, then upon the request
6of the landlord the department of health and human services
7shall hold a prompt hearing of the matter, to be conducted in
8accordance with the rules of the department. The department of
9health and human services shall give notice of the decision by
10mail to the claimant and to the landlord.
11 Sec. 1193. Section 425.37, Code 2023, is amended to read as
12follows:
13425.37 Rules.
14The director of revenue and the director of health and human
15services shall each adopt rules in accordance with chapter
1617A for the interpretation and proper administration of this
17subchapter and each department’s applicable powers and duties
18under this subchapter, including rules to prevent and disallow
19duplication of benefits and to prevent any unreasonable
20hardship or advantage to any person.
21 Sec. 1194. Section 425.39, subsection 2, Code 2023, is
22amended to read as follows:
232. The elderly and disabled rent reimbursement fund is
24created. There is appropriated annually from the general fund
25of the state to the department of health and human services
26to be credited to the elderly and disabled rent reimbursement
27fund, from funds not otherwise appropriated, an amount
28sufficient to implement this subchapter for reimbursement for
29rent constituting property taxes paid for claimants described
30in section 425.17, subsection 2, paragraph “a”, subparagraph
31(1).
32 Sec. 1195. Section 425.40, Code 2023, is amended to read as
33follows:
34425.40 Low-income fund created.
351. A low-income tax credit and reimbursement fund is
-809-1created. Within the low-income tax credit and reimbursement
2fund, a rent reimbursement account is created under the control
3of the department of health and human services and a tax
4credit account is created under the control of the department
5of revenue. Amounts appropriated to the fund shall first be
6credited to the rent reimbursement account.
72. a. The director of health and human services shall use
8amounts credited to the rent reimbursement account for a fiscal
9year to pay all claims for reimbursement of rent constituting
10property taxes paid for claimants described in section 425.17,
11subsection 2, paragraph “a”, subparagraph (2). If the amount
12appropriated for purposes of this section for a fiscal year
13and credited to the rent reimbursement account is insufficient
14to pay all claims in full, the director of health and human
15services shall pay all such claims on a pro rata basis.
16b. If the amount appropriated for purposes of this section
17for a fiscal year and credited to the rent reimbursement
18account exceeds the amount necessary to pay in full all
19reimbursement claims for the fiscal year, the department of
20health and human services shall transfer such excess amount
21to the department of revenue for deposit in the tax credit
22account. The department of revenue shall use any amounts
23credited to the tax credit account for a fiscal year to pay to
24the counties all claims for credit for property taxes due for
25the fiscal year, or if such amount is insufficient, to pay to
26the counties all such claims on a pro rata basis.
273. In order for the director of revenue or the director
28of health and human services to carry out the requirements of
29 subsection 2, notwithstanding any provision to the contrary in
30this subchapter, claims for reimbursement for rent constituting
31property taxes paid filed before May 1 of the fiscal year
32shall be eligible to be paid in full during the fiscal year
33and those claims filed on or after May 1 of the fiscal year
34shall be eligible to be paid during the following fiscal year
35and the director of revenue is not required to make payments
-810-1to counties for the property tax credit before June 15 of the
2fiscal year.
3 Sec. 1196. Section 426B.1, Code 2023, is amended to read as
4follows:
5426B.1 Appropriations — property tax relief fund.
61. A property tax relief fund is created in the state
7treasury under the authority of the department of health
8and human services. The fund shall be separate from the
9general fund of the state and shall not be considered part
10of the general fund of the state except in determining the
11cash position of the state for payment of state obligations.
12The moneys in the fund are not subject to the provisions of
13section 8.33 and shall not be transferred, used, obligated,
14appropriated, or otherwise encumbered except as provided in
15this chapter. Moneys in the fund may be used for cash flow
16purposes, provided that any moneys so allocated are returned
17to the fund by the end of each fiscal year. However, the
18fund shall be considered a special account for the purposes
19of section 8.53, relating to elimination of any GAAP deficit.
20For the purposes of this chapter, unless the context otherwise
21requires, “property tax relief fund” means the property tax
22relief fund created in this section.
232. Moneys shall be distributed from the property tax relief
24fund to the mental health and disability services regional
25service system for mental health and disabilities disability
26 services, in accordance with the appropriations made to the
27fund and other statutory requirements.
28 Sec. 1197. Section 426B.2, Code 2023, is amended to read as
29follows:
30426B.2 Property tax relief fund payments.
31The director of health and human services shall draw
32warrants on the property tax relief fund, payable to
33the regional administrator in the amount due to a mental
34health and disability services region in accordance with
35statutory requirements, and mail the warrants to the regional
-811-1administrator in July and January of each year.
2 Sec. 1198. Section 426B.4, Code 2023, is amended to read as
3follows:
4426B.4 Rules.
5The mental health and disability services commission shall
6consult with regional administrators and the director of health
7and human services in prescribing forms and adopting rules
8pursuant to chapter 17A to administer this chapter.
9 Sec. 1199. Section 427.9, Code 2023, is amended to read as
10follows:
11427.9 Suspension of taxes, assessments, and rates or charges,
12including interest, fees, and costs.
13If a person is a recipient of federal supplementary security
14income or state supplementary assistance, as defined in
15section 249.1, or is a resident of a health care facility, as
16defined by section 135C.1, which is receiving payment from
17the department of health and human services for the person’s
18care, the person shall be deemed to be unable to contribute to
19the public revenue. The director of health and human services
20shall notify a person receiving such assistance of the tax
21suspension provision and shall provide the person with evidence
22to present to the appropriate county board of supervisors which
23shows the person’s eligibility for tax suspension on parcels
24owned, possessed, or upon which the person is paying taxes
25as a purchaser under contract. The board of supervisors so
26notified, without the filing of a petition and statement as
27specified in section 427.8, shall order the county treasurer to
28suspend the collection of all the taxes, special assessments,
29and rates or charges, including interest, fees, and costs,
30assessed against the parcels and remaining unpaid by the person
31or contractually payable by the person, for such time as the
32person remains the owner or contractually prospective owner
33of the parcels, and during the period the person receives
34assistance as described in this section. The county board of
35supervisors shall annually send to the department of health
-812-1and human services the names and social security numbers of
2persons receiving a tax suspension pursuant to this section.
3The department shall verify the continued eligibility for tax
4suspension of each name on the list and shall return the list
5to the board of supervisors. The director of health and human
6services shall advise the person that the person may apply for
7an additional property tax credit pursuant to sections 425.16
8through 425.37 which shall be credited against the amount of
9the taxes suspended.
10 Sec. 1200. Section 432.13, Code 2023, is amended to read as
11follows:
12432.13 Premium tax exemption — hawk-i Hawki program — state
13employee benefits.
141. Premiums collected by participating insurers under
15chapter 514I are exempt from premium tax.
162. Premiums received for benefits acquired on behalf of
17state employees by the department of administrative services
18pursuant to section 8A.402, subsection 1, and by the state
19board of regents pursuant to chapter 262, are exempt from
20premium tax.
21 Sec. 1201. Section 453A.13, subsection 2, paragraph c, Code
222023, is amended to read as follows:
23c. The department, or a city or county, shall submit
24a duplicate of any application for a retail permit to the
25alcoholic beverages division of the department of commerce
26within thirty days of the issuance. The alcoholic beverages
27division of the department of commerce shall submit the current
28list of all retail permits issued to the Iowa department of
29public health and human services by the last day of each
30quarter of a state fiscal year.
31 Sec. 1202. Section 453A.35A, subsection 2, Code 2023, is
32amended to read as follows:
332. Moneys in the fund shall be used only for purposes
34related to health care, substance abuse use disorder treatment
35and prevention, and tobacco use prevention, cessation, and
-813-1control.
2 Sec. 1203. Section 453A.47A, subsection 6, Code 2023, is
3amended to read as follows:
46. Issuance. Cities may issue retail permits to retailers
5located within their respective limits. County boards of
6supervisors may issue retail permits to retailers located in
7their respective counties, outside of the corporate limits of
8cities. The city or county shall submit a duplicate of any
9application for a retail permit to the alcoholic beverages
10division of the department of commerce within thirty days of
11issuance of a permit. The alcoholic beverages division of the
12department of commerce shall submit the current list of all
13retail permits issued to the Iowa department of public health
14and human services by the last day of each quarter of a state
15fiscal year.
16 Sec. 1204. Section 455B.190A, subsection 3, paragraph b,
17subparagraph (5), Code 2023, is amended to read as follows:
18(5) The director of public health and human services or the
19director’s designee.
20 Sec. 1205. Section 455B.335A, subsection 1, Code 2023, is
21amended to read as follows:
221. The director shall require that a person who operates
23or proposes to operate a waste incinerator which provides for
24the incineration of pathological radioactive materials conduct
25dispersion modeling, under the direction of the Iowa department
26of public health and human services, for radiological isotopes
27to measure the emission levels of alpha and gamma rays. The
28director shall allow a three-month period during which time the
29operator or person proposing operation of such an incinerator
30shall conduct the required dispersion modeling. In order to
31initiate or continue such incineration, the results of the
32modeling shall provide that the existing incinerator meets
33or the proposed incinerator will meet the emission standards
34established by the United States environmental protection
35agency for a selected isotope.
-814-1 Sec. 1206. Section 455B.427, subsection 2, paragraph c,
2Code 2023, is amended to read as follows:
3c. A summary of serious health problems in the immediate
4vicinity of the site and health problems deemed by the director
5in cooperation with the Iowa department of public health and
6human services to be related to conditions at the site.
7 Sec. 1207. Section 455B.427, subsection 3, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9In developing and maintaining the annual report, the
10director shall assess the relative priority of the need for
11action at each site to remedy environmental and health problems
12resulting from the presence of hazardous wastes or hazardous
13substances at the sites. In making assessments of relative
14priority, the director, in cooperation with the Iowa department
15of public health and human services on matters relating to
16public health, shall place every site in one of the following
17classifications:
18 Sec. 1208. Section 455B.427, subsection 5, Code 2023, is
19amended to read as follows:
205. The director shall work with the Iowa department of
21public health and human services when assessing the effects of
22a hazardous waste or hazardous substance disposal site on human
23health.
24 Sec. 1209. Section 455E.11, subsection 2, paragraph a,
25subparagraph (2), subparagraph division (a), subparagraph
26subdivision (i), Code 2023, is amended to read as follows:
27(i) Eight thousand dollars shall be transferred to the Iowa
28 department of public health and human services for departmental
29duties required under section 135.11, subsections 18 15 and 19
30 16, and section 139A.21.
31 Sec. 1210. Section 455E.11, subsection 2, paragraph b,
32subparagraph (1), Code 2023, is amended to read as follows:
33(1) Nine thousand dollars of the account is appropriated
34to the Iowa department of public health and human services for
35carrying out the departmental duties under section 135.11,
-815-1subsections 18 15 and 19 16, and section 139A.21.
2 Sec. 1211. Section 455E.11, subsection 2, paragraph
3b, subparagraph (2), subparagraph division (b), unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5Two percent is appropriated annually to the department and,
6except for administrative expenses, is transferred to the Iowa
7 department of public health and human services for the purpose
8of administering grants to counties and conducting oversight of
9county-based programs for the testing of private rural water
10supply wells, private rural water supply well sealing, and the
11proper closure of private rural abandoned wells and cisterns.
12Not more than thirty-five percent of the moneys is appropriated
13annually for grants to counties for the purpose of conducting
14programs of private rural water supply testing, private rural
15water supply well sealing, the proper closure of private rural
16abandoned wells and cisterns, or any combination thereof.
17An amount agreed to by the department of natural resources
18and the Iowa department of public health and human services
19 shall be retained by the department of natural resources for
20administrative expenses.
21 Sec. 1212. Section 455E.11, subsection 2, paragraph c,
22subparagraph (1), Code 2023, is amended to read as follows:
23(1) The moneys collected pursuant to section 455F.7
24and moneys collected pursuant to section 29C.8A which are
25designated for deposit shall be deposited in the household
26hazardous waste account. Two thousand dollars is appropriated
27annually to the Iowa department of public health and human
28services to carry out departmental duties under section
29135.11, subsections 18 15 and 19 16, and section 139A.21. The
30remainder of the account shall be used to fund the efforts of
31the department to support a collection system for household
32hazardous materials, including public education programs,
33training, and consultation of local governments in the
34establishment and operation of permanent collection systems,
35and the management of collection sites, education programs,
-816-1and other activities pursuant to chapter 455F, including the
2administration of the household hazardous materials retailer
3permit program by the department of revenue.
4 Sec. 1213. Section 455E.11, subsection 2, paragraph d,
5subparagraph (1), Code 2023, is amended to read as follows:
6(1) One thousand dollars is appropriated annually to the
7Iowa department of public health and human services to carry
8out departmental duties under section 135.11, subsections 18 15
9 and 19 16, and section 139A.21.
10 Sec. 1214. Section 462A.14, subsection 2, paragraph a,
11subparagraph (4), Code 2023, is amended to read as follows:
12(4) Assignment to substance abuse use disorder evaluation
13and treatment, pursuant to subsection 12, and a course for
14drinking drivers.
15 Sec. 1215. Section 462A.14, subsection 2, paragraph b,
16subparagraph (4), Code 2023, is amended to read as follows:
17(4) Assignment to substance abuse use disorder evaluation
18and treatment, pursuant to subsections 12 and 13, and a course
19for drinking drivers.
20 Sec. 1216. Section 462A.14, subsection 2, paragraph c,
21subparagraph (4), Code 2023, is amended to read as follows:
22(4) Assignment to substance abuse use disorder evaluation
23and treatment, pursuant to subsections 12 and 13, and a course
24for drinking drivers.
25 Sec. 1217. Section 462A.14, subsection 2, paragraphs d and
26e, Code 2023, are amended to read as follows:
27d. A class “D” felony for any offense under this
28section resulting in serious injury to persons other than
29the defendant, if the court determines that the person who
30committed the offense caused the serious injury, and shall
31be imprisoned for a determinate sentence of not more than
32five years but not less than thirty days, or committed to the
33custody of the director of the department of corrections, and
34assessed a fine of not less than two thousand five hundred
35dollars nor more than seven thousand five hundred dollars. A
-817-1person convicted of a felony offense may be committed to the
2custody of the director of the department of corrections, who
3shall assign the person to a facility pursuant to section
4904.513. The court shall also order that the person not
5operate a motorboat or sailboat for one year in addition to
6any other period of time the defendant would have been ordered
7not to operate if no injury had occurred in connection with
8the violation. The court shall also assign the defendant to
9substance abuse use disorder evaluation and treatment pursuant
10to subsections 12 and 13, and a course for drinking drivers.
11e. A class “B” felony for any offense under this section
12resulting in the death of persons other than the defendant, if
13the court determines that the person who committed the offense
14caused the death, and shall be imprisoned for a determinate
15sentence of not more than twenty-five years, or committed to
16the custody of the director of the department of corrections.
17A person convicted of a felony offense may be committed to
18the custody of the director of the department of corrections,
19who shall assign the person to a facility pursuant to section
20904.513. The court shall also order that the person not
21operate a motorboat or sailboat for six years. The court shall
22also assign the defendant to substance abuse use disorder
23 evaluation and treatment pursuant to subsections 12 and 13, and
24a course for drinking drivers.
25 Sec. 1218. Section 462A.14, subsection 12, Code 2023, is
26amended to read as follows:
2712. a. All substance abuse use disorder evaluations
28required under this section shall be completed at the
29defendant’s expense.
30b. In addition to assignment to substance abuse use disorder
31 evaluation and treatment under this section, the court shall
32order any defendant convicted under this section to follow the
33recommendations proposed in the substance abuse use disorder
34 evaluation for appropriate substance abuse use disorder
35 treatment for the defendant. Court-ordered substance abuse
-818-1 use disorder treatment is subject to the periodic reporting
2requirements of section 125.86.
3c. If a defendant is committed by the court to a substance
4abuse use disorder treatment facility, the administrator of the
5facility shall report to the court when it is determined that
6the defendant has received the maximum benefit of treatment
7at the facility and the defendant shall be released from the
8facility. The time for which the defendant is committed for
9treatment shall be credited against the defendant’s sentence.
10d. The court may prescribe the length of time for the
11evaluation and treatment or the court may request that the
12community college or licensed substance abuse use disorder
13 program conducting the course for drinking drivers which the
14defendant is ordered to attend or the treatment program to
15which the defendant is committed immediately report to the
16court when the defendant has received maximum benefit from
17the course for drinking drivers or treatment program or has
18recovered from the defendant’s addiction, dependency, or
19tendency to chronically abuse use alcohol or drugs.
20e. Upon successfully completing a course for drinking
21drivers or an ordered substance abuse use disorder treatment
22program, a court may place the defendant on probation for six
23months and as a condition of probation, the defendant shall
24attend a program providing posttreatment services relating to
25substance abuse use disorder as approved by the court.
26f. A defendant committed under this section who does not
27possess sufficient income or estate to make payment of the
28costs of the treatment in whole or in part shall be considered
29a state patient and the costs of treatment shall be paid as
30provided in section 125.44.
31g. A defendant who fails to carry out the order of the
32court shall be confined in the county jail for twenty days in
33addition to any other imprisonment ordered by the court or may
34be ordered to perform unpaid community service work, and shall
35be placed on probation for one year with a violation of this
-819-1probation punishable as contempt of court.
2h. In addition to any other condition of probation, the
3defendant shall attend a program providing substance abuse use
4disorder prevention services or posttreatment services related
5to substance abuse use disorder as ordered by the court. The
6defendant shall report to the defendant’s probation officer as
7ordered concerning proof of attendance at the treatment program
8or posttreatment program ordered by the court. Failure to
9attend or complete the program shall be considered a violation
10of probation and is punishable as contempt of court.
11 Sec. 1219. Section 466B.3, subsection 4, paragraph c, Code
122023, is amended to read as follows:
13c. The director of the department of public health and human
14services or the director’s designee.
15 Sec. 1220. Section 470.5, Code 2023, is amended to read as
16follows:
17470.5 Exceptions.
18This chapter does not apply to buildings used on January 1,
191980, by the division of adult corrections of the department
20of health and human services as maximum security detention
21facilities or to the renovation of property nominated to, or
22entered in the national register of historic places, designated
23by statute, or included in an established list of historic
24places compiled by the historical division of the department of
25cultural affairs.
26 Sec. 1221. Section 476.20, subsection 2, Code 2023, is
27amended to read as follows:
282. The board shall establish rules requiring a regulated
29public utility furnishing gas or electricity to include in
30the utility’s notice of pending disconnection of service a
31written statement advising the customer that the customer
32may be eligible to participate in the low income home energy
33assistance program or weatherization assistance program
34administered by the division of community action agencies
35of the department of health and human rights services. The
-820-1written statement shall list the address and telephone number
2of the local agency which is administering the customer’s low
3income home energy assistance program and the weatherization
4assistance program. The written statement shall also state
5that the customer is advised to contact the public utility
6to settle any of the customer’s complaints with the public
7utility, but if a complaint is not settled to the customer’s
8satisfaction, the customer may file the complaint with the
9board. The written statement shall include the address
10and phone number of the board. If the notice of pending
11disconnection of service applies to a residence, the written
12statement shall advise that the disconnection does not apply
13from November 1 through April 1 for a resident who is a “head
14of household”, as defined in section 422.4, and who has been
15certified to the public utility by the local agency which is
16administering the low income home energy assistance program and
17weatherization assistance program as being eligible for either
18the low income home energy assistance program or weatherization
19assistance program, and that if such a resident resides within
20the serviced residence, the customer should promptly have
21the qualifying resident notify the local agency which is
22administering the low income home energy assistance program and
23weatherization assistance program. The board shall establish
24rules requiring that the written notice contain additional
25information as it deems necessary and appropriate.
26 Sec. 1222. Section 476.51, subsection 5, Code 2023, is
27amended to read as follows:
285. Civil penalties collected pursuant to this section from
29utilities providing water, electric, or gas service shall
30be forwarded by the chief operating officer of the board to
31the treasurer of state to be credited to the general fund of
32the state and to be used only for the low income home energy
33assistance program and the weatherization assistance program
34administered by the division of community action agencies of
35the department of health and human rights services. Civil
-821-1penalties collected pursuant to this section from utilities
2providing telecommunications service shall be forwarded to
3the treasurer of state to be credited to the department of
4commerce revolving fund created in section 546.12 to be used
5only for consumer education programs administered by the board.
6Penalties paid by a rate-regulated public utility pursuant to
7this section shall be excluded from the utility’s costs when
8determining the utility’s revenue requirement, and shall not be
9included either directly or indirectly in the utility’s rates
10or charges to customers.
11 Sec. 1223. Section 476.66, subsection 6, Code 2023, is
12amended to read as follows:
136. The rules established by the utilities board shall
14require an annual report to be filed for each fund. The
15utilities board shall compile an annual statewide report of the
16fund results. The division of community action agencies of the
17 department of health and human rights services shall prepare
18an annual report of the unmet need for energy assistance
19and weatherization. Both reports shall be submitted to the
20appropriations committees of the general assembly on the first
21day of the following session.
22 Sec. 1224. Section 477C.5, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. One representative from the office of deaf services of
25the department of health and human rights services.
26 Sec. 1225. Section 478.29, subsection 1, Code 2023, is
27amended to read as follows:
281. A person who violates a provision of this chapter is
29subject to a civil penalty, which may be levied by the board,
30of not more than one hundred dollars per violation or one
31thousand dollars per day of a continuing violation, whichever
32is greater. Civil penalties collected pursuant to this section
33shall be forwarded by the chief operating officer of the board
34to the treasurer of state to be credited to the general fund of
35the state and appropriated to the division of community action
-822-1agencies of the department of health and human rights services
2 for purposes of the low income home energy assistance program
3and the weatherization assistance program.
4 Sec. 1226. Section 479.31, subsection 1, Code 2023, is
5amended to read as follows:
61. A person who violates this chapter or any rule or
7order issued pursuant to this chapter shall be subject to
8a civil penalty levied by the board in accordance with 49
9C.F.R. §190.223. Each day that the violation continues shall
10constitute a separate offense. Civil penalties collected
11pursuant to this section shall be forwarded by the chief
12operating officer of the board to the treasurer of state to be
13credited to the general fund of the state and appropriated to
14the division of community action agencies of the department
15of health and human rights services for purposes of the low
16income home energy assistance program and the weatherization
17assistance program.
18 Sec. 1227. Section 479B.21, subsection 1, Code 2023, is
19amended to read as follows:
201. A person who violates this chapter or any rule or
21order issued pursuant to this chapter shall be subject to a
22civil penalty levied by the board in an amount not to exceed
23one thousand dollars for each violation. Each day that the
24violation continues shall constitute a separate offense.
25However, the maximum civil penalty shall not exceed two hundred
26thousand dollars for any related series of violations. Civil
27penalties collected pursuant to this section shall be forwarded
28by the chief operating officer of the board to the treasurer
29of state to be credited to the general fund of the state and
30appropriated to the division of community action agencies of
31the department of health and human rights services for purposes
32of the low income home energy assistance program and the
33weatherization assistance program.
34 Sec. 1228. Section 483A.24, subsections 7 and 15, Code 2023,
35are amended to read as follows:
-823- 17. A license shall not be required of minor pupils of the
2Iowa braille and sight saving school, Iowa school for the deaf,
3or of minor residents of other state institutions under the
4control of an administrator of a division of the department
5of health and human services. In addition, a person who is
6on active duty with the armed forces of the United States,
7on authorized leave from a duty station located outside of
8this state, and a resident of the state of Iowa shall not be
9required to have a license to hunt or fish in this state. The
10military person shall carry the person’s leave papers and a
11copy of the person’s current earnings statement showing a
12deduction for Iowa income taxes while hunting or fishing. In
13lieu of carrying the person’s earnings statement, the military
14person may also claim residency if the person is registered to
15vote in this state. If a deer or wild turkey is taken, the
16military person shall immediately contact a state conservation
17officer to obtain an appropriate tag to transport the animal.
18A license shall not be required of residents of county care
19facilities or any person who is receiving supplementary
20assistance under chapter 249.
2115. The department may issue a permit, subject to conditions
22established by the department, which authorizes patients of a
23substance abuse use disorder facility, residents of health care
24facilities licensed under chapter 135C, tenants of elder group
25homes licensed under chapter 231B, tenants of assisted living
26program facilities licensed under chapter 231C, participants
27who attend adult day services programs licensed under chapter
28231D, participants in services funded under a federal home and
29community-based services waiver implemented under the medical
30assistance program as defined in chapter 249A, and persons
31cared for in juvenile shelter care homes as provided for in
32chapter 232 to fish without a license as a supervised group.
33A person supervising a group pursuant to this subsection may
34fish with the group pursuant to the permit and is not required
35to obtain a fishing license.
-824-1 Sec. 1229. Section 505.16, subsection 2, Code 2023, is
2amended to read as follows:
32. The insurance commissioner shall approve rules for
4carrying out this section including rules relating to the
5preparation of information to be provided before and after a
6test and the protection of confidentiality of personal and
7medical records of insurance applicants and policyholders.
8The rules shall require a person engaged in the business
9of insurance who receives results of a positive human
10immunodeficiency virus test of an insurance applicant or
11policyholder to report those results to a physician or
12alternative testing site of the applicant’s or policyholder’s
13choice, or if the applicant or policyholder does not choose a
14physician or alternative testing site to receive the results,
15to the Iowa department of public health and human services.
16 Sec. 1230. Section 505.25, Code 2023, is amended to read as
17follows:
18505.25 Information provided to medical assistance program,
19hawk-i Hawki program, and child support recovery unit services.
20A carrier, as defined in section 514C.13, shall enter into
21a health insurance data match program with the department of
22health and human services for the sole purpose of comparing the
23names of the carrier’s insureds with the names of recipients of
24the medical assistance program under chapter 249A, individuals
25under the purview of the child support recovery unit services
26 pursuant to chapter 252B, or enrollees of the hawk-i Hawki
27 program under chapter 514I.
28 Sec. 1231. Section 505.34, Code 2023, is amended to read as
29follows:
30505.34 Medical assistance and hawk-i Hawki programs —
31applicability of subtitle.
321. The medical assistance program under chapter 249A and
33the healthy and well kids in Iowa (hawk-i) (Hawki) program
34under chapter 514I shall not be subject to this subtitle unless
35otherwise provided by law.
-825- 12. A managed care organization acting pursuant to a contract
2with the department of health and human services to administer
3the medical assistance program under chapter 249A, or the
4healthy and well kids in the Iowa (hawk-i) (Hawki) program
5under chapter 514I, shall not be subject to this subtitle
6unless otherwise provided by law.
7 Sec. 1232. Section 508C.5, subsection 13, paragraph f, Code
82023, is amended to read as follows:
9f. An entity whose only business in this state is operating
10as a managed care organization. For purposes of this
11paragraph, “managed care organization” means an entity that is
12under contract with the Iowa department of health and human
13services to provide services to Medicaid recipients and that
14also meets the definition of “health maintenance organization”
15in section 514B.1.
16 Sec. 1233. Section 509.1, subsection 7, Code 2023, is
17amended to read as follows:
187. A policy issued to the department of health and human
19services, which shall be deemed the policyholder, to insure
20eligible persons for medical assistance, or for both mandatory
21medical assistance and optional medical assistance, as defined
22by chapter 249A as hereafter amended.
23 Sec. 1234. Section 509.3A, subsection 12, Code 2023, is
24amended to read as follows:
2512. The hawk-i Hawki program authorized by chapter 514I.
26 Sec. 1235. Section 510B.1, subsections 9 and 22, Code 2023,
27are amended to read as follows:
289. “Health carrier” means an entity subject to the
29insurance laws and regulations of this state, or subject
30to the jurisdiction of the commissioner, including an
31insurance company offering sickness and accident plans, a
32health maintenance organization, a nonprofit health service
33corporation, or a plan established pursuant to chapter 509A for
34public employees. “Health carrier” does not include any of the
35following:
-826- 1a. The department of health and human services.
2b. A managed care organization acting pursuant to a contract
3with the department of health and human services to administer
4the medical assistance program under chapter 249A or the
5healthy and well kids in Iowa (hawk-i) (Hawki) program under
6chapter 514I.
7c. A policy or contract providing a prescription drug
8benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
9d. A plan offered or maintained by a multiple employer
10welfare arrangement established under chapter 513D before
11January 1, 2022.
1222. “Third-party payor” means any entity other than a
13covered person or a health care provider that is responsible
14for any amount of reimbursement for a prescription drug
15benefit. “Third-party payor” includes health carriers and other
16entities that provide a plan of health insurance or health
17care benefits. “Third-party payor” does not include any of the
18following:
19a. The department of health and human services.
20b. A managed care organization acting pursuant to a contract
21with the department of health and human services to administer
22the medical assistance program under chapter 249A or the
23healthy and well kids in Iowa (hawk-i) (Hawki) program under
24chapter 514I.
25c. A policy or contract providing a prescription drug
26benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
27 Sec. 1236. Section 513B.2, subsection 8, paragraph l, Code
282023, is amended to read as follows:
29l. The hawk-i Hawki program authorized by chapter 514I.
30 Sec. 1237. Section 513C.3, subsection 12, paragraph d, Code
312023, is amended to read as follows:
32d. Loss of eligibility for the hawk-i Hawki program
33authorized in chapter 514I.
34 Sec. 1238. Section 514.1, subsection 2, paragraph c, Code
352023, is amended to read as follows:
-827- 1c. “Subscriber” means an individual who enters into a
2contract for health care services with a corporation subject
3to this chapter and includes a person eligible for mandatory
4medical assistance or optional medical assistance as defined
5under chapter 249A, with respect to whom the department of
6health and human services has entered into a contract with a
7firm operating under this chapter.
8 Sec. 1239. Section 514A.3B, subsection 3, paragraph l, Code
92023, is amended to read as follows:
10l. The hawk-i Hawki program authorized by chapter 514I.
11 Sec. 1240. Section 514B.3, subsection 1, paragraph m, Code
122023, is amended to read as follows:
13m. A description of the procedures and programs to be
14implemented to meet the requirements for quality of health
15care as determined by the director of public health and human
16services under section 514B.4.
17 Sec. 1241. Section 514B.3, subsection 3, Code 2023, is
18amended to read as follows:
193. Upon receipt of an application for a certificate of
20authority, the commissioner shall immediately transmit copies
21of the application and accompanying documents to the director
22of public health and human services and the affected regional
23health planning council, as authorized by Pub.L. No.89-749,
2442 U.S.C. §246(b)2b, for their nonbinding consultation and
25advice.
26 Sec. 1242. Section 514B.4A, Code 2023, is amended to read
27as follows:
28514B.4A Direct provision of health care services.
291. An application for a certificate of authority to
30provide health care services, directly, shall be forwarded
31by the commissioner to the director of public health and
32human services for review, comment, and recommendation, with
33respect to the health care services to be provided directly, to
34assure that the applicant has demonstrated the willingness and
35potential ability to provide the health care services through
-828-1adequate personnel and facilities.
22. Rules proposed by the commissioner for adoption
3for the direct provision of health care services by a
4health maintenance organization, shall be forwarded by the
5commissioner to the director of public health and human
6services for review, comment, and recommendation, prior to
7submission to the administrative rules coordinator pursuant to
8section 17A.4.
93. The director of public health and human services shall
10respond to the commissioner, with respect to an application
11or proposed rule, with any comments or recommendations within
12thirty days of the forwarding of the application or proposed
13rules to the director of public health and human services.
14 Sec. 1243. Section 514B.32, subsection 5, Code 2023, is
15amended to read as follows:
165. The provisions of this chapter shall be applicable to a
17managed care organization acting pursuant to a contract with
18the department of health and human services to administer the
19medical assistance program under chapter 249A, or the healthy
20and well kids in Iowa (hawk-i) (Hawki) program under chapter
21514I, only with respect to licensure and solvency standards
22as evidenced by the managed care organization obtaining
23and maintaining a certificate of authority, and maintaining
24compliance with the solvency standards set forth in this
25chapter.
26 Sec. 1244. Section 514B.33, subsection 5, paragraph a, Code
272023, is amended to read as follows:
28a. For purposes of this section, “limited service
29organization” means an organization providing dental care
30services, vision care services, mental health services,
31substance abuse use disorder services, pharmaceutical services,
32podiatric care services, or such other services as may be
33determined by the commissioner.
34 Sec. 1245. Section 514C.9, subsection 3, paragraph b, Code
352023, is amended to read as follows:
-829- 1b. Enroll a child who is eligible for coverage under the
2applicable terms and conditions of the health benefit plan and
3the standard enrollment guidelines of the insurer, without
4regard to any time of enrollment restriction, under dependent
5coverage upon application by the obligee or other legal
6custodian of the child or by the department of health and human
7services in the event an obligor required by a court order or
8administrative order fails to apply for coverage for the child.
9 Sec. 1246. Section 514C.9, subsection 4, Code 2023, is
10amended to read as follows:
114. A group health plan shall establish reasonable
12procedures to determine whether a child is covered under a
13qualified medical child support order issued pursuant to
14chapter 252E.The procedures shall be in writing, provide for
15prompt notice of each person specified in the medical child
16support order as eligible to receive benefits under the group
17health plan upon receipt by the plan of the medical child
18support order, and allow an obligee or other legal custodian
19of the child under chapter 252E to designate a representative
20for receipt of copies of notices in regard to the medical child
21support order that are sent to the obligee or other legal
22custodian of the child and the department of health and human
23services’ child support recovery unit services.
24 Sec. 1247. Section 514C.18, subsection 1, paragraph b,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) The diabetes self-management training and education
27program is certified by the Iowa department of public health
28and human services. The department shall consult with the
29American diabetes association, Iowa affiliate, in developing
30the standards for certification of diabetes education programs
31that cover at least ten hours of initial outpatient diabetes
32self-management training within a continuous twelve-month
33period and up to two hours of follow-up training for each
34subsequent year for each individual diagnosed by a physician or
35physician assistant with any type of diabetes mellitus.
-830-1 Sec. 1248. Section 514C.27, Code 2023, is amended to read
2as follows:
3514C.27 Mental illness and substance abuse use disorder
4 treatment coverage for veterans.
51. Notwithstanding the uniformity of treatment requirements
6of section 514C.6, a group policy or contract providing for
7third-party payment or prepayment of health or medical expenses
8issued by a carrier, as defined in section 513B.2, shall
9provide coverage benefits to an insured who is a veteran for
10treatment of mental illness and substance abuse use disorder if
11either of the following is satisfied:
12a. The policy or contract is issued to an employer who
13on at least fifty percent of the employer’s working days
14during the preceding calendar year employed more than fifty
15full-time equivalent employees. In determining the number
16of full-time equivalent employees of an employer, employers
17who are affiliated or who are able to file a consolidated tax
18return for purposes of state taxation shall be considered one
19employer.
20b. The policy or contract is issued to a small employer as
21defined in section 513B.2, and such policy or contract provides
22coverage benefits for the treatment of mental illness and
23substance abuse use disorder.
242. Notwithstanding the uniformity of treatment requirements
25of section 514C.6, a plan established pursuant to chapter 509A
26for public employees shall provide coverage benefits to an
27insured who is a veteran for treatment of mental illness and
28substance abuse use disorder as defined in subsection 3.
293. For purposes of this section:
30a. “Mental illness” means mental disorders as defined by the
31commissioner by rule.
32b. “Substance abuse use disorder” means a pattern of
33pathological use of alcohol or a drug that causes impairment
34in social or occupational functioning, or that produces
35physiological dependency evidenced by physical tolerance or by
-831-1physical symptoms when the alcohol or drug is withdrawn.
2c. “Veteran” means the same as defined in section 35.1.
34. The commissioner, by rule, shall define “mental illness”
4consistent with definitions provided in the most recent edition
5of the American psychiatric association’s diagnostic and
6statistical manual of mental disorders, as the definitions may
7be amended from time to time. The commissioner may adopt the
8definitions provided in such manual by reference.
95. This section shall not apply to accident-only,
10specified disease, short-term hospital or medical, hospital
11confinement indemnity, credit, dental, vision, Medicare
12supplement, long-term care, basic hospital and medical-surgical
13expense coverage as defined by the commissioner, disability
14income insurance coverage, coverage issued as a supplement
15to liability insurance, workers’ compensation or similar
16insurance, or automobile medical payment insurance, or
17individual accident and sickness policies issued to individuals
18or to individual members of a member association.
196. A carrier or plan established pursuant to chapter 509A
20may manage the benefits provided through common methods,
21including but not limited to providing payment of benefits or
22providing care and treatment under a capitated payment system,
23prospective reimbursement rate system, utilization control
24system, incentive system for the use of least restrictive and
25least costly levels of care, a preferred provider contract
26limiting choice of specific providers, or any other system,
27method, or organization designed to assure services are
28medically necessary and clinically appropriate.
297. a. A group policy or contract or plan covered under this
30section shall not impose an aggregate annual or lifetime limit
31on mental illness or substance abuse use disorder coverage
32benefits unless the policy or contract or plan imposes an
33aggregate annual or lifetime limit on substantially all medical
34and surgical coverage benefits.
35b. A group policy or contract or plan covered under this
-832-1section that imposes an aggregate annual or lifetime limit on
2substantially all medical and surgical coverage benefits shall
3not impose an aggregate annual or lifetime limit on mental
4illness or substance abuse use disorder coverage benefits which
5is less than the aggregate annual or lifetime limit imposed on
6substantially all medical and surgical coverage benefits.
78. A group policy or contract or plan covered under this
8section shall at a minimum allow for thirty inpatient days
9and fifty-two outpatient visits annually. The policy or
10contract or plan may also include deductibles, coinsurance,
11or copayments, provided the amounts and extent of such
12deductibles, coinsurance, or copayments applicable to other
13medical or surgical services coverage under the policy or
14contract or plan are the same. It is not a violation of this
15section if the policy or contract or plan excludes entirely
16from coverage benefits for the cost of providing the following:
17a. Care that is substantially custodial in nature.
18b. Services and supplies that are not medically necessary or
19clinically appropriate.
20c. Experimental treatments.
219. This section applies to third-party payment provider
22policies or contracts and plans established pursuant to chapter
23509A delivered, issued for delivery, continued, or renewed in
24this state on or after January 1, 2011.
25 Sec. 1249. Section 514E.1, subsection 6, paragraph k, Code
262023, is amended to read as follows:
27k. The hawk-i Hawki program authorized by chapter 514I.
28 Sec. 1250. Section 514F.7, subsection 1, paragraph h, Code
292023, is amended to read as follows:
30h. “Health carrier” means an entity subject to the
31insurance laws and regulations of this state, or subject
32to the jurisdiction of the commissioner, including an
33insurance company offering sickness and accident plans, a
34health maintenance organization, a nonprofit health service
35corporation, a plan established pursuant to chapter 509A
-833-1for public employees, or any other entity providing a plan
2of health insurance, health care benefits, or health care
3services. “Health carrier” does not include a managed care
4organization as defined in 441 IAC 73.1 when the managed care
5organization is acting pursuant to a contract with the Iowa
6 department of health and human services to provide services to
7Medicaid recipients.
8 Sec. 1251. Section 514F.8, subsection 1, paragraph g, Code
92023, is amended to read as follows:
10g. “Health carrier” means an entity subject to the
11insurance laws and regulations of this state, or subject
12to the jurisdiction of the commissioner, including an
13insurance company offering sickness and accident plans, a
14health maintenance organization, a nonprofit health service
15corporation, a plan established pursuant to chapter 509A
16for public employees, or any other entity providing a plan
17of health insurance, health care benefits, or health care
18services. “Health carrier” does not include the department
19of health and human services, or a managed care organization
20acting pursuant to a contract with the department of health
21and human services to administer the medical assistance
22program under chapter 249A or the healthy and well kids in Iowa
23(hawk-i) (Hawki) program under chapter 514I.
24 Sec. 1252. Section 514H.2, subsection 2, Code 2023, is
25amended to read as follows:
262. The insurance division of the department of commerce
27shall administer the program in cooperation with the division
28responsible for medical services within the department
29of health and human services. Each agency shall take all
30necessary actions, including filing an appropriate medical
31assistance state plan amendment to the state Medicaid plan to
32take full advantage of the benefits and features of the Deficit
33Reduction Act of 2005.
34 Sec. 1253. Section 514H.5, subsection 2, Code 2023, is
35amended to read as follows:
-834- 12. When the division responsible for medical services
2within the department of health and human services determines
3whether an individual is eligible for medical assistance
4under chapter 249A, the division department shall make an
5asset disregard adjustment for any individual who meets the
6requirements of section 514H.3. The asset disregard shall
7be available after benefits of the qualified long-term care
8insurance policy have been applied to the cost of qualified
9long-term care services as required under this chapter.
10 Sec. 1254. Section 514H.7, subsection 3, Code 2023, is
11amended to read as follows:
123. The insurance division, in cooperation with the
13department of health and human services, shall adopt rules
14to provide an asset disregard to individuals who are covered
15by a long-term care insurance policy prior to November 17,
162005, consistent with the Iowa long-term care asset disregard
17incentive program.
18 Sec. 1255. Section 514H.8, Code 2023, is amended to read as
19follows:
20514H.8 Reciprocal agreements to extend asset disregard.
21The division responsible for medical services within
22the department of health and human services may enter into
23reciprocal agreements with other states to extend the asset
24disregard under section 514H.5 to Iowa residents who had
25purchased or were covered by qualified long-term care insurance
26policies in other states.
27 Sec. 1256. Section 514H.9, Code 2023, is amended to read as
28follows:
29514H.9 Rules.
30The insurance division of the department of commerce in
31cooperation with the department of health and human services
32shall adopt rules pursuant to chapter 17A as necessary to
33administer this chapter.
34 Sec. 1257. Section 514I.1, subsections 2 and 4, Code 2023,
35are amended to read as follows:
-835- 12. It is the intent of the general assembly that the program
2be implemented and administered in compliance with Tit.XXI
3of the federal Social Security Act. If, as a condition of
4receiving federal funds for the program, federal law requires
5implementation and administration of the program in a manner
6not provided in this chapter, during a period when the general
7assembly is not in session, the department, with the approval
8of the hawk-i Hawki board, shall proceed to implement and
9administer those provisions, subject to review by the next
10regular session of the general assembly.
114. It is the intent of the general assembly that the
12hawk-i Hawki program be an integral part of the continuum of
13health insurance coverage and that the program be developed
14and implemented in such a manner as to facilitate movement of
15families between health insurance providers and to facilitate
16the transition of families to private sector health insurance
17coverage.
18 Sec. 1258. Section 514I.2, Code 2023, is amended to read as
19follows:
20514I.2 Definitions.
21As used in this chapter, unless the context otherwise
22requires:
231. “Benchmark benefit package” means any of the following:
24a. The standard blue cross/blue shield preferred provider
25option service benefit plan, described in and offered under 5
26U.S.C. §8903(1).
27b. A health benefits coverage plan that is offered and
28generally available to state employees in this state.
29c. The plan of a health maintenance organization as defined
30in 42 U.S.C. §300e, with the largest insured commercial,
31nonmedical assistance enrollment of covered lives in the state.
322. “Cost sharing” means the payment of a premium or
33copayment as provided for by Tit.XXI of the federal Social
34Security Act and section 514I.10.
353. “Department” means the department of health and human
-836-1services.
24. “Director” means the director of health and human
3services.
45. “Eligible child” means an individual who meets the
5criteria for participation in the program under section 514I.8.
66. “Hawk-i Hawki board” or “board” means the entity which
7adopts rules and establishes policy for, and directs the
8department regarding, the hawk-i Hawki program.
97. “Hawk-i Hawki program” or “program” means the healthy and
10well kids in Iowa program created in this chapter to provide
11health insurance coverage to eligible children.
128. “Health insurance coverage” means health insurance
13coverage as defined in 42 U.S.C. §300gg-91.
149. “Participating insurer” means any of the following:
15a. An entity licensed by the division of insurance of the
16department of commerce to provide health insurance in Iowa that
17has contracted with the department to provide health insurance
18coverage to eligible children under this chapter.
19b. A managed care organization acting pursuant to a contract
20with the department of human services to administer the hawk-i
21 Hawki program.
2210. “Qualified child health plan” or “plan” means health
23insurance coverage provided by a participating insurer under
24this chapter.
25 Sec. 1259. Section 514I.3, Code 2023, is amended to read as
26follows:
27514I.3 Hawk-i Hawki program — established.
281. The hawk-i Hawki program, a statewide program designed to
29improve the health of children and to provide health insurance
30coverage to eligible children on a regional basis which
31complies with Tit.XXI of the federal Social Security Act, is
32established and shall be implemented January 1, 1999.
332. Health insurance coverage under the program shall be
34provided by participating insurers and through qualified child
35health plans.
-837- 13. The department of human services is designated to receive
2the state and federal funds appropriated or provided for the
3program, and to submit and maintain the state plan for the
4program, which is approved by the centers for Medicare and
5Medicaid services of the United States department of health and
6human services.
74. Nothing in this chapter shall be construed or is intended
8as, or shall imply, a grant of entitlement for services to
9persons who are eligible for participation in the program based
10upon eligibility consistent with the requirements of this
11chapter. Any state obligation to provide services pursuant to
12this chapter is limited to the extent of the funds appropriated
13or provided for this chapter.
145. Participating insurers under this chapter are not
15subject to the requirements of chapters 513B and 513C.
166. Health care coverage provided under this chapter in
17accordance with Tit.XXI of the federal Social Security Act
18shall be recognized as prior creditable coverage for the
19purposes of private individual and group health insurance
20coverage.
21 Sec. 1260. Section 514I.4, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23The director, with the approval of the hawk-i Hawki board,
24shall implement this chapter. The director shall do all of the
25following:
26 Sec. 1261. Section 514I.5, Code 2023, is amended to read as
27follows:
28514I.5 Hawk-i Hawki board.
291. A hawk-i Hawki board for the hawk-i Hawki program is
30established. The board shall meet not less than six and
31not more than twelve times annually, for the purposes of
32establishing policy for, directing the department on, and
33adopting rules for the program. The board shall consist of
34seven voting members and four ex officio, nonvoting members,
35including all of the following:
-838- 1a. The commissioner of insurance, or the commissioner’s
2designee.
3b. The director of the department of education, or the
4director’s designee.
5c. The director of public health and human services, or the
6director’s designee.
7d. Four public members appointed by the governor and
8subject to confirmation by the senate. The public members
9shall be members of the general public who have experience,
10knowledge, or expertise in the subject matter embraced within
11this chapter.
12e. Two members of the senate and two members of the house of
13representatives, serving as ex officio, nonvoting members. The
14legislative members of the board shall be appointed one each
15by the majority leader of the senate, after consultation with
16the president of the senate, and by the minority leader of the
17senate, and by the speaker of the house of representatives,
18after consultation with the majority leader of the house of
19representatives, and by the minority leader of the house
20of representatives. Legislative members shall receive
21compensation pursuant to section 2.12.
222. Members appointed by the governor shall serve two-year
23staggered terms as designated by the governor, and legislative
24members of the board shall serve two-year terms. The filling
25of positions reserved for the public representatives,
26vacancies, membership terms, payment of compensation and
27expenses, and removal of the members are governed by chapter
2869. Members of the board are entitled to receive reimbursement
29of actual expenses incurred in the discharge of their duties.
30Public members of the board are also eligible to receive
31compensation as provided in section 7E.6. A majority of the
32voting members constitutes a quorum and the affirmative vote
33of a majority of the voting members is necessary for any
34substantive action to be taken by the board. The members
35shall select a chairperson on an annual basis from among the
-839-1membership of the board.
23. The board shall approve any contract entered into
3pursuant to this chapter. All contracts entered into pursuant
4to this chapter shall be made available to the public.
54. The department of human services shall act as support
6staff to the board.
75. The board may receive and accept grants, loans, or
8advances of funds from any person and may receive and accept
9from any source contributions of money, property, labor, or any
10other thing of value, to be held, used, and applied for the
11purposes of the program.
126. The hawk-i Hawki board shall do all of the following:
13a. Define, in consultation with the department, the regions
14of the state for which plans are offered in a manner as to
15ensure access to services for all children participating in the
16program.
17b. Approve the benefit package design, review the benefit
18package design on a periodic basis, and make necessary changes
19in the benefit design to reflect the results of the periodic
20reviews.
21c. Develop, with the assistance of the department, an
22outreach plan, and provide for periodic assessment of the
23effectiveness of the outreach plan. The plan shall provide
24outreach to families of children likely to be eligible
25for assistance under the program, to inform them of the
26availability of and to assist the families in enrolling
27children in the program. The outreach efforts may include, but
28are not limited to, solicitation of cooperation from programs,
29agencies, and other persons who are likely to have contact
30with eligible children, including but not limited to those
31associated with the educational system, and the development
32of community plans for outreach and marketing. Other state
33agencies shall assist the department in data collection related
34to outreach efforts to potentially eligible children and their
35families.
-840- 1d. In consultation with the clinical advisory committee,
2assess the initial health status of children participating in
3the program, establish a baseline for comparison purposes, and
4develop appropriate indicators to measure the subsequent health
5status of children participating in the program.
6e. Review, in consultation with the department, and take
7necessary steps to improve interaction between the program and
8other public and private programs which provide services to the
9population of eligible children.
10f. By January 1, annually, prepare, with the assistance
11of the department, and submit a report to the governor,
12the general assembly, and the council on health and human
13services, concerning the board’s activities, findings, and
14recommendations.
15g. Solicit input from the public regarding the program and
16related issues and services.
17h. Establish and consult with a clinical advisory committee
18to make recommendations to the board regarding the clinical
19aspects of the hawk-i Hawki program.
20i. Prescribe the elements to be included in a health
21improvement program plan required to be developed by a
22participating insurer. The elements shall include but are not
23limited to health maintenance and prevention and health risk
24assessment.
25j. Establish an advisory committee to make recommendations
26to the board and to the general assembly by January 1 annually
27concerning the provision of health insurance coverage to
28children with special health care needs. The committee shall
29include individuals with experience in, knowledge of, or
30expertise in this area. The recommendations shall address, but
31are not limited to, all of the following:
32(1) The definition of the target population of children
33with special health care needs for the purposes of determining
34eligibility under the program.
35(2) Eligibility options for and assessment of children with
-841-1special health care needs for eligibility.
2(3) Benefit options for children with special health care
3needs.
4(4) Options for enrollment of children with special health
5care needs in and disenrollment of children with special health
6care needs from qualified child health plans utilizing a
7capitated fee form of payment.
8(5) The appropriateness and quality of care for children
9with special health care needs.
10(6) The coordination of health services provided for
11children with special health care needs under the program with
12services provided by other publicly funded programs.
13k. Develop options and recommendations to allow children
14eligible for the hawk-i Hawki program to participate in
15qualified employer-sponsored health plans through a premium
16assistance program. The options and recommendations shall
17ensure reasonable alignment between the benefits and costs
18of the hawk-i Hawki program and the employer-sponsored
19health plans consistent with federal law. In addition, the
20board shall implement the premium assistance program options
21described under the federal Children’s Health Insurance Program
22Reauthorization Act of 2009, Pub.L. No.111-3, for the hawk-i
23 Hawki program.
247. The hawk-i Hawki board, in consultation with the
25department of human services, shall adopt rules which address,
26but are not limited to addressing, all of the following:
27a. Implementation and administration of the program.
28b. Qualifying standards for selecting participating insurers
29for the program.
30c. The benefits to be included in a qualified child health
31plan which are those included in a benchmark or benchmark
32equivalent plan and which comply with Tit.XXI of the federal
33Social Security Act. Benefits covered shall include but are
34not limited to all of the following:
35(1) Inpatient hospital services including medical,
-842-1surgical, intensive care unit, mental health, and substance
2abuse use disorder services.
3(2) Nursing care services including skilled nursing
4facility services.
5(3) Outpatient hospital services including emergency room,
6surgery, lab, and x-ray services and other services.
7(4) Physician services, including surgical and medical, and
8including office visits, newborn care, well-baby and well-child
9care, immunizations, urgent care, specialist care, allergy
10testing and treatment, mental health visits, and substance
11abuse use disorder visits.
12(5) Ambulance services.
13(6) Physical therapy.
14(7) Speech therapy.
15(8) Durable medical equipment.
16(9) Home health care.
17(10) Hospice services.
18(11) Prescription drugs.
19(12) Dental services including preventive services.
20(13) Medically necessary hearing services.
21(14) Vision services including corrective lenses.
22(15) Translation and interpreter services as specified
23pursuant to the federal Children’s Health Insurance Program
24Reauthorization Act of 2009, Pub.L. No.111-3.
25(16) Chiropractic services.
26(17) Occupational therapy.
27d. Presumptive eligibility criteria for the program.
28Beginning January 1, 2010, presumptive eligibility shall be
29provided for eligible children.
30e. The amount of any cost sharing under the program which
31shall be assessed based on family income and which complies
32with federal law.
33f. The reasons for disenrollment including, but not limited
34to, nonpayment of premiums, eligibility for medical assistance
35or other insurance coverage, admission to a public institution,
-843-1relocation from the area, and change in income.
2g. Conflict of interest provisions applicable to
3participating insurers and between public members of the board
4and participating insurers.
5h. Penalties for breach of contract or other violations of
6requirements or provisions under the program.
7i. A mechanism for participating insurers to report any
8rebates received to the department.
9j. The data to be maintained by the department including
10data to be collected for the purposes of quality assurance
11reports.
12k. The use of provider guidelines in assessing the
13well-being of children, which may include the use of the bright
14futures for infants, children, and adolescents program as
15developed by the federal maternal and child health bureau and
16the American academy of pediatrics guidelines for well-child
17care.
188. a. The hawk-i Hawki board may provide approval to the
19director to contract with participating insurers to provide
20dental-only services. In determining whether to provide
21such approval to the director, the board shall take into
22consideration the impact on the overall program of single
23source contracting for dental services.
24b. The hawk-i Hawki board may provide approval to the
25director to contract with participating insurers to provide
26the supplemental dental-only coverage to otherwise eligible
27children who have private health care coverage as specified in
28the federal Children’s Health Insurance Program Reauthorization
29Act of 2009, Pub.L. No.111-3.
309. The hawk-i Hawki board shall monitor the capacity of
31Medicaid managed care organizations acting pursuant to a
32contract with the department to administer the hawk-i Hawki
33 program to specifically and appropriately address the unique
34needs of children and children’s health delivery.
35 Sec. 1262. Section 514I.8, subsection 2, unnumbered
-844-1paragraph 1, Code 2023, is amended to read as follows:
2A child may participate in the hawk-i Hawki program if the
3child meets all of the following criteria:
4 Sec. 1263. Section 514I.8A, Code 2023, is amended to read
5as follows:
6514I.8A Hawk-i Hawki — all income-eligible children.
7The department shall provide coverage to individuals
8under nineteen years of age who meet the income eligibility
9requirements for the hawk-i Hawki program and for whom federal
10financial participation is or becomes available for the cost
11of such coverage.
12 Sec. 1264. Section 514I.9, subsection 1, Code 2023, is
13amended to read as follows:
141. The hawk-i Hawki board shall review the benefits package
15annually and shall determine additions to or deletions from the
16benefits package offered. The hawk-i Hawki board shall submit
17the recommendations to the general assembly for any amendment
18to the benefits package.
19 Sec. 1265. Section 514I.11, Code 2023, is amended to read
20as follows:
21514I.11 Hawk-i Hawki trust fund.
221. A hawk-i Hawki trust fund is created in the state
23treasury under the authority of the department of human
24services, in which all appropriations and other revenues of the
25program such as grants, contributions, and participant payments
26shall be deposited and used for the purposes of the program.
27The moneys in the fund shall not be considered revenue of the
28state, but rather shall be funds of the program.
292. The trust fund shall be separate from the general fund
30of the state and shall not be considered part of the general
31fund of the state. The moneys in the trust fund are not
32subject to section 8.33 and shall not be transferred, used,
33obligated, appropriated, or otherwise encumbered, except to
34provide for the purposes of this chapter and except as provided
35in subsection 4. Notwithstanding section 12C.7, subsection
-845-12, interest or earnings on moneys deposited in the trust fund
2shall be credited to the trust fund.
33. Moneys in the fund are appropriated to the department and
4shall be used to offset any program costs.
54. The department may transfer moneys appropriated from
6the fund to be used for the purpose of expanding health care
7coverage to children under the medical assistance program.
85. The department shall provide periodic updates to the
9general assembly regarding expenditures from the fund.
10 Sec. 1266. Section 523A.301, Code 2023, is amended to read
11as follows:
12523A.301 Definition.
13As used in sections 523A.302 and 523A.303, “director” means
14the director of health and human services.
15 Sec. 1267. Section 523A.303, subsection 2, paragraph e,
16Code 2023, is amended to read as follows:
17e. A notice in substantially the following form complies
18with this subsection:
19TO: THE DIRECTOR OF HEALTH AND HUMAN SERVICES
20FROM: (SELLER’S NAME, CURRENT ADDRESS, AND TELEPHONE NUMBER)
21You are hereby notified that (name of deceased), who had an
22irrevocable burial trust fund, has died, that final payment
23for cemetery merchandise, funeral merchandise, and funeral
24services has been made, and that (remaining amount) remains in
25the irrevocable burial trust fund.
26The above-named seller must receive a written response
27regarding any claim by the director within sixty days after the
28mailing of this notice to the director.
29If the above-named seller does not receive a written response
30regarding a claim by the director within sixty days after the
31mailing of this notice, the seller may dispose of the remaining
32funds in accordance with section 523A.303, Code of Iowa.
33 Sec. 1268. Section 523A.303, subsection 3, Code 2023, is
34amended to read as follows:
353. Upon receipt of the seller’s written notice, the director
-846-1shall determine if a debt is due the department of health and
2 human services pursuant to section 249A.53. If the director
3determines that a debt is owing, the director shall provide
4a written response to the seller within sixty days after the
5mailing of the seller’s notice. If the director does not
6respond with a claim within the sixty-day period, any claim
7made by the director shall not be enforceable against the
8seller, the trust, or a trustee.
9 Sec. 1269. Section 523I.214, Code 2023, is amended to read
10as follows:
11523I.214 Violations of law — referrals to the Iowa
12 department of public health and human services.
13If the commissioner discovers a violation of a provision
14of this chapter or any other state law or rule concerning the
15disposal or transportation of human remains, the commissioner
16shall forward all evidence in the possession of the
17commissioner concerning such a violation to the Iowa department
18of public health and human services for such proceedings as
19the Iowa department of public health and human services deems
20appropriate.
21 Sec. 1270. Section 523I.701, subsection 6, Code 2023, is
22amended to read as follows:
236. The lawn crypt shall be installed in compliance with any
24applicable law or rule adopted by the Iowa department of public
25 health and human services.
26 Sec. 1271. Section 541A.1, Code 2023, is amended to read as
27follows:
28541A.1 Definitions.
29For the purposes of this chapter, unless the context
30otherwise requires:
311. “Account holder” means an individual who is the owner of
32an individual development account.
332. “Administrator” means the division of community action
34agencies of the department of human rights.
353. 2. “Charitable contributor” means a nonprofit
-847-1association described in section 501(c)(3) of the Internal
2Revenue Code which makes a deposit to an individual development
3account and which is exempt from taxation under section 501(a)
4of the Internal Revenue Code.
53. “Commission” means the commission on community action
6agencies created in section 216A.92A.
74. “Department” means the department of health and human
8services.
95. “Director” means the director of health and human
10services.
114. 6. “Federal poverty level” means the first poverty
12income guidelines published in the calendar year by the United
13States department of health and human services.
145. 7. “Financial institution” means a financial institution
15approved by the administrator director as an investment
16mechanism for individual development accounts.
176. 8. “Household income” means the annual household
18income of an account holder or prospective account holder,
19as determined in accordance with rules adopted by the
20administrator director.
217. 9. “Individual contributor” means an individual who
22makes a deposit to an individual development account and is not
23the account holder or a charitable contributor.
248. 10. “Individual development account” means either of the
25following:
26a. A financial instrument that is certified to have the
27characteristics described in section 541A.2 by the operating
28organization.
29b. A financial instrument that is certified by the
30operating organization to have the characteristics described
31in and funded by a federal individual development account
32program under which federal and state funding contributed to
33match account holder deposits is deposited by an operating
34organization in accordance with federal law and regulations,
35and which includes but is not limited to any of the programs
-848-1implemented under the following federal laws:
2(1) The federal Personal Responsibility and Work
3Opportunity Act of 1996, 42 U.S.C. §604(h).
4(2) The federal Assets for Independence Act, Pub.L. No.
5105-285, Tit.IV.
69. 11. “Operating organization” means an agency selected
7by the administrator department for involvement in operating
8individual development accounts directed to a specific target
9population.
1010. 12. “Source of principal” means any of the sources of
11a deposit to an individual development account under section
12541A.2, subsection 2.
13 Sec. 1272. Section 541A.2, subsection 7, Code 2023, is
14amended to read as follows:
157. Subject to obtaining any necessary federal waivers, the
16department of human services shall not consider moneys in an
17individual development account and any earnings on the moneys
18in determining the eligibility or need of an individual for
19benefits or assistance or the amount of benefits or assistance
20under the family investment program under chapter 239B, the
21promoting independence and self-sufficiency through employment
22job opportunities and basic skills program, or any other
23program administered by the department of human services.
24 Sec. 1273. Section 541A.3, Code 2023, is amended to read as
25follows:
26541A.3 Individual development accounts — state savings match
27and tax provisions.
28All of the following state savings match and tax provisions
29shall apply to an individual development account:
301. a. Payment by the state of a state savings match on
31amounts of up to two thousand dollars that an account holder
32deposits in the account holder’s account.
33b. Moneys transferred to an individual development account
34from another individual development account and a state savings
35match received by the account holder in accordance with this
-849-1section shall not be considered an account holder deposit for
2purposes of determining a state savings match.
3c. Payment of a state savings match either shall be
4made directly to the account holder or to an operating
5organization’s central reserve account for later distribution
6to the account holder in the most appropriate manner as
7determined by the administrator department.
8d. Subject to the limitation in paragraph “a”, the state
9savings match shall be equal to one hundred percent of
10the amount deposited by the account holder. However, the
11administrator department may limit, reduce, delay, or otherwise
12revise state savings match payment provisions as necessary to
13restrict the payments to the funding available.
142. Income earned by an individual development account is
15not subject to state tax, in accordance with the provisions of
16section 422.7, subsection 17.
173. Amounts transferred between individual development
18accounts are not subject to state tax.
194. The administrator department shall coordinate the filing
20of claims for a state savings match authorized under subsection
211, between account holders and operating organizations. Claims
22approved by the administrator department may be paid to each
23account holder, for an aggregate amount for distribution to the
24holders of the accounts in a particular financial institution,
25or to an operating organization’s central reserve account
26for later distribution to the account holders depending on
27the efficiency for issuing the state savings match payments.
28Claims shall be initially filed with the administrator
29 department on or before a date established by the administrator
30 department. Claims approved by the administrator department
31 shall be paid from the individual development account state
32savings match fund.
33 Sec. 1274. Section 541A.5, Code 2023, is amended to read as
34follows:
35541A.5 Rules.
-850- 11. The commission on community action agencies created
2in section 216A.92A, in consultation with the department of
3administrative services, shall adopt administrative rules to
4administer this chapter.
52. a. The rules adopted by the commission shall include
6but are not limited to provision for transfer of an individual
7development account to a different financial institution than
8originally approved by the administrator department, if the
9different financial institution has an agreement with the
10account’s operating organization.
11b. The rules for determining household income may provide
12categorical eligibility for prospective account holders who are
13enrolled in programs with income eligibility restrictions that
14are equal to or less than the maximum household income allowed
15for payment of a state match under section 541A.3.
16c. Subject to the availability of funding, the commission
17may adopt rules implementing an individual development account
18program for refugees. Rules shall identify purposes authorized
19for withdrawals to meet the special needs of refugee families.
203. The administrator department shall utilize a request for
21proposals process for selection of operating organizations and
22approval of financial institutions.
23 Sec. 1275. Section 541A.6, Code 2023, is amended to read as
24follows:
25541A.6 Compliance with federal requirements.
26The commission on community action agencies shall adopt
27rules for compliance with federal individual development
28account requirements under the federal Personal Responsibility
29and Work Opportunity Reconciliation Act of 1996, §103, as
30codified in 42 U.S.C. §604(h), under the federal Assets
31for Independence Act, Pub.L. No.105-285, Tit.IV, or with
32any other federal individual development account program
33requirements for drawing federal funding. Any rules adopted
34under this section shall not apply the federal individual
35development account program requirements to an operating
-851-1organization which does not utilize federal funding for the
2accounts with which it is connected or to an account holder who
3does not receive temporary assistance for needy families block
4grant or other federal funding.
5 Sec. 1276. Section 541A.7, Code 2023, is amended to read as
6follows:
7541A.7 Individual development account state match fund.
81. An individual development account state match fund
9is created in the state treasury under the authority of the
10administrator department. Notwithstanding section 8.33,
11moneys appropriated to the fund shall not revert to any other
12fund. Notwithstanding section 12C.7, subsection 2, interest
13or earnings on moneys deposited in the fund shall be credited
14to the fund.
152. Moneys available in the fund for a fiscal year are
16appropriated to the administrator department to be used
17to provide the state match for account holder deposits in
18accordance with section 541A.3. At least eighty-five percent
19of the amount appropriated shall be used for state match
20payments and the remainder may be used for the administrative
21costs of the operating organization. Administrative costs
22include but are not limited to accounting services, curriculum
23costs for financial education or asset-specific training, and
24costs for technical assistance contractors.
25 Sec. 1277. Section 589.26, Code 2023, is amended to read as
26follows:
27589.26 Land transfers by the department of health and human
28services legalized.
29Every deed, release or other instrument in writing
30purporting to transfer any interest in land held or claimed by
31the department of health and human services or a predecessor
32agency, which is signed by a departmental official, and which
33was filed of record more than ten years earlier, in the office
34of the auditor or recorder or clerk of the district court of
35any county is legalized and shall be good and valid in law
-852-1and in equity as fully as if the record expressly showed that
2it in all respects complied with and was fully authorized as
3provided in any statute pertaining to such instrument, any
4other provision of law to the contrary notwithstanding.
5 Sec. 1278. Section 595.4, subsection 1, Code 2023, is
6amended to read as follows:
71. Previous to the issuance of any license to marry, the
8parties desiring the license shall sign and file a verified
9application with the county registrar which application
10either may be mailed to the parties at their request or
11may be signed by them at the office of the county registrar
12in the county in which the license is to be issued. The
13application shall include the social security number of each
14applicant and shall set forth at least one affidavit of some
15competent and disinterested person stating the facts as to
16age and qualification of the parties. Upon the filing of the
17application for a license to marry, the county registrar shall
18file the application in a record kept for that purpose and
19shall take all necessary steps to ensure the confidentiality of
20the social security number of each applicant. All information
21included on an application may be provided as mutually agreed
22upon by the division of records and state registrar of vital
23 statistics and the child support recovery unit services,
24including by automated exchange.
25 Sec. 1279. Section 598.7, subsection 1, Code 2023, is
26amended to read as follows:
271. The district court may, on its own motion or on the
28motion of any party, order the parties to participate in
29mediation in any dissolution of marriage action or other
30domestic relations action. Mediation performed under this
31section shall comply with the provisions of chapter 679C.
32The provisions of this section shall not apply if the action
33involves a child support or medical support obligation enforced
34by the child support recovery unit services. The provisions
35of this section shall not apply to actions which involve elder
-853-1abuse pursuant to chapter 235F or domestic abuse pursuant
2to chapter 236. The provisions of this section shall not
3affect a judicial district’s or court’s authority to order
4settlement conferences pursuant to rules of civil procedure.
5The court shall, on application of a party, grant a waiver
6from any court-ordered mediation under this section if the
7party demonstrates that a history of domestic abuse exists as
8specified in section 598.41, subsection 3, paragraph “j”.
9 Sec. 1280. Section 598.21B, subsection 1, paragraphs c and
10d, Code 2023, are amended to read as follows:
11c. It is the intent of the general assembly that, to the
12extent possible within the requirements of federal law, the
13court and the child support recovery unit services consider the
14individual facts of each judgment or case in the application
15of the guidelines and determine the support obligation
16accordingly. It is also the intent of the general assembly
17that in the supreme court’s review of the guidelines, the
18supreme court shall do both of the following:
19(1) Emphasize the ability of a court to apply the guidelines
20in a just and appropriate manner based upon the individual
21facts of a judgment or case.
22(2) In determining monthly child support payments, consider
23other children for whom either parent is legally responsible
24for support and other child support obligations actually paid
25by either party pursuant to a court or administrative order.
26d. The guidelines prescribed by the supreme court shall
27be used by the department of health and human services in
28determining child support payments under sections 252C.2
29and 252C.4. A variation from the guidelines shall not be
30considered by the department without a record or written
31finding, based on stated reasons, that the guidelines would be
32unjust or inappropriate as determined under criteria prescribed
33by the supreme court.
34 Sec. 1281. Section 598.21B, subsection 2, paragraph e, Code
352023, is amended to read as follows:
-854- 1e. Special circumstances justifying variation from
2guidelines. Unless the special circumstances of the case
3justify a deviation, the court or the child support recovery
4unit services shall establish a monthly child support payment
5in accordance with the guidelines for a parent who is nineteen
6years of age or younger, who has not received a high school
7or high school equivalency diploma, and to whom each of the
8following apply:
9(1) The parent is attending a school or program described as
10follows or has been identified as one of the following:
11(a) The parent is in full-time attendance at an accredited
12school and is pursuing a course of study leading to a high
13school diploma.
14(b) The parent is attending an instructional program
15leading to a high school equivalency diploma.
16(c) The parent is attending a career and technical education
17program approved pursuant to chapter 258.
18(d) The parent has been identified by the director of
19special education of the area education agency as a child
20requiring special education as defined in section 256B.2.
21(2) The parent provides proof of compliance with the
22requirements of subparagraph (1) to the child support recovery
23unit services, if the unit child support services is providing
24services under chapter 252B, or if the unit child support
25services is not providing services pursuant to chapter 252B, to
26the court as the court may direct. Failure to provide proof of
27compliance under this subparagraph or proof of compliance under
28section 598.21G is grounds for modification of the support
29order using the uniform child support guidelines and imputing
30an income to the parent equal to a forty-hour workweek at the
31state minimum wage, unless the parent’s education, experience,
32or actual earnings justify a higher income.
33 Sec. 1282. Section 598.21C, subsection 2, paragraph b, Code
342023, is amended to read as follows:
35b. This basis for modification is applicable to petitions
-855-1filed on or after July 1, 1992, notwithstanding whether
2the guidelines prescribed by section 598.21B were used in
3establishing the current amount of support. Upon application
4for a modification of an order for child support for which
5services are being received pursuant to chapter 252B, the
6court shall set the amount of child support based upon the
7most current child support guidelines established pursuant
8to section 598.21B, including provisions for medical support
9pursuant to chapter 252E.The child Child support recovery
10unit services shall, in submitting an application for
11modification, adjustment, or alteration of an order for
12support, employ additional criteria and procedures as provided
13in chapter 252H and as established by rule.
14 Sec. 1283. Section 598.21C, subsections 3, 5, and 7, Code
152023, are amended to read as follows:
163. Applicable law. Unless otherwise provided pursuant to
1728 U.S.C. §1738B, a modification of a support order entered
18under chapter 234, 252A, 252C, 600B, this chapter, or any
19other support chapter or proceeding between parties to the
20order is void unless the modification is approved by the
21court, after proper notice and opportunity to be heard is
22given to all parties to the order, and entered as an order
23of the court. If support payments have been assigned to the
24department of health and human services pursuant to section
25234.39, 239B.6, or 252E.11, or if services are being provided
26pursuant to chapter 252B, the department is a party to the
27support order. Modifications of orders pertaining to child
28custody shall be made pursuant to chapter 598B. If the petition
29for a modification of an order pertaining to child custody asks
30either for joint custody or that joint custody be modified to
31an award of sole custody, the modification, if any, shall be
32made pursuant to section 598.41.
335. Retroactivity of modification. Judgments for child
34support or child support awards entered pursuant to this
35chapter, chapter 234, 252A, 252C, 252F, 600B, or any other
-856-1chapter of the Code which are subject to a modification
2proceeding may be retroactively modified only from three
3months after the date the notice of the pending petition for
4modification is served on the opposing party. The three-month
5limitation applies to a modification action pending on or after
6July 1, 1997. The prohibition of retroactive modification does
7not bar the child support recovery unit services from obtaining
8orders for accrued support for previous time periods. Any
9retroactive modification which increases the amount of child
10support or any order for accrued support under this subsection
11shall include a periodic payment plan. A retroactive
12modification shall not be regarded as a delinquency unless
13there are subsequent failures to make payments in accordance
14with the periodic payment plan.
157. Modification by child support recovery unit
16 services. Notwithstanding any other provision of law to the
17contrary, when an application for modification or adjustment
18of support is submitted by the child support recovery unit
19 services, the sole issues which may be considered by the
20court in that action are the application of the guidelines
21in establishing the amount of support pursuant to section
22598.21B, and provision for medical support under chapter
23252E. When an application for a cost-of-living alteration
24of support is submitted by the child support recovery unit
25 services pursuant to section 252H.24, the sole issue which may
26be considered by the court in the action is the application of
27the cost-of-living alteration in establishing the amount of
28child support. Issues related to custody, visitation, or other
29provisions unrelated to support shall be considered only under
30a separate application for modification.
31 Sec. 1284. Section 598.21G, Code 2023, is amended to read
32as follows:
33598.21G Minor parent — parenting classes.
34In any order or judgment entered under this chapter or
35chapter 234, 252A, 252C, 252F, or 600B, or under any other
-857-1chapter which provides for temporary or permanent support
2payments, if the parent ordered to pay support is less than
3eighteen years of age, one of the following shall apply:
41. If the child support recovery unit services is
5providing services pursuant to chapter 252B, the court, or
6the administrator as defined in section 252C.1, department of
7health and human services shall order the parent ordered to pay
8support to attend parenting classes which are approved by the
9department of health and human services.
102. If the child support recovery unit services is not
11providing services pursuant to chapter 252B, the court may
12order the parent ordered to pay support to attend parenting
13classes which are approved by the court.
14 Sec. 1285. Section 598.22A, subsection 4, Code 2023, is
15amended to read as follows:
164. Payment of accrued support debt due the department of
17health and human services shall be credited pursuant to section
18252B.3, subsection 5.
19 Sec. 1286. Section 598.22B, Code 2023, is amended to read
20as follows:
21598.22B Information required in order or judgment.
22This section applies to all initial or modified orders
23for paternity or support entered under this chapter, chapter
24234, 252A, 252C, 252F, 252H, 252K, or 600B, or under any other
25chapter, and any subsequent order to enforce such support
26orders.
271. All such orders or judgments shall direct each party
28to file with the clerk of court or the child support recovery
29unit services, as appropriate, upon entry of the order, and to
30update as appropriate, information on location and identity of
31the party, including social security number, residential and
32mailing addresses, electronic mail address, telephone number,
33driver’s license number, and name, address, and telephone
34number of the party’s employer. The order shall also include a
35provision that the information filed will be disclosed and used
-858-1pursuant to this section. The party shall file the information
2with the clerk of court, or, if all support payments are to
3be directed to the collection services center as provided in
4section 252B.14, subsection 2, and section 252B.16, with the
5 child support recovery unit services.
62. All such orders or judgments shall include a statement
7that in any subsequent child support action initiated by the
8 child support recovery unit services or between the parties,
9upon sufficient showing that diligent effort has been made to
10ascertain the location of such a party, the unit child support
11services or the court shall deem due process requirements for
12notice and service of process to be met with respect to the
13party, upon delivery of written notice to the most recent
14residential or employer address filed with the clerk of court
15or unit child support services pursuant to subsection 1.
163. a. Information filed pursuant to subsection 1 shall not
17be a public record.
18b. Information filed with the clerk of court pursuant
19to subsection 1 shall be available to the child support
20recovery unit services, upon request. Beginning October 1,
211998, information filed with the clerk of court pursuant to
22subsection 1 shall be provided by the clerk of court to the
23 child support recovery unit services pursuant to section
24252B.24.
25c. Information filed with the clerk of court shall be
26available, upon request, to a party unless the party filing
27the information also files an affidavit alleging the party has
28reason to believe that release of the information may result in
29physical or emotional harm to the affiant or child. However,
30even if an affidavit has been filed, any information provided
31by the clerk of court to the child support recovery unit
32 services shall be disclosed by the unit child support services
33 as provided in section 252B.9.
34d. Information provided to the unit child support services
35 shall only be disclosed as provided in section 252B.9.
-859-1 Sec. 1287. Section 598.23A, subsection 2, paragraph b,
2subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
3to read as follows:
4The contemnor shall keep a record of and provide the
5following information to the court at the court’s request, or
6to the child support recovery unit established pursuant to
7chapter 252B services created in section 252B.2, at the unit’s
8 request of child support services, when the unit child support
9services is providing enforcement services pursuant to chapter
10252B:
11 Sec. 1288. Section 598.23A, subsection 2, paragraph c,
12subparagraph (3), Code 2023, is amended to read as follows:
13(3) The court order under this paragraph shall be vacated
14only after verification is provided to the court that the
15contemnor has satisfied all accrued obligations owing and that
16the contemnor has satisfied all terms established by the court
17and when the person entitled to receive support payments, or
18the child support recovery unit services when the unit child
19support services is providing enforcement services pursuant
20to chapter 252B, has been provided ten days’ notice and an
21opportunity to object.
22 Sec. 1289. Section 598.26, subsection 1, Code 2023, is
23amended to read as follows:
241. Until a decree of dissolution has been entered, the
25record and evidence shall be closed to all but the court,
26its officers, and the child support recovery unit services
27 of the department of health and human services pursuant to
28section 252B.9. However, the payment records of a temporary
29support order maintained by the clerk of the district court
30are public records and may be released upon request. Payment
31records shall not include address or location information. No
32other person shall permit a copy of any of the testimony, or
33pleading, or the substance of any testimony or pleading, to be
34made available to any person other than a party to the action
35or a party’s attorney. Nothing in this subsection shall be
-860-1construed to prohibit publication of the original notice as
2provided by the rules of civil procedure.
3 Sec. 1290. Section 598.34, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5If public assistance is provided by the department of
6health and human services to or on behalf of a dependent child
7or a dependent child’s caretaker, there is an assignment by
8operation of law to the department of any and all rights in,
9title to, and interest in any support obligation, payment, and
10arrearages owed to or for the child or caretaker not to exceed
11the amount of public assistance paid for or on behalf of the
12child or caretaker as follows:
13 Sec. 1291. Section 598.34, subsection 3, Code 2023, is
14amended to read as follows:
153. The clerk shall furnish the department with copies
16of all orders or decrees and temporary or domestic abuse
17orders addressing support when the parties are receiving
18public assistance or services are otherwise provided by the
19 child support recovery unit services pursuant to chapter
20252B.Unless otherwise specified in the order, an equal and
21proportionate share of any child support awarded shall be
22presumed to be payable on behalf of each child subject to the
23order or judgment for purposes of an assignment under this
24section.
25 Sec. 1292. Section 600.2, Code 2023, is amended to read as
26follows:
27600.2 Definitions.
281. “Child”, “parent”, “parent-child relationship”,
29“termination of parental rights”, “biological parent”,
30“stepparent”, “guardian”, “custodian”, “guardian ad litem”,
31“minor”, “adoption service provider”, “certified adoption
32investigator”, “adult”, “agency”, “department”, “court”, and
33“juvenile court” “Adoption service provider”, “adult”, “agency”,
34“biological parent”, “certified adoption investigator”, “child”,
35“court”, “custodian”, “department”, “guardian”, “guardian ad
-861-1litem”, “juvenile court”, “minor”, “parent”, “parent-child
2relationship”, “stepparent”, and “termination of parental rights”
3 mean the same as defined in section 600A.2.
42. “Investigator” means a natural person who is certified or
5approved by the department of human services, after inspection
6by the department of inspections and appeals, as being capable
7of conducting an investigation under section 600.8.
8 Sec. 1293. Section 600.7A, Code 2023, is amended to read as
9follows:
10600.7A Adoption services provided by or through the
11 department of human services — selection of adoptive parent
12criteria.
13The department of human services shall adopt rules which
14provide that if adoption services are provided by or through
15the department, notwithstanding any other selection of
16adoptive parent criteria, the overriding criterion shall be a
17preference for placing a child in a stable home environment as
18expeditiously as possible.
19 Sec. 1294. Section 600.8, subsection 2, paragraph c, Code
202023, is amended to read as follows:
21c. If the person making the investigation does not approve
22a prospective adoption petitioner under paragraph “a” of this
23subsection, the person investigated may appeal the disapproval
24as a contested case to the director of health and human
25services. Judicial review of any adverse decision by the
26director may be sought pursuant to chapter 17A.
27 Sec. 1295. Section 600.16A, subsection 5, Code 2023, is
28amended to read as follows:
295. Notwithstanding subsection 2, a termination of parental
30rights order issued pursuant to this chapter, section 600A.9,
31or any other chapter shall be disclosed to the child support
32recovery unit services, upon request, without court order.
33 Sec. 1296. Section 600.16B, Code 2023, is amended to read
34as follows:
35600.16B Fees.
-862- 1The supreme court shall prescribe and the department of
2human services shall adopt rules, to defray the actual cost of
3the provision of information or the opening of records pursuant
4to section 600.16 or 600.16A.
5 Sec. 1297. Section 600.17, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7The department of human services shall, within the limits of
8funds appropriated to the department of human services and any
9gifts or grants received by the department for this purpose,
10provide financial assistance to any person who adopts a child
11with physical or mental disabilities or an older or otherwise
12hard-to-place child, if the adoptive parent has the capability
13of providing a suitable home for the child but the need for
14special services or the costs of maintenance are beyond the
15economic resources of the adoptive parent.
16 Sec. 1298. Section 600.17, subsection 3, Code 2023, is
17amended to read as follows:
183. The department of human services shall make adoption
19presubsidy and adoption subsidy payments to adoptive parents at
20the beginning of the month for the current month.
21 Sec. 1299. Section 600.18, Code 2023, is amended to read as
22follows:
23600.18 Determination of assistance.
241. Any prospective adoptive parent desiring financial
25assistance shall state this fact in the petition for adoption.
26The department of human services shall investigate the person
27petitioning for adoption and the child and shall file with the
28juvenile court or court a statement of whether the department
29will provide assistance as provided in section 600.17, this
30section, and sections 600.19 through 600.22, the estimated
31amount, extent, and duration of assistance, and any other
32information the juvenile court or court may order.
332. If the department of human services is unable to
34determine that an insurance policy will cover the costs of
35special services, it shall proceed as if no policy existed, for
-863-1the purpose of determining eligibility to receive assistance.
2The department shall, to the amount of financial assistance
3given, be subrogated to the rights of the adoptive parent in
4the insurance contract.
5 Sec. 1300. Section 600.22, Code 2023, is amended to read as
6follows:
7600.22 Rules.
8The department of human services shall adopt rules in
9accordance with the provisions of chapter 17A, which are
10necessary for the administration of sections 600.17 through
11600.21 and 600.23.
12 Sec. 1301. Section 600.23, subsection 1, Code 2023, is
13amended to read as follows:
141. Purpose. The department of human services may enter
15into interstate agreements with state agencies of other states
16for the protection of children on behalf of whom adoption
17subsidy is being provided by the department of human services
18 and to provide procedures for interstate children’s adoption
19assistance payments, including medical payments.
20 Sec. 1302. Section 600.23, subsection 2, paragraphs a and b,
21Code 2023, are amended to read as follows:
22a. The Iowa department of human services may enter into
23interstate agreements with state agencies of other states for
24the provision of medical services to adoptive families who
25participate in the subsidized adoption or adoption assistance
26program.
27b. The Iowa department of human services may develop,
28participate in the development of, negotiate, and enter into
29one or more interstate compacts on behalf of this state with
30other states to implement one or more of the purposes set forth
31in this section. When so entered into, and for so long as it
32shall remain in force, such a compact shall have the force and
33effect of law.
34 Sec. 1303. Section 600.23, subsection 4, paragraphs a, b,
35and c, Code 2023, are amended to read as follows:
-864- 1a. A child with special needs residing in this state who is
2the subject of an adoption assistance agreement with another
3state shall be entitled to receive a medical assistance card
4from this state upon the filing of a certified copy of the
5adoption assistance agreement obtained from the adoption
6assistance state. In accordance with regulations of the Iowa
7 department of human services, the adoptive parents shall be
8required at least annually to show that the agreement is still
9in force or has been renewed.
10b. The Iowa department of human services shall consider the
11holder of a medical assistance card pursuant to this section as
12any other holder of a medical assistance card under the laws
13of this state and shall process and make payment on claims
14on account of such holder in the same manner and pursuant to
15the same conditions and procedures as for other recipients of
16medical assistance.
17c. The Iowa department of human services shall provide
18coverage and benefits for a child who is in another state and
19who is covered by an adoption subsidy agreement made prior
20to July 1, 1987, by the Iowa department of human services
21 for the coverage or benefits, if any, not provided by the
22residence state. The adoptive parents acting for the child may
23submit evidence of payment for services or benefit amounts not
24payable in the residence state and shall be reimbursed for such
25expense. However, reimbursement shall not be made for services
26or benefit amounts covered under any insurance or other third
27party medical contract or arrangement held by the child or the
28adoptive parents. The additional coverages and benefit amounts
29provided pursuant to this subsection shall be for services to
30the cost of which there is no federal contribution, or which,
31if federally aided, are not provided by the residence state.
32Such regulations shall include procedures to be followed in
33obtaining prior approvals for services in those instances where
34required for the assistance.
35 Sec. 1304. Section 600A.2, subsections 5 and 9, Code 2023,
-865-1are amended to read as follows:
25. “Certified adoption investigator” means a person who is
3certified and approved by the department of human services,
4after inspection by the department of inspections and appeals,
5as being capable of conducting an investigation under section
6600.8.
79. “Department” means the state department of health and
8 human services or its subdivisions.
9 Sec. 1305. Section 600A.4, subsection 2, paragraph d,
10subparagraph (2), Code 2023, is amended to read as follows:
11(2) If accepted, the counseling shall be provided after
12the birth of the child and prior to the signing of a release
13of custody or the filing of a petition for termination of
14parental rights as applicable. Counseling shall be provided
15only by a person who is qualified under rules adopted by the
16department of human services which shall include a requirement
17that the person complete a minimum number of hours of training
18in the area of adoption-related counseling approved by the
19department. If counseling is accepted, the counselor shall
20provide an affidavit, which shall be attached to the release of
21custody, when practicable, certifying that the counselor has
22provided the biological parent with the requested counseling
23and documentation that the person is qualified to provide the
24requested counseling as prescribed by this paragraph “d”. The
25requirements of this paragraph “d” do not apply to a release
26of custody which is executed for the purposes of a stepparent
27adoption.
28 Sec. 1306. Section 600A.8, subsection 8, paragraph a, Code
292023, is amended to read as follows:
30a. The parent has been determined to be a person with a
31substance-related substance use disorder as defined in section
32125.2 and the parent has committed a second or subsequent
33domestic abuse assault pursuant to section 708.2A.
34 Sec. 1307. Section 600B.38, subsections 1 and 3, Code 2023,
35are amended to read as follows:
-866- 11. If public assistance is provided by the department of
2health and human services to or on behalf of a dependent child
3or a dependent child’s caretaker, there is an assignment by
4operation of law to the department of any and all rights in,
5title to, and interest in any support obligation, payment, and
6arrearages owed to or on behalf of the child or caretaker, not
7to exceed the amount of public assistance paid for or on behalf
8of the child or caretaker as follows:
9a. For family investment program assistance, section 239B.6
10shall apply.
11b. For foster care services, section 234.39 shall apply.
12c. For medical assistance, section 252E.11 shall apply.
133. The clerk shall furnish the department with copies of
14all orders or decrees and temporary or domestic abuse orders
15addressing support when the parties are receiving public
16assistance or services are otherwise provided by the child
17support recovery unit services. Unless otherwise specified
18in the order, an equal and proportionate share of any child
19support awarded shall be presumed to be payable on behalf of
20each child subject to the order or judgment for purposes of an
21assignment under this section.
22 Sec. 1308. Section 600B.41A, subsection 3, paragraph c,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) If enforcement services are being provided by the
25 child support recovery unit services pursuant to chapter 252B,
26notice shall also be served on the child support recovery unit
27 services.
28 Sec. 1309. Section 600B.41A, subsection 11, Code 2023, is
29amended to read as follows:
3011. Participation of the child support recovery unit
31 services created in section 252B.2 in an action brought under
32this section shall be limited as follows:
33a. The unit Child support services shall only participate
34in actions if services are being provided by the unit child
35support services pursuant to chapter 252B.
-867- 1b. When services are being provided by the unit child
2support services under chapter 252B, the unit child support
3services may enter an administrative order for blood and
4genetic tests pursuant to chapter 252F.
5c. The unit Child support services is not responsible for or
6required to provide for or assist in obtaining blood or genetic
7tests in any case in which services are not being provided by
8the unit child support services.
9d. The unit Child support services is not responsible for
10the costs of blood or genetic testing conducted pursuant to an
11action brought under this section.
12e. Pursuant to section 252B.7, subsection 4, an attorney
13employed by the unit child support services represents the
14state in any action under this section. The unit’s Child
15support services’ attorney is not the legal representative of
16the mother, the established father, or the child in any action
17brought under this section.
18 Sec. 1310. Section 600C.1, subsection 3, paragraph c,
19subparagraph (2), subparagraph division (f), Code 2023, is
20amended to read as follows:
21(f) Drug abuse Substance use disorder.
22 Sec. 1311. Section 602.4201, subsection 3, paragraph h,
23Code 2023, is amended to read as follows:
24h. Involuntary commitment or treatment of persons with
25substance-related disorders a substance use disorder.
26 Sec. 1312. Section 602.6111, subsection 2, Code 2023, is
27amended to read as follows:
282. Any party, except the child support recovery unit
29 services, filing a petition, complaint, answer, appearance,
30first motion, or any document with the clerk of the district
31court to establish or modify an order for child support
32under chapter 236, 252A, 252K, 598, or 600B shall provide the
33clerk of the district court with the date of birth and social
34security number of the child.
35 Sec. 1313. Section 602.6405, subsection 2, paragraph b,
-868-1Code 2023, is amended to read as follows:
2b. Magistrates shall forward copies of citations issued
3for violations of section 453A.2, subsection 2, and of their
4dispositions to the clerk of the district court. The clerk of
5the district court shall maintain records of citations issued
6and the dispositions of citations, and shall forward a copy of
7the records to the Iowa department of public health and human
8services.
9 Sec. 1314. Section 602.8102, subsections 33, 43, and 47,
10Code 2023, are amended to read as follows:
1133. Furnish to the Iowa department of public health and
12human services a certified copy of a judgment relating to the
13suspension or revocation of a professional license.
1443. Submit to the director of the division of child and
15family services of the department of health and human services
16a duplicate of the findings of the court related to adoptions
17as provided in section 235.3, subsection 7.
1847. Record support payments made pursuant to an order
19entered under chapter 252A, 252F, 598, or 600B, or under a
20comparable statute of another state or foreign country as
21defined in chapter 252K, and through setoff of a state or
22federal income tax refund or rebate, as if the payments were
23received and disbursed by the clerk; forward support payments
24received under section 252A.6 to the department of health
25and human services and furnish copies of orders and decrees
26awarding support to parties receiving welfare public assistance
27as provided in section 252A.13.
28 Sec. 1315. Section 602.8103, subsection 4, paragraph j,
29Code 2023, is amended to read as follows:
30j. Court reporters’ notes and certified transcripts of
31those notes in mental health hearings under section 229.12 and
32substance abuse use disorder hearings under section 125.82,
33ninety days after the respondent has been discharged from
34involuntary custody.
35 Sec. 1316. Section 602.8107, subsection 5, paragraph b,
-869-1subparagraph (5), Code 2023, is amended to read as follows:
2(5) A drug abuse resistance substance use disorder
3 education surcharge.
4 Sec. 1317. Section 602.8108, subsection 3, Code 2023, is
5amended to read as follows:
63. The clerk of the district court shall remit to the
7state court administrator, not later than the fifteenth day of
8each month, all moneys collected from the surcharge provided
9in section 911.1 during the preceding calendar month. The
10state court administrator shall allocate and deposit each
11month forty-six percent in the juvenile detention home fund in
12section 232.142, thirty-two percent in the victim compensation
13fund established in section 915.94, twenty percent in the
14criminalistics laboratory fund established in section 691.9,
15and two percent in the drug abuse resistance substance use
16disorder education fund established in section 80E.4.
17 Sec. 1318. Section 613.17, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. A person or entity that owns, manages, or is otherwise
20responsible for the premises on which an automated external
21defibrillator is located if the person or entity maintains the
22automated external defibrillator in a condition for immediate
23and effective use at all times, subject to standards developed
24by the department of public health and human services by rule.
25 Sec. 1319. Section 622.10, subsection 6, paragraph a, Code
262023, is amended to read as follows:
27a. The fee charged for the cost of producing the requested
28records or images shall be based upon the actual cost
29of production. If the written request and accompanying
30patient’s waiver, if required, authorizes the release of
31all of the patient’s records for the requested time period,
32including records relating to the patient’s mental health,
33substance abuse use disorder, and acquired immune deficiency
34syndrome-related conditions, the amount charged shall not
35exceed the rates established by the workers’ compensation
-870-1commissioner for copies of records in workers’ compensation
2cases. If requested, the provider shall include an affidavit
3certifying that the records or images produced are true and
4accurate copies of the originals for an additional fee not to
5exceed ten dollars.
6 Sec. 1320. Section 622A.7, Code 2023, is amended to read as
7follows:
8622A.7 Rules.
9The supreme court, after consultation with the department
10of health and human rights services and other appropriate
11departments, shall adopt rules governing the qualifications and
12compensation of interpreters or translators appearing in legal
13proceedings under this chapter. However, an administrative
14agency which is subject to chapter 17A may adopt rules
15differing from those of the supreme court governing the
16qualifications and compensation of interpreters or translators
17appearing in proceedings before that agency.
18 Sec. 1321. Section 622B.1, subsection 2, Code 2023, is
19amended to read as follows:
202. The supreme court, after consultation with the
21department of health and human rights services, shall adopt
22rules governing the qualifications and compensation of sign
23language interpreters appearing in a legal proceeding or before
24an administrative agency under this chapter. However, an
25administrative agency which is subject to chapter 17A may adopt
26rules differing from those of the supreme court governing the
27qualifications and compensation of sign language interpreters
28appearing in proceedings before that agency.
29 Sec. 1322. Section 622B.4, Code 2023, is amended to read as
30follows:
31622B.4 List.
32The office of deaf services of the department of health
33and human rights services shall prepare and continually
34update a listing of qualified and available sign language
35interpreters. The courts and administrative agencies shall
-871-1maintain a directory of qualified interpreters for deaf and
2hard-of-hearing persons as furnished by the department of
3health and human rights services. The office of deaf services
4of the department of health and human services shall maintain
5a list of sign language interpreters which shall be made
6available to a court, administrative agency, or interested
7parties to an action using the services of a sign language
8interpreter.
9 Sec. 1323. Section 626.29, Code 2023, is amended to read as
10follows:
11626.29 Distress warrant by director of revenue, director of
12inspections and appeals, or director of workforce development.
13In the service of a distress warrant issued by the director
14of revenue for the collection of taxes administered by or debts
15to be collected by the department of revenue, in the service of
16a distress warrant issued by the director of inspections and
17appeals for the collection of overpayment debts owed to the
18department of health and human services, or in the service of a
19distress warrant issued by the director of the department of
20workforce development for the collection of employment security
21contributions, the property of the taxpayer or the employer in
22the possession of another, or debts due the taxpayer or the
23employer, may be reached by garnishment.
24 Sec. 1324. Section 633.231, Code 2023, is amended to read
25as follows:
26633.231 Notice in intestate estates — medical assistance
27claims.
281. Upon opening administration of an intestate estate,
29the administrator shall, in accordance with section 633.410,
30provide by electronic transmission on a form approved by
31the department of health and human services to the entity
32designated by the department of health and human services,
33a notice of opening administration of the estate and of
34the appointment of the administrator, which shall include a
35notice to file claims with the clerk or to provide electronic
-872-1notification to the administrator that the department has no
2claim within six months from the date of sending this notice,
3or thereafter be forever barred.
42. The notice shall be in substantially the following form:
5In the District Court of Iowa
6in and for ..... County.
7In the Estate ofProbate No.....
8....., Deceased
9NOTICE OF OPENING
10ADMINISTRATION OF
11ESTATE, OF APPOINTMENT OF
12ADMINISTRATOR, AND
13NOTICE TO CREDITOR
14To the Department of Health and Human Services Who May Be
15Interested in the Estate of ....., Deceased, who died on or
16about ...... (date):
17You are hereby notified that on the .. day of ... (month),
18... (year), an intestate estate was opened in the above-named
19court and that ..... was appointed administrator of the
20estate.
21You are further notified that the birthdate of the
22deceased is ... and the deceased’s social security number
23is ...-...-.... The name of the spouse is ......... The
24birthdate of the spouse is ... and the spouse’s social
25security number is ...-...-...., and that the spouse of the
26deceased is alive as of the date of this notice, or deceased as
27of ...... (date).
28You are further notified that the deceased was/was not a
29disabled or a blind child of the medical assistance recipient
30by the name of ....., who had a birthdate of ... and a social
31security number of ...-...-...., and the medical assistance
32debt of that medical assistance recipient was waived pursuant
33to section 249A.53, subsection 2, paragraph “a”, subparagraph
34(1), and is now collectible from this estate pursuant to
35section 249A.53, subsection 2, paragraph “b”.
-873- 1Notice is hereby given that if the department of health
2and human services has a claim against the estate for the
3deceased person or persons named in this notice, the claim
4shall be filed with the clerk of the above-named district
5court, as provided by law, duly authenticated, for allowance,
6within six months from the date of sending this notice and,
7unless otherwise allowed or paid, the claim is thereafter
8forever barred. If the department does not have a claim, the
9department shall return the notice to the administrator with
10notification stating the department does not have a claim
11within six months from the date of sending this notice.
12Dated this .. day of ... (month), ... (year)
13....................
14Administrator of the estate
15....................
16Address
17....................
18Attorney for the administrator
19....................
20Address
21 Sec. 1325. Section 633.304A, Code 2023, is amended to read
22as follows:
23633.304A Notice of probate of will — medical assistance
24claims.
251. On admission of a will to probate, the executor shall,
26in accordance with section 633.410, provide by electronic
27transmission on a form approved by the department of health and
28 human services to the entity designated by the department of
29health and human services, a notice of admission of the will
30to probate and of the appointment of the executor, which shall
31include a notice to file claims with the clerk or to provide
32electronic notification to the executor that the department
33has no claim within six months of sending this notice, or
34thereafter be forever barred.
352. The notice shall be in substantially the following form:
-874-1In the District Court of Iowa
2in and for ..... County.
3Probate No. ....
4In the Estate ofNOTICE OF PROBATE OF WILL,
5....., DeceasedOF APPOINTMENT OF
6EXECUTOR, AND
7NOTICE TO CREDITORS
8To the Department of Health and Human Services, Who May Be
9Interested in the Estate of ....., Deceased, who died on or
10about ...... (date):
11You are hereby notified that on the .. day of ...(month),
12...(year), the last will and testament of ......, deceased,
13bearing date of the .. day of ... (month), ... (year) was
14admitted to probate in the above-named court and that ......
15was appointed executor of the estate.
16You are further notified that the birthdate of the
17deceased is ... and the deceased’s social security number is
18...-...-.... The name of the spouse is ...... The birthdate
19of the spouse is ... and the spouse’s social security number
20is ...-...-...., and that the spouse of the deceased is alive
21as of the date of this notice, or deceased as of ..... (date).
22You are further notified that the deceased was/was not a
23disabled or a blind child of the medical assistance recipient
24by the name of ......, who had a birthdate of .... and a social
25security number of ...-...-...., and the medical assistance
26debt of that medical assistance recipient was waived pursuant
27to section 249A.53, subsection 2, paragraph “a”, subparagraph
28(1), and is now collectible from this estate pursuant to
29section 249A.53, subsection 2, paragraph “b”.
30Notice is hereby given that if the department of health
31and human services has a claim against the estate for the
32deceased person or persons named in this notice, the claim
33shall be filed with the clerk of the above-named district
34court, as provided by law, duly authenticated, for allowance
35within six months from the date of sending this notice and,
-875-1unless otherwise allowed or paid, the claim is thereafter
2forever barred. If the department does not have a claim,
3the department shall return the notice to the executor with
4notification that the department does not have a claim within
5six months from the date of sending this notice.
6Dated this .. day of ... (month), ... (year)
7......
8Executor of estate
9........
10Address
11......
12Attorney for executor
13........
14Address
15 Sec. 1326. Section 633.336, Code 2023, is amended to read
16as follows:
17633.336 Damages for wrongful death.
18When a wrongful act produces death, damages recovered as a
19result of the wrongful act shall be disposed of as personal
20property belonging to the estate of the deceased; however, if
21the damages include damages for loss of services and support
22of a deceased spouse, parent, or child, the damages shall be
23apportioned by the court among the surviving spouse, children,
24and parents of the decedent in a manner as the court may deem
25equitable consistent with the loss of services and support
26sustained by the surviving spouse, children, and parents
27respectively. Any recovery by a parent for the death of a
28child shall be subordinate to the recovery, if any, of the
29spouse or a child of the decedent. If the decedent leaves
30a spouse, child, or parent, damages for wrongful death shall
31not be subject to debts and charges of the decedent’s estate,
32except for amounts to be paid to the department of health
33and human services for payments made for medical assistance
34pursuant to chapter 249A, paid on behalf of the decedent from
35the time of the injury which gives rise to the decedent’s death
-876-1up until the date of the decedent’s death.
2 Sec. 1327. Section 633.356, subsection 3, paragraph a,
3subparagraph (9), Code 2023, is amended to read as follows:
4(9) That no debt is owed to the department of health and
5 human services for reimbursement of Medicaid benefits; or if
6debt is owed, that the debt will be paid to the extent of funds
7received pursuant to the affidavit.
8 Sec. 1328. Section 633.356, subsection 8, paragraph b, Code
92023, is amended to read as follows:
10b. When the department of health and human services is
11entitled to money or property of a decedent pursuant to section
12249A.53, subsection 2, and no affidavit has been presented by
13a successor as defined in subsection 2, paragraph “a” or “b”,
14within ninety days of the date of the decedent’s death, the
15funds in the account or other property, up to the amount of
16the claim of the department, shall be paid to the department
17upon presentation by the department or an entity designated by
18the department of an affidavit to the holder of the decedent’s
19property. Such affidavit shall include the information
20specified in subsection 3, except that the department may
21submit proof of payment of funeral expenses as verification
22of the decedent’s death instead of a certified copy of the
23decedent’s death certificate. The amount of the department’s
24claim shall also be included in the affidavit, which shall
25entitle the department to receive the funds as a successor.
26The department shall issue a refund within sixty days to any
27claimant with a superior priority pursuant to section 633.425,
28if notice of such claim is given to the department, or to the
29entity designated by the department to receive notice, within
30one year of the department’s receipt of funds. This paragraph
31shall apply to funds or property of the decedent transferred
32to the custody of the treasurer of state as unclaimed property
33pursuant to chapter 556.
34 Sec. 1329. Section 633.410, subsection 2, Code 2023, is
35amended to read as follows:
-877- 12. Notwithstanding subsection 1, claims for debts created
2under section 249A.53, subsection 2, relating to the recovery
3of medical assistance payments shall be barred under this
4section unless filed with the clerk within six months after
5sending notice by electronic transmission, on the form
6prescribed in section 633.231 for intestate estates or on the
7form prescribed in section 633.304A for testate estates, to
8the entity designated by the department of health and human
9services to receive notice.
10 Sec. 1330. Section 633.564, subsection 3, Code 2023, is
11amended to read as follows:
123. The judicial branch, in conjunction with the department
13of public safety, the department of health and human services,
14and the state chief information officer, shall establish
15procedures for electronic access to the single contact
16repository established pursuant to section 135C.33 necessary to
17conduct background checks requested under subsection 1.
18 Sec. 1331. Section 633.641, subsection 4, Code 2023, is
19amended to read as follows:
204. The conservator shall report to the department of health
21and human services the protected person’s assets and income,
22if the protected person is receiving medical assistance under
23chapter 249A. Such reports shall be made upon establishment of
24a conservatorship for an individual applying for or receiving
25medical assistance, upon application for benefits on behalf
26of the protected person, upon annual or semiannual review of
27continued medical assistance eligibility, when any significant
28change in the protected person’s assets or income occurs, or
29as otherwise requested by the department of health and human
30services. Written reports shall be provided to the department
31of health and human services office for the county in which the
32protected person resides or the office in which the protected
33person’s medical assistance is administered.
34 Sec. 1332. Section 633B.120, subsection 2, paragraph f,
35Code 2023, is amended to read as follows:
-878- 1f. The person makes, or has actual knowledge that another
2person has made, a report to the department of health and human
3services stating a good-faith belief that the principal may be
4subject to physical or financial abuse, neglect, exploitation,
5or abandonment by the agent or a person acting for or with the
6agent.
7 Sec. 1333. Section 633C.1, Code 2023, is amended to read as
8follows:
9633C.1 Definitions.
10For purposes of this chapter, unless the context otherwise
11requires:
121. “Available monthly income” means in reference to a
13medical assistance income trust beneficiary, any income
14received directly by the beneficiary, not from the trust,
15that counts as income in determining eligibility for medical
16assistance and any amounts paid to or otherwise made available
17to the beneficiary by the trustee pursuant to section 633C.3,
18subsection 1, paragraph “b”, or section 633C.3, subsection 2,
19paragraph “b”.
202. “Beneficiary” means the original beneficiary of a medical
21assistance special needs trust or medical assistance income
22trust, whose assets funded the trust.
233. “Department” means the department of health and human
24services.
253. 4. “Institutionalized individual” means an individual
26receiving nursing facility services, a level of care in any
27institution equivalent to nursing facility services, or home
28and community-based services under the medical assistance home
29and community-based services waiver program.
304. 5. “Maximum monthly medical assistance payment rate for
31services in an intermediate care facility for persons with an
32intellectual disability” means the allowable rate established by
33the department of human services and as published in the Iowa
34administrative bulletin.
355. 6. “Medical assistance” means medical assistance as
-879-1defined in section 249A.2.
26. 7. “Medical assistance income trust” means a trust or
3similar legal instrument or device that meets the criteria of
442 U.S.C. §1396p(d)(4)(B)(i)-(ii).
57. 8. “Medical assistance special needs trust” means a trust
6or similar legal instrument or device that meets the criteria
7of 42 U.S.C. §1396p(d)(4)(A) or (C).
88. 9. “Statewide average charge for state mental health
9institute care” means the statewide average charge for such
10care as calculated by the department of human services and as
11published in the Iowa administrative bulletin.
129. 10. “Statewide average charge for nursing facility
13services” means the statewide average charge for such care,
14excluding charges by Medicare-certified, skilled nursing
15facilities, as calculated by the department of human services
16 and as published in the Iowa administrative bulletin.
1710. 11. “Statewide average charge to private-pay patients
18for psychiatric medical institutions for children care” means
19the statewide average charge for such care as calculated by
20the department of human services and as published in the Iowa
21administrative bulletin.
2211. 12. “Total monthly income” means in reference to a
23medical assistance income trust beneficiary, income received
24directly by the beneficiary, not from the trust, that counts
25as income in determining eligibility for medical assistance,
26income of the beneficiary received by the trust that would
27otherwise count as income in determining the beneficiary’s
28eligibility for medical assistance, and income or earnings of
29the trust received by the trust.
30 Sec. 1334. Section 633C.5, Code 2023, is amended to read as
31follows:
32633C.5 Cooperation.
331. The department of human services shall cooperate with
34the trustee of a medical assistance special needs trust or a
35medical assistance income trust in determining the appropriate
-880-1disposition of the trust under sections 633C.2 and 633C.3.
22. The trustee of a medical assistance special needs trust
3or medical assistance income trust shall cooperate with the
4department of human services in supplying information regarding
5a trust established under this chapter.
6 Sec. 1335. Section 642.2, subsection 4, Code 2023, is
7amended to read as follows:
84. Notwithstanding subsections 2, 3, 6, and 7, any moneys
9owed to the child support obligor by the state, with the
10exception of unclaimed property held by the treasurer of
11state pursuant to chapter 556, and payments owed to the child
12support obligor through the Iowa public employees’ retirement
13system are subject to garnishment, attachment, execution, or
14assignment by the child support recovery unit services if the
15 child support recovery unit services is providing enforcement
16services pursuant to chapter 252B. Any moneys that are
17determined payable by the treasurer pursuant to section 556.20,
18subsection 2, to the child support obligor shall be subject
19to setoff pursuant to section 8A.504, notwithstanding any
20administrative rule pertaining to the child support recovery
21unit services limiting the amount of the offset.
22 Sec. 1336. Section 669.2, subsection 4, paragraph a, Code
232023, is amended to read as follows:
24a. “Employee of the state” includes any one or more
25officers, agents, or employees of the state or any state
26agency, including members of the general assembly, and persons
27acting on behalf of the state or any state agency in any
28official capacity, temporarily or permanently in the service of
29the state of Iowa, whether with or without compensation, but
30does not include a contractor doing business with the state.
31Professional personnel, including physicians, osteopathic
32physicians and surgeons, osteopathic physicians, optometrists,
33dentists, nurses, physician assistants, and other medical
34personnel, who render services to patients or inmates of state
35institutions under the jurisdiction of the department of health
-881-1and human services or the Iowa department of corrections,
2and employees of the department of veterans affairs, are to
3be considered employees of the state, whether the personnel
4are employed on a full-time basis or render services on
5a part-time basis on a fee schedule or other arrangement.
6Criminal defendants while performing unpaid community service
7ordered by the district court, board of parole, or judicial
8district department of correctional services, or an inmate
9providing services pursuant to a chapter 28E agreement entered
10into pursuant to section 904.703, and persons supervising
11those inmates under and according to the terms of the chapter
1228E agreement, are to be considered employees of the state.
13Members of the Iowa national guard performing duties in
14a requesting state pursuant to section 29C.21 are to be
15considered employees of the state solely for the purpose of
16claims arising out of those duties in the event that the
17requesting state’s tort claims coverage does not extend to
18such members of the Iowa national guard or is less than that
19provided under Iowa law.
20 Sec. 1337. Section 674.3, Code 2023, is amended to read as
21follows:
22674.3 Petition copy.
23A copy of the petition shall be filed by the clerk of court
24with the division for records and state registrar of vital
25 statistics of the Iowa department of public health and human
26services.
27 Sec. 1338. Section 674.7, Code 2023, is amended to read as
28follows:
29674.7 Copy to Iowa department of public health and human
30services.
31When the court grants a decree of change of name, the clerk
32of the court shall furnish the petitioner with a certified copy
33of the decree and mail an abstract of a decree requiring a name
34change to be reflected on a birth certificate to the state
35registrar of vital statistics of the Iowa department of public
-882-1 health and human services on a form provided by the state
2registrar.
3 Sec. 1339. Section 686D.2, subsection 11, paragraph e, Code
42023, is amended to read as follows:
5e. Any state agency, including the department of public
6 health and human services.
7 Sec. 1340. Section 691.5, Code 2023, is amended to read as
8follows:
9691.5 State medical examiner.
10The office and position of state medical examiner is
11established for administrative purposes within the Iowa
12 department of public health and human services. Other state
13agencies shall cooperate with the state medical examiner in
14the use of state-owned facilities when appropriate for the
15performance of nonadministrative duties of the state medical
16examiner. The state medical examiner shall be a physician
17and surgeon or osteopathic physician and surgeon, be licensed
18to practice medicine in the state of Iowa, and be board
19certified or eligible to be board certified in anatomic and
20forensic pathology by the American board of pathology. The
21state medical examiner shall be appointed by and serve at the
22pleasure of the director of public health and human services
23 upon the advice of and in consultation with the director of
24public safety and the governor. The state medical examiner,
25in consultation with the director of public health and human
26services, shall be responsible for developing and administering
27the medical examiner’s budget and for employment of medical
28examiner staff and assistants. The state medical examiner
29may be a faculty member of the university of Iowa college of
30medicine or the college of law at the university of Iowa, and
31any of the examiner’s assistants or staff may be members of the
32faculty or staff of the university of Iowa college of medicine
33or the college of law at the university of Iowa.
34 Sec. 1341. Section 691.6, subsection 3, Code 2023, is
35amended to read as follows:
-883- 13. To adopt rules pursuant to chapter 17A and subject to the
2approval of the director of public health and human services.
3 Sec. 1342. Section 691.6, subsection 10, Code 2023, is
4amended by striking the subsection.
5 Sec. 1343. Section 691.6A, Code 2023, is amended to read as
6follows:
7691.6A Deputy state medical examiner — creation and duties.
8The position of deputy state medical examiner is created
9within the office of the state medical examiner. The deputy
10state medical examiner shall report to and be responsible to
11the state medical examiner. The deputy state medical examiner
12shall meet the qualification criteria established in section
13691.5 for the state medical examiner and shall be subject to
14rules adopted by the state medical examiner as provided in
15section 691.6, subsection 3. The state medical examiner and
16the deputy state medical examiner shall function as a team,
17providing peer review as necessary, fulfilling each other’s job
18responsibilities during times of absence, and working jointly
19to provide services and education to county medical examiners,
20law enforcement officials, hospital pathologists, and other
21individuals and entities. The deputy medical examiner may
22be, but is not required to be, a full-time salaried faculty
23member of the department of pathology of the university of Iowa
24college of medicine. If the medical examiner is a full-time
25salaried faculty member of the department of pathology of the
26university of Iowa college of medicine, the Iowa department
27of public health and human services and the state board of
28regents shall enter into a chapter 28E agreement to define the
29activities and functions of the deputy medical examiner, and
30to allocate deputy medical examiner costs, consistent with the
31requirements of this section.
32 Sec. 1344. Section 691.6B, subsection 1, paragraph b, Code
332023, is amended to read as follows:
34b. Advise the state medical examiner concerning the
35assurance of effective coordination of the functions and
-884-1operations of the office of the state medical examiner with the
2needs and interests of the departments of public safety and
3public health and human services.
4 Sec. 1345. Section 691.6B, subsection 2, paragraph c, Code
52023, is amended to read as follows:
6c. The director of public health and human services or the
7director’s designee.
8 Sec. 1346. Section 691.7, Code 2023, is amended to read as
9follows:
10691.7 Commissioner to accept federal or private grants.
11The commissioner of public safety may accept federal
12or private funds or grants to aid in the establishment or
13operation of the state criminalistics laboratory, and the
14director of public health and human services or the state board
15of regents may accept federal or private funds or grants to
16aid in the establishment or operation of the position of state
17medical examiner.
18 Sec. 1347. Section 692.15, subsection 1, Code 2023, is
19amended to read as follows:
201. If it comes to the attention of a sheriff, police
21department, or other law enforcement agency that a public
22offense or delinquent act has been committed in its
23jurisdiction, the law enforcement agency shall report
24information concerning the public offense or delinquent act to
25the department on a form to be furnished by the department not
26more than thirty-five days from the time the public offense
27or delinquent act first comes to the attention of the law
28enforcement agency. The reports shall be used to generate
29crime statistics. The department shall submit statistics to
30the governor, the general assembly, and the division of subunit
31of the department of health and human services responsible for
32 criminal and juvenile justice planning of the department of
33human rights on a quarterly and yearly basis.
34 Sec. 1348. Section 707.6A, subsection 1D, Code 2023, is
35amended to read as follows:
-885- 11D. Where the program is available and appropriate for
2the defendant, the court shall also order the defendant to
3participate in a reality education substance abuse use disorder
4 prevention program as provided in section 321J.24.
5 Sec. 1349. Section 708.3A, subsections 1, 2, 3, and 4, Code
62023, are amended to read as follows:
71. A person who commits an assault, as defined in section
8708.1, against a peace officer, jailer, correctional staff,
9member or employee of the board of parole, health care
10provider, employee of the department of health and human
11services, employee of the department of revenue, national
12guard member engaged in national guard duty or state active
13duty, civilian employee of a law enforcement agency, civilian
14employee of a fire department, or fire fighter, whether paid
15or volunteer, with the knowledge that the person against
16whom the assault is committed is a peace officer, jailer,
17correctional staff, member or employee of the board of parole,
18health care provider, employee of the department of health and
19 human services, employee of the department of revenue, national
20guard member engaged in national guard duty or state active
21duty, civilian employee of a law enforcement agency, civilian
22employee of a fire department, or fire fighter and with the
23intent to inflict a serious injury upon the peace officer,
24jailer, correctional staff, member or employee of the board
25of parole, health care provider, employee of the department
26of health and human services, employee of the department of
27revenue, national guard member engaged in national guard duty
28or state active duty, civilian employee of a law enforcement
29agency, civilian employee of a fire department, or fire
30fighter, is guilty of a class “D” felony.
312. A person who commits an assault, as defined in section
32708.1, against a peace officer, jailer, correctional staff,
33member or employee of the board of parole, health care
34provider, employee of the department of health and human
35services, employee of the department of revenue, national
-886-1guard member engaged in national guard duty or state active
2duty, civilian employee of a law enforcement agency, civilian
3employee of a fire department, or fire fighter, whether paid
4or volunteer, who knows that the person against whom the
5assault is committed is a peace officer, jailer, correctional
6staff, member or employee of the board of parole, health care
7provider, employee of the department of health and human
8services, employee of the department of revenue, national
9guard member engaged in national guard duty or state active
10duty, civilian employee of a law enforcement agency, civilian
11employee of a fire department, or fire fighter and who uses or
12displays a dangerous weapon in connection with the assault, is
13guilty of a class “D” felony.
143. A person who commits an assault, as defined in section
15708.1, against a peace officer, jailer, correctional staff,
16member or employee of the board of parole, health care
17provider, employee of the department of health and human
18services, employee of the department of revenue, national
19guard member engaged in national guard duty or state active
20duty, civilian employee of a law enforcement agency, civilian
21employee of a fire department, or fire fighter, whether paid
22or volunteer, who knows that the person against whom the
23assault is committed is a peace officer, jailer, correctional
24staff, member or employee of the board of parole, health care
25provider, employee of the department of health and human
26services, employee of the department of revenue, national
27guard member engaged in national guard duty or state active
28duty, civilian employee of a law enforcement agency, civilian
29employee of a fire department, or fire fighter, and who causes
30bodily injury or mental illness, is guilty of an aggravated
31misdemeanor.
324. Any other assault, as defined in section 708.1, committed
33against a peace officer, jailer, correctional staff, member
34or employee of the board of parole, health care provider,
35employee of the department of health and human services,
-887-1employee of the department of revenue, national guard member
2engaged in national guard duty or state active duty, civilian
3employee of a law enforcement agency, civilian employee of a
4fire department, or fire fighter, whether paid or volunteer,
5by a person who knows that the person against whom the assault
6is committed is a peace officer, jailer, correctional staff,
7member or employee of the board of parole, health care
8provider, employee of the department of health and human
9services, employee of the department of revenue, national
10guard member engaged in national guard duty or state active
11duty, civilian employee of a law enforcement agency, civilian
12employee of a fire department, or fire fighter, is a serious
13misdemeanor.
14 Sec. 1350. Section 708.3A, subsection 5, paragraph b, Code
152023, is amended to read as follows:
16b. “Employee of the department of health and human services”
17means a person who is an employee of an institution controlled
18by the director of health and human services that is listed in
19section 218.1, or who is an employee of the civil commitment
20unit for sex offenders operated by the department of health and
21 human services. A person who commits an assault under this
22section against an employee of the department of health and
23 human services at a department of health and human services
24institution or unit is presumed to know that the person against
25whom the assault is committed is an employee of the department
26of health and human services.
27 Sec. 1351. Section 709.16, subsection 2, paragraph b,
28subparagraphs (2) and (5), Code 2023, are amended to read as
29follows:
30(2) Institutions controlled by the department of health and
31 human services listed in section 218.1.
32(5) Facilities for the treatment of persons with
33substance-related disorders a substance use disorder as defined
34in section 125.2.
35 Sec. 1352. Section 710.8, subsection 3, Code 2023, is
-888-1amended to read as follows:
23. A person shall not harbor a runaway child with the intent
3of allowing the runaway child to remain away from home against
4the wishes of the child’s parent, guardian, or custodian.
5However, the provisions of this subsection do not apply to
6a shelter care home which is licensed or approved by the
7department of health and human services.
8 Sec. 1353. Section 710A.7, Code 2023, is amended to read as
9follows:
10710A.7 Peace officer referral.
11If during the course of an investigation or prosecution
12under this chapter a peace officer has reason to believe that
13a person who purports to be licensed pursuant to chapter 152C
14or 157 does not possess a valid license or is in violation of
15any other state or federal laws, the peace officer may report
16such noncompliance to the appropriate licensing board under
17the professional licensure division within the department of
18public health and human services, and to the appropriate state
19or federal authorities.
20 Sec. 1354. Section 714G.8, subsection 5, Code 2023, is
21amended to read as follows:
225. The department of health and human services or its agents
23or assignees acting to investigate fraud under the medical
24assistance program.
25 Sec. 1355. Section 715A.11, subsection 5, Code 2023, is
26amended to read as follows:
275. A person who violates this section is guilty of a simple
28misdemeanor for a first offense and a serious misdemeanor for
29each subsequent offense. The court may require a substance
30abuse use disorder evaluation and treatment through a program
31licensed by the Iowa department of public health and human
32services in lieu of or in addition to other penalties. Any
33substance abuse use disorder evaluation required under this
34subsection shall be completed at the expense of the defendant.
35 Sec. 1356. Section 724.31, subsection 2, Code 2023, is
-889-1amended to read as follows:
22. A person who is subject to the disabilities imposed
3by 18 U.S.C. §922(d)(4) and (g)(4) because of an order or
4judgment that occurred under the laws of this state may
5petition the court that issued the order or judgment or the
6court in the county where the person resides for relief from
7the disabilities imposed under 18 U.S.C. §922(d)(4) and (g)(4).
8A copy of the petition shall also be served on the director of
9health and human services and the county attorney at the county
10attorney’s office of the county in which the original order
11occurred, and the director or the county attorney may appear,
12support, object to, and present evidence relevant to the relief
13sought by the petitioner.
14 Sec. 1357. Section 725.1, subsection 1, paragraph b, Code
152023, is amended to read as follows:
16b. If the person who sells or offers for sale the person’s
17services as a partner in a sex act is under the age of eighteen,
18the county attorney may elect, in lieu of filing a petition
19alleging that the person has committed a delinquent act,
20to refer that person to the department of health and human
21services for the possible filing of a petition alleging that
22the person is a child in need of assistance.
23 Sec. 1358. Section 730.5, subsection 1, paragraph g, Code
242023, is amended to read as follows:
25g. “Medical review officer” means a licensed physician,
26osteopathic physician, chiropractor, nurse practitioner, or
27physician assistant authorized to practice in any state of the
28United States, who is responsible for receiving laboratory
29results generated by an employer’s drug or alcohol testing
30program, and who has knowledge of substance abuse use disorders
31and has appropriate medical training to interpret and evaluate
32an individual’s confirmed positive test result together
33with the individual’s medical history and any other relevant
34biomedical information.
35 Sec. 1359. Section 730.5, subsection 3, Code 2023, is
-890-1amended to read as follows:
23. Testing optional. This section does not require or
3create a legal duty on an employer to conduct drug or alcohol
4testing and the requirements of this section shall not be
5construed to encourage, discourage, restrict, limit, prohibit,
6or require such testing. In addition, an employer may
7implement and require drug or alcohol testing at some but not
8all of the work sites of the employer and the requirements of
9this section shall only apply to the employer and employees who
10are at the work sites where drug or alcohol testing pursuant to
11this section has been implemented. A cause of action shall not
12arise in favor of any person against an employer or agent of an
13employer based on the failure of the employer to establish a
14program or policy on substance abuse use disorder prevention
15or to implement any component of testing as permitted by this
16section.
17 Sec. 1360. Section 730.5, subsection 7, paragraph f, Code
182023, is amended to read as follows:
19f. All confirmatory drug testing shall be conducted at a
20laboratory certified by the United States department of health
21and human services’ substance abuse and mental health services
22administration or approved under rules adopted by the Iowa
23 department of public health and human services.
24 Sec. 1361. Section 730.5, subsection 9, paragraph c,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) If an employer does not have an employee assistance
27program, the employer must maintain a resource file of alcohol
28and other drug abuse substance use disorder programs certified
29by the Iowa department of public health and human services,
30mental health providers, and other persons, entities, or
31organizations available to assist employees with personal or
32behavioral problems. The employer shall provide all employees
33information about the existence of the resource file and a
34summary of the information contained within the resource file.
35The summary should contain, but need not be limited to, all
-891-1information necessary to access the services listed in the
2resource file.
3 Sec. 1362. Section 730.5, subsection 9, paragraph g,
4subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
5to read as follows:
6Upon receipt of a confirmed positive alcohol test
7which indicates an alcohol concentration greater than the
8concentration level established by the employer pursuant to
9this section, and if the employer has at least fifty employees,
10and if the employee has been employed by the employer for
11at least twelve of the preceding eighteen months, and if
12rehabilitation is agreed upon by the employee, and if the
13employee has not previously violated the employer’s substance
14abuse use disorder prevention policy pursuant to this section,
15the written policy shall provide for the rehabilitation of the
16employee pursuant to subsection 10, paragraph “a”, subparagraph
17(1), and the apportionment of the costs of rehabilitation as
18provided by this paragraph “g”.
19 Sec. 1363. Section 730.5, subsection 9, paragraph h, Code
202023, is amended to read as follows:
21h. In order to conduct drug or alcohol testing under this
22section, an employer shall require supervisory personnel of
23the employer involved with drug or alcohol testing under this
24section to attend a minimum of two hours of initial training
25and to attend, on an annual basis thereafter, a minimum of one
26hour of subsequent training. The training shall include, but
27is not limited to, information concerning the recognition of
28evidence of employee alcohol and other drug abuse substance
29use disorder, the documentation and corroboration of employee
30alcohol and other drug abuse substance use disorder, and the
31referral of employees who abuse alcohol or other drugs with a
32substance use disorder to the employee assistance program or
33to the resource file maintained by the employer pursuant to
34paragraph “c”, subparagraph (2).
35 Sec. 1364. Section 730.5, subsection 11, paragraph d, Code
-892-12023, is amended to read as follows:
2d. Termination or suspension of any substance abuse use
3disorder prevention or testing program or policy.
4 Sec. 1365. Section 730.5, subsection 12, paragraph b,
5subparagraph (1), Code 2023, is amended to read as follows:
6(1) The employer discloses the test results to a person
7other than the employer, an authorized employee, agent, or
8representative of the employer, the tested employee or the
9tested applicant for employment, an authorized substance abuse
10 use disorder treatment program or employee assistance program,
11or an authorized agent or representative of the tested employee
12or applicant.
13 Sec. 1366. Section 730.5, subsection 13, paragraph d,
14subparagraph (1), subparagraph division (e), Code 2023, is
15amended to read as follows:
16(e) To a substance abuse use disorder evaluation or
17treatment facility or professional for the purpose of
18evaluation or treatment of the employee.
19 Sec. 1367. Section 730.5, subsection 16, Code 2023, is
20amended to read as follows:
2116. Reports. A laboratory doing business for an employer
22who conducts drug or alcohol tests pursuant to this section
23shall file an annual report with the Iowa department of public
24 health and human services by March 1 of each year concerning
25the number of drug or alcohol tests conducted on employees who
26work in this state pursuant to this section, and the number
27of positive and negative results of the tests, during the
28previous calendar year. In addition, the laboratory shall
29include in its annual report the specific basis for each test
30as authorized in subsection 8, the type of drug or drugs which
31were found in the positive drug tests, and all significant
32available demographic factors relating to the positive test
33pool.
34 Sec. 1368. Section 804.31, subsection 1, Code 2023, is
35amended to read as follows:
-893- 11. When a person is detained for questioning or arrested
2for an alleged violation of a law or ordinance and there is
3reason to believe that the person is deaf or hard-of-hearing,
4the peace officer making the arrest or taking the person
5into custody or any other officer detaining the person shall
6determine if the person is a deaf or hard-of-hearing person as
7defined in section 622B.1. If the officer so determines, the
8officer, at the earliest possible time and prior to commencing
9any custodial interrogation of the person, shall procure a
10qualified interpreter in accordance with section 622B.2 and the
11rules adopted by the supreme court under section 622B.1 unless
12the deaf or hard-of-hearing person knowingly, voluntarily,
13and intelligently waives the right to an interpreter in
14writing by executing a form prescribed by the department of
15health and human rights services and the Iowa county attorneys
16association. The interpreter shall interpret the officer’s
17warnings of constitutional rights and protections and all other
18warnings, statements, and questions spoken or written by any
19officer, attorney, or other person present and all statements
20and questions communicated in sign language by the deaf or
21hard-of-hearing person.
22 Sec. 1369. Section 811.2, subsection 1, paragraph b, Code
232023, is amended to read as follows:
24b. Any bailable defendant who is charged with unlawful
25possession, manufacture, delivery, or distribution of a
26controlled substance or other drug under chapter 124 and is
27ordered released shall be required, as a condition of that
28release, to submit to a substance abuse use disorder evaluation
29and follow any recommendations proposed in the evaluation for
30appropriate substance abuse use disorder treatment. However,
31if a bailable defendant is charged with manufacture, delivery,
32possession with the intent to manufacture or deliver, or
33distribution of methamphetamine, its salts, optical isomers,
34and salts of its optical isomers, the defendant shall, in
35addition to a substance abuse use disorder evaluation, remain
-894-1under supervision and be required to undergo random drug tests
2as a condition of release.
3 Sec. 1370. Section 812.6, subsection 2, paragraph b, Code
42023, is amended to read as follows:
5b. A defendant who does not pose a danger to the public
6peace or safety, but is otherwise being held in custody, or
7who refuses to cooperate with treatment, shall be committed to
8the custody of the director of health and human services at a
9department of health and human services facility for treatment
10designed to restore the defendant to competency. The costs of
11the treatment pursuant to this paragraph shall be borne by the
12department of health and human services.
13 Sec. 1371. Section 901.3, subsection 1, paragraph h, Code
142023, is amended to read as follows:
15h. Whether the defendant has a history of mental health
16issues or a substance abuse problems use disorder. If so, the
17investigator shall inquire into the treatment options available
18in both the community of the defendant and the correctional
19system.
20 Sec. 1372. Section 901.3, subsection 2, Code 2023, is
21amended to read as follows:
222. All local and state mental and correctional
23institutions, courts, and police agencies shall furnish to the
24investigator on request the defendant’s criminal record and
25other relevant information. The originating source of specific
26mental health or substance abuse use disorder information
27including the histories, treatment, and use of medications
28shall not be released to the presentence investigator unless
29the defendant authorizes the release of such information.
30If the defendant refuses to release the information, the
31presentence investigator may note the defendant’s refusal
32to release mental health or substance abuse use disorder
33 information in the presentence investigation report and rely
34upon other mental health or substance abuse use disorder
35 information available to the presentence investigator.
-895-1With the approval of the court, a physical examination or
2psychiatric evaluation of the defendant may be ordered, or
3the defendant may be committed to an inpatient or outpatient
4psychiatric facility for an evaluation of the defendant’s
5personality and mental health. The results of any such
6examination or evaluation shall be included in the report of
7the investigator.
8 Sec. 1373. Section 901.4, Code 2023, is amended to read as
9follows:
10901.4 Presentence investigation report confidential —
11access.
12The presentence investigation report is confidential and the
13court shall provide safeguards to ensure its confidentiality,
14including but not limited to sealing the report, which may
15be opened only by further court order. The defendant’s
16attorney and the attorney for the state shall have access to
17the presentence investigation report at least three days prior
18to the date set for sentencing. The defendant’s appellate
19attorney and the appellate attorney for the state shall have
20access to the presentence investigation report upon request
21and without the necessity of a court order. The report shall
22remain confidential except upon court order. However, the
23court may conceal the identity of the person who provided
24confidential information. The report of a medical examination
25or psychological or psychiatric evaluation shall be made
26available to the attorney for the state and to the defendant
27upon request. The reports are part of the record but shall
28be sealed and opened only on order of the court. If the
29defendant is committed to the custody of the Iowa department
30of corrections and is not a class “A” felon, an employee
31of the department, if authorized by the director of the
32department, an employee of a judicial district department
33of correctional services, if authorized by the director of
34the judicial district department of correctional services,
35and an employee of the board of parole, if authorized by the
-896-1chairperson or a member of the board of parole, shall have
2access to the presentence investigation report. Pursuant to
3section 904.602, the presentence investigation report may also
4be released by ordinary or electronic mail by the department of
5corrections or a judicial district department of correctional
6services to another jurisdiction for the purpose of providing
7interstate probation and parole compact or interstate compact
8for adult offender supervision services or evaluations, or
9to a substance abuse use disorder or mental health services
10provider when referring a defendant for services. The
11defendant or the defendant’s attorney may file with the
12presentence investigation report, a denial or refutation of the
13allegations, or both, contained in the report. The denial or
14refutation shall be included in the report.
15 Sec. 1374. Section 901.4A, Code 2023, is amended to read as
16follows:
17901.4A Substance abuse use disorder evaluation.
18Upon a plea of guilty, a verdict of guilty, or a special
19verdict upon which a judgment of conviction may be rendered,
20the court may order the defendant to submit to and complete
21a substance abuse use disorder evaluation, if the court
22determines that there is reason to believe that the defendant
23regularly abuses uses alcohol or other controlled substances
24and may be in need of treatment. An order made pursuant to this
25section may be made in addition to any other sentence or order
26of the court.
27 Sec. 1375. Section 901.5, subsection 8, Code 2023, is
28amended to read as follows:
298. The court may order the defendant to complete any
30treatment indicated by a substance abuse use disorder
31 evaluation ordered pursuant to section 901.4A or any other
32section.
33 Sec. 1376. Section 901B.1, subsection 1, paragraph c,
34subparagraph (5), Code 2023, is amended to read as follows:
35(5) A substance abuse use disorder treatment facility
-897-1as established and operated by the Iowa department of public
2 health and human services or the department of corrections.
3 Sec. 1377. Section 901B.1, subsection 3, paragraph c, Code
42023, is amended to read as follows:
5c. A copy of the program and plan shall be filed with
6the chief judge of the judicial district, the department of
7corrections, and the division of subunit of the department of
8health and human services responsible for criminal and juvenile
9justice planning of the department of human rights.
10 Sec. 1378. Section 904.108, subsection 1, paragraph d, Code
112023, is amended to read as follows:
12d. Establish and maintain acceptable standards of treatment,
13training, education, and rehabilitation in the various
14state penal and corrective institutions which shall include
15habilitative services and treatment for offenders with an
16intellectual disability. For the purposes of this paragraph,
17“habilitative services and treatment” means medical, mental
18health, social, educational, counseling, and other services
19which will assist a person with an intellectual disability
20to become self-reliant. However, the director may also
21provide rehabilitative treatment and services to other persons
22who require the services. The director shall identify all
23individuals entering the correctional system who are persons
24with an intellectual disability, as defined in section 4.1.
25Identification shall be made by a qualified professional in the
26area of intellectual disability. In assigning an offender with
27an intellectual disability, or an offender with an inadequately
28developed intelligence or with impaired mental abilities, to
29a correctional facility, the director shall consider both
30the program needs and the security needs of the offender.
31The director shall consult with the department of health
32and human services in providing habilitative services and
33treatment to offenders with mental illness or an intellectual
34disability. The director may enter into agreements with the
35department of health and human services to utilize mental
-898-1health institutions and share staff and resources for purposes
2of providing habilitative services and treatment, as well as
3providing other special needs programming. Any agreement to
4utilize mental health institutions and to share staff and
5resources shall provide that the costs of the habilitative
6services and treatment shall be paid from state funds. Not
7later than twenty days prior to entering into any agreement
8to utilize mental health institution staff and resources,
9other than the use of a building or facility, for purposes of
10providing habilitative services and treatment, as well as other
11special needs programming, the directors of the departments of
12corrections and health and human services shall each notify the
13chairpersons and ranking members of the joint appropriations
14subcommittees that last handled the appropriation for their
15respective departments of the pending agreement. Use of a
16building or facility shall require approval of the general
17assembly if the general assembly is in session or, if the
18general assembly is not in session, the legislative council
19may grant temporary authority, which shall be subject to final
20approval of the general assembly during the next succeeding
21legislative session.
22 Sec. 1379. Section 904.108, subsection 5, Code 2023, is
23amended to read as follows:
245. The director may obtain assistance for the department
25for construction, facility planning, and project accomplishment
26with the department of administrative services and by
27contracting under chapter 28E for data processing with the
28department of health and human services or the department of
29administrative services.
30 Sec. 1380. Section 904.201, subsection 3, paragraph a,
31subparagraph (1), Code 2023, is amended to read as follows:
32(1) Residents transferred from an institution under the
33jurisdiction of the department of health and human services or
34the Iowa department of corrections.
35 Sec. 1381. Section 904.302, unnumbered paragraph 1, Code
-899-12023, is amended to read as follows:
2The director may appoint a farm operations administrator
3for institutions under the control of the departments of
4corrections and health and human services. If appointed, the
5farm operations administrator, subject to the direction of the
6director shall do all of the following:
7 Sec. 1382. Section 904.302, subsections 1, 3, and 8, Code
82023, are amended to read as follows:
91. Manage and supervise all farming and nursery operations
10at institutions, farms and gardens of the departments of
11corrections and health and human services.
123. Develop an annual operations plan for crop and
13livestock production and utilization that will provide work
14experience and contribute to developing vocational skills of
15the institutions’ inmates and residents. The department of
16health and human services must approve the parts of the plan
17that affect farm operations on property of institutions having
18programs of the department of health and human services.
198. Pay property taxes levied against land leased by the
20department of corrections or department of health and human
21services as provided in section 427.1, subsection 1.
22 Sec. 1383. Section 904.503, Code 2023, is amended to read
23as follows:
24904.503 Transfers — persons with mental illness.
251. a. The director may transfer at the expense of the
26department an inmate of one institution to another institution
27under the director’s control if the director is satisfied that
28the transfer is in the best interests of the institutions or
29inmates.
30b. The director may transfer at the expense of the
31department an inmate under the director’s jurisdiction from any
32institution supervised by the director to another institution
33under the control of an administrator of a division of the
34department director of health and human services with the
35consent and approval of the administrator director of health
-900-1and human services and may transfer an inmate to any other
2institution for mental or physical examination or treatment
3retaining jurisdiction over the inmate when so transferred.
4c. If the juvenile court waives its jurisdiction over a
5child over thirteen and under eighteen years of age pursuant
6to section 232.45 so that the child may be prosecuted as an
7adult and if the child is convicted of a public offense in the
8district court and committed to the custody of the director
9under section 901.7, the director may request transfer of the
10child to the state training school under this section. If
11the administrator of a division of the department director of
12health and human services consents and approves the transfer,
13the child may be retained in temporary custody by the state
14training school until attaining the age of eighteen, at which
15time the child shall be returned to the custody of the director
16of the department of corrections to serve the remainder of
17the sentence imposed by the district court. If the child
18becomes a security risk or becomes a danger to other residents
19of the state training school at any time before reaching
20eighteen years of age, the administrator of the division of
21the department director of health and human services may
22immediately return the child to the custody of the director of
23the department of corrections to serve the remainder of the
24sentence.
252. When the director has cause to believe that an inmate
26in a state correctional institution is mentally ill, the
27Iowa department of corrections may cause the inmate to be
28transferred to the Iowa medical and classification center,
29or to another appropriate facility within the department,
30for examination, diagnosis, or treatment. The inmate shall
31be confined at that center or facility or a state hospital
32for persons with mental illness health institute until the
33expiration of the inmate’s sentence or until the inmate
34is pronounced in good mental health. If the inmate is
35pronounced in good mental health before the expiration of the
-901-1inmate’s sentence, the inmate shall be returned to the state
2correctional institution until the expiration of the inmate’s
3sentence.
43. When the director has reason to believe that a prisoner
5in a state correctional institution, whose sentence has
6expired, is mentally ill, the director shall cause examination
7to be made of the prisoner by competent physicians who shall
8certify to the director whether the prisoner is in good
9mental health or mentally ill. The director may make further
10investigation and if satisfied that the prisoner is mentally
11ill, the director may cause the prisoner to be transferred
12to one of the hospitals for persons with mental illness, or
13may order the prisoner to be confined in the Iowa medical and
14classification center.
15 Sec. 1384. Section 904.513, subsection 1, paragraph b,
16subparagraphs (2) and (3), Code 2023, are amended to read as
17follows:
18(2) Offenders convicted of violating chapter 321J,
19sentenced to the custody of the director, and awaiting
20placement in a community residential substance abuse use
21disorder treatment program for such offenders shall be placed
22in an institutional substance abuse use disorder program
23for such offenders within sixty days of admission to the
24institution or as soon as practical. When placing offenders
25convicted of violating chapter 321J in community residential
26substance abuse use disorder treatment programs for such
27offenders, the department shall give priority as appropriate
28to the placement of those offenders currently in institutional
29substance abuse use disorder programs for such offenders. The
30department shall work with each judicial district to enable
31such offenders to enter community residential substance abuse
32 use disorder treatment programs at a level comparable to their
33prior institutional program participation.
34(3) Assignment shall be for the purposes of risk
35management and substance abuse use disorder treatment and may
-902-1include education or work programs when the offender is not
2participating in other program components.
3 Sec. 1385. Section 904.513, subsection 3, Code 2023, is
4amended to read as follows:
53. The department shall adopt rules for the implementation
6of this section. The rules shall include the requirement
7that the treatment programs established pursuant to this
8chapter meet the licensure standards of the department of
9public health and human services under chapter 125. The rules
10shall also include provisions for the funding of the program
11by means of self-contribution by the offenders, insurance
12reimbursement on behalf of offenders, or other forms of
13funding, program structure, criteria for the evaluation of
14offenders and programs, and all other issues the director shall
15deem appropriate.
16 Sec. 1386. Section 904.514, subsection 1, Code 2023, is
17amended to read as follows:
181. A person committed to an institution under the control of
19the department who bites another person, who causes an exchange
20of bodily fluids with another person, or who causes any bodily
21secretion to be cast upon another person, shall submit to the
22withdrawal of a bodily specimen for testing to determine if the
23person is infected with a contagious infectious disease. The
24bodily specimen to be taken shall be determined by the staff
25physician of the institution. The specimen taken shall be
26sent to the state hygienic laboratory at the state university
27at Iowa City or some other laboratory approved by the Iowa
28 department of public health and human services. If a person
29to be tested pursuant to this section refuses to submit to the
30withdrawal of a bodily specimen, application may be made by the
31superintendent of the institution to the district court for an
32order compelling the person to submit to the withdrawal and,
33if infected, to available treatment. An order authorizing the
34withdrawal of a specimen for testing may be issued only by a
35district judge or district associate judge upon application by
-903-1the superintendent of the institution.
2 Sec. 1387. Section 904.706, subsections 3, 4, and 5, Code
32023, are amended to read as follows:
43. As used in this section, “department” means the Iowa
5 department of corrections and the Iowa department of health and
6 human services.
74. The farm operations administrator appointed under
8section 904.302 shall perform the functions described under
9section 904.302 for agricultural operations on property of the
10Iowa department of health and human services.
115. The Iowa department of health and human services shall
12enter into an agreement under chapter 28D with the Iowa
13department of corrections to implement this section.
14 Sec. 1388. Section 904.809, subsection 5, paragraph c,
15subparagraph (1), Code 2023, is amended to read as follows:
16(1) An amount which the inmate may be legally obligated to
17pay for the support of the inmate’s dependents, which shall
18be paid through the department of health and human services
19collection services center, and which shall include an amount
20for delinquent child support not to exceed fifty percent of net
21earnings.
22 Sec. 1389. Section 904.905, subsection 1, paragraph a, Code
232023, is amended to read as follows:
24a. An amount the inmate may be legally obligated to pay for
25the support of the inmate’s dependents, the amount of which
26shall be paid to the dependents through the department of
27health and human services office or unit serving the county or
28city in which the dependents reside.
29 Sec. 1390. Section 905.4, subsection 9, Code 2023, is
30amended to read as follows:
319. Arrange, by contract or on an alternative basis mutually
32acceptable, and with approval of the director of the Iowa
33department of corrections or that director’s designee for
34utilization of existing local treatment and service resources,
35including but not limited to employment, job training, general,
-904-1special, or remedial education; psychiatric and marriage
2counseling; and alcohol and drug abuse substance use disorder
3 treatment and counseling. It is the intent of this chapter
4that a district board shall approve the development and
5maintenance of such resources by its own staff only if the
6resources are otherwise unavailable to the district department
7within reasonable proximity to the community where these
8services are needed in connection with the community-based
9correctional program.
10 Sec. 1391. Section 905.12, subsection 1, paragraph a, Code
112023, is amended to read as follows:
12a. An amount the resident may be legally obligated to pay
13for the support of dependents, which shall be paid to the
14dependents directly or through the department of health and
15 human services office or unit serving the county in which the
16dependents reside. For the purpose of this paragraph, “legally
17obligated” means under a court order.
18 Sec. 1392. Section 905.15, subsection 2, Code 2023, is
19amended to read as follows:
202. A person under supervision of a district department, who
21assaults another person as defined in section 708.1, by biting,
22casting bodily fluids, or acting in a manner that results in
23the exchange of bodily fluids, shall submit to the withdrawal
24of a bodily specimen for testing to determine if the person
25is infected with a contagious infectious disease. The bodily
26specimen to be taken shall be determined by a physician. The
27specimen taken shall be sent to the state hygienic laboratory
28at the state university at Iowa City or some other laboratory
29approved by the department of public health and human services.
30If a person to be tested pursuant to this section refuses to
31submit to the withdrawal of a bodily specimen, application may
32be made by the director to the district court for an order
33compelling the person to submit to the withdrawal and, if
34infected, to available treatment. An order authorizing the
35withdrawal of a specimen for testing may be issued only by a
-905-1district judge or district associate judge upon application by
2the director.
3 Sec. 1393. Section 907.5, subsection 1, paragraph e, Code
42023, is amended to read as follows:
5e. The defendant’s mental health and substance abuse
6 use disorder history and treatment options available in the
7community and the correctional system.
8 Sec. 1394. Section 915.29, Code 2023, is amended to read as
9follows:
10915.29 Notification of victim of juvenile by department of
11health and human services.
121. The department of health and human services shall notify
13a registered victim regarding a juvenile adjudicated delinquent
14for a violent crime, committed to the custody of the department
15of health and human services, and placed at the state training
16school, of the following:
17a. The date on which the juvenile is expected to be
18temporarily released from the custody of the department of
19health and human services, and whether the juvenile is expected
20to return to the community where the registered victim resides.
21b. The juvenile’s escape from custody.
22c. The recommendation by the department to consider the
23juvenile for release or placement.
24d. The date on which the juvenile is expected to be released
25from a facility pursuant to a plan of placement.
262. The notification required pursuant to this section
27may occur through the automated victim notification system
28referred to in section 915.10A to the extent such information
29is available for dissemination through the system.
30 Sec. 1395. Section 915.35, subsection 4, Code 2023, is
31amended to read as follows:
324. a. A child protection assistance team involving the
33county attorney, law enforcement personnel, and personnel
34of the department of health and human services shall be
35established for each county by the county attorney. However,
-906-1by mutual agreement, two or more county attorneys may
2establish a single child protection assistance team to cover a
3multicounty area. A child protection assistance team, to the
4greatest extent possible, may be consulted in cases involving a
5forcible felony against a child who is less than age fourteen
6in which the suspected offender is the person responsible
7for the care of a child, as defined in section 232.68. A
8child protection assistance team may also be utilized in cases
9involving a violation of chapter 709 or 726 or other crime
10committed upon a victim as defined in subsection 1.
11b. A child protection assistance team may also consult
12with or include juvenile court officers, medical and mental
13health professionals, physicians or other hospital-based health
14professionals, court-appointed special advocates, guardians
15ad litem, and members of a multidisciplinary team created by
16the department of health and human services for child abuse
17investigations assessments. A child protection assistance
18team may work cooperatively with the early childhood Iowa area
19board established under chapter 256I. The child protection
20assistance team shall work with the department of health and
21 human services in accordance with section 232.71B, subsection
223, in developing the protocols for prioritizing the actions
23taken in response to child abuse assessments and for law
24enforcement agencies working jointly with the department at
25the local level in processes for child abuse assessments. The
26department of justice may provide training and other assistance
27to support the activities of a child protection assistance
28team.
29 Sec. 1396. Section 915.37, subsection 2, Code 2023, is
30amended to read as follows:
312. References in this section to a guardian ad litem shall
32be interpreted to include references to a court appointed
33special advocate as defined in section 232.2, subsection 10.
34 Sec. 1397. Section 915.40, subsection 5, Code 2023, is
35amended to read as follows:
-907- 15. “Department” means the Iowa department of public health
2and human services.
3 Sec. 1398. Section 915.45, subsection 1, Code 2023, is
4amended to read as follows:
51. In addition to any other information required to be
6released under chapter 229A, prior to the discharge of a person
7committed under chapter 229A, the director of health and human
8services shall give written notice of the person’s discharge
9to any living victim of the person’s activities or crime whose
10address is known to the director or, if the victim is deceased,
11to the victim’s family, if the family’s address is known.
12Failure to notify shall not be a reason for postponement of
13discharge. Nothing in this section shall create a cause of
14action against the state or an employee of the state acting
15within the scope of the employee’s employment as a result of
16the failure to notify pursuant to this action.
17 Sec. 1399. Section 915.46, subsection 4, paragraph b, Code
182023, is amended to read as follows:
19b. The sexual assault forensic examiner program shall
20provide didactic and clinical training opportunities consistent
21with the sexual assault forensic examiner education guidelines
22established by the international association of forensic
23nurses, in collaboration with the Iowa department of public
24 health and human services and the Iowa coalition against sexual
25assault, in sufficient numbers and geographical locations
26across the state to assist treatment facilities with training
27sexual assault examiners and sexual assault nurse examiners.
28 Sec. 1400. Section 915.46, subsections 5 and 6, Code 2023,
29are amended to read as follows:
305. The sexual assault forensic examiner program, in
31collaboration with qualified medical providers, the Iowa
32 department of public health and human services, and the
33Iowa coalition against sexual assault, shall create uniform
34materials that all treatment facilities and federally
35qualified health centers are required to provide to patients
-908-1and non-offending parents or legal guardians, if applicable,
2regarding medical forensic examination procedures, laws
3regarding consent relating to medical forensic services, and
4the benefits and risks of evidence collection, including
5recommended time frames for evidence collection pursuant
6to evidence-based research. These materials shall be made
7available on the department of justice’s internet site to all
8treatment facilities and federally qualified health centers.
96. The sexual assault forensic examiner program, in
10collaboration with qualified medical providers, the Iowa
11 department of public health and human services, and the Iowa
12coalition against sexual assault, shall create and update
13statewide sexual assault examiner and sexual assault nurse
14examiner protocols, shall provide technical assistance upon
15request to health care professionals, and shall provide
16expertise on best practices to health care professionals
17relating to sexual assault forensic examinations.
18 Sec. 1401. Section 915.46, subsection 7, paragraph b, Code
192023, is amended to read as follows:
20b. Members of the advisory committee shall include staff
21members of the department of justice managing the sexual
22assault forensic examiner program; representatives from the
23department of public health and human services as determined
24by the director to be appropriate, the Iowa coalition against
25sexual assault, the board of nursing, and other constituencies
26as determined by the department of justice with an interest in
27sexual assault forensic examinations; and the hospital medical
28staff person involved with emergency services pursuant to
29section 915.82.
30 Sec. 1402. Section 915.83, subsection 4, Code 2023, is
31amended to read as follows:
324. Request from the department of health and human services,
33the department of workforce development and its division of
34workers’ compensation, the department of public safety, the
35county sheriff departments, the municipal police departments,
-909-1the county attorneys, or other public authorities or agencies
2reasonable assistance or data necessary to administer the crime
3victim compensation program.
4 Sec. 1403. Section 915.84, subsections 4, 5, and 6, Code
52023, are amended to read as follows:
64. Notwithstanding subsection 3, a victim under the age of
7eighteen or dependent adult as defined in section 235B.2 who
8has been sexually abused or subjected to any other unlawful
9sexual conduct under chapter 709 or 726 or who has been
10the subject of a forcible felony is not required to report
11the crime to the local police department or county sheriff
12department to be eligible for compensation if the crime was
13allegedly committed upon a child by a person responsible for
14the care of a child, as defined in section 232.68, subsection
158, or upon a dependent adult by a caretaker as defined
16in section 235B.2, and was reported to an employee of the
17department of health and human services and the employee
18verifies the report to the department.
195. When immediate or short-term medical services or mental
20health services are provided to a victim under section 915.35,
21the department of health and human services shall file the
22claim for compensation as provided in subsection 4 for the
23victim.
246. When immediate or short-term medical services to a victim
25are provided pursuant to section 915.35 by a professional
26licensed or certified by the state to provide such services,
27the professional shall file the claim for compensation,
28unless the department of health and human services is required
29to file the claim under this section. The requirement to
30report the crime to the local police department or county
31sheriff department under subsection 3 does not apply to this
32subsection.
33 Sec. 1404. 2020 Iowa Acts, chapter 1064, section 16,
34subsection 1, paragraph d, subparagraph (1), is amended to read
35as follows:
-910- 1(1) Any debt, which is assigned to the department of health
2and human services, or which is owed to the department of
3health and human services for unpaid premiums under section
4249A.3, subsection 2, paragraph “a”, subparagraph (1), or
5which the child support recovery unit services is otherwise
6attempting to collect, or which the foster care recovery unit
7 services of the department of health and human services is
8attempting to collect on behalf of a child receiving foster
9care provided by the department of health and human services.
10 Sec. 1405. 2021 Iowa Acts, chapter 1098, section 92,
11subsection 1, is amended by striking the subsection.
12 Sec. 1406. REPEAL. Chapter 136, Code 2023, is repealed.
13 Sec. 1407. REPEAL. 2022 Iowa Acts, chapter 1098, section
1468, is repealed.
15 Sec. 1408. REPEAL. Sections 135.2, 135.3, 135.6, 135.7,
16135.8, 135.9, 135.10, 216A.2, 217.7, 217.9, 217.10, 217.15,
17217.16, 217.17, 218.19, 218.20, 218.40, 218.53, 218.54, 222.6,
18227.19, 231.22, and 234.2, Code 2023, are repealed.
19 Sec. 1409. CODE EDITOR DIRECTIVE. The Code editor is
20directed to do all of the following:
211. Make changes in the structure of any Code chapter
22including but not limited to chapter titles and subtitles to
23correspond with the changes made in this division of this
24Act in consultation with the department of health and human
25services.
262. Make changes in any Code sections amended or enacted
27by any other Act to correspond with the changes made in this
28division of this Act if there appears to be no doubt as to
29the proper method of making the changes and the changes would
30not be contrary to or inconsistent with the purposes of this
31division of this Act or any other Act.
323. Correct internal references in the Code and in enacted
33legislation as necessary due to the enactment of this Act.
34 Sec. 1410. CONTINGENT EFFECTIVE DATE. The following takes
35effect on the effective date of the rules adopted by the
-911-1department of revenue pursuant to chapter 17A implementing 2020
2Iowa Acts, chapter 1064, other than transitional rules:
3The section of this Act amending 2020 Iowa Acts, chapter
41064.
5DIVISION II
6DEPARTMENT OF ADMINISTRATIVE SERVICES
7LIBRARY SERVICES
8 Sec. 1411. NEW SECTION. 8A.204 State librarian.
91. The director shall appoint the state librarian who
10shall administer the duties of the department as it relates to
11library services.
122. The state librarian shall do all of the following:
13a. Organize, staff, and administer the department as it
14relates to library services so as to render the greatest
15benefit to libraries in the state.
16b. Submit a biennial report to the governor on the
17activities and an evaluation of the department as it relates to
18library services and its programs and policies.
19c. Control all library services-related property of the
20department. The state librarian may dispose of, through
21sale, conveyance, or exchange, any library materials that
22may be obsolete or worn out or that may no longer be needed
23or appropriate to the mission of the state library of Iowa.
24These materials may be sold by the state library directly or
25the library may sell the materials by consignment with an
26outside entity. A state library fund is created in the state
27treasury. Proceeds from the sale of the library materials
28shall be remitted to the treasurer of state and credited to the
29state library fund and shall be used for the purchase of books
30and other library materials. Notwithstanding section 8.33, any
31balance in the fund on June 30 of any fiscal year shall not
32revert to the general fund of the state.
33d. Perform other duties as assigned by the director or as
34imposed by law.
35 Sec. 1412. Section 256.1, subsection 4, Code 2023, is
-912-1amended by striking the subsection.
2 Sec. 1413. Section 256.7, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4Except for the college student aid commission, the
5commission of libraries and division of library services, and
6the public broadcasting board and division, the state board
7shall:
8 Sec. 1414. Section 256.7, subsection 17, Code 2023, is
9amended by striking the subsection.
10 Sec. 1415. Section 256.9, unnumbered paragraph 1, Code
112023, is amended to read as follows:
12Except for the college student aid commission, the
13commission of libraries and division of library services, and
14the public broadcasting board and division, the director shall:
15 Sec. 1416. Section 256.50, subsection 2, Code 2023, is
16amended by striking the subsection.
17 Sec. 1417. Section 256.51, subsection 1, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19The division of library services is attached to the
20department of education for administrative purposes. The state
21librarian shall be responsible for the division’s budgeting
22and related management functions in accordance with section
23256.52, subsection 3. The division department, as it relates
24to library services, shall do all of the following:
25 Sec. 1418. Section 256.51, subsection 1, paragraph e, Code
262023, is amended to read as follows:
27e. Develop and approve, in consultation with the area
28education agency media centers and the commission, a biennial
29unified plan of service and service delivery for the division
30of library services department.
31 Sec. 1419. Section 256.51, subsection 1, Code 2023, is
32amended by adding the following new paragraph:
33 NEW PARAGRAPH. m. Provide for the improvement of library
34services to all Iowa citizens and foster development and
35cooperation among libraries.
-913-1 Sec. 1420. Section 256.51, subsection 2, Code 2023, is
2amended to read as follows:
32. The division department, as it relates to library
4services, may do all of the following:
5a. Enter into interstate library compacts on behalf of
6the state of Iowa with any state which legally joins in the
7compacts as provided in section 256.70.
8b. Receive and expend money for providing programs and
9services. The division department may receive, accept, and
10administer any moneys appropriated or granted to it, separate
11from the general library fund, by the federal government or by
12any other public or private agency.
13c. Accept gifts, contributions, bequests, endowments,
14or other moneys, including but not limited to the Westgate
15endowment fund, for any or all purposes of the division
16 department as it relates to library services. Interest earned
17on moneys accepted under this paragraph shall be credited to
18the fund or funds to which the gifts, contributions, bequests,
19endowments, or other moneys have been deposited, and is
20available for any or all purposes of the division department as
21it relates to library services. The division department shall
22report annually to the commission and the general assembly
23regarding the gifts, contributions, bequests, endowments,
24or other moneys accepted pursuant to this paragraph and the
25interest earned on them.
26 Sec. 1421. Section 256.52, subsection 1, paragraph a,
27unnumbered paragraph 1, Code 2023, is amended to read as
28follows:
29The state commission of libraries consists of one member
30appointed by the supreme court, the director of the department
31of education, or the director’s designee, the director, and the
32following seven members who shall be appointed by the governor
33to serve four-year terms beginning and ending as provided in
34section 69.19.
35 Sec. 1422. Section 256.52, subsection 2, Code 2023, is
-914-1amended to read as follows:
22. The commission shall elect one of its members as
3chairperson. The commission shall meet at the time and place
4specified by call of the chairperson. Five Six members are a
5quorum for the transaction of business.
6 Sec. 1423. Section 256.52, subsection 3, Code 2023, is
7amended by striking the subsection.
8 Sec. 1424. Section 256.52, subsection 4, Code 2023, is
9amended to read as follows:
104. The commission shall adopt rules under chapter 17A for
11carrying out the responsibilities of the division department as
12it relates to library services duties of the department.
13 Sec. 1425. Section 256.52, subsection 5, Code 2023, is
14amended by striking the subsection and inserting in lieu
15thereof the following:
165. Advise the department and the state librarian concerning
17the library services duties of the department.
18 Sec. 1426. Section 256.53, Code 2023, is amended to read as
19follows:
20256.53 State publications.
21Upon issuance of a state publication in any format, a
22state agency shall provide the division department with
23an electronic version of the publication at no cost to the
24division department.
25 Sec. 1427. Section 256.54, subsection 2, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27The law library shall be administered by a law librarian
28appointed by the state librarian subject to chapter 8A,
29 subchapter IV, who shall do all of the following:
30 Sec. 1428. Section 256.55, unnumbered paragraph 1, Code
312023, is amended to read as follows:
32A state data center is established in the division
33 department. The state data center shall be administered by
34the state data center coordinator, who shall do all of the
35following:
-915-1 Sec. 1429. Section 256.55, subsection 3, Code 2023, is
2amended to read as follows:
33. Perform other duties imposed by law or prescribed by the
4commission department.
5 Sec. 1430. Section 256.57, Code 2023, is amended to read as
6follows:
7256.57 Enrich Iowa program.
81. An enrich Iowa program is established in the division
9 department to provide direct state assistance to public
10libraries, to support the open access and access plus programs,
11to provide public libraries with an incentive to improve
12library services that are in compliance with performance
13measures, and to reduce inequities among communities in the
14delivery of library services based on performance measures
15adopted by rule by the commission. The commission shall
16adopt rules governing the allocation of funds appropriated by
17the general assembly for purposes of this section to provide
18direct state assistance to eligible public libraries. A public
19library is eligible for funds under this chapter subchapter if
20it is in compliance with the commission’s performance measures.
212. The amount of direct state assistance distributed to each
22eligible public library shall be based on the following:
23a. The level of compliance by the eligible public library
24with the performance measures adopted by the commission as
25provided in this section.
26b. The number of people residing within an eligible
27library’s geographic service area for whom the library provides
28services.
29c. The amount of other funding the eligible public library
30received in the previous fiscal year for providing services to
31rural residents and to contracting communities.
323. Moneys received by a public library pursuant to this
33section shall supplement, not supplant, any other funding
34received by the library.
354. For purposes of this section, “eligible public library”
-916-1means a public library that meets all of the following
2requirements:
3a. Submits to the division department all of the following:
4(1) The report provided for under section 256.51,
5subsection 1, paragraph “h”.
6(2) An application and accreditation report, in a format
7approved by the commission department, that provides evidence
8of the library’s compliance with at least one level of the
9standards established in accordance with section 256.51,
10subsection 1, paragraph “k”.
11(3) Any other application or report the division department
12 deems necessary for the implementation of the enrich Iowa
13program.
14b. Participates in the library resource and information
15sharing programs established by the state library.
16c. Is a public library established by city ordinance or a
17library district as provided in chapter 336.
185. Each eligible public library shall maintain a
19separate listing within its budget for payments received and
20expenditures made pursuant to this section, and shall annually
21submit this listing to the division department.
226. By January 15, annually, the division department shall
23submit a program evaluation report to the general assembly
24and the governor detailing the uses and the impacts of funds
25allocated under this section.
267. A public library that receives funds in accordance with
27this section shall have an internet use policy in place, which
28may or may not include internet filtering. The library shall
29submit a report describing the library’s internet use efforts
30to the division department.
318. A public library that receives funds in accordance
32with this section shall provide open access, the reciprocal
33borrowing program, as a service to its patrons, at a
34reimbursement rate determined by the state library.
359. Funds appropriated for purposes of this section shall not
-917-1be used by the division department for administrative purposes.
2 Sec. 1431. Section 256.58, Code 2023, is amended to read as
3follows:
4256.58 Library support network.
51. A library support network is established in the division
6 department to offer services and programs for libraries,
7including but not limited to individualized, locally delivered
8consulting and training, and to facilitate resource sharing and
9innovation through the use of technology, administer enrich
10Iowa programs, advocate for libraries, promote excellence
11and innovation in library services, encourage governmental
12subdivisions to provide local financial support for local
13libraries, and ensure the consistent availability of quality
14service to all libraries throughout the state, regardless of
15location or size.
162. The organizational structure to deliver library support
17network services shall include district offices. The district
18offices shall serve as a basis for providing field services
19to local libraries in the counties comprising the district.
20The division department shall determine which counties are
21served by each district office. The number of district offices
22established to provide services pursuant to this section shall
23be six.
24 Sec. 1432. Section 256.59, Code 2023, is amended to read as
25follows:
26256.59 Specialized library services.
27The specialized library services unit is established in
28the division department to provide information services to
29the three branches of state government and to offer focused
30information services to the general public in the areas of Iowa
31law, Iowa state documents, and Iowa history and culture.
32 Sec. 1433. Section 256.62, subsections 1, 3, and 4, Code
332023, are amended to read as follows:
341. The state librarian shall convene a library services
35advisory panel to advise and recommend to the commission and
-918-1the division department evidence-based best practices, to
2assist the commission and division department to determine
3service priorities and launch programs, articulate the needs
4and interests of Iowa librarians, and share research and
5professional development information.
63. The library services advisory panel shall meet at least
7twice annually and shall submit its recommendations in a report
8to the commission department and the state librarian at least
9once annually. The report shall be timely submitted to allow
10for consideration of the recommendations prior to program
11planning and budgeting for the following fiscal year.
124. Members of the library services advisory panel shall
13receive actual and necessary expenses incurred in the
14performance of their duties. Expenses shall be paid from funds
15appropriated to the department for purposes of the division.
16 Sec. 1434. Section 256.70, unnumbered paragraph 1, Code
172023, is amended to read as follows:
18The division of library services of the department of
19education is hereby authorized to enter into interstate
20library compacts on behalf of the state of Iowa with any state
21bordering on Iowa which legally joins therein in substantially
22the following form and the contracting states agree that:
23 Sec. 1435. Section 256.71, Code 2023, is amended to read as
24follows:
25256.71 Administrator.
26The administrator of the division of library services state
27librarian shall be the compact administrator. The compact
28administrator shall receive copies of all agreements entered
29into by the state or its political subdivisions and other
30states or political subdivisions; consult with, advise and aid
31such governmental units in the formulation of such agreements;
32make such recommendations to the governor, legislature,
33governmental agencies and units as the administrator deems
34desirable to effectuate the purposes of this compact and
35consult and cooperate with the compact administrators of other
-919-1party states.
2 Sec. 1436. CODE EDITOR DIRECTIVE — LIBRARY SERVICES.
31. The Code editor is directed to make the following
4transfers:
5a. Section 256.50 to section 8A.201.
6b. Section 256.51 to section 8A.202.
7c. Section 256.52 to section 8A.203.
8d. Section 256.53 to section 8A.205.
9e. Section 256.54 to section 8A.206.
10f. Section 256.55 to section 8A.207.
11g. Section 256.56 to section 8A.208.
12h. Section 256.57 to section 8A.209.
13i. Section 256.58 to section 8A.210.
14j. Section 256.59 to section 8A.211.
15k. Section 256.62 to section 8A.221.
16l. Section 256.69 to section 8A.222.
17m. Section 256.70 to section 8A.231.
18n. Section 256.71 to section 8A.232.
19o. Section 256.72 to section 8A.233.
20p. Section 256.73 to section 8A.234.
212. The Code editor is directed to rename subchapter II and
22designate parts in chapter 8A as follows:
23a. Subchapter II shall be entitled “Library Services” and
24include sections 8A.201 through 8A.234.
25b. Subchapter II, part 1, shall be entitled “General
26Provisions” and include sections 8A.201 through 8A.211.
27c. Subchapter II, part 2, shall be entitled “Library
28Services Advisory Panel and Local Financial Support” and
29include sections 8A.221 through 8A.222.
30d. Subchapter II, new part 3, shall be entitled “Library
31Compact” and include sections 8A.231 through 8A.234.
323. The Code editor may modify subchapter and part titles if
33necessary and is directed to correct internal references in the
34Code as necessary due to enactment of this section.
35STATE RECORDS AND ARCHIVES
-920-1 Sec. 1437. Section 163.37, subsection 3, Code 2023, is
2amended to read as follows:
33. Such records shall be maintained for a length of time as
4required by and pursuant to chapter 305 8A, subchapter VI, and
5at the point of concentration and shall be made available for
6inspection by the department at reasonable times.
7 Sec. 1438. Section 305.1, Code 2023, is amended to read as
8follows:
9305.1 Citation.
10This chapter subchapter shall be known and may be cited as
11the “State Archives and Records Act”.
12 Sec. 1439. Section 305.2, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14As used in this chapter subchapter, unless the context
15otherwise requires:
16 Sec. 1440. Section 305.3, subsection 2, Code 2023, is
17amended by striking the subsection.
18 Sec. 1441. Section 305.3, subsection 8, Code 2023, is
19amended to read as follows:
208. The director of the department of administrative
21services.
22 Sec. 1442. Section 305.7, Code 2023, is amended to read as
23follows:
24305.7 Administration Commission administration.
25The department of cultural affairs, through the state
26archives and records program, is the primary agency responsible
27for providing administrative personnel and services for the
28commission.
29 Sec. 1443. Section 305.8, subsection 1, paragraphs e, f, and
30g, Code 2023, are amended to read as follows:
31e. Adopt and maintain an interagency records manual
32containing the rules governing records management, as well as
33records series retention and disposition schedules, guidelines,
34and other information relating to implementation of this
35chapter subchapter.
-921- 1f. Make recommendations, in consultation with the department
2of administrative services, to the governor and the general
3assembly for the continued reduction of printed reports
4throughout state government in a manner that protects the
5public’s right to access such reports.
6g. Provide advice, counsel, and services to the legislative,
7judicial, and executive branch agencies subject to this chapter
8 subchapter on the care and management of state government
9records.
10 Sec. 1444. Section 305.8, subsection 2, paragraph a, Code
112023, is amended to read as follows:
12a. Examine records in the possession, constructive
13possession, or control of state agencies to carry out the
14purposes of this chapter subchapter.
15 Sec. 1445. Section 305.9, subsection 1, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17The department of cultural affairs shall do all of the
18following as it relates to state records and archives:
19 Sec. 1446. Section 305.9, subsection 1, paragraphs a and j,
20Code 2023, are amended to read as follows:
21a. Provide Administer the state archives and records
22program and provide administrative support to the state records
23commission through the state archives and records program.
24j. Provide advice, counsel, and services to the legislative,
25judicial, and executive branch agencies subject to this chapter
26 subchapter on the care and management of state government
27records.
28 Sec. 1447. Section 305.9, subsection 1, paragraph l,
29subparagraph (2), Code 2023, is amended to read as follows:
30(2) Upon request, the state archivist shall make a certified
31copy of any record in the legal custody or in the physical
32custody of the state archivist, or a certified transcript of
33any record if reproduction is inappropriate because of legal or
34physical considerations. If a copy or transcript is properly
35authenticated, it has the same legal effect as though certified
-922-1by the officer from whose office it was transferred or by the
2secretary of state. The department of cultural affairs shall
3establish reasonable fees for certified copies or certified
4transcripts of records in the legal custody or physical custody
5of the state archivist.
6 Sec. 1448. Section 305.9, subsection 2, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8The department of cultural affairs may do any of the
9following as it relates to state records and archives:
10 Sec. 1449. Section 305.10, subsection 1, paragraphs d and j,
11Code 2023, are amended to read as follows:
12d. Comply with requests from the state records commission
13or the state archives and records program to examine records
14in the possession, constructive possession, or control of the
15agency in order to carry out the purposes of this chapter
16 subchapter.
17j. Provide for compliance with this chapter subchapter and
18the rules adopted by the state records commission.
19 Sec. 1450. Section 305.14, Code 2023, is amended to read as
20follows:
21305.14 Liability precluded.
22No member of the commission or head of an agency shall
23be held liable for damages or loss, or civil or criminal
24liability, because of the destruction of public records
25pursuant to the provisions of this chapter subchapter or any
26other law authorizing their destruction.
27 Sec. 1451. Section 305.15, Code 2023, is amended to read as
28follows:
29305.15 Exemptions — duties of state department of
30transportation and state board of regents.
31The state department of transportation and the agencies and
32institutions under the control of the state board of regents
33are exempt from the state records manual and the provisions
34of this chapter subchapter. However, the state department of
35transportation and the state board of regents shall adopt rules
-923-1pursuant to chapter 17A for their employees, agencies, and
2institutions that are consistent with the objectives of this
3chapter subchapter. The rules shall be approved by the state
4records commission.
5 Sec. 1452. Section 305.16, subsections 1 and 3, Code 2023,
6are amended to read as follows:
71. Membership. The board shall consist of nine members
8appointed by the governor for three-year staggered terms.
9Members shall be eligible for reappointment. The members shall
10have experience in a field of research or an activity that
11administers or makes extensive use of historical records. The
12majority of the members shall have professional qualifications
13and experience in the administration of government records,
14historical records, or archives. The administrator of the
15historical division of the department of cultural affairs
16 director shall serve as an ex officio member of the board.
173. Administration. The department of cultural affairs,
18through the state archives and records program, is the primary
19agency responsible for providing administrative personnel and
20services for the board.
21 Sec. 1453. CODE EDITOR DIRECTIVE — STATE RECORDS AND
22ARCHIVES.
231. The Code editor is directed to make the following
24transfers:
25a. Section 305.1 to section 8A.601.
26b. Section 305.2 to section 8A.602.
27c. Section 305.3 to section 8A.603.
28d. Section 305.4 to section 8A.604.
29e. Section 305.5 to section 8A.605.
30f. Section 305.6 to section 8A.606.
31g. Section 305.7 to section 8A.607.
32h. Section 305.8 to section 8A.608.
33i. Section 305.9 to section 8A.609.
34j. Section 305.10 to section 8A.610.
35k. Section 305.11 to section 8A.611.
-924- 1l. Section 305.12 to section 8A.612.
2m. Section 305.13 to section 8A.613.
3n. Section 305.14 to section 8A.614.
4o. Section 305.15 to section 8A.615.
5p. Section 305.16 to section 8A.616.
62.The Code editor is directed to create a new subchapter
7VI in chapter 8A as follows:Subchapter VI shall be entitled
8“State Records and Archives” and include sections 8A.601
9through 8A.616.
103. The Code editor may modify subchapter titles if necessary
11and is directed to correct internal references in the Code as
12necessary due to enactment of this section.
13Historical Resources
14 Sec. 1454. NEW SECTION. 8A.702 Departmental duties —
15historical resources.
16The duties of the department as it relates to the historical
17resources of the state shall include all of the following:
181. Develop a comprehensive, coordinated, and efficient
19policy to preserve, research, interpret, and promote to the
20public an awareness and understanding of local, state, and
21regional history.
222. Administer and care for historical sites under the
23authority of the department, and maintain collections within
24these buildings.
25a. Except for the state board of regents, a state agency
26which owns, manages, or administers a historical site must
27enter into an agreement with the department under chapter 28E
28to insure the proper management, maintenance, and development
29of the site.
30b. For the purposes of this section, “historical site”
31means any district, site, building, or structure listed on the
32national register of historic sites or identified as eligible
33for such status by the state historic preservation officer
34or that is identified according to established criteria by
35the state historic preservation officer as significant in
-925-1national, state, and local history, architecture, engineering,
2archaeology, or culture.
33. Encourage and assist local, county, and state
4organizations and museums devoted to historical purposes.
54. Develop standards and criteria for the acquisition of
6historic properties and for the preservation, restoration,
7maintenance, operation, and interpretation of properties under
8the jurisdiction of the department.
95. Implement tourism-related art and history projects as
10directed by the general assembly.
116. Encourage the use of volunteers throughout the
12department as it relates to the historical resources of
13the state, especially for purposes of restoring books and
14manuscripts.
157. Publish matters of historical value to the public.
168. Buy or receive by other means historical materials
17including but not limited to artifacts, art, books,
18manuscripts, and images. Such materials are not personal
19property under sections 8A.321 and 8A.324 and shall be
20received and cared for under the rules of the department. The
21department may sell or otherwise dispose of those materials
22according to the rules of the department and be credited for
23any revenues credited by the disposal less the costs incurred.
249. Administer the historical resource development program
25established in section 8A.712.
2610. Administer, preserve, and interpret the battle
27flag collection assembled by the state in consultation and
28coordination with the department of veterans affairs and the
29department of administrative services. A portion of the battle
30flag collection shall be on display at the state capitol and
31the state historical building at all times, unless on loan
32approved by the department of cultural affairs.
3311. Establish, maintain, and administer a digital
34collection of historical manuscripts, documents, records,
35reports, images, and artifacts and make the collection
-926-1available to the public through an online research center.
212. Perform such duties as required under chapter 305B.
3 Sec. 1455. Section 218.22, Code 2023, is amended to read as
4follows:
5218.22 Record privileged.
6Except with the consent of the administrator in charge
7of an institution, or on an order of a court of record, the
8record provided in section 218.21 shall be accessible only to
9the administrator of the division of the department of human
10services in control of such institution, the director of the
11department of human services and to assistants and proper
12clerks authorized by such administrator or the administrator’s
13director. The administrator of the division of such
14institution is authorized to permit the division of library
15services of the department of education and the historical
16division of the department of cultural affairs administrative
17services to copy or reproduce by any photographic, photostatic,
18microfilm, microcard or other process which accurately
19reproduces a durable medium for reproducing the original and
20to destroy in the manner described by law such records of
21residents designated in section 218.21.
22 Sec. 1456. Section 303.5, unnumbered paragraph 1, Code
232023, is amended to read as follows:
24The state historical society administrator director may:
25 Sec. 1457. Section 303.5, subsection 1, Code 2023, is
26amended to read as follows:
271. Make and sign any agreements and perform any acts which
28are necessary, desirable, or proper to carry out the purpose
29of the division department as it relates to the historical
30resources of the state.
31 Sec. 1458. Section 303.7, Code 2023, is amended by striking
32the section and inserting in lieu thereof the following:
33303.7 State historical society.
341. As used in this subchapter, “state historical society”
35means a membership organization of the department that is open
-927-1to members of the general public who are interested in the
2history of the state.
32. The state historical society board of trustees shall
4recommend to the director rules for membership of the general
5public in the state historical society, including rules
6relating to membership fees. Members shall be persons who
7indicate an interest in the history, progress, and development
8of the state and who pay the prescribed fee. The members
9of the state historical society may meet at least one time
10per year to further the understanding of the history of this
11state. The members of the society shall not determine policy
12for the department as it relates to the historical resources
13of the state but may advise the director and perform functions
14to stimulate interest in the history of this state among the
15general public. The society may perform other activities
16related to history which are not contrary to this subchapter.
173. Unless designated otherwise, an application for
18membership in the state historical society, or a gift, bequest,
19devise, endowment, or grant to the state historical society or
20the department as it relates to the historical resources of the
21state shall be presumed to be to or in the department.
224. Notwithstanding section 633.63, the board may enter into
23agreements authorizing nonprofit foundations acting solely for
24the support of the state historical society or the department
25to administer the membership program of the state historical
26society and funds of the state historical society or the
27department as it relates to the historical resources of the
28state.
29 Sec. 1459. Section 303.8, subsection 1, paragraphs b and c,
30Code 2023, are amended to read as follows:
31b. Make recommendations to the division administrator
32 director on historically related matters.
33c. Review and recommend to the director or the director’s
34designee policy decisions regarding the division department as
35it relates to the historical resources of the state.
-928-1 Sec. 1460. Section 303.8, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 3. The department may:
4a. By rule, establish advisory groups necessary for the
5receipt of federal funds or grants or the administration of
6any of the department’s programs relating to the historical
7resources of the state.
8b. Develop and implement fee-based educational programming
9opportunities, including preschool programs, related to arts,
10history, and other cultural matters for Iowans of all ages.
11 Sec. 1461. Section 303.9, subsections 1 and 3, Code 2023,
12are amended to read as follows:
131. All funds received by the department relating to the
14historical resources of the state, including but not limited
15to gifts, endowments, funds from the sale of memberships in
16the state historical society, funds from the sale of mementos
17and other items relating to Iowa history as authorized under
18subsection 2, interest generated by the life membership
19trust fund, and fees, shall be credited to the account of
20the department and are appropriated to the department to
21be invested or used for programs and purposes under the
22authority of the department as it relates to the historical
23resources of the state. Interest earned on funds credited to
24the department, except funds appropriated to the department
25from the general fund of the state, shall be credited to the
26department. Section 8.33 does not apply to funds credited to
27the department under this section.
283. Notwithstanding section 633.63, the state historical
29society board of trustees may authorize nonprofit foundations
30acting solely for the support of the state historical society
31of Iowa department as it relates to the historical resources of
32the state to accept and administer trusts deemed by the board
33to be beneficial to the division’s department’s operations
34under this subchapter. The board and the foundation may act
35as trustees in such instances.
-929-1 Sec. 1462. Section 303.9A, Code 2023, is amended to read as
2follows:
3303.9A Iowa heritage fund.
41. An Iowa heritage fund is created in the state treasury
5to be administered by the state historical society department.
6The fund shall consist of all moneys allocated to the fund by
7the treasurer of state.
82. Moneys in the fund shall be used in accordance with the
9following:
10a. Ninety percent shall be retained by the state historical
11society department and used to maintain and expand Iowa’s
12history curriculum, to provide teacher training in Iowa
13history, and to support museum exhibits, historic sites, and
14adult education programs.
15b. Five percent shall be retained by the state historical
16society department to be used for start-up costs for the one
17hundred seventy-fifth and two hundredth anniversaries of Iowa
18statehood.
19c. Five percent shall be retained by the state historical
20society department to be used for the promotion of the sale
21of the Iowa heritage registration plate issued under section
22321.34.
23 Sec. 1463. Section 303.10, Code 2023, is amended to read as
24follows:
25303.10 Acceptance and use of money grants.
26All federal grants to and the federal receipts of the
27agencies receiving funds under this chapter subchapter are
28appropriated for the purpose set forth in the federal grants
29or receipts.
30 Sec. 1464. Section 303.11, Code 2023, is amended to read as
31follows:
32303.11 Gifts.
331. The division department may accept gifts and bequests
34which shall be used in accordance with the desires of the donor
35if expressed. Funds contained in an endowment fund for either
-930-1the department of history and archives or the state historical
2society existing on July 1, 1974, remain an endowment of the
3division department. Gifts shall be accepted only on behalf
4of the division department, and gifts to a part, branch, or
5section of the division department are presumed to be gifts to
6the division department.
72. If publication of a book is financed by the endowment
8fund, this chapter subchapter does not prevent the return of
9moneys from sales of the book to the endowment fund.
10 Sec. 1465. Section 303.16, subsections 1 and 2, Code 2023,
11are amended to read as follows:
121. The historical division department shall administer a
13program of grants and loans for historical resource development
14throughout the state, subject to funds for such grants and
15loans being made available through the appropriations process
16or otherwise provided by law.
172. The purpose of the historical resource development
18program is to preserve, conserve, interpret, and enhance
19historical resources that will encourage and support the
20economic and cultural health and development of the state and
21the communities in which the resources are located. For this
22purpose, the division department may make grants and loans as
23otherwise provided by law with funds as may be made available
24by applicable law.
25 Sec. 1466. Section 303.16, subsection 6, paragraphs b, f,
26and g, Code 2023, are amended to read as follows:
27b. A portion of the applicant’s operating expenses may
28be used as a cash match or in-kind match as specified by the
29division’s department’s rules.
30f. Grants under this program may be given only after review
31and recommendation by the state historical society board of
32trustees. The division department may contract with lending
33institutions chartered in this state to act as agents for the
34administration of loans under the program, in which case, the
35lending institution may have the right of final approval of
-931-1loans, subject to the division’s department’s administrative
2rules. If the division department does not contract with
3a lending institution, loans may be made only after review
4and recommendation by the state historical society board of
5trustees.
6g. The division department shall not award grants or loans
7to be used for goods or services obtained outside the state,
8unless the proposed recipient demonstrates that it is neither
9feasible nor prudent to obtain the goods or services within the
10state.
11 Sec. 1467. Section 303.16, subsections 8 and 9, Code 2023,
12are amended to read as follows:
138. The division department may use ten percent of the annual
14appropriation allocation to the division historical resource
15grant and loan fund established in this section pursuant
16to section 455A.19, but in no event more than seventy-five
17thousand dollars, for administration of the grant and loan
18program.
199. a. (1) The division department may establish a
20historical resource grant and loan fund composed of any
21money appropriated by the general assembly for that purpose,
22funds allocated pursuant to section 455A.19, and of any other
23moneys available to and obtained or accepted by the division
24 department from the federal government or private sources for
25placement in that fund. Each loan made under this section
26shall be for a period not to exceed ten years, shall bear
27interest at a rate determined by the state historical board,
28and shall be repayable to the revolving loan fund in equal
29yearly installments due March 1 of each year the loan is in
30effect. The interest rate upon loans for which payment is
31delinquent shall accelerate immediately to the current legal
32usury limit. Applicants are eligible for not more than one
33hundred thousand dollars in loans outstanding at any time under
34this program. A single lending institution contracting with
35the division department pursuant to this section shall not hold
-932-1more than five hundred thousand dollars worth of outstanding
2loans under the program.
3(2) Any applicant, who is otherwise eligible, who receives
4a direct or indirect appropriation from the general assembly
5for a project or portion of a project is ineligible for a
6historical resources development grant for that same project
7during the fiscal year for which the appropriation is made.
8For purposes of this paragraph, “project” includes any related
9activities, including but not limited to construction,
10restoration, supplies, equipment, consulting, or other
11services.
12b. The division department may:
13(1) Contract and adopt administrative rules necessary to
14carry out the provisions of this section, but the division
15 department shall not in any manner directly or indirectly
16pledge the credit of the state of Iowa.
17(2) Authorize payment from the historical resource grant
18and loan fund, from fees and from any income received by
19investments of money in the fund for costs, commissions,
20attorney fees and other reasonable expenses related to
21and necessary for making and protecting direct loans under
22this section, and for the recovery of moneys loaned or the
23management of property acquired in connection with such loans.
24 Sec. 1468. Section 303.16, subsection 10, paragraph b, Code
252023, is amended to read as follows:
26b. A country schools historical resource preservation
27grant program is therefore established to be administered by
28the historical division department for the preservation of
29one-room and two-room buildings once used as country schools.
30In developing grant approval criteria, the division department
31 shall place a priority on the educational uses planned for the
32country school building, which may include, but are not limited
33to, historical interpretation and use as a teaching museum or
34as an operational classroom accessible to a school district
35or accredited nonpublic school for provisional instructional
-933-1purposes.
2 Sec. 1469. Section 305B.5, Code 2023, is amended to read as
3follows:
4305B.5 Notice of injury or loss.
5A museum shall give a lender or claimant prompt notice of
6any known injury to or loss of property on loan on a form for
7notice of injury loss adopted by rule by the department of
8administrative services. The department of cultural affairs
9shall adopt by rule a form for notice of injury or loss, no
10later than January 1, 1989, and shall distribute the rule
11and form to all identified museums in Iowa within sixty days
12after adoption of the rule. The notice shall be mailed to the
13lender’s or claimant’s last known address in event of injury
14or loss of property on loan to the museum. Published notice of
15injury or loss of undocumented property shall not be required.
16 Sec. 1470. Section 305B.8, subsection 3, Code 2023, is
17amended to read as follows:
183. The department of cultural affairs administrative
19services shall adopt by rule a form for notice of intent to
20preserve an interest in property on loan to a museum. The
21form shall satisfy the requirements of subsection 1 and shall
22notify the claimant of the rights and procedures to preserve an
23interest in museum property. The form shall also facilitate
24recordkeeping and record retrieval by a museum. At a minimum
25the form shall provide a place for recording evidence of
26receipt of a notice by a museum, including the date of receipt,
27signature of the person receiving the notice, and the date on
28which a copy of the receipt is returned to the claimant.
29 Sec. 1471. Section 305B.11, subsection 2, Code 2023, is
30amended to read as follows:
312. The department of cultural affairs administrative
32services may by rule determine the minimum form and substance
33of recordkeeping by museums with regard to museum property to
34implement this chapter.
35 Sec. 1472. Section 321.34, subsection 25, paragraph b, Code
-934-12023, is amended to read as follows:
2b. An owner referred to in subsection 12, upon written
3application to the department, may order special registration
4plates with a civil war sesquicentennial processed emblem. The
5special plate fees collected by the director under subsection
612, paragraphs “a” and “c”, from the issuance and annual
7validation of letter-number designated and personalized civil
8war sesquicentennial plates shall be paid monthly to the
9treasurer of state and deposited in the road use tax fund. The
10treasurer of state shall transfer monthly from the statutory
11allocations fund created under section 321.145, subsection 2,
12to the department of cultural affairs administrative services
13 the amount of the special fees collected under subsection
1412, paragraph “a”, in the previous month for civil war
15sesquicentennial plates, and such funds are appropriated to the
16department of cultural affairs administrative services to be
17used for the Iowa battle flag project.
18 Sec. 1473. Section 423.3, subsection 34, Code 2023, is
19amended to read as follows:
2034. The sales price from sales of mementos and other items
21relating to Iowa history and historic sites by the department
22of cultural affairs administrative services on the premises of
23property under its control and at the state capitol.
24 Sec. 1474. Section 427.16, subsection 7, paragraph b, Code
252023, is amended to read as follows:
26b. A historical site as defined in section 303.2 8A.702.
27 Sec. 1475. Section 455A.19, subsection 1, paragraph f, Code
282023, is amended to read as follows:
29f. Five percent shall be allocated to the historical
30resource grant and loan fund established pursuant to section
31303.16. The department of cultural affairs administrative
32services shall use the moneys allocated to this fund to
33implement historical resource development programs as provided
34under section 303.16.
35 Sec. 1476. Section 904.601, subsection 1, Code 2023, is
-935-1amended to read as follows:
21. The director shall keep the following record
3of every person committed to any of the department’s
4institutions: Name, residence, sex, age, place of birth,
5occupation, civil condition, date of entrance or commitment,
6date of discharge, whether a discharge is final, condition of
7the person when discharged, the name of the institutions from
8which and to which the person has been transferred, and if the
9person is dead, the date and cause of death. The director may
10permit the division of library services of the department of
11education and the historical division of the department of
12cultural affairs administrative services to copy or reproduce
13by any photographic, photostatic, microfilm, microcard, or
14other process which accurately reproduces in a durable medium
15and to destroy in the manner described by law the records of
16inmates required by this paragraph.
17 Sec. 1477. 2012 Iowa Acts, chapter 1136, section 27,
18subsection 1, is amended to read as follows:
191. A battle flag restoration fund is created and established
20as a separate and distinct fund in the state treasury under the
21control of the department of cultural affairs administrative
22services. The moneys in the fund are appropriated to the
23department for purposes of continuing the project recommended
24by the Iowa battle flag advisory committee to stabilize the
25condition of the battle flag collection. Moneys in the fund
26shall not be subject to appropriation for any other purpose by
27the general assembly, but shall be used only for the purposes
28of the battle flag restoration fund.
29 Sec. 1478. CODE EDITOR DIRECTIVE — HISTORICAL RESOURCES.
301. The Code editor is directed to make the following
31transfers:
32a. Section 303.4 to section 8A.703.
33b. Section 303.5 to section 8A.704.
34c. Section 303.6 to section 8A.705.
35d. Section 303.7 to section 8A.706.
-936- 1e. Section 303.8 to section 8A.707.
2f. Section 303.9 to section 8A.708.
3g. Section 303.9A to section 8A.709.
4h. Section 303.10 to section 8A.710.
5i. Section 303.11 to section 8A.711.
6j. Section 303.16 to section 8A.712.
72.The Code editor is directed to create a new subchapter
8VII in chapter 8A as follows:Subchapter VII shall be entitled
9“Historical Resources” and include sections 8A.702 through
108A.712.
113. The Code editor may modify subchapter titles if necessary
12and is directed to correct internal references in the Code as
13necessary due to enactment of this section.
14DIVISION III
15DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING
16organization — general provisions
17 Sec. 1479. Section 7E.5, subsection 1, paragraphs d and h,
18Code 2023, are amended to read as follows:
19d. The department of inspections, and appeals, and
20licensing, created in section 10A.102, which has primary
21responsibility for licensing, administering the laws
22relating to employment safety, labor standards, and workers’
23compensation, and coordinating the conducting of various
24inspections, investigations, appeals, hearings, and audits.
25h. The department of workforce development, created
26in section 84A.1, which has primary responsibility for
27administering the laws relating to unemployment compensation
28insurance, job placement and training, employment safety, labor
29standards, workers’ compensation, and related matters.
30 Sec. 1480. Section 10A.101, subsections 2 and 3, Code 2023,
31are amended to read as follows:
322. “Department” means the department of inspections, and
33 appeals, and licensing.
343. “Director” means the director of inspections, and
35 appeals, and licensing.
-937-1 Sec. 1481. Section 10A.102, Code 2023, is amended to read
2as follows:
310A.102 Department established.
4The department of inspections, and appeals, and licensing is
5established. The director of the department shall be appointed
6by the governor to serve at the pleasure of the governor
7subject to confirmation by the senate no less frequently than
8every four years, whether or not there has been a new director
9appointed during that time. If the office becomes vacant, the
10vacancy shall be filled in the same manner as provided for the
11original appointment.
12 Sec. 1482. Section 10A.103, Code 2023, is amended to read
13as follows:
1410A.103 Purpose of the department.
15The department is created for the purpose of coordinating
16and conducting various audits, appeals, hearings, inspections,
17and investigations, and licensing activities related to the
18operations of the executive branch of state government, and
19administering the laws relating to employment safety, labor
20standards, and workers’ compensation.
21 Sec. 1483. Section 10A.104, subsections 2 and 5, Code 2023,
22are amended to read as follows:
232. Appoint the administrators of the divisions within
24the department and all other personnel deemed necessary for
25the administration of this chapter, except the state public
26defender, assistant state public defenders, administrator
27of the racing and gaming commission, labor commissioner,
28workers’ compensation commissioner, director of the Iowa
29state civil rights commission, and members of the employment
30appeal board, and administrator of the child advocacy board
31created in section 237.16. All persons appointed and employed
32in the department are covered by the provisions of chapter
338A, subchapter IV, but persons not appointed by the director
34are exempt from the merit system provisions of chapter 8A,
35subchapter IV.
-938- 15. Adopt Except for rules required or authorized by law
2to be adopted by another entity, adopt rules deemed necessary
3for the implementation and administration of this chapter in
4accordance with chapter 17A.
5 Sec. 1484. Section 10A.104, Code 2023, is amended by adding
6the following new subsections:
7 NEW SUBSECTION. 15. To adopt rules, in consultation with
8the state fire marshal, designating a fee to be assessed
9to each building, structure, or facility for which a fire
10safety inspection or plan review is required by law. The fee
11designated by rule shall be set in an amount that is reasonably
12related to the costs of conducting the applicable inspection
13or plan review. The fees collected shall be deposited in the
14general fund of the state.
15 NEW SUBSECTION. 16. Serve as the state building code
16commissioner pursuant to section 103A.4 and administer chapters
17101, 101A, 101B, 103, 103A, 104A, 104B, and 105.
18 NEW SUBSECTION. 17. Enforce the law relative to
19“Health-related Professions”, Title IV, subtitle 3, excluding
20chapter 147A.
21 NEW SUBSECTION. 18. Regulate and supervise real estate
22appraisers under chapter 543D and real estate appraisal
23management companies under chapter 543E.
24 Sec. 1485. Section 10A.106, Code 2023, is amended to read
25as follows:
2610A.106 Divisions of the department.
271. The department is comprised of the following divisions:
28a. Administrative administrative hearings division.
29b. Investigations, labor services division.
30c. Health facilities, workers’ compensation division, and
31other divisions as appropriate.
322. The allocation of departmental duties to the divisions of
33the department in sections 10A.402, 10A.702, sections 10A.202,
3410A.301, and 10A.801 does not prohibit the director from
35reallocating departmental duties within the department.
-939-1 Sec. 1486. Section 10A.108, subsections 8, 10, and 11, Code
22023, are amended to read as follows:
38. The department of inspections, and appeals, and
4licensing, as provided in this chapter and chapter 626,
5shall proceed to collect all debts owed the department of
6human services as soon as practicable after the debt becomes
7delinquent. If service has not been made on a distress warrant
8by the officer to whom addressed within five days from the
9date the distress warrant was received by the officer, the
10authorized investigators of the department of inspections, and
11 appeals, and licensing may serve and make return of the warrant
12to the clerk of the district court of the county named in the
13distress warrant, and all subsequent procedures shall be in
14compliance with chapter 626.
1510. The attorney general, upon the request of the director
16of inspections, and appeals, and licensing, shall bring an
17action, as the facts may justify, without bond, to enforce
18payment of any debts under this section, and in the action
19the attorney general shall have the assistance of the county
20attorney of the county in which the action is pending.
2111. The remedies of the state shall be cumulative and no
22action taken by the director of inspections, and appeals, and
23licensing or attorney general shall be construed to be an
24election on the part of the state or any of its officers to
25pursue any remedy to the exclusion of any other remedy provided
26by law.
27 Sec. 1487. NEW SECTION. 10A.109 Statutory board,
28commission, committee, or council — teleconference option.
29Any statutorily established board, commission, committee,
30or council established under the purview of the department
31relative to “Health-related Professions”, Title IV, subtitle
323, excluding chapter 147A, shall provide for a teleconference
33option for board, commission, committee, or council members to
34participate in official meetings.
35 Sec. 1488. Section 10A.402, unnumbered paragraph 1, Code
-940-12023, is amended to read as follows:
2The administrator director shall coordinate the division’s
3 department’s conduct of various audits and investigations as
4provided by law including but not limited to the following:
5 Sec. 1489. Section 10A.403, Code 2023, is amended to read
6as follows:
710A.403 Investigators — peace officer status.
8Investigators of the division department shall have the
9powers and authority of peace officers when acting within the
10scope of their responsibilities to conduct investigations as
11specified in section 10A.402, subsection 5. An investigator
12shall not carry a weapon to perform responsibilities as
13described in this section.
14 Sec. 1490. Section 10A.601, subsection 1, Code 2023, is
15amended to read as follows:
161. A full-time employment appeal board is created within the
17department of inspections, and appeals, and licensing, to hear
18and decide contested cases under chapter 8A, subchapter IV, and
19chapters 80, 88, 91C, 96, and 97B.
20 Sec. 1491. Section 10A.702, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22The administrator director shall coordinate the division’s
23 department’s conduct of various inspections and investigations
24as otherwise provided by law including, but not limited to, all
25of the following:
26 Sec. 1492. Section 10A.702, subsection 2, Code 2023, is
27amended to read as follows:
282. Inspections and other licensing procedures relative to
29the hospice program, hospitals, and health care facilities.
30The division department is designated as the sole licensing
31authority for these programs and facilities.
32 Sec. 1493. Section 10A.801, subsection 1, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34For purposes of this article subchapter, unless the context
35otherwise requires:
-941-1 Sec. 1494. Section 10A.801, subsection 1, paragraph b, Code
22023, is amended to read as follows:
3b. “Division” means the administrative hearings division of
4the department of inspections, and appeals, and licensing.
5 Sec. 1495. Section 84A.1, subsection 3, Code 2023, is
6amended to read as follows:
73. a. The director of the department of workforce
8development shall, subject to the requirements of section
984A.1B, prepare, administer, and control the budget of the
10department and its divisions and shall approve the employment
11of all personnel of the department and its divisions.
12b. The director of the department of workforce development
13shall direct the administrative and compliance functions and
14control the docket of the division of workers’ compensation.
15 Sec. 1496. Section 84A.5, subsections 4 and 5, Code 2023,
16are amended by striking the subsections.
17 Sec. 1497. REPEAL. Sections 10A.401 and 10A.701, Code 2023,
18are repealed.
19 Sec. 1498. CODE EDITOR DIRECTIVE.
201. The Code editor is directed to rename and retitle article
21I of chapter 10A as follows:
22Subchapter I GENERAL PROVISIONS
232. The Code editor is directed to rename and retitle article
24IV of chapter 10A as follows:
25Subchapter IV INVESTIGATIONS
263. The Code editor is directed to rename article VI of
27chapter 10A as subchapter VI.
284. The Code editor is directed to rename and retitle article
29VII of chapter 10A as follows:
30Subchapter VII HEALTH FACILITIES
315. The Code editor is directed to rename article VIII of
32chapter 10A as subchapter VIII.
336. The Code editor shall correct internal references in the
34Code and in any enacted legislation as necessary due to the
35enactment of this section.
-942-1LABOR SERVICES
2 Sec. 1499. NEW SECTION. 10A.200 Definitions.
3As used in this subchapter, unless the context otherwise
4requires:
51. “Commissioner” means the labor commissioner appointed
6pursuant to section 10A.203, or the commissioner’s designee.
72. “Division” means the division of labor services of the
8department of inspections, appeals, and licensing.
9 Sec. 1500. NEW SECTION. 10A.202 Labor services —
10responsibilities.
111. The division is responsible for the administration of
12the laws of this state under chapter 88 and sections 85.67A
13and 85.68, and such other duties assigned to the division
14or commissioner. The executive head of the division is the
15commissioner, appointed pursuant to section 10A.203.
162. The department is responsible for the administration
17of the laws of this state under chapters 88A, 88B, 89, 89A,
1889B, 90A, 91A, 91C, 91D, 91E, 92, and such other labor-services
19duties assigned to the department or director.
20 Sec. 1501. Section 73A.21, subsection 1, paragraphs a and b,
21Code 2023, are amended by striking the paragraphs.
22 Sec. 1502. Section 73A.21, subsections 5, 6, 8, and 9, Code
232023, are amended to read as follows:
245. The commissioner director and the division department
25 shall administer and enforce this section, and the commissioner
26 director shall adopt rules for the administration and
27enforcement of this section as provided in section 91.6
28 10A.104.
296. The commissioner director shall have the following
30powers and duties for the purposes of this section:
31a. The commissioner director may hold hearings and
32investigate charges of violations of this section.
33b. The commissioner director may, consistent with due
34process of law, enter any place of employment to inspect
35records concerning labor force residency, to question
-943-1an employer or employee, and to investigate such facts,
2conditions, or matters as are deemed appropriate in determining
3whether any person has violated the provisions of this section.
4The commissioner director shall only make such an entry in
5response to a written complaint.
6c. The commissioner director shall develop a written
7complaint form applicable to this section and make it available
8in division department offices and on the department of
9workforce development’s department’s internet site.
10d. The commissioner director may sue for injunctive relief
11against the awarding of a contract, the undertaking of a public
12improvement, or the continuation of a public improvement in
13response to a violation of this section.
14e. The commissioner director may investigate and ascertain
15the residency of a worker engaged in any public improvement in
16this state.
17f. The commissioner director may administer oaths, take
18or cause to be taken deposition of witnesses, and require
19by subpoena the attendance and testimony of witnesses and
20the production of all books, registers, payrolls, and other
21evidence relevant to a matter under investigation or hearing.
22g. The commissioner director may employ qualified personnel
23as are necessary for the enforcement of this section. Such
24personnel shall be employed pursuant to the merit system
25provisions of chapter 8A, subchapter IV.
26h. The commissioner director shall require a contractor or
27subcontractor to file, within ten days of receipt of a request,
28any records enumerated in subsection 7. If the contractor or
29subcontractor fails to provide the requested records within ten
30days, the commissioner director may direct, within fifteen days
31after the end of the ten-day period, the fiscal or financial
32office charged with the custody and disbursement of funds of
33the public body that contracted for construction of the public
34improvement or undertook the public improvement, to immediately
35withhold from payment to the contractor or subcontractor
-944-1up to twenty-five percent of the amount to be paid to the
2contractor or subcontractor under the terms of the contract
3or written instrument under which the public improvement is
4being performed. The amount withheld shall be immediately
5released upon receipt by the public body of a notice from
6the commissioner indicating that the request for records as
7required by this section has been satisfied.
88. Any person or entity that violates the provisions of
9this section is subject to a civil penalty in an amount not
10to exceed one thousand dollars for each violation found in
11a first investigation by the division department, not to
12exceed five thousand dollars for each violation found in a
13second investigation by the division department, and not to
14exceed fifteen thousand dollars for a third or subsequent
15violation found in any subsequent investigation by the division
16 department. Each violation of this section for each worker and
17for each day the violation continues constitutes a separate and
18distinct violation. In determining the amount of the penalty,
19the division department shall consider the appropriateness of
20the penalty to the person or entity charged, upon determination
21of the gravity of the violations. The collection of these
22penalties shall be enforced in a civil action brought by the
23attorney general on behalf of the division department.
249. A party seeking review of the division’s department’s
25 determination pursuant to this section may file a written
26request for an informal conference. The request must be
27received by the division department within fifteen days
28after the date of issuance of the division’s department’s
29 determination. During the conference, the party seeking
30review may present written or oral information and arguments
31as to why the division’s department’s determination should be
32amended or vacated. The division department shall consider
33the information and arguments presented and issue a written
34decision advising all parties of the outcome of the conference.
35 Sec. 1503. Section 91.2, Code 2023, is amended to read as
-945-1follows:
291.2 Appointment Labor commissioner — appointment.
3The governor shall appoint, subject to confirmation by the
4senate, a labor commissioner who shall serve for a period of
5six years beginning and ending as provided in section 69.19 at
6the pleasure of the governor. If the office becomes vacant,
7the vacancy shall be filled in the same manner as provided for
8the original appointment.
9 Sec. 1504. Section 91.4, Code 2023, is amended to read as
10follows:
1191.4 Duties and powers — labor services.
121. The duties of said the commissioner or director, as
13applicable, pursuant to this subchapter shall be as follows:
14a. To safely keep all records, papers, documents,
15correspondence, and other property pertaining to or coming into
16the commissioner’s or director’s hands by virtue of the office,
17and deliver the same to the commissioner’s or director’s
18 successor, except as otherwise provided.
19b. To collect, assort, and systematize statistical details
20relating to programs of the division of labor services or
21department under this subchapter.
22c. To issue from time to time bulletins containing
23information of importance to the industries of the state and
24to the safety of wage earners.
25d. To conduct and to cooperate with other interested persons
26and organizations in conducting educational programs and
27projects on employment safety.
28e. 2. To The commissioner shall serve as an ex officio
29member of the state fire service and emergency response council
30created in section 100B.1, or shall appoint a designee to serve
31as an ex officio member of such council, to assist the council
32in the development of rules relating to fire fighting training
33standards and any other issues relating to occupational safety
34and health standards for fire fighters.
352. 3. The director of the department of workforce
-946-1development, in consultation with the labor commissioner,
2shall, at the time provided by law, make an annual report to
3the governor setting forth in appropriate form the business and
4expense of the division of labor services and department under
5this subchapter for the preceding year, the number of remedial
6actions taken under chapter 89A, the number of disputes or
7violations processed by the division or department and the
8disposition of the disputes or violations, and other matters
9pertaining to the division or department under this subchapter
10 which are of public interest, together with recommendations for
11change or amendment of the laws in this chapter and chapters
1288, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, and
13 92, and 94A, and section sections 85.67A, and 85.68, and the
14recommendations, if any, shall be transmitted by the governor
15to the first general assembly in session after the report is
16filed.
173. 4. The commissioner or director, as applicable, with the
18assistance of the office of the attorney general if requested
19by the commissioner or director, may commence a civil action
20in any court of competent jurisdiction to enforce the statutes
21under the commissioner’s or director’s jurisdiction under this
22subchapter.
234. 5. The division of labor services or department, as
24applicable, may sell documents printed by the division or
25department as it relates to this subchapter at cost according
26to rules established by the labor commissioner or director
27 pursuant to chapter 17A. Receipts from the sale shall be
28deposited to the credit of the division department and may
29be used by the division for administrative expenses of the
30division and department under this subchapter.
315. 6. Except as provided in chapter 91A, the commissioner
32or director, as applicable, may recover interest, court costs,
33and any attorney fees incurred in recovering any amounts due
34under this subchapter. The recovery shall only take place
35after final agency action is taken under chapter 17A, or upon
-947-1judicial review, after final disposition of the case by the
2court. Attorney fees recovered in an action brought under
3the jurisdiction of the commissioner or director under this
4subchapter shall be deposited in the general fund of the state.
5The commissioner is and director are exempt from the payment of
6any filing fee or other court costs including but not limited
7to fees paid to county sheriffs.
86. 7. The commissioner or director may establish rules
9pursuant to chapter 17A to assess and collect interest on fees,
10penalties, and other amounts due the division or department,
11as applicable, under this subchapter. The commissioner or
12director may delay or, following written notice, deny the
13issuance of a license, commission, registration, certificate,
14or permit authorized under chapter 88A, 89, 89A, 90A, or
15 91C, or 94A if the applicant for the license, commission,
16registration, certificate, or permit owes a liquidated debt to
17the commissioner or director.
18 Sec. 1505. Section 91.5, Code 2023, is amended to read as
19follows:
2091.5 Other duties — jurisdiction in general.
21The As provided by this subchapter, the commissioner
22or director shall have jurisdiction and it shall be the
23commissioner’s or director’s duty to supervise the enforcement
24of:
251. All laws relating to safety appliances and inspection
26thereof and health conditions in manufacturing and mercantile
27establishments, workshops, machine shops, other industrial
28concerns within the commissioner’s jurisdiction and sanitation
29and shelter for railway employees.
302. All laws of the state relating to child labor.
313. All laws relating to employment agencies.
324. Such other provisions of law as are now or shall
33hereafter be relating to this subchapter within the
34commissioner’s or director’s jurisdiction.
35 Sec. 1506. Section 91.6, Code 2023, is amended to read as
-948-1follows:
291.6 Rules Labor commissioner — rules.
3The commissioner shall adopt rules pursuant to chapter 17A
4for the purpose of administering this chapter and all other
5 chapters under the commissioner’s jurisdiction as provided in
6section 10A.202, subsection 1.
7 Sec. 1507. Section 91.8, Code 2023, is amended to read as
8follows:
991.8 Traveling expenses.
10The director, commissioner, inspectors, and other employees
11of the office division or department shall be allowed their
12necessary traveling expenses while in the discharge of their
13duties under this subchapter.
14 Sec. 1508. Section 91.9, Code 2023, is amended to read as
15follows:
1691.9 Right to enter premises.
17The labor director, commissioner, and the inspectors shall
18have the power to enter any factory or mill, workshop, mine,
19store, railway facility, including locomotive or caboose,
20business house, or public or private work, when the same is
21open or in operation, for the purpose of gathering facts and
22statistics such as are contemplated by this chapter subchapter,
23and to examine into the methods of protection from danger to
24employees, and the sanitary conditions in and around such
25buildings and places, and make a record thereof.
26 Sec. 1509. Section 91.10, Code 2023, is amended to read as
27follows:
2891.10 Power to secure evidence.
29The labor director or commissioner, or the commissioner’s
30designee as applicable, may issue subpoenas, administer
31oaths, and take testimony in all matters relating to the
32duties required of them the director or commissioner under
33this subchapter. Witnesses subpoenaed and testifying before
34the director or commissioner or the commissioner’s designee
35 shall be paid the same fees as witnesses under section 622.69,
-949-1payment to be made out of the funds appropriated to the
2department or division of labor services, as applicable.
3 Sec. 1510. Section 91.11, Code 2023, is amended to read as
4follows:
591.11 Prosecutions for violations — labor services.
61. If the director or commissioner learns of any violation
7of any law administered by the department or division under
8this subchapter, the director or commissioner may give the
9county attorney of the county in which the violation occurred
10written notice of the facts, whereupon that officer shall
11institute the proper proceedings against the person charged
12with the offense.
132. If the director or commissioner is of the opinion
14that the violation is not willful, or is an oversight or of
15a trivial nature, the director or commissioner may at the
16director’s or commissioner’s discretion fix a time within
17which the violation shall be corrected and notify the owner,
18operator, superintendent, or person in charge. If the
19violation is corrected within the time fixed, then the director
20or commissioner shall not cause prosecution to be begun.
21 Sec. 1511. Section 91.15, Code 2023, is amended to read as
22follows:
2391.15 Definition of additional terms.
24The expressions “factory”, “mill”, “workshop”, “mine”,
25“store”, “railway”, “business house”, and “public or private
26work”, as used in this chapter subchapter, shall be construed
27to mean any factory, mill, workshop, mine, store, railway,
28business house, or public or private work, where wage earners
29are employed for a compensation.
30 Sec. 1512. Section 91.16, Code 2023, is amended to read as
31follows:
3291.16 Violations — penalties.
33Persons violating any of the provisions of this chapter
34 subchapter shall be punished as in this section provided,
35respectively:
-950- 11. Any owner, superintendent, manager, or person in charge
2of any factory, mill, workshop, store, mine, hotel, restaurant,
3cafe, railway, business house, or public or private work, who
4shall refuse to allow the labor director, commissioner, or any
5inspector or employee of the department or division of labor
6services to enter the same, or who shall hinder or deter the
7director, commissioner, inspector, or employee in collecting
8information which it is that person’s duty to collect shall be
9guilty of a simple misdemeanor.
102. Any officer or employee of the department or division
11of labor services, or any person making unlawful use of names
12or information obtained under this subchapter by virtue of the
13person’s office, shall be guilty of a serious misdemeanor.
143. Any owner, operator, or manager of a factory, mill,
15workshop, mine, store, railway, business house, or public or
16private work, who shall neglect or refuse for thirty days
17after receipt of notice from the director or commissioner to
18furnish any reports or returns the director or commissioner may
19require to enable the director or commissioner to discharge the
20director’s or commissioner’s duties under this subchapter shall
21be guilty of a simple misdemeanor.
22 Sec. 1513. REPEAL. Section 91.1, Code 2023, is repealed.
23 Sec. 1514. CODE EDITOR DIRECTIVE.
241. The Code editor is directed to make the following
25transfers:
26a. Section 91.2 to section 10A.203.
27b. Section 91.4 to section 10A.204.
28c. Section 91.5 to section 10A.205.
29d. Section 91.6 to section 10A.206.
30e. Section 91.8 to section 10A.207.
31f. Section 91.9 to section 10A.208.
32g. Section 91.10 to section 10A.209.
33h. Section 91.11 to section 10A.210.
34i. Section 91.15 to section 10A.201.
35j. Section 91.16 to section 10A.211.
-951- 1k. Section 73A.21 to section 8A.311B.
22.The Code editor is directed to rename article II in
3chapter 10A as follows:
4Article II shall be subchapter II and shall be entitled
5“Labor Services” and include sections 10A.200 through 10A.211.
63. The Code editor may modify subchapter titles if necessary
7and is directed to correct internal references in the Code as
8necessary due to enactment of this section.
9WORKERS’ COMPENSATION
10 Sec. 1515. NEW SECTION. 10A.301 Definitions.
11As used in this subchapter, unless the context otherwise
12requires:
131. “Commissioner” means the workers’ compensation
14commissioner appointed pursuant to section 86.1, or the
15commissioner’s designee.
162. “Division” means the division of workers’ compensation of
17the department of inspections, appeals, and licensing.
18 Sec. 1516. NEW SECTION. 10A.302 Workers’ compensation —
19responsibilities.
20The division is responsible for the administration of the
21laws of this state relating to workers’ compensation under this
22subchapter and chapters 85, 85A, 85B, and 87. The executive
23head of the division is the workers’ compensation commissioner,
24appointed pursuant to section 86.1.
25 Sec. 1517. Section 86.1, Code 2023, is amended to read as
26follows:
2786.1 Workers’ compensation commissioner — term appointment.
28The governor shall appoint, subject to confirmation by the
29senate, a workers’ compensation commissioner whose term of
30office who shall be six years beginning and ending as provided
31in section 69.19 serve at the pleasure of the governor. The
32workers’ compensation commissioner shall maintain an office
33at the seat of government. If the office becomes vacant, the
34vacancy shall be filled in the same manner as provided for the
35original appointment. The workers’ compensation commissioner
-952-1must be a lawyer admitted to practice in this state.
2 Sec. 1518. Section 86.7, Code 2023, is amended to read as
3follows:
486.7 Interest in affected business.
5It shall be unlawful for the commissioner to be financially
6interested in any business enterprise coming under or affected
7by this chapter subchapter during the commissioner’s term of
8office, and if the commissioner violates this statute, it shall
9be sufficient grounds for removal from office, and in such
10case the governor shall at once declare the office vacant and
11appoint another to fill the vacancy.
12 Sec. 1519. Section 86.8, subsection 1, paragraph a, Code
132023, is amended to read as follows:
14a. Adopt and enforce rules necessary to implement this
15chapter subchapter and chapters 85, 85A, 85B, and 87.
16 Sec. 1520. Section 86.9, subsections 1 and 2, Code 2023, are
17amended to read as follows:
181. The director of the department of workforce development,
19in consultation with the commissioner, shall, at the time
20provided by law, make an annual report to the governor setting
21forth in appropriate form the business and expense of the
22division of workers’ compensation for the preceding year, the
23number of claims processed by the division and the disposition
24of the claims, and other matters pertaining to the division
25which are of public interest, together with recommendations
26for change or amendment of the laws in this chapter subchapter
27 and chapters 85, 85A, 85B, and 87, and the recommendations, if
28any, shall be transmitted by the governor to the first general
29assembly in session after the report is filed.
302. The commissioner, after consultation with the director
31of the department of workforce development, may compile an
32annual report setting forth the final decisions, rulings, and
33orders of the division for the preceding year and setting forth
34other matters or information which the commissioner considers
35desirable for publication.
-953-1 Sec. 1521. Section 86.13, subsection 1, Code 2023, is
2amended to read as follows:
31. If an employer or insurance carrier pays weekly
4compensation benefits to an employee, the employer or insurance
5carrier shall file with the workers’ compensation commissioner
6in the form and manner required by the workers’ compensation
7commissioner a notice of the commencement of the payments.
8The payments establish conclusively that the employer and
9insurance carrier have notice of the injury for which benefits
10are claimed but the payments do not constitute an admission of
11liability under this chapter subchapter or chapter 85, 85A, or
1285B.
13 Sec. 1522. Section 86.13, subsection 4, paragraph a, Code
142023, is amended to read as follows:
15a. If a denial, a delay in payment, or a termination of
16benefits occurs without reasonable or probable cause or excuse
17known to the employer or insurance carrier at the time of
18the denial, delay in payment, or termination of benefits,
19the workers’ compensation commissioner shall award benefits
20in addition to those benefits payable under this chapter
21 subchapter, or chapter 85, 85A, or 85B, up to fifty percent of
22the amount of benefits that were denied, delayed, or terminated
23without reasonable or probable cause or excuse.
24 Sec. 1523. Section 86.17, Code 2023, is amended to read as
25follows:
2686.17 Hearings — presiding officer — venue.
271. Notwithstanding the provisions of section 17A.11,
28the workers’ compensation commissioner or a deputy workers’
29compensation commissioner shall preside over any contested case
30proceeding brought under this chapter subchapter, or chapter
3185, 85A, or 85B in the manner provided by chapter 17A. The
32deputy commissioner or the commissioner may make such inquiries
33in contested case proceedings as shall be deemed necessary, so
34long as such inquiries do not violate any of the provisions of
35section 17A.17.
-954- 12. Hearings in contested case proceedings under this
2subchapter and chapters 85, and 85A and this chapter shall be
3held in the judicial district where the injury occurred. By
4written stipulation of the parties or by the order of a deputy
5workers’ compensation commissioner or the commissioner, a
6hearing may be held elsewhere. If the injury occurred outside
7this state, or if the proceeding is not one for benefits
8resulting from an injury, hearings shall be held in Polk county
9or as otherwise stipulated by the parties or by order of a
10deputy workers’ compensation commissioner or the workers’
11compensation commissioner.
12 Sec. 1524. Section 86.18, subsection 1, Code 2023, is
13amended to read as follows:
141. Evidence, process and procedure in contested case
15proceedings or appeal proceedings within the agency under this
16chapter, subchapter and chapters 85 and 85A shall be as summary
17as practicable consistent with the requirements of chapter 17A.
18 Sec. 1525. Section 86.19, subsection 1, Code 2023, is
19amended to read as follows:
201. The workers’ compensation commissioner, or a deputy
21commissioner, may appoint or may direct a party to furnish at
22the party’s initial expense a certified shorthand reporter
23to be present and report, or to furnish mechanical means
24to record, and if necessary, transcribe proceedings of any
25contested case under this chapter, subchapter and chapters 85
26and 85A and fix the reasonable amount of compensation for such
27service. The charges shall be taxed as costs and the party
28initially paying the expense of the presence or transcription
29shall be reimbursed. The reporter shall faithfully and
30accurately report the proceedings.
31 Sec. 1526. Section 86.24, subsection 1, Code 2023, is
32amended to read as follows:
331. Any party aggrieved by a decision, order, ruling, finding
34or other act of a deputy commissioner in a contested case
35proceeding arising under this chapter subchapter or chapter 85
-955-1or 85A may appeal to the workers’ compensation commissioner
2in the time and manner provided by rule. The hearing on an
3appeal shall be in Polk county unless the workers’ compensation
4commissioner shall direct the hearing be held elsewhere.
5 Sec. 1527. Section 86.26, subsection 1, Code 2023, is
6amended to read as follows:
71. Judicial review of decisions or orders of the workers’
8compensation commissioner may be sought in accordance
9with chapter 17A. Notwithstanding chapter 17A, the Iowa
10administrative procedure Act, petitions for judicial review
11may be filed in the district court of the county in which the
12hearing under section 86.17 was held, the workers’ compensation
13commissioner shall transmit to the reviewing court the original
14or a certified copy of the entire record of the contested case
15which is the subject of the petition within thirty days after
16receiving written notice from the party filing the petition
17that a petition for judicial review has been filed, and an
18application for stay of agency action during the pendency of
19judicial review shall not be filed in the division of workers’
20compensation of the department of workforce development
21 but shall be filed with the district court. Such a review
22proceeding shall be accorded priority over other matters
23pending before the district court.
24 Sec. 1528. Section 86.29, Code 2023, is amended to read as
25follows:
2686.29 The judicial review petition.
27Notwithstanding chapter 17A, the Iowa administrative
28procedure Act, in a petition for judicial review of a decision
29of the workers’ compensation commissioner in a contested case
30under this chapter subchapter or chapter 85, 85A, 85B, or 87,
31the opposing party shall be named the respondent, and the
32agency shall not be named as a respondent.
33 Sec. 1529. Section 86.39, Code 2023, is amended to read as
34follows:
3586.39 Fees — approval.
-956- 11. All fees or claims for legal, medical, hospital, and
2burial services rendered under this chapter subchapter and
3chapters 85, 85A, 85B, and 87 are subject to the approval of
4the workers’ compensation commissioner. For services rendered
5in the district court and appellate courts, the attorney fee is
6subject to the approval of a judge of the district court.
72. An attorney shall not recover fees for legal services
8based on the amount of compensation voluntarily paid or agreed
9to be paid to an employee for temporary or permanent disability
10under this chapter subchapter, or chapter 85, 85A, 85B, or
1187. An attorney shall only recover a fee based on the amount
12of compensation that the attorney demonstrates would not have
13been paid to the employee but for the efforts of the attorney.
14Any disputes over the recovery of attorney fees under this
15subsection shall be resolved by the workers’ compensation
16commissioner.
17 Sec. 1530. Section 86.43, Code 2023, is amended to read as
18follows:
1986.43 Judgment — modification.
20Upon the presentation to the court of a file-stamped copy
21of a decision of the workers’ compensation commissioner,
22ending, diminishing, or increasing the compensation under the
23provisions of this chapter subchapter, the court shall revoke
24or modify the decree or judgment to conform to such decision.
25 Sec. 1531. Section 86.44, Code 2023, is amended to read as
26follows:
2786.44 Confidentiality.
281. All verbal or written information relating to the subject
29matter of an agreement and transmitted between any party to
30a dispute and a mediator to resolve a dispute pursuant to
31this chapter subchapter or chapter 85, 85A, or 85B, during
32any stage of a mediation or a dispute resolution process
33conducted by a mediator as provided in this section, whether
34reflected in notes, memoranda, or other work products in the
35case files, is a confidential communication except as otherwise
-957-1expressly provided in this chapter. Mediators involved in
2a mediation or a dispute resolution process shall not be
3examined in any judicial or administrative proceeding regarding
4confidential communications and are not subject to judicial or
5administrative process requiring the disclosure of confidential
6communications.
72. For purposes of this section, “mediator” means a chief
8deputy workers’ compensation commissioner or deputy workers’
9compensation commissioner acting in the capacity to resolve a
10dispute pursuant to this chapter subchapter or chapter 85, 85A,
11or 85B, or an employee of the division of workers’ compensation
12involved during any stage of a process to resolve a dispute.
13 Sec. 1532. CODE EDITOR DIRECTIVE.
141. The Code editor is directed to make the following
15transfers:
16a. Section 86.1 to section 10A.303.
17b. Section 86.2 to section 10A.304.
18c. Section 86.3 to section 10A.305.
19d. Section 86.4 to section 10A.306.
20e. Section 86.5 to section 10A.307.
21f. Section 86.6 to section 10A.308.
22g. Section 86.7 to section 10A.309.
23h. Section 86.8 to section 10A.310.
24i. Section 86.9 to section 10A.311.
25j. Section 86.10 to section 10A.312.
26k. Section 86.11 to section 10A.313.
27l. Section 86.12 to section 10A.314.
28m. Section 86.13 to section 10A.315.
29n. Section 86.13A to section 10A.316.
30o. Section 86.14 to section 10A.317.
31p. Section 86.17 to section 10A.318.
32q. Section 86.18 to section 10A.319.
33r. Section 86.19 to section 10A.320.
34s. Section 86.24 to section 10A.321.
35t. Section 86.26 to section 10A.322.
-958- 1u. Section 86.27 to section 10A.323.
2v. Section 86.29 to section 10A.324.
3w. Section 86.32 to section 10A.325.
4x. Section 86.38 to section 10A.326.
5y. Section 86.39 to section 10A.327.
6z. Section 86.40 to section 10A.328.
7aa. Section 86.41 to section 10A.329.
8ab. Section 86.42 to section 10A.330.
9ac. Section 86.43 to section 10A.331.
10ad. Section 86.44 to section 10A.332.
11ae. Section 86.45 to section 10A.333.
122.The Code editor is directed to rename article III in
13chapter 10A as follows:
14Article III shall be subchapter III and shall be entitled
15“Workers’ Compensation” and include sections 10A.301 through
1610A.333.
173. The Code editor may modify subchapter titles if necessary
18and is directed to correct internal references in the Code as
19necessary due to enactment of this section.
20LICENSING AND REGULATION ACTIVITIES
21 Sec. 1533. NEW SECTION. 10A.502 Responsibilities.
22The director shall coordinate the department’s conduct of
23various licensing and regulatory functions of the state under
24the administrative authority of the department including but
25not limited to all of the following:
261. Licensing and regulation of certain fire control and
27building code-related activities and professions.
282. Licensing and regulation of certain health-related
29professions.
303. Licensing and regulation of certain business and
31commerce-related professions.
32 Sec. 1534. NEW SECTION. 10A.507 Licensing and regulation
33fund.
341. A licensing and regulation fund is created in the state
35treasury under the control of the department of inspections,
-959-1appeals, and licensing. Moneys in the fund are appropriated
2to the department to be used to fulfill the administration and
3enforcement responsibilities of the department and boards under
4the purview of the department under this subchapter.
52. The fund shall consist of moneys and fees collected by
6the department for deposit in the fund.
73. Notwithstanding section 8.33, moneys in the fund
8that remain unencumbered or unobligated at the close of the
9fiscal year shall not revert but shall remain available for
10expenditure for the purposes designated in succeeding fiscal
11years. Notwithstanding section 12C.7, subsection 2, interest
12or earnings on moneys deposited in the fund shall be credited
13to the fund.
14 Sec. 1535. NEW SECTION. 10A.511 Fire control duties.
15The duties of the director as it relates to fire control
16shall be as follows:
171. To enforce all laws, and the rules and regulations of the
18department concerned with all of the following:
19a. The prevention of fires.
20b. The storage, transportation, handling, and use of
21flammable liquids, combustibles, fireworks, and explosives.
22c. The storage, transportation, handling, and use of liquid
23petroleum gas.
24d. The electric wiring and heating, and adequate means of
25exit in case of fire, from churches, schools, hotels, theaters,
26amphitheaters, asylums, hospitals, health care facilities as
27defined in section 135C.1, college buildings, lodge halls,
28public meeting places, and all other structures in which
29persons congregate from time to time, whether publicly or
30privately owned.
312. To promote fire safety and reduction of loss by fire
32through educational methods.
333. To promulgate fire safety rules in consultation with the
34state fire marshal. The director shall have exclusive right
35to promulgate fire safety rules as they apply to enforcement
-960-1or inspection requirements by the department, but the rules
2shall be promulgated pursuant to chapter 17A. Wherever by
3any statute the director or the department is authorized
4or required to promulgate, proclaim, or amend rules and
5minimum standards regarding fire hazards or fire safety or
6protection in any establishment, building, or structure, the
7rules and standards shall promote and enforce fire safety,
8fire protection, and the elimination of fire hazards as the
9rules may relate to the use, occupancy, and construction
10of the buildings, establishments, or structures. The word
11“construction” shall include but is not limited to electrical
12wiring, plumbing, heating, lighting, ventilation, construction
13materials, entrances and exits, and all other physical
14conditions of the building which may affect fire hazards,
15safety, or protection. The rules and minimum standards shall
16be in substantial compliance except as otherwise specifically
17provided in this chapter, with the standards of the national
18fire protection association relating to fire safety as
19published in the national fire codes.
204. To adopt rules designating a fee to be assessed to
21each building, structure, or facility for which a fire safety
22inspection or plan review by the director is required by law.
23The fee designated by rule shall be set in an amount that is
24reasonably related to the costs of conducting the applicable
25inspection or plan review. The fees collected by the
26department shall be deposited in the general fund of the state.
275. To administer the fire extinguishing system contractor,
28alarm system contractor, and alarm system installer
29certification program established in chapter 100C.
306. To order the suspension of the use of consumer fireworks,
31display fireworks, or novelties, as described in section 727.2,
32if the state fire marshal determines that the use of such
33devices would constitute a threat to public safety.
34 Sec. 1536. NEW SECTION. 10A.512 Inspections.
35The director, and the director’s designated subordinates,
-961-1in the performance of their duties under this part, shall have
2authority to enter any building or premises and to examine the
3same and the contents thereof.
4 Sec. 1537. NEW SECTION. 10A.533 Enforcement.
51. If any local board, as defined in section 135.1, shall
6fail to enforce the rules of the department under this part or
7carry out the department’s lawful directions under this part,
8the department may enforce the same within the territorial
9jurisdiction of such local board, and for that purpose it may
10exercise all of the powers given by statute to the local board,
11and may employ the necessary assistants to carry out its lawful
12directions.
132. All expenses incurred by the department in determining
14whether its rules are enforced by a local board under this
15part, and in enforcing the same when a local board has failed
16to do so, shall be paid in the same manner as the expenses of
17enforcing such rules when enforced by the local board.
183. All peace officers of the state when called upon by the
19department shall enforce the department’s rules under this part
20and execute the lawful orders of the department under this part
21within their respective jurisdictions.
22 Sec. 1538. NEW SECTION. 10A.534 Penalties.
231. Any person who knowingly violates any provision of this
24part, or of the rules of the department under this part, or
25any lawful order, written or oral, of the department or of its
26officers, or authorized agents under this part, shall be guilty
27of a simple misdemeanor.
282. Any person resisting or interfering with the department,
29its employees, or authorized agents, in the discharge of any
30duty imposed by law under this part shall be guilty of a simple
31misdemeanor.
32 Sec. 1539. Section 12.83, Code 2023, is amended to read as
33follows:
3412.83 School infrastructure fund moneys — state fire marshal
35 allocation to department of inspections, appeals, and licensing.
-962- 1During the term of the school infrastructure program
2established in section 292.2, up to fifty thousand dollars
3of the moneys deposited each fiscal year in the school
4infrastructure fund shall be allocated each fiscal year to the
5department of public safety inspections, appeals, and licensing
6 for the use of the state fire marshal department. The funds
7shall be used by the state fire marshal department solely
8for the purpose of retaining an architect or architectural
9firm to evaluate structures for which school infrastructure
10program grant applications are made, to consult with school
11district representatives, to review construction drawings and
12blueprints, and to perform related duties at the direction of
13the state fire marshal department to ensure the best possible
14use of moneys received by a school district under the school
15infrastructure program. The state fire marshal department
16 shall provide for the review of plans, drawings, and blueprints
17in a timely manner.
18 Sec. 1540. Section 72.5, subsection 2, Code 2023, is amended
19to read as follows:
202. The director of the economic development authority,
21in consultation with the department of management, and the
22 state building code commissioner, and state fire marshal, shall
23develop standards and methods to evaluate design development
24documents and construction documents based upon life cycle cost
25factors to facilitate fair and uniform comparisons between
26design proposals and informed decision making by public bodies.
27 Sec. 1541. Section 88A.11, subsection 2, Code 2023, is
28amended to read as follows:
292. A concession booth, amusement device or ride which is
30owned and operated by a nonprofit religious, educational or
31charitable institution or association if such booth, device or
32ride is located within a building subject to inspection by the
33state fire marshal director or by any political subdivisions
34of the state under its building, fire, electrical, and related
35public safety ordinances.
-963-1 Sec. 1542. Section 100.1, subsections 3, 4, 5, 6, and 7,
2Code 2023, are amended by striking the subsections.
3 Sec. 1543. Section 100.1, subsection 8, Code 2023, is
4amended to read as follows:
58. To recommend to the director of the department of
6inspections, appeals, and licensing, that the director order
7the suspension of the use of consumer fireworks, display
8fireworks, or novelties, as described in section 727.2, if the
9fire marshal determines that the use of such devices would
10constitute a threat to public safety.
11 Sec. 1544. Section 100.11, Code 2023, is amended to read as
12follows:
13100.11 Fire escapes.
14It shall be the duty of the fire marshal director to enforce
15all laws relating to fire escapes.
16 Sec. 1545. Section 100.12, Code 2023, is amended to read as
17follows:
18100.12 Authority for inspection — orders.
19The chief of a fire department or an authorized subordinate
20who is trained in fire prevention safety standards may enter
21a building or premises at a reasonable hour to examine the
22building or premises and its contents. The examining official
23shall order the correction of a condition which is in violation
24of this chapter, a rule adopted under this chapter, or a
25city or county fire safety ordinance. The order shall be
26in writing or, if the danger is imminent, orally followed by
27a written order. The examining official shall enforce the
28order in accordance with the applicable law or ordinance. At
29the request of the examining official the state fire marshal
30 director may assist in an enforcement action.
31 Sec. 1546. Section 100.13, Code 2023, is amended to read as
32follows:
33100.13 Violations — orders.
341. If a person has violated or is violating a provision of
35this chapter or a rule adopted pursuant to this chapter, the
-964-1state fire marshal director, the chief of any fire department,
2or the fire prevention officer of a fire department organized
3under chapter 400 may issue an order directing the person to
4desist in the practice which constitutes the violation and
5to take corrective action as necessary to ensure that the
6violation will cease. The order shall be in writing and shall
7specify a reasonable time by which the person shall comply
8with the order. The person to whom the order is issued may
9appeal the order as provided in chapter 17A. On appeal,
10the administrative law judge may affirm, modify, or vacate
11the order. Judicial review may be sought in accordance with
12chapter 17A.
132. Notwithstanding any other provision of law to the
14contrary, if the state fire marshal director determines that
15an emergency exists respecting any matter affecting or likely
16to affect the public safety, the fire marshal director may
17issue any order necessary to terminate the emergency without
18notice or hearing. An emergency order is binding and effective
19immediately, until or unless the order is modified, vacated, or
20stayed at an administrative hearing or by a district court.
21 Sec. 1547. Section 100.14, Code 2023, is amended to read as
22follows:
23100.14 Legal proceedings — penalties — injunctive relief.
24At the request of the state fire marshal director, the
25county attorney shall institute any legal proceedings on behalf
26of the state necessary to obtain compliance or enforce the
27penalty provisions of this chapter or rules or orders adopted
28or issued pursuant to this chapter, including, but not limited
29to, a legal action for injunctive relief. The county attorney
30or any other attorney acting on behalf of the chief of a fire
31department or a fire prevention officer may institute legal
32proceedings, including, but not limited to, a legal action for
33injunctive relief, to obtain compliance or enforce the penalty
34provisions or orders issued pursuant to section 100.13.
35 Sec. 1548. Section 100.16, Code 2023, is amended to read as
-965-1follows:
2100.16 Judicial review — court costs.
31. Judicial review of actions of the fire marshal director
4 may be sought in accordance with the terms of the Iowa
5administrative procedure Act pursuant to chapter 17A. If
6legal proceedings have been instituted pursuant to section
7100.14, all related issues which could otherwise be raised in
8a proceeding for judicial review shall be raised in the legal
9proceedings instituted pursuant to section 100.14.
102. Upon judicial review of the fire marshal’s director’s
11 action, if the court affirms the agency action, the court
12shall tax all court costs of the review proceeding against the
13appellant. However, if the court reverses, revokes, or annuls
14the fire marshal’s director’s action, the court shall tax all
15court costs of the review proceeding against the agency. If
16the fire marshal’s director’s action is modified or the matter
17is remanded to the agency for further proceedings, the court
18shall apportion the court costs within the discretion of the
19court.
20 Sec. 1549. Section 100.18, subsections 2, 3, 4, 5, 6, and 7,
21Code 2023, are amended to read as follows:
222. a. Except as provided in subsection 4, multiple-unit
23residential buildings and single-family dwellings the
24construction of which is begun on or after July 1, 1991, shall
25include the installation of smoke detectors in compliance with
26the rules established by the state fire marshal director under
27subsection 5.
28b. The rules shall require the installation of smoke
29detectors in existing single-family rental units and
30multiple-unit residential buildings. Existing single-family
31dwelling units shall be equipped with approved smoke detectors.
32A person who files for a homestead credit pursuant to chapter
33425 shall certify that the single-family dwelling unit for
34which the credit is filed has a smoke detector installed in
35compliance with this section, or that one will be installed
-966-1within thirty days of the date the filing for the credit is
2made. The state fire marshal director shall adopt rules and
3establish appropriate procedures to administer this subsection.
4c. An owner or an owner’s agent of a multiple-unit
5residential building or single-family dwelling shall supply
6light-emitting smoke detectors, upon request, for a tenant who
7is deaf or hard of hearing.
83. a. Multiple-unit residential buildings and single-family
9dwellings, the construction of which is begun on or after
10July 1, 2018, and that have a fuel-fired heater or appliance,
11a fireplace, or an attached garage, shall include the
12installation of carbon monoxide alarms in compliance with the
13rules established by the state fire marshal director under
14subsection 5.
15b. The rules shall require the installation of carbon
16monoxide alarms in existing single-family rental units and
17multiple-unit residential buildings that have a fuel-fired
18heater or appliance, a fireplace, or an attached garage.
19Existing single-family dwellings that have a fuel-fired heater
20or appliance, a fireplace, or an attached garage shall be
21equipped with approved carbon monoxide alarms. For purposes
22of this paragraph, “approved carbon monoxide alarm” means a
23carbon monoxide alarm that meets the standards established by
24the underwriters’ laboratories or is approved by the state fire
25marshal director as established by rule under subsection 5. A
26person who files for a homestead credit pursuant to chapter 425
27shall certify that the single-family dwelling for which the
28credit is filed and that has a fuel-fired heater or appliance,
29a fireplace, or an attached garage, has carbon monoxide alarms
30installed in compliance with this section, or that such alarms
31will be installed within thirty days of the date the filing
32for the credit is made. The state fire marshal director shall
33adopt rules and establish appropriate procedures to administer
34this subsection.
35c. An owner of a multiple-unit residential building or
-967-1a single-family rental unit that has a fuel-fired heater or
2appliance, a fireplace, or an attached garage, or an owner’s
3agent, shall supply light-emitting carbon monoxide alarms, upon
4request, for a tenant who is deaf or hard of hearing.
5d. The owner of a building requiring the installation of
6carbon monoxide alarms under this subsection shall install
7a carbon monoxide alarm in a location as specified by rules
8established by the state fire marshal director under subsection
95, taking into account the number and location of all fuel
10sources in the building.
114. This section does not require the following:
12a. The installation of smoke detectors in multiple-unit
13residential buildings which, on July 1, 1981, are equipped
14with heat detection devices or a sprinkler system with alarms
15approved by the state fire marshal director.
16b. The installation of smoke detectors in hotels, motels,
17and dormitories equipped with an automatic smoke detection
18system approved by the state fire marshal director.
195. The state fire marshal director shall enforce the
20requirements of subsections 2 and 3 and may implement a program
21of inspections to monitor compliance with the provisions of
22those subsections. Upon inspection, the state fire marshal
23 director shall issue a written notice to the owner or manager
24of a multiple-unit residential building or single-family
25rental unit informing the owner or manager of compliance or
26noncompliance with this section. The state fire marshal
27 director may contract with any political subdivision without
28fee assessed to either the state fire marshal director or the
29political subdivision, for the performance of the inspection
30and notification responsibilities. The inspections authorized
31under this section are limited to the placement, repair, and
32operability of smoke detectors and carbon monoxide alarms. Any
33broader inspection authority is not derived from this section.
34The state fire marshal director shall adopt rules under chapter
3517A as necessary to enforce this section including rules
-968-1concerning the placement of smoke detectors and carbon monoxide
2alarms and the use of acceptable smoke detectors and carbon
3monoxide alarms. The smoke detectors and carbon monoxide
4alarms shall display a label or other identification issued
5by an approved testing agency or another label specifically
6approved by the state fire marshal director.
76. The inspection of a building or notification of
8compliance or noncompliance under this section is not the basis
9for a legal cause of action against the political subdivision,
10state fire marshal director, the fire marshal’s director’s
11 subordinates, chiefs of local fire departments, building
12inspectors, or other fire, building, or safety officials due
13to a failure to discover a latent defect in the course of the
14inspection.
157. If a smoke detector or carbon monoxide alarm is found
16to be inoperable, the owner or manager of the multiple-unit
17residential building or single-family rental unit shall correct
18the situation within thirty days after written notification
19to the owner or manager by the tenant, guest, roomer, state
20fire marshal director, fire marshal’s director’s subordinates,
21chiefs of local fire departments, building inspectors, or other
22fire, building, or safety officials. If the owner or manager
23of a multiple-unit residential building or single-family rental
24unit fails to correct the situation within the thirty days
25the tenant, guest, or roomer may cause the smoke detector or
26carbon monoxide alarm to be repaired or purchase and install
27a smoke detector or carbon monoxide alarm required under this
28section and may deduct the repair cost or purchase price from
29the next rental payment or payments made by the tenant, guest,
30or roomer. However, a lessor or owner may require a lessee,
31tenant, guest, or roomer who has a residency of longer than
32thirty days to provide the battery for a battery operated smoke
33detector or carbon monoxide alarm.
34 Sec. 1550. Section 100.19, subsection 2, paragraph a, Code
352023, is amended to read as follows:
-969- 1a. The state fire marshal director shall establish a
2consumer fireworks seller license. An application for a
3consumer fireworks seller license shall be made on a form
4provided by the state fire marshal director. The state fire
5marshal director shall adopt rules consistent with this section
6establishing minimum requirements for a retailer or community
7group to be issued a consumer fireworks seller license.
8 Sec. 1551. Section 100.19, subsection 3, paragraph a,
9unnumbered paragraph 1, Code 2023, is amended to read as
10follows:
11The state fire marshal director shall establish a fee
12schedule for consumer fireworks seller licenses as follows:
13 Sec. 1552. Section 100.19, subsection 4, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15The state fire marshal director shall adopt rules to:
16 Sec. 1553. Section 100.19, subsections 6, 7, and 8, Code
172023, are amended to read as follows:
186. a. The state fire marshal director shall adopt rules to
19provide that a person’s consumer fireworks seller license may
20be revoked for the intentional violation of this section. The
21proceedings for revocation shall be held before the division of
22the state fire marshal department, which may revoke the license
23or licenses involved as provided in paragraph “b”.
24b. (1) If, upon the hearing of the order to show cause, the
25division of the state fire marshal department finds that the
26licensee intentionally violated this section, then the license
27or licenses under which the licensed retailer or community
28group sells first-class consumer fireworks or second-class
29consumer fireworks, shall be revoked.
30(2) Judicial review of actions of the division of the state
31fire marshal department may be sought in accordance with the
32terms of the Iowa administrative procedure Act, chapter 17A.
33 If the licensee has not filed a petition for judicial review
34in district court, revocation shall date from the thirty-first
35day following the date of the order of the division of the
-970-1state fire marshal department. If the licensee has filed a
2petition for judicial review, revocation shall date from the
3thirty-first day following entry of the order of the district
4court, if action by the district court is adverse to the
5licensee.
6(3) A new license shall not be issued to a person whose
7license has been revoked, or to the business in control of the
8premises on which the violation occurred if it is established
9that the owner of the business had actual knowledge of the
10violation resulting in the license revocation, for the period
11of one year following the date of revocation.
127. a. A consumer fireworks fee fund is created in the
13state treasury under the control of the state fire marshal
14 director. Notwithstanding section 12C.7, interest or earnings
15on moneys in the consumer fireworks fee fund shall be credited
16to the consumer fireworks fee fund. Moneys in the fund are
17appropriated to the state fire marshal director to be used to
18fulfill the responsibilities of the state fire marshal director
19 for the administration and enforcement of this section and
20section 100.19A and to provide grants pursuant to paragraph “b”.
21The fund shall include the fees collected by the state fire
22marshal director under the fee schedule established pursuant to
23subsection 3 and the fees collected by the state fire marshal
24 director under section 100.19A for wholesaler registration.
25b. The state fire marshal director shall establish a local
26fire protection and emergency medical service providers grant
27program to provide grants in the following order of priority:
28(1) Local fire protection service providers and local
29emergency medical service providers to establish or provide
30fireworks safety education programming to members of the
31public, and for the purchase of necessary enforcement,
32protection, or emergency response equipment related to the sale
33and use of consumer fireworks in this state.
34(2) Local volunteer fire protection service providers for
35the purchase of necessary enforcement, protection, or emergency
-971-1response equipment.
28. The state fire marshal director shall adopt rules for the
3administration of this section.
4 Sec. 1554. Section 100.19A, subsections 2 and 3, Code 2023,
5are amended to read as follows:
62. The state fire marshal director shall adopt rules to
7require all wholesalers to annually register with the state
8fire marshal director. The state fire marshal director
9 may also adopt rules to regulate the storage or transfer of
10consumer fireworks by wholesalers and to require wholesalers
11to maintain insurance.
123. The state fire marshal director shall establish an
13annual registration fee of one thousand dollars for wholesalers
14of consumer fireworks within the state. Registration fees
15collected pursuant to this section shall be deposited in the
16consumer fireworks fee fund created in section 100.19.
17 Sec. 1555. Section 100.31, Code 2023, is amended to read as
18follows:
19100.31 Fire and tornado drills in schools — warning systems
20— inspections.
211. It shall be the duty of the state fire marshal director
22 and the fire marshal’s director’s designated subordinates to
23require all private and public school officials and teachers to
24conduct not less than four fire drills and not less than four
25tornado drills in all school buildings during each school year
26when school is in session; and to require the officials and
27teachers of all schools to keep all doors and exits of their
28respective rooms and buildings unlocked when occupied during
29school hours or when such areas are being used by the public at
30other times. Not less than two drills of each type shall be
31conducted between July 1 and December 31 of each year and not
32less than two drills of each type shall be conducted between
33January 1 and June 30 of each year.
342. Every school building with two or more classrooms
35shall have a warning system for fires of a type approved by
-972-1the underwriters’ laboratories and by the state fire marshal
2 director. The warning system shall be used only for fire
3drills or as a warning for emergency. Schools may modify
4the fire warning system for use as a tornado warning system
5or shall install a separate tornado warning system. Every
6school building shall also be equipped with portable fire
7extinguishers, with the type, size and number in accordance
8with national fire protection association standards and
9approved by the state fire marshal director.
103. The state fire marshal director or the fire marshal’s
11 director’s deputies shall cause each public or private school,
12college, or university to be inspected at least once every two
13years to determine whether each school meets the fire safety
14standards of this Code and is free from other fire hazards.
15Provided, however, that cities which employ fire department
16inspectors shall cause such inspections to be made.
17 Sec. 1556. Section 100.35, Code 2023, is amended to read as
18follows:
19100.35 Rules of marshal director — penalties.
201. The fire marshal director shall adopt, and may amend
21rules under chapter 17A, which include standards relating
22to exits and exit lights, fire escapes, fire protection,
23fire safety and the elimination of fire hazards, in and for
24churches, schools, hotels, theaters, amphitheaters, hospitals,
25health care facilities as defined in section 135C.1, boarding
26homes or housing, rest homes, dormitories, college buildings,
27lodge halls, club rooms, public meeting places, places of
28amusement, apartment buildings, food establishments as defined
29in section 137F.1, and all other buildings or structures in
30which persons congregate from time to time, whether publicly
31or privately owned. Violation of a rule adopted by the fire
32marshal director is a simple misdemeanor. However, upon
33proof that the fire marshal director gave written notice to
34the defendant of the violation, and proof that the violation
35constituted a clear and present danger to life, and proof that
-973-1the defendant failed to eliminate the condition giving rise
2to the violation within thirty days after receipt of notice
3from the fire marshal director, the penalty is that provided
4by law for a serious misdemeanor. Each day of the continuing
5violation of a rule after conviction of a violation of the rule
6is a separate offense. A conviction is subject to appeal as in
7other criminal cases.
82. Rules by the fire marshal director affecting the
9construction of new buildings, additions to buildings or
10rehabilitation of existing buildings and related to fire
11protection, shall be substantially in accord with the
12provisions of the nationally recognized building and related
13codes adopted as the state building code pursuant to section
14103A.7 or with codes adopted by a local subdivision which are
15in substantial accord with the codes comprising the state
16building code.
173. The rules adopted by the state fire marshal director
18 under this section shall provide standards for fire resistance
19of cellulose insulation sold or used in this state, whether for
20public or private use. The rules shall provide for approval of
21the cellulose insulation by at least one nationally recognized
22independent testing laboratory.
23 Sec. 1557. Section 100.38, Code 2023, is amended to read as
24follows:
25100.38 Conflicting statutes.
26Provisions of this chapter part in conflict with the state
27building code, as adopted pursuant to section 103A.7, shall not
28apply where the state building code has been adopted or when
29the state building code applies throughout the state.
30 Sec. 1558. Section 100.39, subsections 1, 2, and 3, Code
312023, are amended to read as follows:
321. All buildings approved for construction after July 1,
331998, that exceed four stories in height, or seventy-five feet
34above grade, shall require the installation of an approved
35automatic fire extinguishing system designed and installed in
-974-1conformity with rules promulgated by the state fire marshal
2 director pursuant to this chapter part.
32. The requirements of this section shall not apply to the
4following:
5a. Any noncombustible elevator storage structure or any
6noncombustible plant building with noncombustible contents.
7b. Any combustible elevator storage structure that is
8equipped with an approved drypipe, nonautomatic sprinkler and
9automatic alarm system.
10c. Buildings in existence or under construction on August
1115, 1975. However, if subsequent to that date any building is
12enlarged or altered beyond the height limitations applicable to
13new buildings, such building in its entirety shall be subject
14to all the provisions of this section.
15d. Any open parking garage structure which is in compliance
16with rules adopted by the state fire marshal director.
173. Plans and installation of systems shall be approved by
18the state fire marshal director, a designee of the state fire
19marshal director, or local authorities having jurisdiction.
20Except where local fire protection regulations are more
21stringent, the provisions of this section shall be applicable
22to all buildings, whether privately or publicly owned. The
23definition of terms shall be in conformity, insofar as
24possible, with definitions found in the state building code
25adopted pursuant to section 103A.7.
26 Sec. 1559. Section 100.41, Code 2023, is amended to read as
27follows:
28100.41 Authority to cite violations.
29Fire officials acting under the authority of this chapter
30 part may issue citations in accordance with chapter 805, for
31violations of this chapter part or a violation of a local fire
32safety code.
33 Sec. 1560. Section 100C.1, Code 2023, is amended by adding
34the following new subsections:
35 NEW SUBSECTION. 8A. “Department” means the department of
-975-1inspections, appeals, and licensing.
2 NEW SUBSECTION. 8B. “Director” means the director of
3the department of inspections, appeals, and licensing or the
4director’s designee.
5 Sec. 1561. Section 100C.1, subsection 14, Code 2023, is
6amended to read as follows:
714. “Responsible managing employee” means one of the
8following:
9a. An owner, partner, officer, or manager employed full-time
10by a fire extinguishing system contractor who is certified
11by the national institute for certification in engineering
12technologies at a level three in fire protection technology,
13automatic sprinkler system layout, or another certification in
14automatic sprinkler system layout recognized by rules adopted
15by the fire marshal director pursuant to section 100C.7 or who
16meets any other criteria established by rule.
17b. An owner, partner, officer, or manager employed full-time
18by an alarm system contractor who is certified by the national
19institute for certification in engineering technologies in fire
20alarm systems or security systems at a level established by the
21fire marshal director by rule or who meets any other criteria
22established by rule under this chapter. The rules may provide
23for separate endorsements for fire alarm systems, security
24alarm systems, and nurse call systems and may require separate
25qualifications for each.
26 Sec. 1562. Section 100C.2, subsection 4, paragraph b, Code
272023, is amended to read as follows:
28b. An employee or subcontractor of a certified alarm system
29contractor who is an alarm system installer, and who is not
30licensed pursuant to chapter 103 shall obtain and maintain
31certification as an alarm system installer and shall meet and
32maintain qualifications established by the state fire marshal
33 director by rule.
34 Sec. 1563. Section 100C.3, subsections 1, 3, and 5, Code
352023, are amended to read as follows:
-976- 11. A fire extinguishing system contractor, an alarm system
2contractor, or an alarm system installer shall apply for a
3certificate on a form prescribed by the state fire marshal
4 director. The application shall be accompanied by a fee in an
5amount prescribed by rule pursuant to section 100C.7 and shall
6include all of the following information, as applicable:
7a. The name, address, and telephone number of the contractor
8or installer and, in the case of an installer, the name and
9certification number of the contractor by whom the installer is
10employed, including all legal and fictitious names.
11b. Proof of insurance coverage required by section 100C.4.
12c. The name and qualifications of the person designated as
13the contractor’s responsible managing employee and of persons
14designated as alternate responsible managing employees.
15d. Any other information deemed necessary by the state fire
16marshal director.
173. Upon receipt of a completed application and prescribed
18fees, if the contractor or installer meets all requirements
19established by this chapter, the state fire marshal director
20 shall issue a certificate to the contractor or installer within
21thirty days.
225. Any change in the information provided in the application
23shall be promptly reported to the state fire marshal director.
24When the employment of a responsible managing employee is
25terminated, the contractor shall notify the state fire marshal
26 director within thirty days after termination.
27 Sec. 1564. Section 100C.4, Code 2023, is amended to read as
28follows:
29100C.4 Insurance.
301. A fire extinguishing system contractor shall maintain
31general and complete operations liability insurance for
32the layout, installation, repair, alteration, addition,
33maintenance, and inspection of automatic fire extinguishing
34systems in an amount determined by the state fire marshal
35 director by rule.
-977- 12. An alarm system contractor shall maintain general
2and complete operations liability insurance for the layout,
3installation, repair, alteration, addition, maintenance, and
4inspection of alarm systems in an amount determined by the
5state fire marshal director by rule.
6 Sec. 1565. Section 100C.5, Code 2023, is amended to read as
7follows:
8100C.5 Suspension and revocation.
91. The state fire marshal director shall suspend or revoke
10the certificate of any contractor or installer who fails to
11maintain compliance with the conditions necessary to obtain a
12certificate. A certificate may also be suspended or revoked
13if any of the following occur:
14a. The employment or relationship of a responsible managing
15employee with a contractor is terminated, unless the contractor
16has included a qualified alternate on the application or an
17application designating a new responsible managing employee is
18filed with the state fire marshal director within six months
19after the termination.
20b. The contractor or installer fails to comply with any
21provision of this chapter.
22c. The contractor or installer fails to comply with any
23other applicable codes and ordinances.
242. If a certificate is suspended pursuant to this section,
25the certificate shall not be reinstated until the condition or
26conditions which led to the suspension have been corrected.
273. The state fire marshal director shall adopt rules
28pursuant to section 100C.7 for the acceptance and processing
29of complaints against certificate holders, for procedures to
30suspend and revoke certificates, and for appeals of decisions
31to suspend or revoke certificates.
32 Sec. 1566. Section 100C.7, Code 2023, is amended to read as
33follows:
34100C.7 Administration — rules.
35The state fire marshal director shall administer this
-978-1chapter and, after consultation with the fire extinguishing
2system contractors and alarm systems advisory board, shall
3adopt rules pursuant to chapter 17A necessary for the
4administration and enforcement of this chapter.
5 Sec. 1567. Section 100C.8, subsection 2, Code 2023, is
6amended to read as follows:
72. The state fire marshal director may impose a civil
8penalty of up to five hundred dollars on any person who
9violates any provision of this chapter for each day a violation
10continues. The state fire marshal director may adopt rules
11necessary to enforce and collect any penalties imposed pursuant
12to this chapter.
13 Sec. 1568. Section 100C.9, Code 2023, is amended to read as
14follows:
15100C.9 Deposit and use of moneys collected.
161. All fees assessed pursuant to this chapter shall be
17retained as repayment receipts by the division of state fire
18marshal in the department of public safety and such fees
19received shall be used exclusively to offset the costs of
20administering this chapter.
212. Notwithstanding section 8.33, fees collected by
22the division of state fire marshal department that remain
23unencumbered or unobligated at the close of the fiscal year
24shall not revert but shall remain available for expenditure for
25the purposes designated in succeeding fiscal years.
26 Sec. 1569. Section 100C.10, subsection 1, Code 2023, is
27amended to read as follows:
281. A fire extinguishing system contractors and alarm
29systems advisory board is established in the division of state
30fire marshal of the department of public safety and shall
31advise the division department on matters pertaining to the
32application and certification of contractors and installers
33pursuant to this chapter.
34 Sec. 1570. Section 100C.10, subsection 2, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-979- 1The board shall consist of eleven voting members appointed
2by the commissioner of public safety director as follows:
3 Sec. 1571. Section 100C.10, subsections 3 and 4, Code 2023,
4are amended to read as follows:
53. The state fire marshal, or the state fire marshal’s
6designee, the director, and the chairperson of the electrical
7examining board created in section 103.2 shall be nonvoting ex
8officio members of the board.
94. The commissioner shall initially appoint two members
10for two-year terms, two members for four-year terms, and three
11members for six-year terms. Following the expiration of the
12terms of initially appointed members, each Each term thereafter
13 shall be for a period of six years. No member shall serve
14more than two consecutive terms. If a position on the board
15becomes vacant prior to the expiration of a member’s term, the
16member appointed to the vacancy shall serve the balance of the
17unexpired term.
18 Sec. 1572. Section 100D.1, subsections 2 and 10, Code 2023,
19are amended to read as follows:
202. “Department” means the department of public safety
21 inspections, appeals, and licensing.
2210. “Responsible managing employee” means an owner, partner,
23officer, or manager employed full-time by a fire extinguishing
24system contractor who is certified by the national institute
25for certification in engineering technologies at a level three
26in fire protection technology, automatic sprinkler system
27layout, or another certification in automatic sprinkler system
28layout recognized by rules adopted by the fire marshal director
29 pursuant to section 100C.7 or who meets any other criteria
30established by rule.
31 Sec. 1573. Section 100D.1, subsection 3, Code 2023, is
32amended by striking the subsection and inserting in lieu
33thereof the following:
343. “Director” means the director of the department of
35inspections, appeals, and licensing or the director’s designee.
-980-1 Sec. 1574. Section 100D.2, subsection 4, Code 2023, is
2amended to read as follows:
34. Licenses shall be issued for a two-year period, and may
4be renewed as established by the state fire marshal director
5 by rule.
6 Sec. 1575. Section 100D.3, Code 2023, is amended to read as
7follows:
8100D.3 Fire protection system installer and maintenance
9worker license.
101. The state fire marshal director shall issue a fire
11protection system installer and maintenance worker license to
12an applicant who meets all of the following requirements:
13a. Has completed a fire protection apprenticeship program
14approved by the United States department of labor, or has
15completed two years of full-time employment or the equivalent
16thereof as a trainee.
17b. Is employed by a fire extinguishing system contractor.
18However, an applicant whose work on extinguishing systems will
19be restricted to systems on property owned or controlled by the
20applicant’s employer may obtain a license if the employer is
21not a certified contractor.
22c. Has received a passing score on the national inspection,
23testing, and certification star fire sprinkler mastery
24exam or on an equivalent exam from a nationally recognized
25third-party testing agency that is approved by the state fire
26marshal director, or is certified at level one by the national
27institute for certification in engineering technologies and as
28specified by rule by the state fire marshal director, or is
29certified by another entity approved by the fire marshal.
302. The state fire marshal director shall issue a fire
31protection system installer and maintenance worker license
32with endorsements restricted to preengineered fire protection
33systems to an applicant who does not meet the requirements of
34subsection 1 but does meet the following requirements:
35a. To be endorsed as a preengineered kitchen fire
-981-1extinguishing system installer, has successfully completed
2training and an examination verified by a preengineered system
3manufacturer, an agent of a preengineered system manufacturer,
4or an organization that is approved by the state fire marshal
5 director.
6b. To be endorsed as a preengineered kitchen fire
7extinguishing system maintenance worker, has successfully
8completed training by the worker’s employer or the system’s
9manufacturer and has passed a written or online examination for
10preengineered kitchen fire extinguishing system maintenance
11that is approved by the state fire marshal director.
12c. To be endorsed as a preengineered industrial fire
13extinguishing system installer, possesses a training and
14examination certification from a preengineered system
15manufacturer, an agent of a preengineered system manufacturer,
16or an organization that is approved by the state fire marshal
17 director.
18d. To be endorsed as a preengineered industrial fire
19extinguishing system maintenance worker, has been trained
20by the worker’s employer and has passed a written or online
21examination for preengineered industrial fire extinguishing
22system maintenance that is approved by the state fire marshal
23 director.
243. The holder of a fire protection system installer and
25maintenance worker license shall be responsible for license
26fees, renewal fees, and continuing education hours.
274. The license of a fire protection system installer
28and maintenance worker licensee who ceases to be employed
29by a fire extinguishing system contractor shall continue to
30be valid until it would otherwise expire, but the licensee
31shall not perform work requiring licensure under this chapter
32until the licensee is again employed by a fire extinguishing
33system contractor. If the licensee becomes employed by a fire
34extinguishing system contractor other than the contractor which
35employed the licensee at the time the license was issued, the
-982-1licensee shall notify the fire marshal director and shall apply
2for an amendment to the license. The fire marshal director
3 may establish by rule a fee for amending a license. This
4subsection shall not extend the time period during which a
5license is valid. This subsection does not apply to a licensee
6whose work on extinguishing systems is restricted to systems on
7property owned or controlled by the licensee’s employer.
85. The fire marshal director, by rule, may restrict
9the scope of work authorized by a license with appropriate
10endorsements.
11 Sec. 1576. Section 100D.4, subsections 1 and 3, Code 2023,
12are amended to read as follows:
131. An applicant for a fire protection system installer and
14maintenance worker license or renewal of an active license
15shall provide evidence of a public liability insurance policy
16and surety bond in an amount determined sufficient by the fire
17marshal director by rule.
183. The insurance and surety bond shall be written by an
19entity licensed to do business in this state and each licensee
20shall maintain on file with the department a certificate
21evidencing the insurance providing that the insurance or surety
22bond shall not be canceled without the entity first giving
23fifteen days written notice to the fire marshal director.
24 Sec. 1577. Section 100D.5, unnumbered paragraph 1, Code
252023, is amended to read as follows:
26The state fire marshal director shall do all of the
27following:
28 Sec. 1578. Section 100D.6, Code 2023, is amended to read as
29follows:
30100D.6 Penalties.
31The state fire marshal director may impose a civil penalty
32of up to five hundred dollars on any person who violates any
33provision of this chapter for each day a violation continues.
34The state fire marshal director may adopt rules necessary to
35enforce and collect any penalties imposed pursuant to this
-983-1chapter.
2 Sec. 1579. Section 100D.7, Code 2023, is amended to read as
3follows:
4100D.7 Deposit and use of moneys collected.
51. The state fire marshal director shall set the license
6fees and renewal fees for all licenses issued pursuant to this
7chapter, by rule, based upon the actual costs of licensing.
82. All fees assessed pursuant to this chapter shall be
9retained as repayment receipts by the division of state fire
10marshal in the department of public safety and such fees
11received shall be used exclusively to offset the costs of
12administering this chapter.
133. Notwithstanding section 8.33, fees collected by
14the division of state fire marshal department that remain
15unencumbered or unobligated at the close of the fiscal year
16shall not revert but shall remain available for expenditure
17for the purposes designated until the close of the succeeding
18fiscal year.
19 Sec. 1580. Section 100D.10, Code 2023, is amended to read
20as follows:
21100D.10 Reciprocal licenses.
22To the extent that another state provides for the licensing
23of fire protection system installers and maintenance workers
24or similar action, the state fire marshal director may issue
25a fire protection system installer and maintenance worker
26license, without examination, to a nonresident fire protection
27system installer and maintenance worker who has been licensed
28by such other state for at least three years provided such
29other state grants the same reciprocal licensing privileges to
30residents of Iowa who have obtained a fire protection system
31installer and maintenance worker license upon payment by
32the applicant of the required fee and upon furnishing proof
33that the qualifications of the applicant are equal to the
34qualifications of holders of similar licenses in this state.
35 Sec. 1581. Section 100D.13, subsections 1 and 2, Code 2023,
-984-1are amended to read as follows:
21. The state fire marshal director may issue a temporary
3fire protection system installer and maintenance worker license
4to a person, providing that all of the following conditions are
5met:
6a. The person is currently licensed or certified to perform
7work as a fire protection system installer and maintenance
8worker in another state.
9b. The person meets any additional criteria for a temporary
10license established by the state fire marshal director by rule.
11c. The person provides all information required by the state
12fire marshal director.
13d. The person has paid the fee for a temporary license,
14which fee shall be established by the state fire marshal
15 director by rule.
16e. The person intends to perform work as a fire protection
17system installer and maintenance worker only in areas of this
18state which are covered by a disaster emergency declaration
19issued by the governor pursuant to section 29C.6.
202. A temporary license issued pursuant to this section shall
21be valid for ninety days. The state fire marshal director may
22establish criteria and procedures for the extension of such
23licenses for additional periods, which in no event shall exceed
24ninety days.
25 Sec. 1582. Section 101.1, subsection 1, Code 2023, is
26amended to read as follows:
271. The state fire marshal director is hereby empowered and
28directed to formulate and adopt and from time to time amend or
29revise and to promulgate, in conformity with and subject to the
30conditions set forth in this chapter, reasonable rules for the
31safe transportation, storage, handling, and use of combustible
32liquids, flammable liquids, liquefied petroleum gases, and
33liquefied natural gases.
34 Sec. 1583. Section 101.1, subsection 2, Code 2023, is
35amended by adding the following new paragraph:
-985-1 NEW PARAGRAPH. 0b. “Director” means the director of the
2department of inspections, appeals, and licensing or the
3director’s designee.
4 Sec. 1584. Section 101.5A, Code 2023, is amended to read as
5follows:
6101.5A Shared public petroleum storage facilities.
7The state fire marshal director shall permit by rule the
8shared ownership, operation, or cooperative use of a publicly
9owned petroleum storage or dispensing facility by more than one
10public agency or political subdivision in order to maximize the
11opportunity for cooperation, to avoid unnecessary duplication
12of facilities posing both an environmental and fire hazard,
13and to minimize the cost of providing public services. Shared
14or cooperative use is not a violation of chapter 23A, even
15if one public agency or political subdivision compensates
16another public agency or political subdivision for the use or
17for petroleum dispensed. A publicly owned petroleum storage
18facility subject to this section may use aboveground or
19underground storage tanks, or a combination of both.
20 Sec. 1585. Section 101.8, Code 2023, is amended to read as
21follows:
22101.8 Assistance by local officials.
23The chief fire prevention officer of every city or village
24having an established fire prevention department, the chief of
25the fire department of every other city or village in which
26a fire department is established, the mayor of every city in
27which no fire department exists, the township clerk of every
28township outside the limits of any city or village and all
29other local officials upon whom fire prevention duties are
30imposed by law shall assist the state fire marshal director in
31the enforcement of the rules.
32 Sec. 1586. Section 101.9, Code 2023, is amended to read as
33follows:
34101.9 Repairs ordered by fire marshal director.
35If the state fire marshal director has reasonable grounds
-986-1for believing after conducting tests that a leak exists in
2a flammable or combustible liquid storage tank or in the
3distribution system of a flammable or combustible liquid
4storage tank the state fire marshal director shall issue a
5written order to the owner or lessee of the storage tank or
6distribution system requiring the storage tank and distribution
7system be emptied and removed or repaired immediately upon
8receipt of the written order.
9 Sec. 1587. Section 101.10, Code 2023, is amended to read as
10follows:
11101.10 Assistance of department of natural resources.
12If the state fire marshal director has reasonable grounds
13for believing that a leak constitutes a hazardous condition
14which threatens the public health and safety, the fire marshal
15 director may request the assistance of the department of
16natural resources, and upon such request the department of
17natural resources is empowered to eliminate the hazardous
18condition as provided in chapter 455B, subchapter IV, part
194, the provisions of section 455B.390, subsection 3, to the
20contrary notwithstanding.
21 Sec. 1588. Section 101.12, subsections 1 and 2, Code 2023,
22are amended to read as follows:
231. An aboveground flammable or combustible liquid storage
24tank may be installed at a retail motor vehicle fuel outlet,
25subject to rules adopted by the state fire marshal director.
262. Rules adopted by the state fire marshal director
27 pursuant to this section shall be in substantial compliance
28with the applicable standards of the national fire protection
29association.
30 Sec. 1589. Section 101.21, subsection 6, Code 2023, is
31amended by striking the subsection.
32 Sec. 1590. Section 101.22, subsections 1, 2, 3, 4, and 7,
33Code 2023, are amended to read as follows:
341. Except as provided in subsection 2, the owner or operator
35of an aboveground flammable or combustible liquid storage tank
-987-1existing on July 1, 2010, shall notify the state fire marshal
2 director in writing by October 1, 2010, of the existence of
3each tank and specify the age, size, type, location, and uses
4of the tank.
52. The owner of an aboveground flammable or combustible
6liquid storage tank taken out of operation on or before July 1,
72010, shall notify the state fire marshal director in writing
8by October 1, 2010, of the existence of the tank unless the
9owner knows the tank has been removed from the site. The
10notice shall specify, to the extent known to the owner, the
11date the tank was taken out of operation, the age of the
12tank on the date taken out of operation, the size, type, and
13location of the tank, and the type and quantity of substances
14left stored in the tank on the date that it was taken out of
15operation.
163. An owner or operator who brings into use an aboveground
17flammable or combustible liquid storage tank after July 1,
182010, shall notify the state fire marshal director in writing
19within thirty days of the existence of the tank and specify the
20age, size, type, location, and uses of the tank.
214. The registration notice of the owner or operator to the
22state fire marshal director under subsections 1 through 3 shall
23be accompanied by an annual fee of twenty dollars for each tank
24included in the notice. All moneys collected shall be retained
25by the department of public safety inspections, appeals, and
26licensing and are appropriated for the use of the state fire
27marshal director. The annual renewal fee applies to all owners
28or operators who file a registration notice with the state fire
29marshal pursuant to subsections 1 through 3.
307. a. The state fire marshal director shall furnish the
31owner or operator of an aboveground flammable or combustible
32liquid storage tank with a registration tag for each
33aboveground flammable or combustible liquid storage tank
34registered with the state fire marshal director.
35b. The owner or operator shall affix the tag to the fill
-988-1pipe of each registered aboveground flammable or combustible
2liquid storage tank.
3 Sec. 1591. Section 101.23, Code 2023, is amended to read as
4follows:
5101.23 State fire marshal Director reporting rules.
6The state fire marshal director shall adopt rules pursuant
7to chapter 17A relating to reporting requirements necessary to
8enable the state fire marshal director to maintain an accurate
9inventory of aboveground flammable or combustible liquid
10storage tanks.
11 Sec. 1592. Section 101.24, Code 2023, is amended to read as
12follows:
13101.24 Duties and powers of the state fire marshal director.
14The state fire marshal director shall:
151. Inspect and investigate the facilities and records of
16owners and operators of aboveground flammable or combustible
17liquid storage tanks with a capacity of fifteen thousand or
18more gallons, as necessary to determine compliance with this
19subchapter and the rules adopted pursuant to this subchapter.
20An inspection or investigation shall be conducted subject to
21subsection 4. For purposes of developing a rule, maintaining
22an accurate inventory, or enforcing this subchapter, the
23department of inspections, appeals, and licensing may:
24a. Enter at reasonable times an establishment or other place
25where an aboveground storage tank is located.
26b. Inspect and obtain samples from any person of flammable
27or combustible liquid or another regulated substance and
28conduct monitoring or testing of the tanks, associated
29equipment, contents, or surrounding soils, air, surface water,
30and groundwater. Each inspection shall be commenced and
31completed with reasonable promptness.
32(1) If the state fire marshal director obtains a sample,
33prior to leaving the premises, the fire marshal director
34 shall give the owner, operator, or agent in charge a receipt
35describing the sample obtained and if requested a portion of
-989-1each sample equal in volume or weight to the portion retained.
2If the sample is analyzed, a copy of the results of the
3analysis shall be furnished promptly to the owner, operator,
4or agent in charge.
5(2) Documents or information obtained from a person under
6this subsection shall be available to the public except as
7provided in this subparagraph. Upon a showing satisfactory
8to the state fire marshal director by a person that public
9disclosure of documents or information, or a particular
10part of the documents or information to which the state fire
11marshal director has access under this subsection would divulge
12commercial or financial information entitled to protection as a
13trade secret, the state fire marshal director shall consider
14the documents or information or the particular portion of the
15documents or information confidential. However, the documents
16or information may be disclosed to officers, employees, or
17authorized representatives of the United States charged with
18implementing the federal Solid Waste Disposal Act, to employees
19of the state of Iowa or of other states when the document or
20information is relevant to the discharge of their official
21duties, and when relevant in a proceeding under the federal
22Solid Waste Disposal Act or this subchapter.
232. Maintain an accurate inventory of aboveground flammable
24or combustible liquid storage tanks.
253. Take any action allowed by law which, in the state fire
26marshal’s director’s judgment, is necessary to enforce or
27secure compliance with this subchapter or any rule adopted
28pursuant to this subchapter.
294. Conduct investigations of complaints received directly,
30referred by other agencies, or other investigations deemed
31necessary. While conducting an investigation, the state fire
32marshal director may enter at any reasonable time in and upon
33any private or public property to investigate any actual or
34possible violation of this subchapter or the rules or standards
35adopted under this subchapter. However, the owner or person in
-990-1charge shall be notified.
2a. If the owner or operator of any property refuses
3admittance, or if prior to such refusal the state fire marshal
4 director demonstrates the necessity for a warrant, the state
5fire marshal may make application under oath or affirmation
6to the district court of the county in which the property is
7located for the issuance of a search warrant.
8b. In the application the state fire marshal director shall
9state that an inspection of the premises is mandated by the
10laws of this state or that a search of certain premises, areas,
11or things designated in the application may result in evidence
12tending to reveal the existence of violations of public health,
13safety, or welfare requirements imposed by statutes, rules, or
14ordinances established by the state or a political subdivision
15of the state. The application shall describe the area,
16premises, or thing to be searched, give the date of the last
17inspection if known, give the date and time of the proposed
18inspection, declare the need for such inspection, recite that
19notice of the desire to make an inspection has been given to
20affected persons and that admission was refused if that be the
21fact, and state that the inspection has no purpose other than
22to carry out the purpose of the statute, rule, or ordinance
23pursuant to which inspection is to be made. If an item of
24property is sought by the state fire marshal director, it shall
25be identified in the application.
26c. If the court is satisfied from the examination of
27the applicant, and of other witnesses, if any, and of the
28allegations of the application of the existence of the grounds
29of the application, or that there is probable cause to believe
30in their existence, the court may issue a search warrant.
31d. In making inspections and searches pursuant to the
32authority of this subchapter, the state fire marshal director
33 must execute the warrant as follows:
34(1) Within ten days after its date.
35(2) In a reasonable manner, and any property seized shall
-991-1be treated in accordance with the provisions of chapters 808
2and 809.
3(3) Subject to any restrictions imposed by the statute, rule
4or ordinance pursuant to which inspection is made.
5 Sec. 1593. Section 101.25, Code 2023, is amended to read as
6follows:
7101.25 Violations — orders.
81. If substantial evidence exists that a person has
9violated or is violating a provision of this subchapter or
10a rule adopted under this subchapter the state fire marshal
11 director may issue an order directing the person to desist
12in the practice which constitutes the violation, and to take
13corrective action as necessary to ensure that the violation
14will cease, and may impose appropriate administrative penalties
15pursuant to section 101.26. The person to whom the order is
16issued may appeal the order as provided in chapter 17A. On
17appeal, the administrative law judge may affirm, modify, or
18vacate the order of the state fire marshal director.
192. However, if it is determined by the state fire marshal
20 director that an emergency exists respecting any matter
21affecting or likely to affect the public health, the fire
22marshal director may issue any order necessary to terminate
23the emergency without notice and without hearing. The order
24is binding and effective immediately and until the order is
25modified or vacated at an administrative hearing or by a
26district court.
273. The state fire marshal director may request the attorney
28general to institute legal proceedings pursuant to section
29101.26.
30 Sec. 1594. Section 101.26, Code 2023, is amended to read as
31follows:
32101.26 Penalties — burden of proof.
331. A person who violates this subchapter or a rule adopted
34or order issued pursuant to this subchapter is subject to a
35civil penalty not to exceed one hundred dollars for each day
-992-1during which the violation continues, up to a maximum of one
2thousand dollars; however, if the tank is registered within
3thirty days after the state fire marshal director issues a
4cease and desist order pursuant to section 101.25, subsection
51, the civil penalty under this section shall not accrue. The
6civil penalty is an alternative to a criminal penalty provided
7under this subchapter.
82. A person who knowingly fails to notify or makes a false
9statement, representation, or certification in a record,
10report, or other document filed or required to be maintained
11under this subchapter, or violates an order issued under this
12subchapter, is guilty of an aggravated misdemeanor.
133. The attorney general, at the request of the state fire
14marshal director, shall institute any legal proceedings,
15including an action for an injunction, necessary to enforce the
16penalty provisions of this subchapter or to obtain compliance
17with the provisions of this subchapter or rules adopted or
18order pursuant to this subchapter. In any action, previous
19findings of fact of the state fire marshal director after
20notice and hearing are conclusive if supported by substantial
21evidence in the record when the record is viewed as a whole.
224. In all proceedings with respect to an alleged violation
23of this subchapter or a rule adopted or order issued by the
24state fire marshal director pursuant to this subchapter, the
25burden of proof is upon the state fire marshal director.
265. If the attorney general has instituted legal proceedings
27in accordance with this section, all related issues which could
28otherwise be raised by the alleged violator in a proceeding for
29judicial review under section 101.27 shall be raised in the
30legal proceedings instituted in accordance with this section.
31 Sec. 1595. Section 101.27, Code 2023, is amended to read as
32follows:
33101.27 Judicial review.
34Except as provided in section 101.26, subsection 5,
35judicial review of an order or other action of the state fire
-993-1marshal director may be sought in accordance with chapter 17A.
2Notwithstanding chapter 17A, the Iowa administrative procedure
3Act, petitions for judicial review may be filed in the district
4court of the county in which the alleged offense was committed
5or the final order was entered.
6 Sec. 1596. Section 101A.1, subsections 2, 6, and 7, Code
72023, are amended to read as follows:
82. “Commercial license” or “license” means a license issued
9by the state fire marshal director pursuant to this chapter.
106. “Licensee” means a person holding a commercial license
11issued by the state fire marshal director pursuant to this
12chapter.
137. “Magazine” means any building or structure, other than an
14explosives manufacturing building, approved by the state fire
15marshal director or the fire marshal’s director’s designated
16agent for the storage of explosive materials.
17 Sec. 1597. Section 101A.1, Code 2023, is amended by adding
18the following new subsection:
19 NEW SUBSECTION. 2A. “Director” means the director of
20the department of inspections, appeals, and licensing or the
21director’s designee.
22 Sec. 1598. Section 101A.2, subsections 1 and 2, Code 2023,
23are amended to read as follows:
241. The state fire marshal director shall issue commercial
25licenses for the manufacture, importation, distribution, sale,
26and commercial use of explosives to persons who, in the state
27fire marshal’s director’s discretion are of good character
28and sound judgment, and have sufficient knowledge of the
29use, handling, and storage of explosive materials to protect
30the public safety. Licenses shall be issued for a period of
31three years, but may be issued for shorter periods, and may be
32revoked or suspended by the state fire marshal director for any
33of the following reasons:
34a. Falsification of information submitted in the application
35for a license.
-994- 1b. Proof that the licensee has violated any provisions of
2this chapter or any rules prescribed by the state fire marshal
3 director pursuant to the provisions of this chapter.
4c. The results of a national criminal history check
5conducted pursuant to subsection 3.
62. Licenses shall be issued by the state fire marshal
7 director upon payment of a fee of sixty dollars, valid for a
8period of three calendar years, commencing on January 1 of the
9first year and terminating on December 31 of the third year.
10However, an initial license may be issued during a calendar
11year for the number of months remaining in such calendar year
12and the following two years, computed to the first day of the
13month when the application for the license is approved. The
14license fee shall be charged on a pro rata basis for the number
15of months remaining in the period of issue. Applications for
16renewal of licenses shall be submitted within thirty days prior
17to the license expiration date and shall be accompanied by
18payment of the prescribed fee.
19 Sec. 1599. Section 101A.3, subsections 1 and 2, Code 2023,
20are amended to read as follows:
211. User’s permits to purchase, possess, transport, store,
22and detonate explosive materials shall be issued by the sheriff
23of the county or the chief of police of a city of ten thousand
24population or more where the possession and detonation will
25occur. If the possession and detonation are to occur in more
26than one county or city, then such permits must be issued by
27the sheriff or chief of police of each of such counties or
28cities, except in counties and cities in which the explosives
29are possessed for the sole purpose of transporting them
30through such counties and cities. A permit shall not be issued
31unless the sheriff or chief of police having jurisdiction is
32satisfied that possession and detonation of explosive materials
33is necessary to the applicant’s business or to improve the
34applicant’s property. Permits shall be issued only to persons
35who, in the discretion of the sheriff or chief of police, are
-995-1of good character and sound judgment, and have sufficient
2knowledge of the use and handling of explosive materials to
3protect the public safety. Applicants shall be subject to the
4criminal history check provisions of section 101A.2, subsection
53. The state fire marshal director shall prescribe, have
6printed, and distribute permit application forms to all local
7permit issuing authorities.
82. The user’s permit shall state the quantity of explosive
9materials which the permittee may purchase, the amount the
10permittee may have in possession at any one time, the amount
11the permittee may detonate at any one time, and the period of
12time during which the purchase, possession, and detonation
13of explosive materials is authorized. The permit shall also
14specify the place where detonation may occur, the location and
15description of the place where the explosive materials will
16be stored, if such be the case, and shall contain such other
17information as may be required under the rules and regulations
18of the state fire marshal director. The permit shall not
19authorize purchase, possession, and detonation of a quantity of
20explosive materials in excess of that which is necessary in the
21pursuit of the applicant’s business or the improvement of the
22permittee’s property, nor shall such purchase, possession, and
23detonation be authorized for a period longer than is necessary
24for the specified purpose. In no event shall the permit be
25valid for more than thirty days from date of issuance but it
26may be renewed upon proper showing of necessity.
27 Sec. 1600. Section 101A.4, subsection 1, Code 2023, is
28amended to read as follows:
291. Judicial review of the action of the state fire marshal
30 director may be sought in accordance with the terms of the Iowa
31administrative procedure Act, chapter 17A.
32 Sec. 1601. Section 101A.5, Code 2023, is amended to read as
33follows:
34101A.5 Rules — director duties.
351. The state fire marshal director shall adopt rules
-996-1pursuant to chapter 17A pertaining to the manufacture,
2transportation, storage, possession, and use of explosive
3materials. Rules adopted by the state fire marshal director
4 shall be compatible with, but not limited to, the national
5fire protection association’s pamphlet number 495 and federal
6rules pertaining to commerce, possession, storage, and use of
7explosive materials. Such rules shall do all of the following:
81. a. Prescribe reasonable standards for the safe
9transportation and handling of explosive materials so as to
10prevent accidental fires and explosions and prevent theft and
11unlawful or unauthorized possession of explosive materials.
122. b. Prescribe procedures and methods of inventory so
13as to assure accurate records of all explosive materials
14manufactured or imported into the state and records of the
15disposition of such explosive materials, including records of
16the identity of persons to whom sales and transfers are made,
17and the time and place of any loss or destruction of explosive
18materials which might occur.
193. c. Prescribe reasonable standards for the safe
20storage of explosive materials as may be necessary to prevent
21accidental fires and explosions and prevent thefts and unlawful
22or unauthorized possession of explosive materials.
234. d. Require such reports from licensees, permittees,
24sheriffs, and chiefs of police as may be necessary for the
25state fire marshal director to discharge the fire marshal’s
26 director’s duties pursuant to this chapter.
275. e. Prescribe the form and content of license and permit
28applications.
296. 2. Conduct The director shall conduct such inspections
30of licensees and permittees as may be necessary to enforce the
31provisions of this chapter.
32 Sec. 1602. Section 101A.7, Code 2023, is amended to read as
33follows:
34101A.7 Inspection of storage facility.
351. The licensee’s or permittee’s explosives storage
-997-1facility shall be inspected at least once a year by a
2representative of the state fire marshal’s office department
3of inspections, appeals, and licensing, except that the state
4fire marshal director may, at those mining operations licensed
5and regulated by the United States department of labor, accept
6an approved inspection report issued by the United States
7department of labor, mine safety and health administration, for
8the twelve-month period following the issuance of the report.
9The state fire marshal director shall notify the appropriate
10city or county governing board of licenses to be issued in
11their respective jurisdictions pursuant to this chapter. The
12notification shall contain the name of the applicant to be
13licensed, the location of the facilities to be used in storing
14explosives, the types and quantities of explosive materials to
15be stored, and other information deemed necessary by either
16the governing boards or the state fire marshal director. The
17facility may be examined at other times by the sheriff of the
18county where the facility is located or by the local police
19authority if the facility is located within a city of over
20ten thousand population and if the sheriff or city council
21considers it necessary.
222. If the state fire marshal director finds the facility
23to be improperly secured, the licensee or permittee shall
24immediately correct the improper security and, if not so
25corrected, the state fire marshal director shall immediately
26confiscate the stored explosives. Explosives may be
27confiscated by the county sheriff or local police authority
28only if a situation that is discovered during an examination by
29those authorities is deemed to present an immediate danger. If
30the explosives are confiscated by the county sheriff or local
31police authority, they shall be delivered to the state fire
32marshal director. The state fire marshal director shall hold
33confiscated explosives for a period of thirty days under proper
34security unless the period of holding is shortened pursuant to
35this section.
-998- 13. If the licensee or permittee corrects the improper
2security within the thirty-day period, the explosives shall
3be returned to the licensee or permittee after correction and
4after the licensee or permittee has paid to the state an amount
5equal to the expense incurred by the state in storing the
6explosives during the period of confiscation. The amount of
7expense shall be determined by the state fire marshal director.
84. If the improper security is not corrected during the
9thirty-day period, the state fire marshal director shall
10dispose of the explosives and the license or permit shall be
11canceled. A canceled license or permit shall not be reissued
12for a period of two years from the date of cancellation.
13 Sec. 1603. Section 101A.8, Code 2023, is amended to read as
14follows:
15101A.8 Report of theft or loss required.
16Any theft or loss of explosive materials, whether from
17a storage magazine, a vehicle in which they are being
18transported, or from a site on which they are being used,
19or from any other location, shall immediately be reported by
20the person authorized to possess such explosives to the local
21police or county sheriff. The local police or county sheriff
22shall immediately transmit a report of such theft or loss of
23explosive materials to the state fire marshal director.
24 Sec. 1604. Section 101A.9, Code 2023, is amended to read as
25follows:
26101A.9 Disposal regulated.
27No person shall abandon or otherwise dispose of any
28explosives in any manner which might, as the result of such
29abandonment or disposal, create any danger or threat of danger
30to life or property. Any person in possession or control of
31explosives shall, when the need for such explosives no longer
32exists, dispose of them in accordance with rules prescribed by
33the state fire marshal director.
34 Sec. 1605. Section 101A.10, Code 2023, is amended to read
35as follows:
-999- 1101A.10 Persons and agencies exempt.
2This chapter shall not apply to the transportation and
3use of explosive materials by the regular military or naval
4forces of the United States, the duly organized militia of this
5state, representatives of the state fire marshal director, the
6state patrol, division of criminal investigation, local police
7departments, sheriffs departments, and fire departments acting
8in their official capacity; nor shall this chapter apply to
9the transportation and use of explosive materials by any peace
10officer to enforce provisions of this chapter when the peace
11officer is acting pursuant to such authority, however, other
12agencies of the state or any of its political subdivisions
13desiring to purchase, possess, transport, or use explosive
14materials for construction or other purposes shall be required
15to obtain user’s permits.
16 Sec. 1606. Section 101A.12, Code 2023, is amended to read
17as follows:
18101A.12 Deposit and use of fees.
19The fees collected by the state fire marshal director in
20issuing licenses pursuant to this chapter shall be deposited in
21the state general fund.
22 Sec. 1607. Section 101A.14, subsection 2, Code 2023, is
23amended to read as follows:
242. Any person who violates the provisions of section 101A.6,
25101A.8 or 101A.9 or any of the rules adopted by the state fire
26marshal director pursuant to the provisions of this chapter,
27commits a simple misdemeanor.
28 Sec. 1608. Section 101B.2, subsection 3, Code 2023, is
29amended to read as follows:
303. “Department” means the department of public safety
31 inspections, appeals, and licensing.
32 Sec. 1609. Section 101B.3, subsection 4, Code 2023, is
33amended to read as follows:
344. The department of public safety shall administer
35this chapter and may adopt rules pursuant to chapter 17A to
-1000-1administer this chapter. This chapter shall be implemented in
2accordance with the implementation and substance of the New
3York fire safety standards for cigarettes.
4 Sec. 1610. Section 101B.6, subsection 2, Code 2023, is
5amended to read as follows:
62. A wholesaler or agent shall provide a copy of the
7cigarette packaging markings received from a manufacturer to
8all retailers to whom the wholesaler or agent sells cigarettes.
9A wholesaler, agent, or retailer shall permit the state fire
10marshal department, department of revenue, or the office of the
11attorney general to inspect markings of cigarette packaging
12marked in accordance with section 101B.7.
13 Sec. 1611. Section 101B.8, subsections 7, 8, and 9, Code
142023, are amended to read as follows:
157. In addition to any other remedy provided by law, the
16department of public safety or the office of the attorney
17general may file an action in district court for a violation of
18this chapter, including petitioning for injunctive relief or to
19recover any costs or damages suffered by the state because of a
20violation of this chapter, including enforcement costs relating
21to the specific violation and attorney fees. Each violation of
22the chapter or of rules adopted under this chapter constitutes
23a separate civil violation for which the department of public
24safety or the office of the attorney general may seek relief.
258. The department of revenue in the regular course of
26conducting inspections of a wholesaler, agent, or retailer
27may inspect cigarettes in the possession or control of the
28wholesaler, agent, or retailer or on the premises of any
29wholesaler, agent, or retailer to determine if the cigarettes
30are marked as required pursuant to section 101B.7. If the
31cigarettes are not marked as required, the department of
32revenue shall notify the department of public safety.
339. To enforce the provisions of this chapter, the department
34of public safety and the office of the attorney general may
35examine the books, papers, invoices, and other records of any
-1001-1person in possession, control, or occupancy of any premises
2where cigarettes are placed, sold, or offered for sale,
3including the stock of cigarettes on the premises.
4 Sec. 1612. Section 101B.10, subsection 1, Code 2023, is
5amended to read as follows:
61. This chapter shall cease to be applicable if federal
7fire safety standards for cigarettes that preempt this chapter
8are enacted and take effect subsequent to January 1, 2009, and
9the state fire marshal department shall notify the secretary of
10state and the Code editor if such federal fire safety standards
11for cigarettes are enacted.
12 Sec. 1613. Section 103.1, Code 2023, is amended by adding
13the following new subsections:
14 NEW SUBSECTION. 6A. “Department” means the department of
15inspections, appeals, and licensing.
16 NEW SUBSECTION. 6B. “Director” means the director of
17the department of inspections, appeals, and licensing or the
18director’s designee.
19 Sec. 1614. Section 103.2, subsection 1, Code 2023, is
20amended to read as follows:
211. An electrical examining board is created within the
22division of state fire marshal of the department of public
23safety. The board shall consist of eleven voting members
24appointed by the governor and subject to senate confirmation,
25all of whom shall be residents of this state. Except for the
26board member enumerated in subsection 2, paragraph “e”, members
27shall be appointed by the governor and subject to senate
28confirmation.
29 Sec. 1615. Section 103.2, Code 2023, is amended by adding
30the following new subsection:
31 NEW SUBSECTION. 2A. a. The board shall elect annually from
32its members a chairperson and a vice chairperson.
33b. The board shall hold at least one meeting quarterly at
34the location of the board’s principal office, and meetings
35shall be called at other times by the chairperson or four
-1002-1members of the board. At any meeting of the board, a majority
2of members constitutes a quorum.
3 Sec. 1616. Section 103.4, Code 2023, is amended by striking
4the section and inserting in lieu thereof the following:
5103.4 Executive secretary — staff and duties.
6The director shall appoint an executive secretary for the
7board and shall hire and provide staff to assist the board
8in administering this chapter. The executive secretary
9shall report to the director for purposes of routine board
10administrative functions, and shall report directly to
11the board for purposes of execution of board policy such
12as application of licensing criteria and processing of
13applications.
14 Sec. 1617. Section 103.7, Code 2023, is amended to read as
15follows:
16103.7 Electrician and installer licensing and inspection
17fund.
18An electrician and installer licensing and inspection fund
19is created in the state treasury as a separate fund under the
20control of the board. All licensing, examination, renewal,
21and inspection fees shall be deposited into the fund and
22retained by and for the use of the board. Expenditures from
23the fund shall be approved by the sole authority of the board
24in consultation with the state fire marshal director. Amounts
25deposited into the fund shall be considered repayment receipts
26as defined in section 8.2. Notwithstanding section 8.33, any
27balance in the fund on June 30 of each fiscal year shall not
28revert to the general fund of the state, but shall remain
29available for the purposes of this chapter in subsequent fiscal
30years. Notwithstanding section 12C.7, subsection 2, interest
31or earnings on moneys deposited in the fund shall be credited
32to the fund.
33 Sec. 1618. Section 103.14, Code 2023, is amended to read as
34follows:
35103.14 Alarm installations.
-1003- 1A person who is not licensed pursuant to this chapter may
2plan, lay out, or install electrical wiring, apparatus, and
3equipment for components of alarm systems that operate at
4seventy volt/amps (VA) or less, only if the person is certified
5to conduct such work pursuant to chapter 100C. Installations
6of alarm systems that operate at seventy volt/amps (VA) or less
7are subject to inspection by state inspectors as provided in
8section 103.31, except that reports of such inspections, if
9the installation being inspected was performed by a person
10certified pursuant to chapter 100C, shall be submitted to
11the state fire marshal director and any action taken on a
12report of an inspection of an installation performed by a
13person certified pursuant to chapter 100C shall be taken by
14or at the direction of the state fire marshal, unless the
15installation has been found to exceed the authority granted to
16the certificate holder pursuant to chapter 100C and therefore
17to be in violation of this chapter.
18 Sec. 1619. Section 103.25, subsection 1, Code 2023, is
19amended to read as follows:
201. At or before commencement of any installation required
21to be inspected by the board, the licensee or property owner
22making such installation shall submit to the state fire
23marshal’s office department a request for inspection. The
24board shall prescribe the methods by which the request may be
25submitted, which may include electronic submission or through
26a form prescribed by the board that can be submitted either
27through the mail or by a fax transmission. The board shall
28also prescribe methods by which inspection fees can be paid,
29which may include electronic methods of payment. If the board
30or the state fire marshal’s office department becomes aware
31that a person has failed to file a necessary request for
32inspection, the board shall send a written notification by
33certified mail that the request must be filed within fourteen
34days. Any person filing a late request for inspection shall
35pay a delinquency fee in an amount to be determined by the
-1004-1board. A person who fails to file a late request within
2fourteen days from receipt of the notification shall be subject
3to a civil penalty to be determined by the board by rule.
4 Sec. 1620. Section 103.26, Code 2023, is amended to read as
5follows:
6103.26 Condemnation — disconnection — opportunity to
7correct noncompliance.
8If the inspector finds that any installation or portion of
9an installation is not in compliance with accepted standards
10of construction for health safety and property safety, based
11upon minimum standards set forth in the local electrical
12code or the national electrical code adopted by the board
13pursuant to section 103.6, the inspector shall by written
14order condemn the installation or noncomplying portion or
15order service to such installation disconnected and shall
16send a copy of such order to the board, the state fire
17marshal director, and the electrical utility supplying power
18involved. If the installation or the noncomplying portion is
19such as to seriously and proximately endanger human health
20or property, the order of the inspector when approved by the
21inspector’s supervisor shall require immediate condemnation
22and disconnection by the applicant. In all other cases, the
23order of the inspector shall establish a reasonable period
24of time for the installation to be brought into compliance
25with accepted standards of construction for health safety and
26property safety prior to the effective date established in such
27order for condemnation or disconnection.
28 Sec. 1621. Section 103.31, subsections 3, 4, and 5, Code
292023, are amended to read as follows:
303. State inspection procedures and policies shall be
31established by the board. The state fire marshal director, or
32the state fire marshal’s director’s designee, shall enforce
33the procedures and policies, and enforce the provisions of the
34national electrical code adopted by the board.
354. Except when an inspection reveals that an installation or
-1005-1portion of an installation is not in compliance with accepted
2standards of construction for health safety and property
3safety, based upon minimum standards set forth in the local
4electrical code or the national electrical code adopted by
5the board pursuant to section 103.6, such that an order of
6condemnation or disconnection is warranted pursuant to section
7103.26, an inspector shall not add to, modify, or amend a
8construction plan as originally approved by the state fire
9marshal director or the state building code commissioner in the
10course of conducting an inspection.
115. Management and supervision of inspectors, including
12hiring decisions, disciplinary action, promotions, and work
13schedules are the responsibility of the state fire marshal
14 director acting in accordance with applicable law and pursuant
15to any applicable collective bargaining agreement. The state
16fire marshal director and the board shall jointly determine
17work territories, regions, or districts for inspectors
18and continuing education and ongoing training requirements
19applicable to inspectors. An inspector subject to disciplinary
20action pursuant to this subsection shall be entitled to an
21appeal according to the procedure set forth in section 103.34
22and judicial review pursuant to section 17A.19.
23 Sec. 1622. Section 103.32, subsection 3, Code 2023, is
24amended to read as follows:
253. When an inspection is requested by a property owner,
26the minimum fee shall be thirty dollars plus five dollars
27per branch circuit or feeder. The fee for fire and accident
28inspections shall be computed at the rate of forty-seven
29dollars per hour, and mileage and other expenses shall be
30reimbursed as provided by the office of the state fire marshal
31 department.
32 Sec. 1623. Section 103.33, subsection 1, Code 2023, is
33amended to read as follows:
341. Any person aggrieved by a condemnation or disconnection
35order issued by the state fire marshal’s office department may
-1006-1appeal from the order by filing a written notice of appeal with
2the board within ten days after the date the order was served
3upon the property owner or within ten days after the order was
4filed with the board, whichever is later.
5 Sec. 1624. Section 103A.3, Code 2023, is amended by adding
6the following new subsections:
7 NEW SUBSECTION. 6A. “Department” means the department of
8inspections, appeals, and licensing.
9 NEW SUBSECTION. 6B. “Director” means the director of
10the department of inspections, appeals, and licensing or the
11director’s designee.
12 Sec. 1625. Section 103A.4, Code 2023, is amended to read as
13follows:
14103A.4 Building code commissioner.
15The commissioner of public safety director, in addition
16to other duties, shall serve as the state building code
17commissioner or may designate a building code commissioner.
18 Sec. 1626. Section 103A.23, subsection 1, Code 2023, is
19amended to read as follows:
201. For the purpose of obtaining revenue to defray the
21costs of administering the provisions of this chapter, the
22commissioner shall establish by rule a schedule of fees based
23upon the costs of administration which fees shall be collected
24from persons whose manufacture, installation, or construction
25is subject to the provisions of the state building code. For
26the performance of building plan reviews by the department
27of public safety, the commissioner shall establish by rule a
28fee, chargeable to the owner of the building, which shall be
29equal to a percentage of the estimated total valuation of the
30building and which shall be in an amount reasonably related to
31the cost of conducting the review.
32 Sec. 1627. Section 103A.54, Code 2023, is amended to read
33as follows:
34103A.54 Fees.
35Notwithstanding section 103A.23, the department of
-1007-1public safety shall retain all fees collected pursuant to
2this subchapter and the fees retained are appropriated to
3the commissioner to administer the licensing program and
4the certification program for manufactured or mobile home
5installers, including the employment of personnel for the
6enforcement and administration of such programs.
7 Sec. 1628. Section 105.2, subsection 4, Code 2023, is
8amended to read as follows:
94. “Department” means the Iowa department of public health
10 inspections, appeals, and licensing.
11 Sec. 1629. Section 105.3, subsection 1, Code 2023, is
12amended to read as follows:
131. A plumbing and mechanical systems board is created within
14the Iowa department of public health.
15 Sec. 1630. Section 105.3, subsection 2, paragraph a,
16unnumbered paragraph 1, Code 2023, is amended to read as
17follows:
18The board shall be comprised of eleven twelve voting
19 members, appointed by the governor, as follows:
20 Sec. 1631. Section 105.3, subsection 2, paragraph a,
21subparagraph (1), Code 2023, is amended to read as follows:
22(1) The director of public health and human services or the
23director’s designee.
24 Sec. 1632. Section 105.3, subsection 2, paragraph a, Code
252023, is amended by adding the following new subparagraph:
26 NEW SUBPARAGRAPH. (2A) The director of the department of
27inspections, appeals, and licensing or the director’s designee.
28 Sec. 1633. Section 105.3, subsection 2, paragraph b, Code
292023, is amended to read as follows:
30b. The board members enumerated in paragraph a “a”,
31subparagraphs (3) through (9), are shall be appointed by the
32governor and subject to confirmation by the senate.
33 Sec. 1634. Section 105.4, subsection 1, paragraph a, Code
342023, is amended to read as follows:
35a. The board shall establish by rule a plumbing installation
-1008-1code governing the installation of plumbing in this state.
2Consistent with fire safety rules and standards promulgated
3by the state fire marshal department, the board shall adopt
4the most current version of the uniform plumbing code and the
5international mechanical code, as the state plumbing code
6and the state mechanical code, to govern the installation of
7plumbing and mechanical systems in this state. The board shall
8adopt the current version of each code within six months of its
9being released. The board may adopt amendments to each code by
10rule. The board shall work in consultation with the state fire
11marshal department to ensure that proposed amendments do not
12conflict with the fire safety rules and standards promulgated
13by the state fire marshal department. The state plumbing
14code and the state mechanical code shall be applicable to all
15buildings and structures owned by the state or an agency of the
16state and in each local jurisdiction.
17 Sec. 1635. Section 105.12, subsection 1, Code 2023, is
18amended to read as follows:
191. A contracting, plumbing, mechanical, HVAC-refrigeration,
20sheet metal, or hydronic license shall be in the form of a
21certificate under the seal of the department, signed by the
22director of public health the department, and shall be issued
23in the name of the board. The license number shall be noted on
24the face of the license.
25 Sec. 1636. Section 135.11A, Code 2023, is amended to read
26as follows:
27135.11A Professional licensure division — other licensing
28 Licensing boards — expenses — fees.
291. There shall be a professional licensure division within
30the department of public health. Each board under chapter
31 chapters 100C, 103, 103A, 105, or 147 or that are under the
32administrative authority of the department, except the board
33of nursing, board of medicine, dental board, and board of
34pharmacy, shall receive administrative and clerical support
35from the division department and may not employ its own support
-1009-1staff for administrative and clerical duties. The executive
2director of the board of nursing, board of medicine, dental
3board, and board of pharmacy shall be appointed pursuant to
4section 135.11B.
52. The professional licensure division department and the
6licensing boards referenced in subsection 1 may expend funds in
7addition to amounts budgeted, if those additional expenditures
8are directly the result of actual examination and exceed funds
9budgeted for examinations. Before the division department or a
10licensing board expends or encumbers an amount in excess of the
11funds budgeted for examinations, the director of the department
12of management shall approve the expenditure or encumbrance.
13Before approval is given, the department of management shall
14determine that the examination expenses exceed the funds
15budgeted by the general assembly to the division department
16 or board and the division department or board does not have
17other funds from which examination expenses can be paid.
18Upon approval of the department of management, the division
19 department or licensing board may expend and encumber funds for
20excess examination expenses. The amounts necessary to fund
21the excess examination expenses shall be collected as fees
22from additional examination applicants and shall be treated as
23repayment receipts as defined in section 8.2.
24 Sec. 1637. Section 135.24, subsection 2, paragraph a, Code
252023, is amended to read as follows:
26a. Procedures for registration of health care providers
27deemed qualified by the board of medicine, the board of
28physician assistants, the dental board, the board of nursing,
29the board of chiropractic, the board of psychology, the board
30of social work, the board of behavioral science, the board
31of pharmacy, the board of optometry, the board of podiatry,
32the board of physical and occupational therapy, the board of
33respiratory care and polysomnography, and the Iowa department
34of public health inspections, appeals, and licensing, as
35applicable.
-1010-1 Sec. 1638. Section 135.31, Code 2023, is amended to read as
2follows:
3135.31 Location of boards — rulemaking.
4The offices for the board of medicine, the board of pharmacy,
5the board of nursing, and the dental board shall be located
6within the department of public health. The individual boards
7shall have policymaking and rulemaking authority.
8 Sec. 1639. Section 135.37, Code 2023, is amended to read as
9follows:
10135.37 Tattooing — permit requirement — penalty.
111. A person shall not own, control and lease, act as an
12agent for, conduct, manage, or operate an establishment to
13practice the art of tattooing or engage in the practice of
14tattooing without first applying for and receiving a permit
15from the Iowa department of public health.
162. A minor shall not obtain a tattoo and a person shall
17not provide a tattoo to a minor. For the purposes of this
18section, “minor” means an unmarried person who is under the age
19of eighteen years.
203. A person who fails to meet the requirements of subsection
211 or a person providing a tattoo to a minor is guilty of a
22serious misdemeanor.
234. The Iowa department of public health shall:
24a. Adopt rules pursuant to chapter 17A and establish and
25collect all fees necessary to administer this section. The
26provisions of chapter 17A, including licensing provisions,
27judicial review, and appeal, shall apply to this chapter
28 section.
29b. Establish minimum safety and sanitation criteria for the
30operation of tattooing establishments.
315. If the Iowa department of public health determines that
32a provision of this section has been or is being violated, the
33department may order that a tattooing establishment not be
34operated until the necessary corrective action has been taken.
35If the establishment continues to be operated in violation of
-1011-1the order of the department, the department may request that
2the county attorney or the attorney general make an application
3in the name of the state to the district court of the county
4in which the violations have occurred for an order to enjoin
5the violations. This remedy is in addition to any other legal
6remedy available to the department.
76. As necessary to avoid duplication and promote
8coordination of public health inspection and enforcement
9activities, the department may enter into agreements with
10local boards of health to provide for inspection of tattooing
11establishments and enforcement activities in accordance with
12the rules and criteria implemented under this section.
13 Sec. 1640. Section 135.63, subsection 4, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15A copy of the application shall be sent to the department
16of health and human services at the time the application is
17submitted to the Iowa department of public health inspections,
18appeals, and licensing. The department of inspections,
19appeals, and licensing shall not process applications for and
20the council shall not consider a new or changed institutional
21health service for an intermediate care facility for persons
22with an intellectual disability unless both of the following
23conditions are met:
24 Sec. 1641. Section 135C.2, subsection 3, paragraph c, Code
252023, is amended to read as follows:
26c. The rules adopted for intermediate care facilities for
27persons with an intellectual disability shall be consistent
28with, but no more restrictive than, the federal standards for
29intermediate care facilities for persons with an intellectual
30disability established pursuant to the federal Social Security
31Act, §1905(c)(d), as codified in 42 U.S.C. §1396d, in effect on
32January 1, 1989. However, in order for an intermediate care
33facility for persons with an intellectual disability to be
34licensed, the state fire marshal director must certify to the
35department that the facility meets the applicable provisions
-1012-1of the rules adopted for such facilities by the state fire
2marshal director. The state fire marshal’s director’s rules
3shall be based upon such a facility’s compliance with either
4the provisions applicable to health care occupancies or
5residential board and care occupancies of the life safety code
6of the national fire protection association, 2000 edition. The
7department shall adopt additional rules for intermediate care
8facilities for persons with an intellectual disability pursuant
9to section 135C.14, subsection 8.
10 Sec. 1642. Section 135C.2, subsection 5, paragraph b, Code
112023, is amended to read as follows:
12b. A facility must be located in an area zoned for single or
13multiple-family housing or in an unincorporated area and must
14be constructed in compliance with applicable local requirements
15and the rules adopted for the special classification by the
16state fire marshal director in accordance with the concept of
17the least restrictive environment for the facility residents.
18Local requirements shall not be more restrictive than the
19rules adopted for the special classification by the state fire
20marshal director and the state building code requirements for
21single or multiple-family housing, under section 103A.7.
22 Sec. 1643. Section 135C.5, Code 2023, is amended to read as
23follows:
24135C.5 Limitations on use.
25Another business or activity serving persons other than
26the residents of a health care facility may be operated or
27provided in a designated part of the physical structure of
28the health care facility if the other business or activity
29meets the requirements of applicable state and federal
30laws, administrative rules, and federal regulations. The
31department shall not limit the ability of a health care
32facility to operate or provide another business or activity
33in the designated part of the facility if the business or
34activity does not interfere with the use of the facility by the
35residents or with the services provided to the residents, and
-1013-1is not disturbing to the residents. In denying the ability of
2a health care facility to operate or provide another business
3or activity under this section, the burden of proof shall be
4on the department to demonstrate that the other business or
5activity substantially interferes with the use of the facility
6by the residents or the services provided to the residents,
7or is disturbing to the residents. The state fire marshal
8 director, in accordance with chapter 17A, shall adopt rules
9which establish criteria for approval of a business or activity
10to be operated or provided in a designated part of the physical
11structure of a health care facility. For the purposes of
12this section, “another business or activity” shall not include
13laboratory services with the exception of laboratory services
14for which a waiver from regulatory oversight has been obtained
15under the federal Clinical Laboratory Improvement Amendments of
161988, Pub.L. No.100-578, as amended, radiological services,
17anesthesiology services, obstetrical services, surgical
18services, or emergency room services provided by hospitals
19licensed under chapter 135B.
20 Sec. 1644. Section 135C.9, Code 2023, is amended to read as
21follows:
22135C.9 Inspection before issuance — notice of deficiencies.
231. The department shall not issue a health care facility
24license to any applicant until:
25a. The department has ascertained that the staff and
26equipment of the facility is adequate to provide the care and
27services required of a health care facility of the category
28for which the license is sought. Prior to the review and
29approval of plans and specifications for any new facility
30and the initial licensing under a new licensee, a resume of
31the programs and services to be furnished and of the means
32available to the applicant for providing the same and for
33meeting requirements for staffing, equipment, and operation
34of the health care facility, with particular reference to the
35professional requirements for services to be rendered, shall be
-1014-1submitted in writing to the department for review and approval.
2The resume shall be reviewed by the department within ten
3working days and returned to the applicant. The resume shall,
4upon the department’s request, be revised as appropriate by the
5facility from time to time after issuance of a license.
6b. The facility has been inspected by the state fire marshal
7or a deputy appointed by the fire marshal for that purpose
8 director, who may be a member of a municipal fire department,
9and the department has received either a certificate of
10compliance or a provisional certificate of compliance by
11the facility with the fire hazard and fire safety rules and
12standards of the department as promulgated by the fire marshal
13 director and, where applicable, the fire safety standards
14required for participation in programs authorized by either
15Tit.XVIII or Tit.XIX of the United States Social Security
16Act, codified at 42 U.S.C. §1395 – 1395ll and 1396 – 1396g. The
17certificate or provisional certificate shall be signed by the
18fire marshal director or the fire marshal’s deputy director’s
19designee who made the inspection. If the state fire marshal
20or a deputy director finds a deficiency upon inspection, the
21notice to the facility shall be provided in a timely manner
22and shall specifically describe the nature of the deficiency,
23identifying the Code section or subsection or the rule or
24standard violated. The notice shall also specify the time
25allowed for correction of the deficiency, at the end of which
26time the fire marshal or a deputy director shall perform a
27follow-up inspection.
282. The rules and standards promulgated by the fire marshal
29 director pursuant to subsection 1, paragraph “b” of this section
30shall be substantially in keeping with the latest generally
31recognized safety criteria for the facilities covered, of which
32the applicable criteria recommended and published from time
33to time by the national fire protection association shall be
34prima facie evidence. The rules and standards promulgated by
35the fire marshal director shall be promulgated in consultation
-1015-1with the department and shall, to the greatest extent possible,
2be consistent with rules adopted by the department under this
3chapter.
43. The state fire marshal or the fire marshal’s deputy
5 director may issue successive provisional certificates of
6compliance for periods of one year each to a facility which is
7in substantial compliance with the applicable fire hazard and
8fire safety rules and standards, upon satisfactory evidence
9of an intent, in good faith, by the owner or operator of the
10facility to correct the deficiencies noted upon inspection
11within a reasonable period of time as determined by the state
12fire marshal or the fire marshal’s deputy director. Renewal
13of a provisional certificate shall be based on a showing
14of substantial progress in eliminating deficiencies noted
15upon the last previous inspection of the facility without
16the appearance of additional deficiencies other than those
17arising from changes in the fire hazard and fire safety rules,
18regulations and standards which have occurred since the last
19previous inspection, except that substantial progress toward
20achievement of a good faith intent by the owner or operator to
21replace the entire facility within a reasonable period of time,
22as determined by the state fire marshal or the fire marshal’s
23deputy director, may be accepted as a showing of substantial
24progress in eliminating deficiencies, for the purposes of this
25section.
264. If a facility subject to licensure under this chapter,
27a facility exempt from licensure under this chapter pursuant
28to section 135C.6, or a family home under section 335.25
29or 414.22, has been issued a certificate of compliance or
30a provisional certificate of compliance under subsection
311 or 3, or has otherwise been approved as complying with
32a rule or standard by the state or a deputy fire marshal
33 the director or a local building department as defined in
34section 103A.3, the state or deputy fire marshal director
35 or local building department which issued the certificate,
-1016-1provisional certificate, or approval shall not apply additional
2requirements for compliance with the rule or standard unless
3the rule or standard is revised in accordance with chapter 17A
4or with local regulatory procedure following issuance of the
5certificate, provisional certificate, or approval.
6 Sec. 1645. Section 135C.14, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8The department shall, in accordance with chapter 17A
9and with the approval of the state board of health, adopt
10and enforce rules setting minimum standards for health care
11facilities. In so doing, the department, with the approval
12of the state board of health, may adopt by reference, with
13or without amendment, nationally recognized standards and
14rules, which shall be specified by title and edition, date
15of publication, or similar information. The rules and
16standards required by this section shall be formulated in
17consultation with the director of health and human services or
18the director’s director of health and human services’ designee,
19with the state fire marshal director, and with affected
20industry, professional, and consumer groups, and shall be
21designed to further the accomplishment of the purposes of this
22chapter and shall relate to:
23 Sec. 1646. Section 135C.14, subsection 1, Code 2023, is
24amended to read as follows:
251. Location and construction of the facility, including
26plumbing, heating, lighting, ventilation, and other housing
27conditions, which shall ensure the health, safety and comfort
28of residents and protection from fire hazards. The rules of
29the department relating to protection from fire hazards and
30fire safety shall be promulgated by the state fire marshal
31 director in consultation with the department, and shall be in
32keeping with the latest generally recognized safety criteria
33for the facilities covered of which the applicable criteria
34recommended and published from time to time by the national
35fire protection association are prima facie evidence. To
-1017-1the greatest extent possible, the rules promulgated by the
2state fire marshal director shall be consistent with the rules
3adopted by the department under this chapter.
4 Sec. 1647. Section 135C.16, subsection 3, Code 2023, is
5amended to read as follows:
63. An authorized representative of the department may
7enter any licensed health care facility without a warrant,
8and may examine all records pertaining to the care provided
9residents of the facility. An authorized representative of the
10department may contact or interview any resident, employee, or
11any other person who might have knowledge about the operation
12of a health care facility. An authorized representative of
13the department of human services shall have the same right
14with respect to any facility where one or more residents are
15cared for entirely or partially at public expense, and an
16authorized representative of the designated protection and
17advocacy agency shall have the same right with respect to
18any facility where one or more residents have developmental
19disabilities or mental illnesses, and the state fire marshal or
20a deputy appointed pursuant to section 135C.9, subsection 1,
21paragraph “b”, director shall have the same right of entry into
22any facility and the right to inspect any records pertinent
23to fire safety practices and conditions within that facility,
24and an authorized representative of the office of long-term
25care ombudsman shall have the same right with respect to any
26nursing facility or residential care facility. If any such
27authorized representative has probable cause to believe that
28any institution, building, or agency not licensed as a health
29care facility is in fact a health care facility as defined
30by this chapter, and upon producing identification that the
31individual is an authorized representative is denied entry
32thereto for the purpose of making an inspection, the authorized
33representative may, with the assistance of the county attorney
34of the county in which the purported health care facility is
35located, apply to the district court for an order requiring
-1018-1the owner or occupant to permit entry and inspection of the
2premises to determine whether there have been any violations of
3this chapter.
4 Sec. 1648. Section 135C.17, Code 2023, is amended to read
5as follows:
6135C.17 Duties of other departments.
7It shall be the duty of the department of human services,
8state fire marshal director, office of long-term care
9ombudsman, and the officers and agents of other state and local
10governmental units, and the designated protection and advocacy
11agency to assist the department in carrying out the provisions
12of this chapter, insofar as the functions of these respective
13offices and departments are concerned with the health, welfare,
14and safety of any resident of any health care facility. It
15shall be the duty of the department to cooperate with the
16protection and advocacy agency and the office of long-term
17care ombudsman by responding to all reasonable requests for
18assistance and information as required by federal law and this
19chapter.
20 Sec. 1649. Section 137C.35, subsection 2, Code 2023, is
21amended to read as follows:
222. A bed and breakfast inn is subject to regulation,
23licensing, and inspection under this chapter, but separate
24toilet and lavatory facilities shall not be required for each
25guest room. Additionally, a bed and breakfast inn is exempt
26from fire safety rules adopted pursuant to section 100.35 and
27applicable to hotels, but is subject to fire safety rules which
28the state fire marshal director shall specifically adopt for
29bed and breakfast inns.
30 Sec. 1650. Section 147.1, subsection 2, Code 2023, is
31amended to read as follows:
322. “Department” means the department of public health
33 inspections, appeals, and licensing.
34 Sec. 1651. Section 147.82, Code 2023, is amended to read as
35follows:
-1019- 1147.82 Fee retention.
2All fees collected by a board listed in section 147.13 or
3by the department for the bureau of professional licensure,
4and fees collected pursuant to sections 124.301 and 147.80 and
5chapter 155A by the board of pharmacy, shall be retained by
6each board or by the department for the bureau of professional
7licensure. The moneys retained by a board shall be used for
8any of the board’s duties, including but not limited to the
9addition of full-time equivalent positions for program services
10and investigations. Revenues retained by a board pursuant
11to this section shall be considered repayment receipts as
12defined in section 8.2. Notwithstanding section 8.33, moneys
13retained by a board pursuant to this section are not subject to
14reversion to the general fund of the state.
15 Sec. 1652. Section 148C.1, subsection 4, Code 2023, is
16amended to read as follows:
174. “Department” means the department of public health
18 inspections, appeals, and licensing.
19 Sec. 1653. Section 152B.1, subsection 2, Code 2023, is
20amended to read as follows:
212. “Department” means the Iowa department of public health
22 inspections, appeals, and licensing.
23 Sec. 1654. Section 154A.1, subsection 2, Code 2023, is
24amended to read as follows:
252. “Department” means the Iowa department of public health
26 inspections, appeals, and licensing.
27 Sec. 1655. Section 154B.8, Code 2023, is amended to read as
28follows:
29154B.8 Voluntary surrender of license.
30The director of public health the department of inspections,
31appeals, and licensing may accept the voluntary surrender of
32license if accompanied by a written statement of intention.
33The voluntary surrender, when accepted, shall have the same
34force and effect as an order of revocation.
35 Sec. 1656. Section 154B.13, subsection 2, Code 2023, is
-1020-1amended to read as follows:
22. The board shall appoint a prescribing psychologist
3rules subcommittee comprised of a psychologist appointed by
4the board, a physician appointed by the board of medicine, and
5a member of the public appointed by the director of public
6health the department of inspections, appeals, and licensing to
7develop rules for consideration by the board pursuant to this
8section.
9 Sec. 1657. Section 154E.1, subsection 3, Code 2023, is
10amended to read as follows:
113. “Department” means the Iowa department of public health
12 inspections, appeals, and licensing.
13 Sec. 1658. Section 155A.13, subsection 3, paragraph d, Code
142023, is amended to read as follows:
15d. An applicant seeking a special or limited-use pharmacy
16license for a proposed telepharmacy site that does not meet the
17mileage requirement established in paragraph “c” and is not
18statutorily exempt from the mileage requirement may apply to
19the board for a waiver of the mileage requirement. A waiver
20request shall only be granted if the applicant can demonstrate
21to the board that the proposed telepharmacy site is located in
22an area where there is limited access to pharmacy services and
23can establish the existence of compelling circumstances that
24justify waiving the mileage requirement. The board’s decision
25to grant or deny a waiver request shall be a proposed decision
26subject to mandatory review by the director of public health
27 the department of inspections, appeals, and licensing. The
28director shall review a proposed decision and shall have the
29power to approve, modify, or veto a proposed decision. The
30director’s decision on a waiver request shall be considered
31final agency action subject to judicial review under chapter
3217A.
33 Sec. 1659. Section 156.1A, Code 2023, is amended to read as
34follows:
35156.1A Provision of services.
-1021- 1Nothing contained in this chapter shall be construed
2as prohibiting the operation of any funeral home, funeral
3establishment, or cremation establishment by any person,
4heir, fiduciary, firm, cooperative burial association, or
5corporation. However, each such person, firm, cooperative
6burial association, or corporation shall ensure that
7all mortuary science services are provided by a funeral
8director, and shall keep the Iowa department of public health
9 inspections, appeals, and licensing advised of the name of the
10funeral director.
11 Sec. 1660. Section 156.10, Code 2023, is amended to read as
12follows:
13156.10 Inspection.
141. The director of public health the department of
15inspections, appeals, and licensing may inspect all places
16where dead human bodies are prepared or held for burial,
17entombment, or cremation, and may adopt and enforce such rules
18and regulations in connection with the inspection as may be
19necessary for the preservation of the public health.
202. The Iowa department of public health inspections,
21appeals, and licensing may assess an inspection fee for an
22inspection of a place where dead human bodies are prepared
23for burial or cremation. The fee may be determined by the
24department by rule.
25 Sec. 1661. Section 157.1, subsection 7, Code 2023, is
26amended to read as follows:
277. “Department” means the Iowa department of public health
28 inspections, appeals, and licensing.
29 Sec. 1662. Section 157.7, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. The department of inspections and appeals shall
32employ personnel pursuant to chapter 8A, subchapter IV, to
33perform duties related to inspection functions under this
34chapter. The department of inspections and appeals shall, when
35possible, integrate inspection efforts under this chapter with
-1022-1inspections conducted under chapter 158.
22. The Iowa department of public health may employ clerical
3assistants pursuant to chapter 8A, subchapter IV, to administer
4and enforce this chapter. The costs and expenses of the
5clerical assistants shall be paid from funds appropriated to
6the department of public health.
7 Sec. 1663. Section 158.1, subsection 6, Code 2023, is
8amended to read as follows:
96. “Department” means the Iowa department of public health
10 inspections, appeals, and licensing.
11 Sec. 1664. Section 158.6, Code 2023, is amended to read as
12follows:
13158.6 Inspectors and clerical assistants.
141. The department of inspections and appeals shall
15employ personnel pursuant to chapter 8A, subchapter IV, to
16perform duties related to inspection functions under this
17chapter. The department of inspections and appeals shall, when
18possible, integrate inspection efforts under this chapter with
19inspections conducted under chapter 157.
202. The Iowa department of public health may employ clerical
21assistants pursuant to chapter 8A, subchapter IV, to administer
22and enforce this chapter. The costs and expenses of the
23clerical assistants shall be paid from funds appropriated to
24the department of public health.
25 Sec. 1665. Section 214A.35, subsection 2, paragraph g, Code
262023, is amended to read as follows:
27g. The department of agriculture and land stewardship may
28cooperate with the department of natural resources and the
29state fire marshal department of inspections, appeals, and
30licensing in administering and enforcing the provisions of this
31section.
32 Sec. 1666. Section 218.4, subsection 3, Code 2023, is
33amended to read as follows:
343. The state fire marshal department of inspections,
35appeals, and licensing shall cause to be made an annual
-1023-1inspection of all the institutions listed in section 218.1
2and shall make written report thereof to the particular
3administrator of the state department of human services in
4control of such institution.
5 Sec. 1667. Section 231B.4, Code 2023, is amended to read as
6follows:
7231B.4 Zoning — fire and safety standards.
8An elder group home shall be located in an area zoned
9for single-family or multiple-family housing or in an
10unincorporated area and shall be constructed in compliance with
11applicable local housing codes and the rules adopted for the
12special classification by the state fire marshal department.
13In the absence of local building codes, the facility shall
14comply with the state plumbing code established pursuant to
15section 135.11 and the state building code established pursuant
16to section 103A.7 and the rules adopted for the special
17classification by the state fire marshal department. The
18rules adopted for the special classification by the state fire
19marshal department regarding second floor occupancy shall be
20adopted in consultation with the department and shall take into
21consideration the mobility of the tenants.
22 Sec. 1668. Section 231C.4, Code 2023, is amended to read as
23follows:
24231C.4 Fire and safety standards.
25The state fire marshal department shall adopt rules, in
26coordination with the department, relating to the certification
27and monitoring of the fire and safety standards of certified
28assisted living programs.
29 Sec. 1669. Section 231D.15, Code 2023, is amended to read
30as follows:
31231D.15 Fire and safety standards.
32The state fire marshal department shall adopt rules, in
33coordination with the department, relating to the certification
34and monitoring of the fire and safety standards of adult day
35services programs.
-1024-1 Sec. 1670. Section 235A.15, subsection 2, paragraph d,
2subparagraph (7), Code 2023, is amended to read as follows:
3(7) Each licensing board specified under chapter 147 and
4the Iowa department of public health inspections, appeals,
5and licensing for the purpose of licensure, certification or
6registration, disciplinary investigation, or the renewal of
7licensure, certification or registration, or disciplinary
8proceedings of health care professionals.
9 Sec. 1671. Section 237.3, subsection 3, Code 2023, is
10amended to read as follows:
113. Rules governing fire safety in facilities with child
12foster care provided by agencies shall be promulgated by the
13state fire marshal director of the department of inspections,
14appeals, and licensing pursuant to section 100.1, subsection 5
15 10A.511 after consultation with the administrator.
16 Sec. 1672. Section 237A.3A, subsection 3, paragraph c, Code
172023, is amended to read as follows:
18c. In consultation with the state fire marshal director
19of the department of inspections, appeals, and licensing, the
20department shall adopt rules relating to the provision of fire
21extinguishers, smoke detectors, and two exits accessible to
22children in a child development home.
23 Sec. 1673. Section 237A.4, Code 2023, is amended to read as
24follows:
25237A.4 Inspection and evaluation.
26The department shall make periodic inspections of licensed
27centers to ensure compliance with licensing requirements
28provided in this chapter, and the local boards of health
29may make periodic inspections of licensed centers to ensure
30compliance with health-related licensing requirements provided
31in this chapter. The department may inspect records maintained
32by a licensed center and may inquire into matters concerning
33these centers and the persons in charge. The department
34shall require that the center be inspected by the state fire
35marshal director of the department of inspections, appeals,
-1025-1and licensing or a designee for compliance with rules relating
2to fire safety before a license is granted or renewed. The
3department or a designee may periodically visit registered
4child development homes for the purpose of evaluation of an
5inquiry into matters concerning compliance with rules adopted
6under section 237A.12. Evaluation of child development homes
7under this section may include consultative services provided
8pursuant to section 237A.6.
9 Sec. 1674. Section 237A.12, subsections 2, 3, and 4, Code
102023, are amended to read as follows:
112. Rules adopted by the state fire marshal director of
12the department of inspections, appeals, and licensing for
13buildings, other than school buildings, used as child care
14centers as an adjunct to the primary purpose of the building
15shall take into consideration that children are received for
16temporary care only and shall not differ from rules adopted
17for these buildings when they are used by groups of persons
18congregating from time to time in the primary use and occupancy
19of the buildings. However, the rules may require a fire-rated
20separation from the remaining portion of the building if
21the fire marshal director of the department of inspections,
22appeals, and licensing determines that the separation is
23necessary for the protection of children from a specific
24flammable hazard.
253. Rules relating to fire safety for child care centers
26shall be adopted under this chapter by the state fire marshal
27 director of the department of inspections, appeals, and
28licensing in consultation with the department. Rules adopted
29by the state fire marshal director of the department of
30inspections, appeals, and licensing for a building which is
31owned or leased by a school district or accredited nonpublic
32school and used as a child care facility shall not differ from
33standards adopted by the state fire marshal director of the
34department of inspections, appeals, and licensing for school
35buildings under chapter 100 10A, subchapter V, part 2. Rules
-1026-1relating to sanitation shall be adopted by the department in
2consultation with the director of public health. All rules
3shall be developed in consultation with the state child care
4advisory committee. The state fire marshal director of the
5department of inspections, appeals, and licensing shall inspect
6the facilities.
74. If a building is owned or leased by a school district
8or accredited nonpublic school and complies with standards
9adopted by the state fire marshal director of the department
10of inspections, appeals, and licensing for school buildings
11under chapter 100 10A, subchapter V, part 2, the building is
12considered appropriate for use by a child care facility. The
13rules adopted by the administrator under this section shall not
14require the facility to comply with building requirements which
15differ from requirements for use of the building as a school.
16 Sec. 1675. Section 237C.4, subsection 2, Code 2023, is
17amended to read as follows:
182. Before the administrator issues or reissues a
19certificate of approval to a children’s residential facility
20under section 237C.6, the facility shall comply with standards
21adopted by the state fire marshal director of the department
22of inspections, appeals, and licensing under chapter 100 10A,
23subchapter V, part 2.
24 Sec. 1676. Section 237C.6, subsection 2, Code 2023, is
25amended to read as follows:
262. The certificate of approval shall state on its face the
27name of the holder of the certificate, the particular premises
28for which the certificate is issued, and the number of children
29who may be cared for by the children’s residential facility on
30the premises at one time under the certificate of occupancy
31issued by the state fire marshal director of the department of
32inspections, appeals, and licensing or the state fire marshal’s
33 director’s designee. The certificate of approval shall be
34posted in a conspicuous place in the children’s residential
35facility.
-1027-1 Sec. 1677. Section 261B.11, subsection 1, paragraph m, Code
22023, is amended to read as follows:
3m. Higher education institutions located in Iowa whose
4massage therapy curriculum is approved under administrative
5rules of the professional licensure division of the department
6of public health inspections, appeals, and licensing and whose
7instructors are licensed massage therapists under chapter 152C.
8 Sec. 1678. Section 262.33A, Code 2023, is amended to read
9as follows:
10262.33A Fire and environmental safety — report —
11expenditures.
12It is the intent of the general assembly that each
13institution of higher education under the control of the state
14board of regents shall, in consultation with the state fire
15marshal director of the department of inspections, appeals,
16and licensing, identify and correct all critical fire and
17environmental safety deficiencies. Commencing July 1, 1993,
18each institution under the control of the state board of
19regents shall expend annually for fire safety and deferred
20maintenance at least the amount budgeted for these purposes
21for the fiscal year beginning July 1, 1992, in addition to any
22moneys appropriated from the general fund for these purposes in
23succeeding years.
24 Sec. 1679. Section 272C.1, subsection 6, paragraphs af and
25ag, Code 2023, are amended to read as follows:
26af. The department of public safety inspections, appeals,
27and licensing, in licensing fire protection system installers
28and maintenance workers pursuant to chapter 100D.
29ag. The superintendent of the division of banking director
30 of the department of commerce inspections, appeals, and
31licensing in registering and supervising appraisal management
32companies pursuant to chapter 543E.
33 Sec. 1680. Section 272C.3, subsection 4, paragraph b, Code
342023, is amended to read as follows:
35b. All health care boards shall file written decisions
-1028-1which specify the sanction entered by the board with the Iowa
2 department of public health inspections, appeals, and licensing
3 which shall be available to the public upon request. All
4non-health care boards shall have on file the written and
5specified decisions and sanctions entered by the board and
6shall be available to the public upon request.
7 Sec. 1681. Section 272C.4, subsection 9, Code 2023, is
8amended to read as follows:
99. Require each health care licensing board to file with
10the Iowa department of public health inspections, appeals,
11and licensing a copy of each decision of the board imposing
12licensee discipline. Each non-health care board shall have on
13file a copy of each decision of the board imposing licensee
14discipline which copy shall be properly dated and shall be in
15simple language and in the most concise form consistent with
16clearness and comprehensiveness of subject matter.
17 Sec. 1682. Section 272C.6, subsection 6, paragraph b, Code
182023, is amended to read as follows:
19b. The department of agriculture and land stewardship,
20the department of commerce, and the Iowa department of public
21health inspections, appeals, and licensing shall each adopt
22rules pursuant to chapter 17A which provide for the allocation
23of fees and costs collected pursuant to this section to the
24board under its jurisdiction collecting the fees and costs.
25The fees and costs shall be considered repayment receipts as
26defined in section 8.2.
27 Sec. 1683. Section 279.49, subsection 3, Code 2023, is
28amended to read as follows:
293. The facilities housing a program operated under this
30section shall comply with standards adopted by the state fire
31marshal director of the department of inspections, appeals,
32and licensing for school buildings under chapter 100 10A,
33subchapter V, part 2. In addition, if a program involves
34children who are younger than school age, the facilities
35housing those children shall meet the fire safety standards
-1029-1which would apply to that age of child in a child care facility
2licensed by the department of human services.
3 Sec. 1684. Section 292.2, subsection 7, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The department shall form a task force to review
6applications for financial assistance and provide
7recommendations to the school budget review committee. The
8task force shall include, at a minimum, representatives from
9the kindergarten through grade twelve education community, the
10state fire marshal director of the department of inspections,
11appeals, and licensing, and individuals knowledgeable in school
12infrastructure and construction issues. The department,
13in consultation with the task force, shall establish the
14parameters and the details of the criteria for awarding grants
15based on the information listed in subsection 3, including
16greater priority to the following:
17 Sec. 1685. Section 323.4A, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. Using a dispenser to dispense ethanol blended gasoline,
20including gasoline with a specified blend or a range of
21blends under chapter 214A, if the dispenser is approved as
22required by the state fire marshal director of the department
23of inspections, appeals, and licensing for dispensing the
24specified blend or range of blends, including as provided in
25section 455G.31.
26 Sec. 1686. Section 423E.6, subsections 2, 3, and 4, Code
272023, are amended to read as follows:
282. The funds shall be allocated to the school budget
29review committee to develop a school infrastructure safety
30fund grant program, in conjunction with the state fire marshal
31 director of the department of inspections, appeals, and
32licensing. For purposes of reviewing grant applications and
33making recommendations regarding the administration of the
34program, the state fire marshal director of the department of
35inspections, appeals, and licensing shall be considered an
-1030-1additional voting member of the school budget review committee.
23. Top priority in awarding program grants shall be the
3making of school infrastructure improvements relating to fire
4and personal safety. School districts eligible for program
5grants shall have received an order or citation from the
6state fire marshal director of the department of inspections,
7appeals, and licensing, or a fire department chief or fire
8prevention officer, for one or more fire safety violations
9regarding a school facility, or in the opinion of the state
10fire marshal director of the department of inspections,
11appeals, and licensing shall be regarded as operating
12facilities subject to significant fire safety deficiencies.
13Grant awards shall also be available for defects or violations
14of the state building code, as adopted pursuant to section
15103A.7, revealed during an inspection of school facilities by
16a local building department, or for improvements consistent
17with the standards and specifications contained in the state
18building code regarding ensuring that buildings and facilities
19are accessible to and functional for persons with disabilities.
20The school budget review committee shall allocate program
21funds to school districts which, in its discretion, are
22determined to be faced with the most severe deficiencies.
23School districts applying for program grants shall have
24developed and submitted to the state fire marshal director of
25the department of inspections, appeals, and licensing or local
26building department a written plan to remedy fire or safety
27defects within a specified time frame. Approval of the written
28plan by the state fire marshal director of the department
29of inspections, appeals, and licensing or local building
30department shall be obtained prior to receipt of a grant award
31by a school district.
324. Application forms, submission dates for applications and
33for written plans to remedy fire or safety defects, and grant
34award criteria shall be developed by the state department of
35education, in coordination with the state fire marshal director
-1031-1of the department of inspections, appeals, and licensing, by
2rule.
3 Sec. 1687. Section 455B.390, subsection 3, Code 2023, is
4amended to read as follows:
53. The storage, transportation, handling, or use of
6flammable liquids, combustibles, and explosives, control over
7which is exercised by the state fire marshal director of the
8department of inspections, appeals, and licensing under chapter
9100 10A, subchapter V, part 2.
10 Sec. 1688. Section 455B.474, subsection 10, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12Requirements that persons and companies performing or
13providing services for underground storage tank installations,
14installation inspections, testing, permanent closure of
15underground storage tanks by removal or filling in place, and
16other closure activities as defined by rules adopted by the
17commission be certified by the department. This provision does
18not apply to persons performing services in their official
19capacity and as authorized by the state fire marshal’s office
20 department of inspections, appeals, and licensing or fire
21departments of political subdivisions of the state. The rules
22adopted by the commission shall include all of the following:
23 Sec. 1689. Section 455B.474, subsection 10, paragraph c,
24Code 2023, is amended to read as follows:
25c. Requiring a written examination developed and
26administered by the department or by some other qualified
27public or private entity identified by the department.
28The department may contract with a public or private
29entity to administer the department’s examination or a
30department-approved third party examination. The examination
31shall, at a minimum, be sufficient to establish knowledge of
32all applicable underground storage tank rules adopted under
33this section, private industry standards, federal standards,
34and other applicable standards adopted by the state fire
35marshal’s office department of inspections, appeals, and
-1032-1licensing pursuant to chapter 101.
2 Sec. 1690. Section 455G.31, subsection 2, Code 2023, is
3amended to read as follows:
42. Subject to section 455G.32, a retail dealer may use
5gasoline storage and dispensing infrastructure to store and
6dispense ethanol blended gasoline classified as E-9 or higher
7if the department under this subchapter or the state fire
8marshal director of the department of inspections, appeals,
9and licensing under chapter 101 determines that the gasoline
10infrastructure is compatible with the classification of ethanol
11blended gasoline being used.
12 Sec. 1691. Section 455G.33, subsection 2, paragraph b, Code
132023, is amended to read as follows:
14b. Approved by the department or state fire marshal director
15of the department of inspections, appeals, and licensing
16 subject to conditions determined necessary by the department or
17state fire marshal director of the department of inspections,
18appeals, and licensing. The department or state fire marshal
19 director of the department of inspections, appeals, and
20licensing may waive the requirement in paragraph “a” upon
21satisfaction that a substitute requirement serves the same
22purpose.
23 Sec. 1692. Section 542.4, subsection 1, unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25An Iowa accountancy examining board is created within the
26professional licensing and regulation bureau of the banking
27division of the department of commerce inspections, appeals,
28and licensing to administer and enforce this chapter.
29 Sec. 1693. Section 542.4, subsections 4 and 6, Code 2023,
30are amended to read as follows:
314. All moneys collected by the board from fees authorized
32to be charged by this chapter shall be received and accounted
33for by the board and shall be paid monthly to the treasurer of
34state for deposit in the general fund of the state licensing
35and regulation fund created in section 10A.507. Expenses
-1033-1of administering this chapter shall be paid from moneys
2appropriated to the department pursuant to section 10A.507
3and from appropriations made by the general assembly, which
4expenses may include but shall not be limited to the costs
5of conducting investigations and of taking testimony and
6procuring the attendance of witnesses before the board or its
7committees; all legal proceedings taken under this chapter for
8the enforcement of this chapter; and educational programs for
9the benefit of the public and licensees and their employees.
106. The administrator director of the professional licensing
11and regulation bureau of the banking division of the department
12of commerce inspections, appeals, and licensing shall provide
13staffing assistance to the board for implementing this chapter.
14 Sec. 1694. Section 542B.3, Code 2023, is amended to read as
15follows:
16542B.3 Engineering and land surveying examining board
17created.
18An engineering and land surveying examining board is
19created within the professional licensing and regulation
20bureau of the banking division of the department of commerce
21 inspections, appeals, and licensing. The board consists of
22three members who are licensed professional engineers, two
23members who are licensed professional land surveyors, and
24two members who are not licensed professional engineers or
25licensed professional land surveyors and who shall represent
26the general public. An individual who is licensed as both
27a professional engineer and a professional land surveyor may
28serve to satisfy the board membership requirement for either
29a licensed professional engineer or a licensed professional
30land surveyor, but not both. Members shall be appointed
31by the governor subject to confirmation by the senate. A
32licensed member shall be actively engaged in the practice of
33engineering or land surveying and shall have been so engaged
34for five years preceding the appointment, the last two of which
35shall have been in Iowa. Insofar as practicable, licensed
-1034-1engineer members of the board shall be from different branches
2of the profession of engineering. Professional associations
3or societies composed of licensed engineers or licensed land
4surveyors may recommend the names of potential board members
5whose profession is representative of that association or
6society to the governor. However, the governor is not bound by
7the recommendations. A board member shall not be required to
8be a member of any professional association or society composed
9of professional engineers or professional land surveyors.
10 Sec. 1695. Section 542B.9, Code 2023, is amended to read as
11follows:
12542B.9 Organization of the board — staff.
13The board shall elect annually from its members a
14chairperson and a vice chairperson. The administrator director
15 of the professional licensing and regulation bureau of the
16banking division of the department of commerce inspections,
17appeals, and licensing shall hire and provide staff to assist
18the board in implementing this chapter. The board shall hold
19at least one meeting at the location of the board’s principal
20office, and meetings shall be called at other times by the
21administrator director at the request of the chairperson or
22four members of the board. At any meeting of the board, a
23majority of members constitutes a quorum.
24 Sec. 1696. Section 542B.12, Code 2023, is amended to read
25as follows:
26542B.12 Disposition of fees.
27The staff shall collect and account for all fees provided
28for by this chapter and pay the fees to the treasurer of state
29who shall deposit the fees in the general fund of the state
30 licensing and regulation fund created in section 10A.507.
31 Sec. 1697. Section 543B.8, subsections 1 and 5, Code 2023,
32are amended to read as follows:
331. A real estate commission is created within the
34professional licensing and regulation bureau of the banking
35division of the department of commerce inspections, appeals,
-1035-1and licensing. The commission consists of five members
2licensed under this chapter and two members not licensed under
3this chapter and who shall represent the general public.
4Commission members shall be appointed by the governor subject
5to confirmation by the senate.
65. The administrator director of the professional licensing
7and regulation bureau of the banking division department of
8inspections, appeals, and licensing shall hire and provide
9staff to assist the commission with implementing this chapter.
10The administrator of the professional licensing and regulation
11bureau of the banking division of the department of commerce
12 and shall hire a real estate education director to assist
13the commission in administering education programs for the
14commission.
15 Sec. 1698. Section 543B.14, Code 2023, is amended to read
16as follows:
17543B.14 Fees and expenses.
18All fees and charges collected by the real estate commission
19under this chapter shall be paid into the general fund of the
20state, except that deposited in the licensing and regulation
21fund created in section 10A.507. Of the moneys deposited
22in the fund, twenty-five dollars from each real estate
23salesperson’s license fee and each broker’s license fee is
24appropriated to the professional licensing and regulation
25bureau of the banking division of the department of commerce
26 shall be appropriated to the department of inspections,
27appeals, and licensing for the purpose of hiring and
28compensating a real estate education director and regulatory
29compliance personnel. All expenses incurred by the commission
30under this chapter, including compensation of staff assigned
31to the commission, shall be paid from funds appropriated for
32those purposes.
33 Sec. 1699. Section 543D.2, Code 2023, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 9A. “Director” means the director of
-1036-1the department of inspections, appeals, and licensing or the
2director’s designee.
3 Sec. 1700. Section 543D.2, subsection 14, Code 2023, is
4amended by striking the subsection.
5 Sec. 1701. Section 543D.4, subsection 1, Code 2023, is
6amended to read as follows:
71. A real estate appraiser examining board is established
8within the banking division of the department of commerce
9 inspections, appeals, and licensing. The board consists of
10seven members, two of whom shall be public members and five of
11whom shall be certified real estate appraisers.
12 Sec. 1702. Section 543D.5, subsection 1, Code 2023, is
13amended to read as follows:
141. The board shall adopt rules establishing uniform
15appraisal standards and appraiser certification requirements
16and other rules necessary to administer and enforce this
17chapter and its responsibilities under chapter 272C, subject to
18the superintendent’s director’s supervision and authority under
19section 543D.23. The board shall consider and may incorporate
20any standards required or recommended by the appraisal
21foundation or by a federal agency with regulatory authority
22over appraisal standards or the certification of appraisers for
23federally related transactions.
24 Sec. 1703. Section 543D.6, subsection 2, Code 2023, is
25amended to read as follows:
262. All fees collected by the board shall be deposited into
27the department of commerce revolving licensing and regulation
28 fund created in section 546.12 and are appropriated to the
29superintendent on behalf of the board 10A.507 to be used to
30administer this chapter, including but not limited to purposes
31such as examinations, investigations, and administrative
32staffing. Notwithstanding section 8.33, moneys retained by
33the superintendent pursuant to this section are not subject
34to reversion to the general fund of the state. However,
35the appraisal management company national registry fees the
-1037-1board collects on behalf of the appraisal subcommittee as
2defined in section 543E.3 shall be transmitted to the appraisal
3subcommittee in accordance with federal laws and regulations.
4 Sec. 1704. Section 543D.23, Code 2023, is amended to read
5as follows:
6543D.23 Superintendent Director supervision and authority.
71. The superintendent director shall supervise the
8board and manage the board’s budget and retained fees.
9The superintendent director may exercise all authority
10conferred upon the board under this chapter and shall have
11access to all records and information to which the board
12has access. In supervising the board, the superintendent
13 director shall independently evaluate the substantive merits
14of actions recommended or proposed by the board which may
15be anticompetitive and shall have the authority to review,
16approve, modify, or reject all board actions including but not
17limited to those taken in connection with any of the following:
18a. Initial or reciprocal certification of real estate
19appraisers, registration of associate real estate appraisers,
20and temporary practice permits.
21b. Disciplinary investigations and proceedings.
22c. Investigations and proceedings under section 543D.21.
23d. Rulemaking under chapter 17A, including orders on
24petitions for rulemaking.
25e. Orders on petitions for declaratory orders or waivers.
262. A person aggrieved by any final action of the board taken
27under this chapter shall not have exhausted administrative
28remedies until the person has appealed the action to the
29superintendent director and the superintendent director has
30issued a final decision or order.
313. The superintendent director shall adopt rules to
32implement this section.
33 Sec. 1705. Section 543E.3, subsection 1, Code 2023, is
34amended by striking the subsection.
35 Sec. 1706. Section 543E.3, subsection 8, Code 2023, is
-1038-1amended to read as follows:
28. “Appraiser panel” means a network, list, or roster of
3certified appraisers who are independent contractors with
4an appraisal management company and who have been selected
5and approved by the appraisal management company to perform
6appraisals directly for the appraisal management company or
7for persons that have ordered appraisals through the appraisal
8management company. Appraisers on an appraisal management
9company’s appraiser panel may include both appraisers engaged
10to perform one or more appraisals for covered transactions or
11for secondary mortgage market participants in connection with
12covered transactions, and appraisers accepted by the appraisal
13management company for consideration for future appraisal
14assignments for such purposes, as the administrator director
15 may further provide by rule.
16 Sec. 1707. Section 543E.3, Code 2023, is amended by adding
17the following new subsection:
18 NEW SUBSECTION. 13A. “Director” means the director of
19the department of inspections, appeals, and licensing or the
20director’s designee.
21 Sec. 1708. Section 543E.4, Code 2023, is amended to read as
22follows:
23543E.4 Registration required.
24A person shall not directly or indirectly engage in or
25attempt to engage in business as an appraisal management
26company or advertise or hold itself out as engaging in or
27conducting business as an appraisal management company in
28this state without first registering with the administrator
29 director.
30 Sec. 1709. Section 543E.6, subsection 2, Code 2023, is
31amended to read as follows:
322. A person who directly or indirectly owns more than
33ten percent of an appraisal management company in this
34state shall be of good moral character, as prescribed by
35rules adopted by the administrator director consistent with
-1039-1applicable federal law and regulations, and shall submit to a
2background investigation, as prescribed by rules adopted by the
3administrator director consistent with applicable federal law
4and regulations.
5 Sec. 1710. Section 543E.7, subsections 1 and 3, Code 2023,
6are amended to read as follows:
71. An appraisal management company registered or applying
8for registration in this state shall designate a controlling
9person who shall be the main contact for all communications
10between the administrator director and the appraisal management
11company, and who shall be responsible for assuring the
12appraisal management company complies with the provisions of
13this chapter when performing appraisal management services in
14connection with real estate located in this state.
153. The designated controlling person shall be of good moral
16character, as prescribed by rules adopted by the administrator
17 director consistent with applicable federal law and
18regulations, and shall submit to a background investigation,
19as prescribed by rules adopted by the administrator director
20 consistent with applicable federal law and regulations.
21 Sec. 1711. Section 543E.8, subsection 1, Code 2023, is
22amended to read as follows:
231. An application for registration as an appraisal
24management company shall be submitted on a form prescribed by
25the administrator director.
26 Sec. 1712. Section 543E.8, subsection 2, paragraphs b, c,
27and f, Code 2023, are amended to read as follows:
28b. The names and contact information for all persons
29who directly or indirectly own more than ten percent of the
30applicant and for the controlling person designated pursuant
31to section 543E.7, and such additional information the
32administrator director may need to enforce section 543E.6,
33subsection 1.
34c. Information as reasonably necessary to establish the size
35of the applicant’s nationwide and Iowa appraiser panels, in
-1040-1accordance with rules adopted by the administrator director.
2f. Any additional information that is reasonably needed
3for the administrator director to implement the provisions of
4this chapter and assure that the applicant is eligible for
5registration under this chapter.
6 Sec. 1713. Section 543E.9, Code 2023, is amended to read as
7follows:
8543E.9 Registration renewal.
91. A registration issued under this chapter shall be valid
10for one year as provided by rule.
112. An application to renew registration shall be submitted
12in the form and in the manner prescribed by the administrator
13 director. The administrator director may further require
14periodic disclosures of changes impacting registration, such as
15a change in ownership or the designated controlling person.
163. An application to renew registration shall contain the
17information described in section 543E.8, subsection 2.
184. A registration issued under this chapter shall lapse if
19not timely renewed, in accordance with rules adopted by the
20administrator director.
215. A person holding a lapsed registration shall not directly
22or indirectly engage in or attempt to engage in business as an
23appraisal management company or advertise or hold itself out as
24engaging in or conducting business as an appraisal management
25company in this state until the registration has been
26reinstated under the process prescribed by the administrator
27 director by rule.
28 Sec. 1714. Section 543E.10, Code 2023, is amended to read
29as follows:
30543E.10 Fees.
311. The administrator director shall by rule establish fees
32for registration, renewal, reinstatement, and such additional
33fees as are reasonably necessary for the administration of this
34chapter. The fees shall be established in consideration of
35the costs of administering this chapter and the actual cost
-1041-1of the specific service to be provided or performed. The
2administrator director shall periodically review and adjust the
3schedule of fees as needed to cover projected expenses.
42. Except as provided in subsection 3, all fees collected
5under this chapter shall be deposited into the department
6of commerce revolving licensing and regulation fund created
7in section 546.12 and are appropriated to the administrator
8 10A.507 to be used to administer this chapter including but not
9limited to purposes such as examinations, investigations, and
10administrative staffing. Notwithstanding section 8.33, moneys
11appropriated pursuant to this subsection are not subject to
12reversion to the general fund of the state.
133. The administrator director shall also collect the
14appraisal management company national registry fee from each
15appraisal management company seeking to register in this state
16and from federally regulated appraisal management companies
17operating in this state. The administrator director shall
18transfer all appraisal management company national registry
19fees collected by the administrator director to the appraisal
20subcommittee.
21 Sec. 1715. Section 543E.12, subsections 3 and 4, Code 2023,
22are amended to read as follows:
233. An appraisal management company that has a reasonable
24basis to believe an appraiser has materially failed to comply
25with the uniform standards of professional appraisal practice
26or has otherwise materially violated chapter 543D or this
27chapter shall refer the matter to the administrator director
28 in conformance with applicable federal law and regulations.
29An appraisal management company that has a reasonable basis
30to believe another appraisal management company is failing
31to comply with the provisions of this chapter shall refer
32the matter to the administrator director in conformance with
33section 272C.9, subsection 2.
344. An appraiser who is employed by or is on the appraiser
35panel of an appraisal management company registered under this
-1042-1chapter who has a reasonable basis to believe the appraisal
2management company is in violation of this chapter shall refer
3the matter to the administrator director.
4 Sec. 1716. Section 543E.13, subsection 1, Code 2023, is
5amended to read as follows:
61. An appraisal management company shall maintain a
7detailed record of each service request the appraisal
8management company receives involving real estate located in
9this state and the identity of the appraiser who performs the
10appraisal assignment. All such records shall be maintained for
11at least five years after the request is sent by the appraisal
12management company to the appraiser or the completion of the
13appraisal report, whichever period expires later. An appraisal
14management company shall maintain such additional records
15regarding appraisal management services performed in this state
16as the administrator director may specify by rule.
17 Sec. 1717. Section 543E.15, subsection 4, Code 2023, is
18amended to read as follows:
194. Remove an appraiser from an appraiser panel without prior
20written notice that identifies the basis for removal. Upon
21request or in conjunction with an examination, an appraisal
22management company shall forward to the administrator director
23 copies of such notices issued to an appraiser located or
24certified in Iowa.
25 Sec. 1718. Section 543E.17, subsection 1, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27After notice and hearing, the administrator director may
28revoke, suspend, or refuse to issue, renew, or reinstate
29a registration; reprimand, censure, or limit the scope of
30practice of any registrant; impose a civil penalty not to
31exceed ten thousand dollars per violation; require remedial
32action; or place any registrant on probation; all with or
33without terms, conditions, or in combinations of remedies, for
34any one or more of the following reasons:
35 Sec. 1719. Section 543E.17, subsection 2, unnumbered
-1043-1paragraph 1, Code 2023, is amended to read as follows:
2When determining whether to initiate a disciplinary
3proceeding against an appraisal management company based
4on actions or omissions by an employee, owner, director,
5controlling person, or other agent of the appraisal
6management company, the administrator director shall take into
7consideration all of the following:
8 Sec. 1720. Section 543E.18, Code 2023, is amended to read
9as follows:
10543E.18 Unlawful practice — complaints and investigations —
11remedies and penalties.
121. If, as the result of a complaint or otherwise, the
13administrator director believes that a person has engaged, or
14is about to engage, in an act or practice that constitutes or
15will constitute a violation of this chapter, the administrator
16 director may make application to the district court for an
17order enjoining such act or practice. Upon a showing by the
18administrator director that such person has engaged, or is
19about to engage, in any such act or practice, an injunction,
20restraining order, or other order as may be appropriate shall
21be granted by the district court.
222. The administrator director may investigate a complaint
23or initiate a complaint against a person who is not registered
24under this chapter to determine whether grounds exist to make
25application to the district court pursuant to subsection 1 or
26to issue an order pursuant to subsection 3, and in connection
27with such complaint or investigation may issue subpoenas to
28compel witnesses to testify or persons to produce evidence
29consistent with the provisions of section 272C.6, subsection
303, as needed to determine whether probable cause exists to
31initiate a proceeding under this section or to make application
32to the district court for an order enjoining a violation of
33this chapter.
343. In addition to or as an alternative to making application
35to the district court for an injunction, the administrator
-1044-1 director may issue an order to a person who is not registered
2under this chapter to require compliance with this chapter
3and may impose a civil penalty against such person for any
4violation specified in subsection 4 in an amount up to ten
5thousand dollars for each violation. All civil penalties
6collected pursuant to this section shall be deposited in the
7housing trust fund created in section 16.181. An order issued
8pursuant to this section may prohibit a person from applying
9for registration under this chapter or certification or
10registration under chapter 543D.
114. The administrator director may impose a civil penalty
12against a person who is not registered under this chapter for
13any of the following:
14a. A violation of section 543E.4.
15b. A violation of section 543D.18A, subsection 1.
16c. Fraud, deceit, or deception, through act or omission,
17in connection with an application for registration under this
18chapter.
195. The administrator director, before issuing an order
20under this section, shall provide the person written notice
21and the opportunity to request a hearing. The hearing must
22be requested within thirty days after receipt of the notice
23and shall be conducted in the same manner as provided for
24disciplinary proceedings involving a registrant under this
25chapter.
266. A person aggrieved by the imposition of a civil penalty
27under this section may seek judicial review pursuant to section
2817A.19.
297. If a person fails to pay a civil penalty within thirty
30days after entry of an order imposing the civil penalty, or if
31the order is stayed pending an appeal, within ten days after
32the court enters a final judgment in favor of the administrator
33 director, the administrator director shall notify the attorney
34general. The attorney general may commence an action to
35recover the amount of the penalty, including reasonable
-1045-1attorney fees and costs.
28. An action to enforce an order under this section may be
3joined with an action for an injunction.
4 Sec. 1721. Section 543E.19, Code 2023, is amended to read
5as follows:
6543E.19 Surety bond.
71. The administrator director shall require that an
8appraisal management company be covered by a surety bond in the
9amount of twenty-five thousand dollars.
102. The surety bond shall be in a form as prescribed by
11the administrator director. The administrator director may,
12pursuant to rule, determine requirements for such surety
13bonds as are necessary to accomplish the purposes of this
14chapter. The requirements for a surety bond shall only relate
15to liabilities, damages, losses, or claims arising out of
16the appraisal management services performed by the appraisal
17management company involving real estate located in this state.
18The bond shall provide that a person having a claim against an
19appraisal management company may bring suit directly on the
20bond or the administrator director may bring suit on behalf of
21such person.
22 Sec. 1722. Section 543E.20, subsections 1, 3, 4, and 5, Code
232023, are amended to read as follows:
241. The administrator director is vested with broad
25administrative authority to administer, interpret, and enforce
26this chapter and to promulgate rules implementing this chapter.
273. The administrator director may conduct periodic
28examinations of applicants or registrants under this chapter as
29reasonably necessary to assure compliance with all or specific
30provisions of this chapter. All papers, documents, examination
31reports, and other records relating to such examinations shall
32be confidential as provided in section 272C.6, subsection 4,
33except as provided in this section.
344. The administrator director may adopt rules governing
35an appraiser’s use of associate real estate appraisers while
-1046-1performing appraisal assignments subject to this chapter.
2Associate real estate appraisers may provide appraisal services
3under the supervision of a certified appraiser as provided
4in chapter 543D and associated rules, but shall not be on an
5appraiser panel of an appraisal management company.
65. The administrator director may require a national
7criminal history check through the federal bureau of
8investigation or, if authorized by federal law or regulation,
9the nationwide mortgage licensing system and registry,
10as defined in section 535D.3, when conducting background
11investigations under this chapter. Except as inconsistent with
12the registry, the following shall apply:
13a. The administrator director may require owners and
14controlling persons who are subject to the background
15investigation provisions of sections 543E.6 and 543E.7 to
16provide a full set of fingerprints, in a form and manner
17prescribed by the administrator director. Such fingerprints,
18if required, shall be submitted to the federal bureau of
19investigation through the state criminal history repository for
20purposes of the national criminal history check.
21b. The administrator director may also request and obtain,
22notwithstanding section 692.2, subsection 5, criminal history
23data for owners and controlling persons who are subject to the
24background investigation provisions of sections 543E.6 and
25543E.7. A request for criminal history data shall be submitted
26to the department of public safety, division of criminal
27investigation, pursuant to section 692.2, subsection 1.
28c. The administrator director shall inform such owners and
29controlling persons of the requirement of a national criminal
30history check or request for criminal history data and obtain
31a signed waiver from the applicant, certificate holder, or
32registrant prior to requesting the check or data.
33d. The administrator director may, in addition to any other
34fees, charge and collect such amounts as may be incurred by the
35administrator director, the department of public safety, or the
-1047-1federal bureau of investigation in obtaining criminal history
2information. Amounts collected shall be considered repayment
3receipts as defined in section 8.2.
4e. Criminal history data and other criminal history
5information relating to affected owners or controlling persons,
6or their appraisal management companies obtained by the
7administrator director pursuant to this section shall remain
8confidential. Such information may, however, be used by the
9administrator director in a registration denial, enforcement,
10or disciplinary proceeding.
11 Sec. 1723. Section 543E.20, subsection 2, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13In addition to the duties and powers conferred upon the
14administrator director in this chapter, the administrator
15 director shall have the authority to adopt such rules as are
16reasonably necessary to assure the administrator’s director’s
17 registration and supervision of appraisal management companies
18comply with the minimum requirements of 12 U.S.C. §3352 and
19related federal laws and regulations, with respect to any of
20the following:
21 Sec. 1724. Section 544A.1, subsection 2, Code 2023, is
22amended to read as follows:
232. The architectural examining board is created within the
24professional licensing and regulation bureau of the banking
25division of the department of commerce inspections, appeals,
26and licensing. The board consists of five members who possess
27a license issued under section 544A.9 and who have been in
28active practice of architecture for not less than five years,
29the last two of which shall have been in Iowa, and two members
30who do not possess a license issued under section 544A.9
31and who shall represent the general public. Members shall
32be appointed by the governor subject to confirmation by the
33senate.
34 Sec. 1725. Section 544A.5, Code 2023, is amended to read as
35follows:
-1048- 1544A.5 Duties.
2The architectural examining board shall enforce this
3chapter, shall adopt rules pursuant to chapter 17A for the
4examination of applicants for the license provided by this
5chapter, and shall, after due public notice, hold meetings each
6year for the purpose of examining applicants for licensure
7and the transaction of business pertaining to the affairs of
8the board. Examinations shall be given as often as deemed
9necessary, but not less than annually. Action at a meeting
10shall not be taken without the affirmative votes of a majority
11of the members of the board. The administrator director of the
12professional licensing and regulation bureau of the banking
13division of the department of commerce inspections, appeals,
14and licensing shall hire and provide staff to assist the board
15with implementing this chapter.
16 Sec. 1726. Section 544A.11, subsection 2, Code 2023, is
17amended to read as follows:
182. All fees shall be paid to the treasurer of state and
19deposited in the general fund of the state licensing and
20regulation fund created in section 10A.507.
21 Sec. 1727. Section 544B.3, subsection 1, Code 2023, is
22amended to read as follows:
231. A landscape architectural examining board is created
24within the professional licensing and regulation bureau of the
25banking division of the department of commerce inspections,
26appeals, and licensing. The board consists of five members
27who are professional landscape architects and two members
28who are not professional landscape architects and who shall
29represent the general public. Members shall be appointed by
30the governor, subject to confirmation by the senate. Four of
31the five professional members shall be actively engaged in the
32practice of landscape architecture or the teaching of landscape
33architecture in an accredited college or university, and shall
34have been so engaged for five years preceding appointment,
35the last two of which shall have been in Iowa. One of the
-1049-1five professional members shall be actively engaged in the
2practice of landscape architecture or the teaching of landscape
3architecture in an accredited college or university, and may
4have been so engaged for fewer than five years preceding
5appointment but at least one year preceding appointment.
6Associations or societies composed of professional landscape
7architects may recommend the names of potential board members
8to the governor. However, the governor is not bound by the
9recommendations. A board member shall not be required to be a
10member of any professional association or society composed of
11professional landscape architects.
12 Sec. 1728. Section 544B.5, Code 2023, is amended to read as
13follows:
14544B.5 Duties.
15The board shall enforce this chapter and shall make rules
16for the examination of applicants for licensure. The board
17shall keep a record of its proceedings. The board shall adopt
18an official seal which shall be affixed to all certificates
19of licensure granted. The board may make other rules, not
20inconsistent with law, as necessary for the proper performance
21of its duties. The board shall maintain a roster showing
22the name, place of business, and residence, and the date and
23number of the certificate of licensure of every professional
24landscape architect in this state. The administrator of the
25professional licensing and regulation bureau of the banking
26division director of the department of commerce inspections,
27appeals, and licensing shall hire and provide staff to assist
28the board in implementing this chapter.
29 Sec. 1729. Section 544B.14, subsection 2, Code 2023, is
30amended to read as follows:
312. All fees shall be collected by the secretary, paid to
32the treasurer of state and deposited in the general fund of the
33state licensing and regulation fund created in section 10A.507.
34 Sec. 1730. Section 544C.1, subsection 2, Code 2023, is
35amended by striking the subsection and inserting in lieu
-1050-1thereof the following:
22. “Department” means the department of inspections,
3appeals, and licensing.
4 Sec. 1731. Section 544C.2, subsection 1, Code 2023, is
5amended to read as follows:
61. An interior design examining board is established
7within the bureau department. The board consists of seven
8members: five members who are interior designers who are
9registered under this chapter and who have been in the active
10practice of interior design for not less than five years, the
11last two of which shall have been in Iowa; and two members who
12are not registered under this chapter and who shall represent
13the general public. Members shall be appointed by the governor
14subject to confirmation by the senate.
15 Sec. 1732. Section 544C.3, subsection 1, paragraph e, Code
162023, is amended to read as follows:
17e. Establishing fees for registration as a registered
18interior designer, renewal of registration, reinstatement of
19registration, and for other activities of the board pertaining
20to its duties. The fees shall be sufficient to defray the
21costs of administering this chapter, and shall be deposited in
22the general fund of the state licensing and regulation fund
23created in section 10A.507.
24 Sec. 1733. Section 544C.3, subsection 2, Code 2023, is
25amended to read as follows:
262. The administrator director of the bureau department
27 shall provide staff to assist the board in the implementation
28of this chapter.
29 Sec. 1734. Section 544C.5, unnumbered paragraph 1, Code
302023, is amended to read as follows:
31Each applicant for registration must meet the interior
32design education and practical training requirements adopted by
33rule by the board, and have passed an examination prescribed
34by the board that is task-oriented, focused on public
35safety, and validated by a recognized testing agency. The
-1051-1bureau department shall register an individual who submits
2an application to the board on the form and in the manner
3prescribed by the board as a registered interior designer if
4the individual satisfies the following requirements:
5 Sec. 1735. Section 546.3, subsection 2, Code 2023, is
6amended by striking the subsection.
7 Sec. 1736. Section 546.10, Code 2023, is amended to read as
8follows:
9546.10 Professional licensing Licensing and regulation bureau
10— superintendent of banking of business and commerce-related
11professions.
121. a. The professional licensing and regulation bureau of
13the banking division department shall administer and coordinate
14the licensing and regulation of several professions by bringing
15together the following licensing boards:
16a. (1) The engineering and land surveying examining board
17created pursuant to chapter 542B.
18b. (2) The Iowa accountancy examining board created
19pursuant to chapter 542.
20c. (3) The real estate commission created pursuant to
21chapter 543B.
22(4) The real estate appraiser examining board created
23pursuant to chapter 543D.
24d. (5) The architectural examining board created pursuant
25to chapter 544A.
26e. (6) The landscape architectural examining board created
27pursuant to chapter 544B.
28f. (7) The interior design examining board created pursuant
29to chapter 544C.
30b. The director shall administer chapter 543E.
312. The bureau is headed by the administrator of professional
32licensing and regulation who shall be the superintendent
33of banking. The administrator director shall appoint and
34supervise staff and shall coordinate activities for the
35licensing boards within the bureau department pursuant to
-1052-1subsection 1 and for the administration of chapter 543E.
23. a. The licensing and regulation examining boards
3included in the bureau pursuant to subsection 1 retain the
4powers granted them pursuant to the chapters in which they
5are created, except for budgetary and personnel matters which
6shall be handled by the administrator director. Each licensing
7board shall adopt rules pursuant to chapter 17A. Decisions by
8a licensing board are final agency actions for purposes of
9chapter 17A.
10b. Notwithstanding subsection 5, eighty-five percent of the
11funds received annually resulting from an increase in licensing
12fees implemented on or after April 1, 2002, by a licensing
13board or commission listed in subsection 1, is appropriated
14to the professional licensing and regulation bureau to be
15allocated to the board or commission for the fiscal year
16beginning July 1, 2002, and succeeding fiscal years, for
17purposes related to the duties of the board or commission,
18including but not limited to additional full-time equivalent
19positions. In addition, notwithstanding subsection 5,
20twenty-five dollars from each real estate salesperson’s license
21fee and each broker’s license fee received pursuant to section
22543B.14 is appropriated to the professional licensing and
23regulation bureau for the purpose of hiring and compensating
24a real estate education director and regulatory compliance
25personnel. The director of the department of administrative
26services shall draw warrants upon the treasurer of state from
27the funds appropriated as provided in this section and shall
28make the funds available to the professional licensing and
29regulation bureau on a monthly basis during each fiscal year.
304. The professional licensing and regulation bureau of
31the banking division of the department of commerce may expend
32additional funds, including funds for additional personnel, if
33those additional expenditures are directly the cause of actual
34examination expenses exceeding funds budgeted for examinations.
35Before the bureau department expends or encumbers an amount in
-1053-1excess of the funds budgeted for examinations, the director of
2the department of management shall approve the expenditure or
3encumbrance. Before approval is given, the director of the
4department of management shall determine that the examination
5expenses exceed the funds budgeted by the general assembly to
6the bureau department and the bureau department does not have
7other funds from which the expenses can be paid. Upon approval
8of the director of the department of management, the bureau
9 department may expend and encumber funds for excess examination
10expenses. The amounts necessary to fund the examination
11expenses shall be collected as fees from additional examination
12applicants and shall be treated as repayment receipts as
13defined in section 8.2, subsection 8.
145. Fees collected under chapters 542, 542B, 543B, 544A,
15544B, and 544C shall be paid to the treasurer of state and
16credited to the general fund of the state. All expenses
17required in the discharge of the duties and responsibilities
18imposed upon the professional licensing and regulation bureau
19of the banking division of the department of commerce, the
20administrator director, and the licensing boards by the laws
21of this state shall be paid from moneys appropriated by the
22general assembly for those purposes. All fees deposited into
23the general fund of the state, as provided in this subsection,
24shall be subject to the requirements of section 8.60.
256. The licensing boards included in the bureau department
26 pursuant to subsection 1 may refuse to issue or renew a license
27to practice a profession to any person otherwise qualified
28upon any of the grounds for which a license may be revoked
29or suspended or a licensee may otherwise be disciplined, or
30upon any other grounds set out in the chapter governing the
31respective board.
327. The licensing boards included in the bureau department
33 pursuant to subsection 1 may suspend, revoke, or refuse to
34issue or renew a license, or may discipline a licensee based
35upon a suspension, revocation, or other disciplinary action
-1054-1taken by a licensing authority in this or another state,
2territory, or country. For purposes of this subsection,
3“disciplinary action” includes the voluntary surrender of
4a license to resolve a pending disciplinary investigation
5or proceeding. A certified copy of the record or order
6of suspension, revocation, voluntary surrender, or other
7disciplinary action is prima facie evidence of such fact.
88. Notwithstanding any other provision of law to the
9contrary, the licensing boards included within the bureau
10 department pursuant to subsection 1 may by rule establish the
11conditions under which an individual licensed in a different
12jurisdiction may be issued a reciprocal or comity license, if,
13in the board’s discretion, the applicant’s qualifications for
14licensure are substantially equivalent to those required of
15applicants for initial licensure in this state.
169. Notwithstanding section 272C.6, the licensing boards
17included within the bureau department pursuant to subsection
181 may by rule establish the conditions under which the board
19may supply to a licensee who is the subject of a disciplinary
20complaint or investigation, prior to the initiation of a
21disciplinary proceeding, all or such parts of a disciplinary
22complaint, disciplinary or investigatory file, report, or other
23information, as the board in its sole discretion believes would
24aid the investigation or resolution of the matter.
2510. Notwithstanding section 17A.6, subsection 2, the
26licensing boards included within the bureau department pursuant
27to subsection 1 may adopt standards by reference to another
28publication without providing a copy of the publication to the
29administrative code editor if the publication containing the
30standards is readily accessible on the internet at no cost and
31the internet site at which the publication may be found is
32included in the administrative rules that adopt the standard.
3311. Renewal periods for all licenses and certificates of the
34licensing boards included within the bureau department pursuant
35to subsection 1 may be annual or multiyear, as provided by
-1055-1rule.
212. A quorum of a licensing board included within the
3bureau department pursuant to subsection 1 shall be a majority
4of the members of the board and action may be taken upon a
5majority vote of board members present at a meeting who are not
6disqualified.
7 Sec. 1737. Section 710A.7, Code 2023, is amended to read as
8follows:
9710A.7 Peace officer referral.
10If during the course of an investigation or prosecution
11under this chapter a peace officer has reason to believe that
12a person who purports to be licensed pursuant to chapter 152C
13or 157 does not possess a valid license or is in violation of
14any other state or federal laws, the peace officer may report
15such noncompliance to the appropriate licensing board under
16the professional licensure division within the department of
17public health inspections, appeals, and licensing, and to the
18appropriate state or federal authorities.
19 Sec. 1738. Section 727.2, subsection 2, paragraph b,
20subparagraph (2), Code 2023, is amended to read as follows:
21(2) A person who uses or explodes display fireworks while
22the use of such devices is suspended by an order of the state
23fire marshal director of the department of inspections,
24appeals, and licensing pursuant to section 10A.511, subsection
256, commits a simple misdemeanor, punishable by a fine of not
26less than two hundred fifty dollars.
27 Sec. 1739. Section 727.2, subsection 3, paragraph c,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) A person who uses or explodes consumer fireworks or
30novelties while the use of such devices is suspended by an
31order of the state fire marshal director of the department
32of inspections, appeals, and licensing pursuant to section
3310A.511, subsection 6, commits a simple misdemeanor, punishable
34by a fine of not less than two hundred fifty dollars.
35 Sec. 1740. Section 904.318, subsection 2, Code 2023, is
-1056-1amended to read as follows:
22. The state fire marshal director of the department
3of inspections, appeals, and licensing or the director’s
4designee shall cause an annual inspection to be made of all the
5institutions listed in section 904.102 and shall make a written
6report of the inspection to the director.
7 Sec. 1741. REPEAL. Sections 100D.8 and 100D.9, Code 2023,
8are repealed.
9 Sec. 1742. CODE EDITOR DIRECTIVE.
101. The Code editor is directed to make the following
11transfers:
12a. Section 100.11 to section 10A.513.
13b. Section 100.12 to section 10A.514.
14c. Section 100.13 to section 10A.515.
15d. Section 100.14 to section 10A.516.
16e. Section 100.16 to section 10A.517.
17f. Section 100.18 to section 10A.518.
18g. Section 100.19 to section 10A.519.
19h. Section 100.19A to section 10A.520.
20i. Section 100.26 to section 10A.521.
21j. Section 100.31 to section 10A.522.
22k. Section 100.35 to section 10A.523.
23l. Section 100.38 to section 10A.525.
24m. Section 100.39 to section 10A.524.
25n. Section 135.11A to section 10A.503.
26o. Section 135.11B to section 10A.504.
27p. Section 135.31 to section 10A.505.
28q. Section 135.37 to section 10A.531.
29r. Section 135.37A to section 10A.532.
30s. Section 135.105A to section 10A.902.
31t. Section 135.105C to section 10A.903.
32u. Section 546.10 to section 10A.506.
332. The Code editor is directed to rename article V of
34chapter 10A as subchapter V and designate parts as follows:
35a. Subchapter V shall be entitled “Licensing and
-1057-1Regulation” and include sections 10A.501 through 10A.534.
2b. Subchapter V, part 1, shall be entitled “General
3Provisions” and include sections 10A.501 through 10A.510.
4c. Subchapter V, part 2, shall be entitled “Fire Control”
5and include sections 10A.511 through 10A.530.
6d. Subchapter V, part 3, shall be entitled “Tattooing and
7Hair Braiding” and include sections 10A.531 through 10A.534.
83. The Code editor is directed to create new subchapter
9IX within chapter 10A which shall be entitled “Lead Abatement
10Program” and include sections 10A.902 and 10A.903.
114. The Code editor may modify subchapter and part titles if
12necessary and is directed to correct internal references in the
13Code as necessary due to enactment of this section.
14 Sec. 1743. TRANSITION PROVISION. All fees collected under
15chapters 543D and 543E and deposited into the department of
16commerce revolving fund created in section 546.12, Code 2023,
17as of the effective date of this division of this Act, shall be
18transferred for deposit in the licensing and regulation fund as
19created in this division of this Act.
20administrative law judges
21 Sec. 1744. Section 8A.415, subsection 1, paragraph b, Code
222023, is amended to read as follows:
23b. If not satisfied, the employee may, within thirty
24calendar days following the director’s response, file an
25appeal with the public employment relations board. The
26hearing shall be conducted in accordance with the rules of the
27public employment relations board and the Iowa administrative
28procedure Act, chapter 17A. Decisions rendered shall be based
29upon a standard of substantial compliance with this subchapter
30and the rules of the department. Decisions by the public
31employment relations board constitute final agency action.
32However, if the employee is an administrative law judge
33appointed or employed by the public employment relations board,
34the employee’s appeal shall be heard by an administrative law
35judge employed by the administrative hearings division of the
-1058-1department of inspections and appeals in accordance with the
2provisions of section 10A.801, whose decision shall constitute
3final agency action.
4 Sec. 1745. Section 8A.415, subsection 2, paragraph b, Code
52023, is amended to read as follows:
6b. If not satisfied, the employee may, within thirty
7calendar days following the director’s response, file an appeal
8with the public employment relations board. The employee has
9the right to a hearing closed to the public, unless a public
10hearing is requested by the employee. The hearing shall
11otherwise be conducted in accordance with the rules of the
12public employment relations board and the Iowa administrative
13procedure Act, chapter 17A. If the public employment relations
14board finds that the action taken by the appointing authority
15was for political, religious, racial, national origin, sex,
16age, or other reasons not constituting just cause, the employee
17may be reinstated without loss of pay or benefits for the
18elapsed period, or the public employment relations board may
19provide other appropriate remedies. Decisions by the public
20employment relations board constitute final agency action.
21However, if the employee is an administrative law judge
22appointed or employed by the public employment relations board,
23the employee’s appeal shall be heard by an administrative law
24judge employed by the administrative hearings division of the
25department of inspections and appeals in accordance with the
26provisions of section 10A.801, whose decision shall constitute
27final agency action.
28 Sec. 1746. Section 96.6, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. Appeals from the initial determination shall be heard by
31an administrative law judge employed by the department division
32of administrative hearings created by section 10A.801. An
33administrative law judge’s decision may be appealed by any
34party to the employment appeal board created in section 10A.601
35or directly to the district court.
-1059-1 Sec. 1747. Section 216.15, subsection 3, paragraph a, Code
22023, is amended to read as follows:
3a. After the filing of a verified complaint, a true copy
4shall be served within twenty days on the person against whom
5the complaint is filed, except as provided in subsection 4.
6An authorized member of the commission staff shall make a
7prompt investigation and shall issue a recommendation to an
8administrative law judge employed either by the commission or
9 by the division of administrative hearings created by section
1010A.801, who shall then issue a determination of probable cause
11or no probable cause.
12 Sec. 1748. Section 256.7, subsection 6, Code 2023, is
13amended to read as follows:
146. Hear appeals of persons aggrieved by decisions of boards
15of directors of school corporations under chapter 290 and
16other appeals prescribed by law. The state board may review
17the record and shall review the decision of the director of
18the department of education or the administrative law judge
19employed by the division of administrative hearings created
20by section 10A.801 and designated for any appeals heard and
21decided by the director under chapter 290, and may affirm,
22modify, or vacate the decision, or may direct a rehearing
23before the director.
24 Sec. 1749. Section 256B.6, subsection 4, Code 2023, is
25amended to read as follows:
264. Notwithstanding section 17A.11, the state board
27of education shall adopt rules for the appointment of an
28impartial administrative law judge employed by the division
29of administrative hearings created by section 10A.801 for
30special education appeals. The rules shall comply with federal
31statutes and regulations.
32 Sec. 1750. Section 272.14, Code 2023, is amended to read as
33follows:
34272.14 Appointment of administrative law judges.
35The board shall maintain a list of qualified persons
-1060- 1employed by the division of administrative hearings created
2by section 10A.801 and who are experienced in the educational
3system of this state to serve as administrative law judges when
4a hearing is requested under section 279.24. When requested
5under section 279.24, the board shall submit a list of five
6qualified administrative law judges from the list maintained
7by the board to the parties. The parties shall select one of
8the five qualified persons to conduct the hearing as provided
9in section 279.24. The hearing shall be held pursuant to
10the provisions of chapter 17A relating to contested cases.
11The full costs of the hearing shall be shared equally by the
12parties.
13 Sec. 1751. Section 279.24, subsection 5, paragraph c, Code
142023, is amended to read as follows:
15c. Within five days after receipt of the written notice
16that the school board has voted to consider termination of
17the contract, the administrator may request a private hearing
18in writing to the secretary of the school board. The board
19shall then forward the notification to the board of educational
20examiners along with a request that the board of educational
21examiners submit a list of five qualified administrative law
22judges who are employed by the division of administrative
23hearings created by section 10A.801 to the parties. Within
24three days from receipt of the list the parties shall select an
25administrative law judge by alternately removing a name from
26the list until only one name remains. The person whose name
27remains shall be the administrative law judge. The parties
28shall determine by lot which party shall remove the first name
29from the list. The private hearing shall be held no sooner
30than twenty days and not later than forty days following the
31administrator’s request unless the parties otherwise agree.
32If the administrator does not request a private hearing,
33the school board, not later than May 31, may determine the
34continuance or discontinuance of the contract and, if the
35board determines to continue the administrator’s contract,
-1061-1whether to suspend the administrator with or without pay for a
2period specified by the board. School board action shall be by
3majority roll call vote entered on the minutes of the meeting.
4Notice of school board action shall be personally delivered or
5mailed to the administrator.
6civil rights commission
7 Sec. 1752. Section 216.3, subsection 1, Code 2023, is
8amended to read as follows:
91. The Iowa state civil rights commission shall consist
10 is created within the department of inspections, appeals, and
11licensing consisting of seven members appointed by the governor
12subject to confirmation by the senate. Appointments shall be
13made to provide geographical area representation insofar as
14practicable. No more than four members of the commission shall
15belong to the same political party. Members appointed to the
16commission shall serve for four-year staggered terms beginning
17and ending as provided by section 69.19.
18conforming changes
19 Sec. 1753. Section 8A.412, subsection 19, Code 2023, is
20amended to read as follows:
2119. The superintendent of the banking division of the
22department of commerce, all members of the state banking
23council, and all employees of the banking division except for
24employees of the professional licensing and regulation bureau
25of the division.
26 Sec. 1754. Section 8A.457, Code 2023, is amended to read as
27follows:
288A.457 Workers’ compensation claims.
29The director shall employ appropriate staff to handle and
30adjust claims of state employees for workers’ compensation
31benefits pursuant to chapter 10A, subchapter III, and
32 chapters 85, 85A, and 85B, and 86, or with the approval of
33the executive council contract for the services or purchase
34workers’ compensation insurance coverage for state employees or
35selected groups of state employees. A state employee workers’
-1062-1compensation fund is created in the state treasury under the
2control of the department to pay state employee workers’
3compensation claims and administrative costs. The department
4shall establish a rating formula and assess premiums to all
5agencies, departments, and divisions of the state including
6those which have not received an appropriation for the payment
7of workers’ compensation insurance and which operate from
8moneys other than from the general fund of the state. The
9department shall collect the premiums and deposit them into the
10state employee workers’ compensation fund. Notwithstanding
11section 8.33, moneys deposited in the state employee workers’
12compensation fund shall not revert to the general fund of the
13state at the end of any fiscal year, but shall remain in the
14state employee workers’ compensation fund and be continuously
15available to pay state employee workers’ compensation claims.
16The director may, to the extent practicable, contract with
17a private organization to handle the processing and payment
18of claims and services rendered under the provisions of this
19section.
20 Sec. 1755. Section 8A.504, subsection 3, Code 2023, is
21amended to read as follows:
223. In the case of multiple claims to payments filed under
23this section, priority shall be given to claims filed by
24the child support recovery unit or the foster care recovery
25unit, next priority shall be given to claims filed by the
26clerk of the district court, next priority shall be given
27to claims filed by the college student aid commission, next
28priority shall be given to claims filed by the investigations
29division of the department of inspections, and appeals, and
30licensing relating to investigations by the department, and
31last priority shall be given to claims filed by other public
32agencies. In the case of multiple claims in which the priority
33is not otherwise provided by this subsection, priority shall be
34determined in accordance with rules to be established by the
35director.
-1063-1 Sec. 1756. Section 8A.512, subsection 1, paragraph b,
2subparagraph (1), Code 2023, is amended to read as follows:
3(1) Claims by state employees for benefits pursuant to
4chapter 10A, subchapter III, and chapters 85, 85A, and 85B, and
586 are subject to limitations provided in those chapters.
6 Sec. 1757. Section 13B.1, subsection 3, Code 2023, is
7amended to read as follows:
83. “Department” means the department of inspections, and
9 appeals, and licensing.
10 Sec. 1758. Section 13B.2, Code 2023, is amended to read as
11follows:
1213B.2 Position established.
13The position of state public defender is established within
14the department of inspections, and appeals, and licensing. The
15governor shall appoint the state public defender, who shall
16serve at the pleasure of the governor, subject to confirmation
17by the senate, no less frequently than once every four years,
18whether or not there has been a new state public defender
19appointed during that time, and shall establish the state
20public defender’s salary.
21 Sec. 1759. Section 13B.6, subsection 2, Code 2023, is
22amended to read as follows:
232. The department of inspections, and appeals, and
24licensing shall provide internal accounting and related fiscal
25services for the state public defender.
26 Sec. 1760. Section 15.108, subsection 7, paragraph f, Code
272023, is amended to read as follows:
28f. To the extent feasible, cooperate with the department of
29workforce development and the division of workers’ compensation
30of the department of inspections, appeals, and licensing to
31establish a program to educate existing employers and new or
32potential employers on the rates and workings of the state
33unemployment compensation program and the state workers’
34compensation program.
35 Sec. 1761. Section 15E.208, subsection 4, paragraph b, Code
-1064-12023, is amended to read as follows:
2b. An agricultural products processor, if the processor or
3a person owning a controlling interest in the processor has
4demonstrated, within the most recent consecutive three-year
5period prior to the application for financing, a continuous and
6flagrant disregard for the health and safety of its employees
7or the quality of the environment. Violations of environmental
8protection statutes, rules, or regulations shall be reported
9for the most recent five-year period prior to application.
10Evidence of such disregard shall include a history of serious
11or uncorrected violations of state or federal law protecting
12occupational health and safety or the environment, including
13but not limited to serious or uncorrected violations of
14occupational safety and health standards enforced by the
15division of labor services of the department of workforce
16development inspections, appeals, and licensing pursuant to
17chapter 84A 10A, or rules enforced by the department of natural
18resources pursuant to chapter 455B or 459, subchapters II and
19III.
20 Sec. 1762. Section 17A.11, subsection 1, paragraph c, Code
212023, is amended to read as follows:
22c. For purposes of paragraph “a”, the division of
23administrative hearings established in section 10A.801 shall
24be treated as a wholly separate agency from the department of
25inspections, and appeals, and licensing.
26 Sec. 1763. Section 35D.15, subsection 2, paragraph c,
27subparagraph (2), subparagraph divisions (c), (d), and (e),
28Code 2023, are amended to read as follows:
29(c) If the member is not satisfied with the decision of the
30commission, the member may appeal the commission’s decision
31by filing an appeal with the department of inspections, and
32 appeals, and licensing within five calendar days of being
33notified in writing of the commission’s decision.
34(d) The department of inspections, and appeals, and
35licensing shall render a decision on the appeal of the
-1065-1commission’s decision and notify the member of the decision,
2in writing, within fifteen calendar days of the filing of the
3appeal with the department.
4(e) The maximum time period that shall elapse between
5receipt by the member of the discharge notice and actual
6discharge shall not exceed fifty-five days, which includes the
7thirty-day discharge notice period and any time during which
8any appeals to the commission or the department of inspections,
9 and appeals, and licensing are pending.
10 Sec. 1764. Section 35D.15, subsection 2, paragraph c,
11subparagraph (3), Code 2023, is amended to read as follows:
12(3) If a member is not satisfied with the decision of the
13department of inspections, and appeals, and licensing, the
14member may seek judicial review in accordance with chapter 17A.
15A member’s discharge under this subsection shall be stayed
16while judicial review is pending.
17 Sec. 1765. Section 35D.15, subsection 2, paragraph f, Code
182023, is amended to read as follows:
19f. Any involuntary discharge by the commandant under
20this subsection shall comply with the rules adopted by the
21commission under this subsection and by the department of
22inspections, and appeals, and licensing pursuant to section
23135C.14, subsection 8, paragraph “f”.
24 Sec. 1766. Section 53.8, subsection 3, paragraph a, Code
252023, is amended to read as follows:
26a. When an application for an absentee ballot is received
27by the commissioner of any county from a registered voter who
28is a patient in a hospital in that county, a tenant of an
29assisted living program in that county as shown by the list
30of certifications provided the commissioner under section
31231C.21, or a resident of any facility in that county shown to
32be a health care facility by the list of licenses provided the
33commissioner under section 135C.29, the absentee ballot shall
34be delivered to the voter and returned to the commissioner in
35the manner prescribed by section 53.22. For purposes of this
-1066-1paragraph, “assisted living program” means a program certified
2pursuant to section 231C.3 that meets the standards for a
3dementia-specific assisted living program, as established
4by rule by the department of inspections, and appeals, and
5licensing.
6 Sec. 1767. Section 53.22, subsection 1, Code 2023, is
7amended to read as follows:
81. For purposes of this section, “assisted living program”
9means a program certified pursuant to section 231C.3 that meets
10the standards for a dementia-specific assisted living program,
11as established by rule by the department of inspections, and
12 appeals, and licensing.
13 Sec. 1768. Section 68B.2, subsection 23, Code 2023, is
14amended to read as follows:
1523. “Regulatory agency” means the department of agriculture
16and land stewardship, department of workforce development,
17department of commerce, Iowa department of public health,
18department of public safety, department of education, state
19board of regents, department of human services, department of
20revenue, department of inspections, and appeals, and licensing,
21 department of administrative services, public employment
22relations board, state department of transportation, civil
23rights commission, department of public defense, department of
24homeland security and emergency management, Iowa ethics and
25campaign disclosure board, and department of natural resources.
26 Sec. 1769. Section 73.16, subsection 2, paragraph c,
27subparagraph (1), Code 2023, is amended to read as follows:
28(1) The director of each department and agency of state
29government shall cooperate with the director of the department
30of inspections, and appeals, and licensing, the director of
31the economic development authority, and the director of the
32department of management and do all acts necessary to carry out
33the provisions of this subchapter.
34 Sec. 1770. Section 80.15, subsection 2, Code 2023, is
35amended to read as follows:
-1067- 12. During the period of twelve months after appointment, a
2peace officer of the department is subject to dismissal at the
3will of the commissioner. After the twelve months’ service,
4a peace officer of the department, who was appointed after
5having passed the examinations, is not subject to dismissal,
6suspension, disciplinary demotion, or other disciplinary action
7resulting in the loss of pay unless charges have been filed
8with the department of inspections, and appeals, and licensing
9 and a hearing held by the employment appeal board created by
10section 10A.601, if requested by the peace officer, at which
11the peace officer has an opportunity to present a defense
12to the charges. The decision of the appeal board is final,
13subject to the right of judicial review in accordance with
14the terms of the Iowa administrative procedure Act, chapter
1517A. However, these procedures as to dismissal, suspension,
16demotion, or other discipline do not apply to a peace officer
17who is covered by a collective bargaining agreement which
18provides otherwise, and do not apply to the demotion of a
19division head to the rank which the division head held at the
20time of appointment as division head, if any. A division head
21who is demoted has the right to return to the rank which the
22division head held at the time of appointment as division head,
23if any.
24 Sec. 1771. Section 84A.5, subsection 6, Code 2023, is
25amended to read as follows:
266. The director of the department of workforce development
27shall form a coordinating committee composed of the director
28of the department of workforce development, the labor
29commissioner, the workers’ compensation commissioner, and
30other administrators. The committee shall monitor federal
31compliance issues relating to coordination of functions among
32the divisions within the department.
33 Sec. 1772. Section 85.3, subsection 2, Code 2023, is amended
34to read as follows:
352. Any employer who is a nonresident of this state, for whom
-1068-1services are performed within this state by any employee, is
2deemed to be doing business in this state by virtue of having
3such services performed and the employer and employee shall
4be subject to the jurisdiction of the workers’ compensation
5commissioner and to all of the provisions of chapter 10A,
6subchapter III, this chapter, and chapters 85A, 85B, 86, and
787, as to any and all personal injuries sustained by the
8employee arising out of and in the course of such employment
9within this state. In addition, every corporation, individual,
10personal representative, partnership, or association that has
11the necessary minimum contact with this state shall be subject
12to the jurisdiction of the workers’ compensation commissioner,
13and the workers’ compensation commissioner shall hold such
14corporation, individual, personal representative, partnership,
15or association amenable to suit in this state in every case not
16contrary to the provisions of the Constitution of the United
17States.
18 Sec. 1773. Section 85.3, subsection 3, paragraph b, Code
192023, is amended to read as follows:
20b. In addition to those persons authorized to receive
21personal service as in civil actions as permitted by chapter
2217A and this chapter, such employer shall be deemed to have
23appointed the secretary of state of this state as its lawful
24attorney upon whom may be served or delivered any and all
25notices authorized or required by the provisions of chapter
2610A, subchapter III, this chapter, and chapters 85A, 85B, 86,
27 87, and 17A, and to agree that any and all such services or
28deliveries of notice on the secretary of state shall be of the
29same legal force and validity as if personally served upon or
30delivered to such nonresident employer in this state.
31 Sec. 1774. Section 85.26, subsections 1 and 2, Code 2023,
32are amended to read as follows:
331. An original proceeding for benefits under chapter
3410A, subchapter III, this chapter, or chapter 85A, or 85B,
35or 86, shall not be maintained in any contested case unless
-1069-1the proceeding is commenced within two years from the date of
2the occurrence of the injury for which benefits are claimed
3or, if weekly compensation benefits are paid under section
486.13, within three years from the date of the last payment
5of weekly compensation benefits. For the purposes of this
6section, “date of the occurrence of the injury” means the date
7that the employee knew or should have known that the injury was
8work-related.
92. An award for payments or an agreement for settlement
10provided by section 86.13 for benefits under this chapter or
11chapter 85A or 85B, where the amount has not been commuted,
12may be reviewed upon commencement of reopening proceedings
13by the employer or the employee within three years from the
14date of the last payment of weekly benefits made under the
15award or agreement. If an award for payments or agreement for
16settlement as provided by section 86.13 for benefits under this
17chapter or chapter 85A or 85B has been made and the amount
18has not been commuted, or if a denial of liability is not
19filed with the workers’ compensation commissioner and notice
20of the denial is not mailed to the employee, in the form and
21manner required by the commissioner, within six months of the
22commencement of weekly compensation benefits, the commissioner
23may at any time upon proper application make a determination
24and appropriate order concerning the entitlement of an employee
25to benefits provided for in section 85.27. The failure to
26file a denial of liability does not constitute an admission of
27liability under chapter 10A, subchapter III, this chapter, or
28chapter 85A, or 85B, or 86.
29 Sec. 1775. Section 85.31, subsection 5, Code 2023, is
30amended to read as follows:
315. Except as otherwise provided by treaty, whenever, under
32the provisions of chapter 10A, subchapter III, this chapter,
33 and chapters 86 and chapter 87, compensation is payable to a
34dependent who is an alien not residing in the United States at
35the time of the injury, the employer shall pay fifty percent of
-1070-1the compensation herein otherwise provided to such dependent,
2and the other fifty percent shall be paid into the second
3injury fund in the custody of the treasurer of state. But if
4the nonresident alien dependent is a citizen of a government
5having a compensation law which excludes citizens of the United
6States, either resident or nonresident, from partaking of the
7benefits of such law in as favorable degree as herein extended
8to the nonresident alien, then the compensation which would
9otherwise be payable to the dependent shall be paid into the
10second injury fund in the custody of the treasurer of state.
11 Sec. 1776. Section 85.34, subsections 4, 5, and 7, Code
122023, are amended to read as follows:
134. Credits for excess payments. If an employee is paid
14weekly compensation benefits for temporary total disability
15under section 85.33, subsection 1, for a healing period
16under section 85.34, subsection 1, or for temporary partial
17disability under section 85.33, subsection 2, in excess of that
18required by chapter 10A, subchapter III, this chapter, and
19chapters 85A, and 85B, and 86, the excess paid by the employer
20shall be credited against the liability of the employer for
21any future weekly benefits due for an injury to that employee,
22provided that the employer or the employer’s representative has
23acted in good faith in determining and notifying an employee
24when the temporary total disability, healing period, or
25temporary partial disability benefits are terminated.
265. Recovery of employee overpayment. If an employee is paid
27any weekly benefits in excess of that required by chapter 10A,
28subchapter III, this chapter, and chapters 85A, and 85B, and
2986, the excess paid by the employer shall be credited against
30the liability of the employer for any future weekly benefits
31due pursuant to subsection 2, for any current or subsequent
32injury to the same employee.
337. Successive disabilities. An employer is liable for
34compensating only that portion of an employee’s disability that
35arises out of and in the course of the employee’s employment
-1071-1with the employer and that relates to the injury that serves
2as the basis for the employee’s claim for compensation under
3chapter 10A, subchapter III, this chapter, or chapter 85A, or
4 85B, or 86. An employer is not liable for compensating an
5employee’s preexisting disability that arose out of and in the
6course of employment from a prior injury with the employer,
7to the extent that the employee’s preexisting disability has
8already been compensated under chapter 10A, subchapter III,
9 this chapter, or chapter 85A, or 85B, or 86. An employer is not
10liable for compensating an employee’s preexisting disability
11that arose out of and in the course of employment with a
12different employer or from causes unrelated to employment.
13 Sec. 1777. Section 85.35, subsections 1 and 10, Code 2023,
14are amended to read as follows:
151. The parties to a contested case or persons who are
16involved in a dispute which could culminate in a contested case
17may enter into a settlement of any claim arising under chapter
1810A, subchapter III, this chapter, or chapter 85A, or 85B, or
1986, providing for disposition of the claim. The settlement
20shall be in writing on forms prescribed by the workers’
21compensation commissioner and submitted to the workers’
22compensation commissioner for approval.
2310. Approval of a settlement by the workers’ compensation
24commissioner is binding on the parties and shall not be
25construed as an original proceeding. Notwithstanding any
26provisions of chapter 10A, subchapter III, this chapter,
27 and chapters 85A, 85B, 86, and 87, an approved compromise
28settlement shall constitute a final bar to any further rights
29arising under chapter 10A, subchapter III, this chapter, and
30chapters 85A, 85B, 86, and 87 regarding the subject matter of
31the compromise and a payment made pursuant to a compromise
32settlement agreement shall not be construed as the payment of
33weekly compensation.
34 Sec. 1778. Section 85.55, subsection 2, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1072- 1For purposes of chapter 10A, subchapter III, this chapter,
2 and chapters 86 and chapter 87, a franchisor shall not be
3considered to be an employer of a franchisee or of an employee
4of a franchisee unless any of the following conditions apply:
5 Sec. 1779. Section 85.59, subsection 7, Code 2023, is
6amended to read as follows:
77. Responsibility for the filings required by chapter
886 chapter 10A, subchapter III, for injuries resulting in
9permanent disability or death and as modified by this section
10shall be made in the same manner as for other employees of the
11institution.
12 Sec. 1780. Section 85.60, Code 2023, is amended to read as
13follows:
1485.60 Injuries while in work-based learning opportunity,
15employment training, or evaluation.
16A person participating in a work-based learning opportunity
17referred to in section 85.61, or receiving earnings while
18engaged in employment training or while undergoing an
19employment evaluation under the direction of a rehabilitation
20facility approved for purchase-of-service contracts or for
21referrals by the department of human services or the department
22of education, who sustains an injury arising out of and in the
23course of the work-based learning opportunity participation,
24employment training, or employment evaluation is entitled
25to benefits as provided in chapter 10A, subchapter III,
26 this chapter, chapter 85A, and chapter 85B, and chapter 86.
27Notwithstanding the minimum benefit provisions of this chapter,
28a person referred to in this section and entitled to benefits
29under this chapter is entitled to receive a minimum weekly
30benefit amount for a permanent partial disability under section
3185.34, subsection 2, or for a permanent total disability under
32section 85.34, subsection 3, equal to the weekly benefit amount
33of a person whose gross weekly earnings are thirty-five percent
34of the statewide average weekly wage computed pursuant to
35section 96.3 and in effect at the time of the injury.
-1073-1 Sec. 1781. Section 85.61, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3In chapter 10A, subchapter III, this chapter, and chapters
486 and chapter 87, unless the context otherwise requires, the
5following definitions of terms shall prevail:
6 Sec. 1782. Section 85.61, subsection 12, paragraph b, Code
72023, is amended to read as follows:
8b. The term “worker” or “employee” shall include the
9singular and plural. Any reference to a worker or employee
10who has been injured shall, when such worker or employee
11is dead, include the worker’s or employee’s dependents as
12defined in this chapter or the worker’s or employee’s legal
13representatives; and where the worker or employee is a minor
14or incompetent, it shall include the minor’s or incompetent
15person’s guardian, next friend, or trustee. Notwithstanding
16any law prohibiting the employment of minors, all minor
17employees shall be entitled to the benefits of chapter 10A,
18subchapter III, this chapter, and chapters 86 and chapter 87
19regardless of the age of such minor employee.
20 Sec. 1783. Section 85.70, subsection 2, paragraph f, Code
212023, is amended to read as follows:
22f. Beginning on or before December 1, 2018, the department
23of workforce development, in cooperation with the department of
24education, the workers’ compensation division of the department
25of inspections, appeals, and licensing, the insurance division
26of the department of commerce, and all community colleges
27that are participating in the new career vocational training
28and education program, shall prepare an annual report for
29submission to the general assembly that provides information
30about the status of the program including but not limited to
31the utilization of and participants in the program, program
32completion rates, employment rates after completion of the
33program and the types of employment obtained by the program
34participants, and the effects of the program on workers’
35compensation premium rates.
-1074-1 Sec. 1784. Section 85B.14, Code 2023, is amended to read as
2follows:
385B.14 Applicable chapters.
4Chapters Chapter 10A, subchapter III, and chapters 17A,
5 and 85, and 86, so far as applicable, and not inconsistent
6with this chapter, apply in cases of compensable occupational
7hearing loss.
8 Sec. 1785. Section 87.1, subsection 1, Code 2023, is amended
9to read as follows:
101. Every employer subject to the provisions of chapter
1110A, subchapter III, this chapter, and chapters 85, 85A, and
12 85B, and 86, unless relieved as hereinafter provided from the
13requirements imposed under chapter 10A, subchapter III, this
14chapter, and chapters 85, 85A, and 85B, and 86, shall insure
15the employer’s liability under chapter 10A, subchapter III,
16 this chapter, and chapters 85, 85A, and 85B, and 86 in some
17corporation, association, or organization approved by the
18commissioner of insurance.
19 Sec. 1786. Section 87.2, subsection 2, Code 2023, is amended
20to read as follows:
212. An employer coming under the provisions of chapter 10A,
22subchapter III, this chapter, and chapters 85, 85A, and 85B,
23and 86 who fails to comply with this section, or to post and
24keep the above notice in the manner and form required, shall be
25guilty of a simple misdemeanor.
26 Sec. 1787. Section 87.6, Code 2023, is amended to read as
27follows:
2887.6 Certificate of approval.
29When such scheme or plan is approved by the workers’
30compensation commissioner, the commissioner shall issue a
31certificate to that effect, whereupon it shall be legal for
32such employer, or group of employers, to contract with any or
33all of the workers of the employer or group of employers to
34substitute such scheme or plan for the provisions relating to
35compensation and insurance during a period of time fixed by
-1075-1said department the insurance division of the department of
2insurance and financial services.
3 Sec. 1788. Section 87.11, subsections 3 and 4, Code 2023,
4are amended to read as follows:
53. a. If an employer becomes insolvent and a debtor under
611 U.S.C., on or after January 1, 1990, the commissioner of
7insurance may request of the workers’ compensation commissioner
8that all future payments of workers’ compensation weekly
9benefits, medical expenses, or other payments pursuant to
10chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
11or 85B, or 86, be commuted to a present lump sum. The workers’
12compensation commissioner shall fix the lump sum of probable
13future medical expenses and weekly compensation benefits, or
14other benefits payable pursuant to chapter 10A, subchapter III,
15 this chapter, or chapter 85, 85A, or 85B, or 86, capitalized
16at their present value upon the basis of interest at the rate
17provided in section 535.3 for court judgments and decrees. The
18commissioner of insurance shall be discharged from all further
19liability for the commuted workers’ compensation claim upon
20payment of the present lump sum to either the claimant, or a
21licensed insurer for purchase of an annuity or other periodic
22payment plan for the benefit of the claimant.
23b. The commissioner of insurance shall not be required to
24pay more for all claims of an insolvent self-insured employer
25than is available for payment of such claims from the security
26given under this section.
274. Notwithstanding contrary provisions of section 85.45,
28any future payment of medical expenses, weekly compensation
29benefits, or other payments by the commissioner of insurance
30from the security given under this section, pursuant to
31chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
32or 85B, or 86, shall be deemed an undue expense, hardship,
33or inconvenience upon the employer for purposes of a full
34commutation pursuant to section 85.45, subsection 1, paragraph
35“b”.
-1076-1 Sec. 1789. Section 87.13, Code 2023, is amended to read as
2follows:
387.13 Interpretative clause.
4All provisions in chapter 10A, subchapter III, and chapters
585, 85A, 85B, 86, and this chapter relating to compensation
6for injuries sustained arising out of and in the course of
7employment in the operation of coal mines or production of
8coal under any system of removing coal for sale are exclusive,
9compulsory and obligatory upon the employer and employee in
10such employment.
11 Sec. 1790. Section 87.14A, Code 2023, is amended to read as
12follows:
1387.14A Insurance required.
14An employer subject to chapter 10A, subchapter III, this
15chapter, and chapters 85, 85A, and 85B, and 86 shall not
16engage in business without first obtaining insurance covering
17compensation benefits or obtaining relief from insurance as
18provided in this chapter. A person who willfully and knowingly
19violates this section is guilty of a class “D” felony.
20 Sec. 1791. Section 87.21, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22Any employer, except an employer with respect to an exempt
23employee under section 85.1, who has failed to insure the
24employer’s liability in one of the ways provided in this
25chapter, unless relieved from carrying such insurance as
26provided in section 87.11, is liable to an employee for
27a personal injury in the course of and arising out of the
28employment, and the employee may enforce the liability by an
29action at law for damages, or may collect compensation as
30provided in chapter 10A, subchapter III, and chapters 85, 85A,
31and 85B, and 86. In actions by the employee for damages under
32this section, the following rules apply:
33 Sec. 1792. Section 88.1, subsection 3, Code 2023, is amended
34to read as follows:
353. Authorizing the labor commissioner to set mandatory
-1077-1occupational safety and health standards applicable to
2businesses, and by providing for an adjudicatory process
3through the employment appeal board within the department
4of inspections, and appeals, and licensing for carrying out
5adjudicatory functions under this chapter.
6 Sec. 1793. Section 88.2, subsections 1 and 4, Code 2023, are
7amended to read as follows:
81. The labor commissioner, appointed pursuant to section
991.2, and the division of labor services of the department
10of workforce development inspections, appeals, and licensing
11 created in section 84A.1 10A.106 shall administer this chapter.
124. Subject to the approval of the director of the
13department of workforce development inspections, appeals, and
14licensing, the labor commissioner may enter into contracts
15with any state agency, with or without reimbursement, for
16the purpose of obtaining the services, facilities, and
17personnel of the agency, and with the consent of any state
18agency or any political subdivision of the state, accept and
19use the services, facilities, and personnel of the agency or
20political subdivision, and employ experts and consultants or
21organizations, in order to expeditiously, efficiently, and
22economically effectuate the purposes of this chapter. The
23agreements under this subsection are subject to approval of the
24executive council if approval is required by law.
25 Sec. 1794. Section 88A.1, subsections 4 and 6, Code 2023,
26are amended by striking the subsections.
27 Sec. 1795. Section 88A.1, Code 2023, is amended by adding
28the following new subsections:
29 NEW SUBSECTION. 6A. “Department” means the department of
30inspections, appeals, and licensing.
31 NEW SUBSECTION. 6B. “Director” means the director of the
32department of inspections, appeals, and licensing.
33 Sec. 1796. Section 88A.2, Code 2023, is amended to read as
34follows:
3588A.2 Permit required.
-1078- 11. No amusement device or ride, concession booth, or any
2related electrical equipment shall be operated at a carnival
3or fair in this state without a permit having been issued by
4the commissioner director to an operator of such equipment. On
5or before the first of May of each year, any person required
6to obtain a permit by this chapter shall apply to the division
7 department for a permit on a form furnished by the commissioner
8 director which form shall contain such information as the
9commissioner director may require. The commissioner director
10 may waive the requirement that an application for a permit
11must be filed on or before the first of May of each year if
12the applicant gives satisfactory proof to the commissioner
13 director that the applicant could not reasonably comply with
14the date requirement and if the applicant immediately applies
15for a permit after the need for a permit is first determined.
16For the purpose of determining if an amusement ride, amusement
17device, concession booth, or any related electrical equipment
18is in safe operating condition and will provide protection
19to the public using such ride, device, booth, or related
20electrical equipment, each amusement ride, amusement device,
21concession booth, or related electrical equipment shall be
22inspected by the commissioner director before it is initially
23placed in operation in this state, and shall thereafter be
24inspected at least once each year.
252. If, after inspection, an amusement device or ride,
26concession booth, or related electrical equipment is found
27to comply with the rules adopted under this chapter, the
28commissioner director shall, upon payment of the permit fee
29and the inspection fee, permit the operation of the amusement
30device or ride or concession booth or to use any related
31electrical equipment.
323. If, after inspection, additions or alterations
33are contemplated which change a structure, mechanism,
34classification, or capacity, the operator shall notify the
35commissioner director of the operator’s intentions in writing
-1079-1and provide any plans or diagrams requested by the commissioner
2 director.
3 Sec. 1797. Section 88A.3, Code 2023, is amended to read as
4follows:
588A.3 Rules.
61. The commissioner director shall adopt rules pursuant to
7chapter 17A for the safe installation, repair, maintenance,
8use, operation, and inspection of amusement devices, amusement
9rides, concession booths, and related electrical equipment at
10carnivals and fairs to the extent necessary for the protection
11of the public. The rules shall be based on generally accepted
12engineering standards and shall be concerned with, but not
13necessarily limited to, engineering force stresses, safety
14devices, and preventive maintenance. If standards are
15available in suitable form, the standards may be incorporated
16by reference. The rules shall provide for the reporting of
17accidents and injuries incurred from the operation of amusement
18devices or rides, concession booths, or related electrical
19equipment.
202. The commissioner director may modify or repeal any rule
21adopted under the provisions of this chapter.
22 Sec. 1798. Section 88A.5, Code 2023, is amended to read as
23follows:
2488A.5 Fees to general fund.
25All fees collected by the division department under
26the provisions of this chapter shall be transmitted to the
27treasurer of state and credited by the treasurer to the general
28fund of the state.
29 Sec. 1799. Section 88A.6, Code 2023, is amended to read as
30follows:
3188A.6 Personnel.
32The commissioner director may employ inspectors and any
33other personnel deemed necessary to carry out the provisions
34of this chapter, subject to the provisions of chapter 8A,
35subchapter IV.
-1080-1 Sec. 1800. Section 88A.7, Code 2023, is amended to read as
2follows:
388A.7 Cessation order.
4The commissioner director may order, in writing, a temporary
5cessation of operation of any amusement device or ride,
6concession booth, or related electrical equipment if it has
7been determined after inspection to be hazardous or unsafe.
8Operation of the amusement device or ride, concession booth or
9related electrical equipment shall not resume until the unsafe
10or hazardous condition is corrected to the satisfaction of the
11commissioner director.
12 Sec. 1801. Section 88A.8, Code 2023, is amended to read as
13follows:
1488A.8 Judicial review.
15Judicial review of action of the commissioner director
16 may be sought in accordance with the terms of the Iowa
17administrative procedure Act, chapter 17A.
18 Sec. 1802. Section 88A.10, subsections 1 and 2, Code 2023,
19are amended to read as follows:
201. Any person who operates an amusement device or ride,
21concession booth or related electrical equipment at a carnival
22or fair without having obtained a permit from the commissioner
23 director or who violates any order or rule issued by the
24commissioner director under this chapter is guilty of a serious
25misdemeanor.
262. A person who interferes with, impedes, or obstructs in
27any manner the commissioner director in the performance of the
28commissioner’s director’s duties under this chapter is guilty
29of a simple misdemeanor. A person who bribes or attempts to
30bribe the commissioner director is subject to section 722.1.
31 Sec. 1803. Section 88A.11, subsections 3 and 4, Code 2023,
32are amended to read as follows:
333. The commissioner director may exempt amusement devices
34from the provisions of this chapter that have self-contained
35wiring installed by the manufacturer, that are operated
-1081-1manually by the use of hands or feet, that operate on less than
2one hundred twenty volts of electrical power, and that are
3fixtures or appliances within or part of a structure subject to
4the building code of this state or any political subdivision
5of this state.
64. The commissioner director may exempt playground
7equipment owned, maintained, and operated by any political
8subdivision of this state.
9 Sec. 1804. Section 88A.13, Code 2023, is amended to read as
10follows:
1188A.13 Waiver of inspection.
12The commissioner director may waive the requirement that
13an amusement device or ride or any part thereof be inspected
14before being operated in this state if an operator gives
15satisfactory proof to the commissioner director that the
16amusement device or ride or any part thereof has passed an
17inspection conducted by a public or private agency whose
18inspection standards and requirements are at least equal
19to those requirements and standards established by the
20commissioner director under the provisions of this chapter.
21The annual permit and inspection fees shall be paid before the
22commissioner director may waive this requirement.
23 Sec. 1805. Section 88A.14, Code 2023, is amended to read as
24follows:
2588A.14 Injunction.
26In addition to any and all other remedies, if an owner,
27operator, or person in charge of any amusement device or ride,
28concession booth, or related electrical equipment covered by
29this chapter, continues to operate any amusement device or
30ride, concession booth, or related electrical equipment covered
31by this chapter, after receiving a notice of defect as provided
32by this chapter, without first correcting the defects or making
33replacements, the commissioner director may petition the
34district court in equity, in an action brought in the name of
35the state, for a writ of injunction to restrain the use of the
-1082-1alleged defective amusement device or ride, concession booth,
2or related electrical equipment.
3 Sec. 1806. Section 88B.1, subsections 3 and 4, Code 2023,
4are amended by striking the subsections and inserting in lieu
5thereof the following:
63. “Department” means the department of inspections,
7appeals, and licensing.
84. “Director” means the director of the department of
9inspections, appeals, and licensing.
10 Sec. 1807. Section 88B.1, subsections 5 and 6, Code 2023,
11are amended to read as follows:
125. “License” means an authorization issued by the division
13 department permitting an individual person, including a
14supervisor or contractor, to work on an asbestos project, to
15inspect buildings for asbestos-containing building materials,
16to develop management plans, and to act as an asbestos project
17designer.
186. “Permit” means an authorization issued by the division
19 department permitting a business entity to remove or
20encapsulate asbestos.
21 Sec. 1808. Section 88B.3, Code 2023, is amended to read as
22follows:
2388B.3 Administration — rules — fees — inspections.
241. The commissioner director shall administer this chapter.
252. The commissioner director shall adopt, in accordance
26with chapter 17A, rules necessary to carry out the provisions
27of this chapter.
283. The commissioner director shall prescribe fees for
29the issuance and renewal of licenses and permits. The fees
30shall be based on the costs of licensing, permitting, and
31administering this chapter, including time spent by personnel
32of the division department in performing duties and any travel
33expenses incurred. All fees provided for in this chapter shall
34be collected by the commissioner director and remitted to the
35treasurer of state for deposit in the general fund of the
-1083-1state.
24. At least once a year, during an actual asbestos project,
3the division department shall conduct an on-site inspection
4of each permittee’s procedures for removing and encapsulating
5asbestos.
6 Sec. 1809. Section 88B.3A, subsection 1, Code 2023, is
7amended to read as follows:
81. To qualify for a permit, a business entity shall submit
9an application to the division department in the form required
10by the division department and pay the prescribed fee.
11 Sec. 1810. Section 88B.4, Code 2023, is amended to read as
12follows:
1388B.4 Permit — term, renewal, and records required.
141. A permit expires on the first anniversary of its
15effective date, unless it is renewed for a one-year term as
16provided in this section.
172. At least one month before the permit expires, the
18division department shall send to the permittee, at the last
19known address of the permittee, a renewal notice that states
20all of the following:
21a. The date on which the current permit expires.
22b. The date by which the renewal application must be
23received by the division department for the renewal to be
24issued and mailed before the permit expires.
25c. The amount of the renewal fee.
263. Before the permit expires, the permittee may renew it for
27an additional one-year term, if the business entity meets the
28following conditions:
29a. Is otherwise entitled to a permit.
30b. Submits a renewal application to the division department
31 in the form required by the division department.
32c. Pays the renewal fee prescribed by the division
33 department.
344. The permittee shall keep a record of each asbestos
35project it performs and shall make the record available to the
-1084-1division department at any reasonable time. Records shall
2contain information and be kept for a time prescribed in rules
3adopted by the division department.
4 Sec. 1811. Section 88B.5, Code 2023, is amended to read as
5follows:
688B.5 Waivers and alternative procedures.
71. In an emergency that results from a sudden, unexpected
8event that is not a planned renovation or demolition, the
9commissioner director may waive the requirement for a permit.
102. If the business entity is not primarily engaged in the
11removal or encapsulation of asbestos, the commissioner director
12 may waive the requirement for a permit if worker protection
13requirements are met.
143. The division department shall not approve any waivers
15on work conducted at a school, public, or commercial building
16unless the request is accompanied by a recommendation from an
17asbestos project designer.
18 Sec. 1812. Section 88B.6, subsection 1, paragraphs a and b,
19Code 2023, are amended to read as follows:
20a. To apply for a license, an individual shall submit an
21application to the division department in the form required by
22the division department and shall pay the prescribed fee.
23b. The application shall include information prescribed by
24rules adopted by the commissioner director.
25 Sec. 1813. Section 88B.6, subsection 2, paragraph a,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28An individual is not eligible to be or do any of the
29following unless the person obtains a license from the division
30 department:
31 Sec. 1814. Section 88B.6, subsection 2, paragraph b, Code
322023, is amended to read as follows:
33b. To qualify for a license, the applicant must have
34successfully completed training as established by the United
35States environmental protection agency, paid a fee, and met
-1085-1other requirements as specified by the division department by
2rule.
3 Sec. 1815. Section 88B.8, unnumbered paragraph 1, Code
42023, is amended to read as follows:
5The division department may deny, suspend, or revoke a
6permit or license, in accordance with chapter 17A, if the
7permittee or licensee does any of the following:
8 Sec. 1816. Section 88B.8, subsection 2, Code 2023, is
9amended to read as follows:
102. Fails at any time to meet the qualifications for a permit
11or license or to comply with a rule adopted by the commissioner
12 director under this chapter.
13 Sec. 1817. Section 88B.11, Code 2023, is amended to read as
14follows:
1588B.11 Bids for governmental projects.
16A state agency or political subdivision shall not accept a
17bid in connection with any asbestos project from a business
18entity that does not hold a permit from the division department
19 at the time the bid is submitted, unless the business entity
20provides the state agency or political subdivision with written
21proof that ensures that the business entity has contracted
22to have the asbestos removal or encapsulation performed by a
23licensed asbestos contractor.
24 Sec. 1818. Section 89.1, subsection 1, Code 2023, is amended
25to read as follows:
261. The labor commissioner director shall enforce the
27provisions of this chapter and may employ qualified personnel
28under the provisions of chapter 8A, subchapter IV, to
29administer the provisions of this chapter.
30 Sec. 1819. Section 89.2, subsection 4, Code 2023, is amended
31by striking the subsection and inserting in lieu thereof the
32following:
334. “Department” means the department of inspections,
34appeals, and licensing.
35 Sec. 1820. Section 89.2, Code 2023, is amended by adding the
-1086-1following new subsection:
2 NEW SUBSECTION. 4A. “Director” means the director of the
3department of inspections, appeals, and licensing.
4 Sec. 1821. Section 89.2, subsection 9, Code 2023, is amended
5to read as follows:
69. “Special inspector” means an inspector who holds a
7commission from the commissioner director and who is not a
8state employee.
9 Sec. 1822. Section 89.3, Code 2023, is amended to read as
10follows:
1189.3 Inspection made.
121. It shall be the duty of the commissioner director to
13inspect or cause to be inspected internally and externally, at
14least once every twelve months, except as otherwise provided
15in this section, in order to determine whether all such
16equipment is in a safe and satisfactory condition, and properly
17constructed and maintained for the purpose for which it is
18used, all boilers and unfired steam pressure vessels operating
19in excess of fifteen pounds per square inch, all low pressure
20heating boilers and unfired steam pressure vessels located in
21places of public assembly and other appurtenances used in this
22state for generating or transmitting steam for power, or for
23using steam under pressure for heating or steaming purposes.
242. The commissioner director may enter any building or
25structure, public or private, for the purpose of inspecting any
26equipment covered by this chapter or gathering information with
27reference thereto.
283. The commissioner may inspect boilers and tanks
29and other equipment stamped with the American society of
30mechanical engineers code symbol for other than steam pressure,
31manufactured in Iowa, when requested by the manufacturer.
324. a. An object that meets all of the following criteria
33shall be inspected at least once every two years internally
34and externally while not under pressure, and at least once
35every two years externally while under pressure, unless the
-1087-1commissioner director determines that an earlier inspection is
2warranted:
3(1) The object is a boiler with one hundred thousand pounds
4per hour or more capacity, or the object is an unfired steam
5pressure vessel or a regulated appurtenance that is part of the
6same system as a boiler with one hundred thousand pounds per
7hour or more capacity.
8(2) The object contains only water subject to internal
9continuous water treatment under the direct supervision of
10a graduate engineer or chemist, or one having equivalent
11experience in the treatment of boiler water.
12(3) The water treatment is for the purpose of controlling
13and limiting serious corrosion and other deteriorating factors.
14b. The owner or user of an object meeting the criteria in
15paragraph “a” shall do the following:
16(1) At any time the commissioner director, a special
17inspector, or the supervisor of water treatment deems a
18hydrostatic test is necessary to determine the safety of
19an object, conduct the test under the supervision of the
20commissioner director.
21(2) Keep available for examination by the commissioner
22 director accurate records showing the date and actual time the
23object is out of service and the reason it is out of service.
24(3) Keep available for examination by the commissioner
25 director chemical physical laboratory analyses of samples of
26the object water taken at regular intervals of not more than
27forty-eight hours of operation as will adequately show the
28condition of the water and any elements or characteristics of
29the water which are capable of producing corrosion or other
30deterioration of the object or its parts.
315. a. An object that meets all of the following criteria
32shall be inspected at least once each year externally while
33under pressure and at least once every four years internally
34while not under pressure, unless the commissioner director
35 determines an earlier inspection is warranted:
-1088- 1(1) The object is a boiler with one hundred thousand pounds
2per hour or more capacity, or the object is an unfired steam
3pressure vessel or a regulated appurtenance that is part of the
4same system as a boiler with one hundred thousand pounds per
5hour or more capacity.
6(2) The object contains only water subject to internal
7continuous water treatment under the direct supervision of
8a graduate engineer or chemist, or one having equivalent
9experience in the treatment of boiler water.
10(3) The water treatment is for the purpose of controlling
11and limiting serious corrosion and other deteriorating factors.
12(4) Either of the following:
13(a) The owner or user is a participant in good standing in
14the Iowa occupational safety and health voluntary protection
15program and has achieved star status within the program, which
16is administered by the division of labor services in the
17department of workforce development inspections, appeals, and
18licensing.
19(b) The object is an unfired steam pressure vessel and is
20part of or integral to the continuous operation of a process
21covered by and compliant with the occupational safety and
22health administration process safety management standard
23contained in 29 C.F.R. §1910.119 and the owner demonstrates
24such compliance to a special inspector or the commissioner
25 director. The unfired steam pressure vessel must also be
26included as process safety management process equipment in the
27owner of the unfired steam pressure vessel’s process safety
28management program.
29b. The owner or user of an object that meets the criteria in
30paragraph “a” shall do the following:
31(1) At any time the commissioner director, a special
32inspector, or the supervisor of the water treatment deems
33a hydrostatic test necessary to determine the safety of
34an object, conduct the test under the supervision of the
35commissioner director.
-1089- 1(2) Keep available for examination by the commissioner
2 director accurate records showing the date and actual time the
3object is out of service and the reason it is out of service.
4(3) Arrange for an internal inspection of the object during
5each planned outage by a special inspector or the commissioner
6 director.
7(4) Keep for examination by the commissioner director
8 accurate records showing the chemical physical laboratory
9analyses of samples of the object’s water taken at regular
10intervals of not more than forty-eight hours of operation
11adequate to show the condition of the water and any elements
12or characteristics of the water that are capable of producing
13corrosion or other deterioration of the object or its parts.
146. Internal inspections of cast aluminum steam, cast
15aluminum hot water heating, sectional cast iron steam, and
16cast iron hot water heating boilers shall be conducted only
17as deemed necessary by the commissioner director. External
18operating inspections shall be conducted annually.
197. Internal inspections of steel hot water boilers shall be
20conducted once every six years. External operating inspections
21shall be conducted annually in years other than the year in
22which internal inspections are conducted.
238. Inspections of unfired steam pressure vessels operating
24in excess of fifteen pounds per square inch and low pressure
25steam boilers shall be conducted at least once each calendar
26year. The inspections conducted within each two-year period
27shall include an external inspection conducted while the boiler
28is operating and an internal inspection, where construction
29permits. No more than one inspection shall be conducted per
30six-month period. An internal inspection of an unfired steam
31pressure vessel or low pressure steam boiler may be required
32at any time by the commissioner director upon the observation
33by an inspector of conditions, enumerated by the commissioner
34 director through rules, warranting an internal inspection.
35If a low pressure steam boiler is in dry lay-up, an internal
-1090-1inspection shall be conducted in lieu of an external
2inspection. For purposes of this subsection, “dry lay-up”
3means a process whereby a boiler is taken out of service for a
4period of six months or longer, drained, dried, and cleaned,
5and measures to prevent corrosion are performed on the boiler.
69. An internal inspection shall not be required on an
7unfired steam pressure vessel that was manufactured without an
8inspection opening.
910. An exhibition boiler does not require an annual
10inspection certificate but special inspections may be requested
11by the owner or an event’s management to be performed by the
12commissioner director. Upon the completion of an exhibition
13boiler inspection a written condition report shall be prepared
14by the commissioner director regarding the condition of
15the exhibition boiler’s boiler or pressure vessel. This
16report will be issued to the owner and the management of all
17events at which the exhibition boiler is to be operated. The
18event’s management is responsible for the decision on whether
19the exhibition boiler should be operated and shall inform
20the division of labor services department of the event’s
21management’s decision. The event’s management is responsible
22for any injuries which result from the operation of any
23exhibition boiler approved for use at the event by the event’s
24management. A repair symbol, known as the “R” stamp, is not
25required for repairs made to exhibition boilers pursuant to the
26rules regarding inspections and repair of exhibition boilers as
27adopted by the commissioner director, pursuant to chapter 17A.
2811. An inspection report created pursuant to this chapter
29that requires modification, alteration, or change shall be in
30writing and shall cite the state law or rule or the ASME code
31section allegedly violated.
32 Sec. 1823. Section 89.4, subsection 2, unnumbered paragraph
331, Code 2023, is amended to read as follows:
34Unfired steam pressure vessels not exceeding the following
35limitations are not required to be reported to the commissioner
-1091-1 director and shall be exempt from regular inspection under
2provisions of this chapter:
3 Sec. 1824. Section 89.5, subsections 1 and 2, Code 2023, are
4amended to read as follows:
51. The commissioner director shall investigate and record
6the cause of any boiler explosion that may occur in the state,
7the loss of life, injuries sustained, and estimated loss of
8property, if any; and such other data as may be of benefit in
9preventing a recurrence of similar explosions.
102. The commissioner director shall keep a complete and
11accurate record of the name of the owner or user of each steam
12boiler or other equipment subject to this chapter, giving
13a full description of the equipment, including the type,
14dimensions, age, condition, the amount of pressure allowed, and
15the date when last inspected.
16 Sec. 1825. Section 89.6, Code 2023, is amended to read as
17follows:
1889.6 Notice to commissioner director.
191. Before any equipment included under the provisions
20of this chapter is installed by any owner, user, or lessee
21thereof, a ten days’ written notice of intention to install the
22equipment shall be given to the commissioner director. The
23notice shall designate the proposed place of installation, the
24type and capacity of the equipment, the use to be made thereof,
25the name of the company which manufactured the equipment, and
26whether the equipment is new or used.
272. Before any power boiler is converted to a low pressure
28boiler, the owner or user shall give to the commissioner
29 director ten days’ written notice of intent to convert the
30boiler. The notice shall designate the boiler location, the
31uses of the building, and other information specified by rule
32by the board.
33 Sec. 1826. Section 89.7, Code 2023, is amended to read as
34follows:
3589.7 Special inspectors.
-1092- 11. The inspection required by this chapter shall not be
2made by the commissioner director if an owner or user of
3equipment specified by this chapter obtains an inspection by
4a representative of a reputable insurance company and obtains
5a policy of insurance upon the equipment from that insurance
6company.
72. The representative conducting the inspection shall
8be commissioned by the commissioner director as a special
9inspector for the year during which the inspection occurs
10and shall meet such other requirements as the commissioner
11 director may by rule establish. The commission shall be valid
12for one year and the special inspector shall pay a fee for the
13issuance of the commission. The commissioner director shall
14establish the amount of the fee by rule. The commissioner
15 director shall establish rules for the issuance and revocation
16of special inspector commissions. The rules are subject to the
17requirements of chapter 17A.
183. The insurance company shall file a notice of insurance
19coverage on forms approved by the commissioner director stating
20that the equipment is insured and that inspection shall be made
21in accordance with section 89.3.
224. The special inspector shall provide the user and the
23commissioner director with an inspection report including the
24nature and extent of all defects and violations, in a format
25approved by the labor commissioner director.
265. The failure of a special inspector to inform the
27commissioner director of violations shall not subject the
28commissioner director to liability for any damages incurred.
29 Sec. 1827. Section 89.7A, Code 2023, is amended to read as
30follows:
3189.7A Certificates.
321. The commissioner director shall issue a certificate of
33inspection valid for the period specified in section 89.3 after
34the payment of a fee, the filing of an inspection report, and
35the correction or other appropriate resolution of any defects
-1093-1identified in the inspection report. The certificate shall be
2posted at a place near the location of the equipment.
32. The owner or user of any equipment covered in this
4chapter, or persons in charge of such equipment, shall not
5allow or permit a greater pressure in any unit than is stated
6in the certificate of inspection issued by the commissioner
7 director.
83. The commissioner director shall indicate to the user
9whether or not the equipment may be used without making repair
10or replacement of defective parts, or whether or how the
11equipment may be used in a limited capacity before repairs
12or replacements are made, and the commissioner director may
13permit the user a reasonable time to make such repairs or
14replacements.
15 Sec. 1828. Section 89.8, Code 2023, is amended to read as
16follows:
1789.8 Boiler and pressure vessel safety fund — fees
18appropriated.
19A boiler and pressure vessel safety revolving fund is
20created within the state treasury under the control of the
21commissioner director and shall consist of moneys collected
22by the commissioner director as fees. Moneys in the fund are
23appropriated and shall be used by the commissioner director
24 to pay the actual costs and expenses necessary to operate the
25board and administer the provisions of this chapter. All
26salaries and expenses properly chargeable to the fund shall be
27paid from the fund. Section 8.33 does not apply to any moneys
28in the fund. Notwithstanding section 12C.7, subsection 2,
29interest or earnings on moneys deposited in the fund shall be
30credited to the fund.
31 Sec. 1829. Section 89.9, Code 2023, is amended to read as
32follows:
3389.9 Disposal of fees.
34All fees provided for in this chapter shall be collected
35by the commissioner director and remitted to the treasurer
-1094-1of state, to be deposited in the boiler and pressure vessel
2safety fund pursuant to section 89.8, together with an itemized
3statement showing the source of collection.
4 Sec. 1830. Section 89.11, Code 2023, is amended to read as
5follows:
689.11 Injunction.
71. In addition to all other remedies, if any owner, user,
8or person in charge of any equipment covered by this chapter
9continues to use any equipment covered by this chapter,
10after receiving an inspection report identifying defects and
11exhausting appeal rights as provided by this chapter without
12first correcting the defects or making replacements, the
13commissioner director may apply to the district court by
14petition in equity, in an action brought in the name of the
15state, for a writ of injunction to restrain the use of the
16alleged defective equipment.
172. If the commissioner director believes that the continued
18operation of equipment constitutes an imminent danger that
19could seriously injure or cause death to any person, in
20addition to all other remedies, the commissioner director
21 may apply to the district court in the county in which the
22imminently dangerous condition exists for a temporary order to
23enjoin the owner, user, or person in charge from operating the
24equipment before the owner’s, user’s, or person’s rights to
25administrative appeals have been exhausted.
26 Sec. 1831. Section 89.12, Code 2023, is amended to read as
27follows:
2889.12 Hearing — notice — decree.
29The commissioner director shall notify in writing the owner
30or user of the equipment of the time and place of hearing of the
31petition as fixed by the court or judge, and shall serve the
32notice on the defendant at least five days prior to the hearing
33in the same manner as original notices are served. The general
34provisions relating to civil practice and procedure as may be
35applicable, shall govern the proceedings, except as herein
-1095-1modified. In the event the defendant does not appear or plead
2to the action, default shall be entered against the defendant.
3The action shall be tried in equity, and the court or judge
4shall make such order or decree as the evidence warrants.
5 Sec. 1832. Section 89.13, Code 2023, is amended to read as
6follows:
789.13 Civil penalty allowed.
8If upon notice and hearing the commissioner director
9 determines that an owner has operated a facility in violation
10of a safety order, the commissioner director may assess a civil
11penalty against the owner in an amount not exceeding five
12hundred dollars, as determined by the commissioner director.
13An order assessing a civil penalty is subject to appeal to
14the employment appeal board and to judicial review. The
15commissioner director may commence an action in the district
16court to enforce payment of a civil penalty. Revenue from
17the penalty provided in this section shall be remitted to the
18treasurer of state for deposit in the general fund of the
19state.
20 Sec. 1833. Section 89.14, subsection 1, Code 2023, is
21amended to read as follows:
221. A boiler and pressure vessel board is created within
23the division of labor services of the department of workforce
24development to formulate definitions and rules requirements
25for the safe and proper installation, repair, maintenance,
26alteration, use, and operation of boilers and pressure vessels
27in this state.
28 Sec. 1834. Section 89.14, subsection 2, paragraph a, Code
292023, is amended to read as follows:
30a. The commissioner director or the commissioner’s
31 director’s designee.
32 Sec. 1835. Section 89.14, subsections 4, 6, and 8, Code
332023, are amended to read as follows:
344. The members of the board shall select a chairperson, vice
35chairperson, and secretary from their membership. However,
-1096-1neither the commissioner director nor the commissioner’s
2 director’s designee shall serve as chairperson. The board
3shall meet at least quarterly but may meet as often as
4necessary. Meetings shall be set by a majority of the board
5or upon the call of the chairperson, or in the chairperson’s
6absence, upon the call of the vice chairperson. A majority of
7the board members shall constitute a quorum.
86. A notice of defect or inspection report issued by the
9commissioner director pursuant to this chapter may, within
10thirty days after the making of the order, be appealed to
11the board. Board action constitutes final agency action for
12purposes of chapter 17A.
138. The board shall establish fees for examinations,
14inspections, annual statements, shop inspections, and other
15services. The fees shall reflect the actual costs and expenses
16necessary to operate the board and perform the duties of the
17commissioner director.
18 Sec. 1836. Section 89A.1, subsections 2 and 4, Code 2023,
19are amended by striking the subsections.
20 Sec. 1837. Section 89A.1, Code 2023, is amended by adding
21the following new subsections:
22 NEW SUBSECTION. 4A. “Department” means the department of
23inspections, appeals, and licensing.
24 NEW SUBSECTION. 4B. “Director” means the director of the
25department of inspections, appeals, and licensing.
26 Sec. 1838. Section 89A.1, subsections 11, 15, 16, and 19,
27Code 2023, are amended to read as follows:
2811. “Inspector” means an inspector employed by the division
29 department for the purpose of administering this chapter.
3015. “New installation” means a conveyance the construction
31or relocation of which is begun, or for which an application
32for a new installation permit is filed, on or after the
33effective date of rules relating to those permits adopted by
34the commissioner director under authority of this chapter. All
35other installations are existing installations.
-1097- 116. “Owner” means the owner of a conveyance, unless the
2conveyance is a new installation or is undergoing major
3alterations, in which case the owner shall be considered the
4person responsible for the installation or alteration of the
5conveyance until the conveyance has passed final inspection by
6the division department.
719. “Special inspector” means an inspector commissioned
8by the labor commissioner director, and not employed by the
9division department.
10 Sec. 1839. Section 89A.3, subsections 6 and 8, Code 2023,
11are amended to read as follows:
126. The commissioner director shall furnish copies of
13the rules adopted pursuant to this chapter to any person who
14requests them, without charge, or upon payment of a charge not
15to exceed the actual cost of printing of the rules.
168. The commissioner director may adopt rules pursuant to
17chapter 17A relating to the denial, issuance, revocation, and
18suspension of special inspector commissions.
19 Sec. 1840. Section 89A.4, Code 2023, is amended to read as
20follows:
2189A.4 Commissioner’s Director’s duties and personnel.
22The commissioner director shall enforce the provisions of
23this chapter. The commissioner director shall employ personnel
24for the administration of this chapter pursuant to chapter 8A,
25subchapter IV.
26 Sec. 1841. Section 89A.5, Code 2023, is amended to read as
27follows:
2889A.5 Registration of conveyances.
29The owner of every existing conveyance, whether or not
30dormant, shall register the conveyance with the commissioner
31 director, giving type, contract load and speed, name of
32manufacturer, its location, and the purpose for which it is
33used, and other information the commissioner director may
34require. Registration shall be made in a format required by
35the division department.
-1098-1 Sec. 1842. Section 89A.6, subsections 2, 4, and 5, Code
22023, are amended to read as follows:
32. Every existing conveyance registered with the
4commissioner director shall be inspected within one year
5after the effective date of the registration, except that the
6safety board may extend by rule the time specified for making
7inspections.
84. The inspections required by subsections 1 through 3
9shall be made only by inspectors or special inspectors. An
10inspection by a special inspector may be accepted by the
11commissioner director in lieu of a required inspection by an
12inspector.
135. A report of every inspection shall be filed with the
14commissioner director by the inspector or special inspector,
15in a format required by the commissioner director, after the
16inspection has been completed and within the time provided
17by rule, but not to exceed thirty days. The report shall
18include all information required by the commissioner director
19 to determine whether the conveyance is in compliance with
20applicable rules. For the inspection required by subsection
211, the report shall indicate whether the conveyance has
22been installed in accordance with the detailed plans and
23specifications approved by the commissioner director, and
24meets the requirements of the applicable rules. The failure
25of a special inspector to inform the commissioner director
26 of violations shall not subject the commissioner director to
27liability for any damages incurred.
28 Sec. 1843. Section 89A.7, Code 2023, is amended to read as
29follows:
3089A.7 Alteration permits.
31The owner shall submit to the commissioner director detailed
32plans, specifications, and other information the commissioner
33 director may require for each conveyance to be altered,
34together with an application for an alteration permit, in
35a format required by the commissioner director. Repairs
-1099-1or replacements necessary for normal maintenance are not
2alterations, and may be made on existing installations with
3parts equivalent in material, strength, and design to those
4replaced and no plans or specifications or application need be
5filed for the repairs or replacements. However, this section
6does not authorize the use of any conveyance contrary to an
7order issued pursuant to section 89A.10, subsections 2 and 3.
8 Sec. 1844. Section 89A.8, Code 2023, is amended to read as
9follows:
1089A.8 New installation permits.
111. The installation or relocation of a conveyance shall
12not begin until an installation permit has been issued by the
13commissioner director.
142. An application for an installation permit shall be
15submitted in a format determined by the commissioner director.
163. a. If the application or any accompanying materials
17indicates a failure to comply with applicable rules, the
18commissioner director shall give notice of the compliance
19failures to the person filing the application.
20b. If the application indicates compliance with applicable
21rules or after compliance failures have been remedied, the
22commissioner director shall issue an installation permit for
23relocation or installation, as applicable.
24 Sec. 1845. Section 89A.9, subsection 1, Code 2023, is
25amended to read as follows:
261. Operating permits shall be issued by the commissioner
27 director to the owner of every conveyance when the inspection
28report indicates compliance with the applicable provisions
29of this chapter. However, a permit shall not be issued
30if the fees required by this chapter have not been paid.
31Permits shall be issued within thirty days after filing of
32the inspection report required by section 89A.6, unless the
33time is extended for cause by the division department. A
34conveyance shall not be operated after the thirty days or after
35an extension granted by the commissioner director has expired,
-1100-1unless an operating permit has been issued.
2 Sec. 1846. Section 89A.10, Code 2023, is amended to read as
3follows:
489A.10 Enforcement orders by commissioner director —
5injunction.
61. If an inspection report indicates a failure to comply
7with applicable rules, or with the detailed plans and
8specifications approved by the commissioner director, the
9commissioner director may, upon giving notice, order the owner
10of a conveyance to make the changes necessary for compliance.
112. If the owner does not make the changes necessary for
12compliance as required in subsection 1 within the period
13specified by the commissioner director, the commissioner
14 director, upon notice, may suspend or revoke the operating
15permit, or may refuse to issue the operating permit for
16the conveyance. The commissioner director shall notify the
17owner of any action to suspend, revoke, or refuse to issue an
18operating permit and the reason for the action by service in
19the same manner as an original notice or by certified mail. An
20owner may appeal the commissioner’s director’s initial decision
21to the safety board. The decision of the safety board shall be
22considered final agency action pursuant to chapter 17A.
233. If the commissioner director has reason to believe
24that the continued operation of a conveyance constitutes
25an imminent danger which could reasonably be expected to
26seriously injure or cause death to any person, in addition to
27any other remedies, the commissioner director may apply to the
28district court in the county in which such imminently dangerous
29condition exists for a temporary order for the purpose of
30enjoining such imminently dangerous conveyance. Upon hearing,
31if deemed appropriate by the court, a permanent injunction
32may be issued to ensure that such imminently dangerous
33conveyance be prevented or controlled. Upon the elimination
34or rectification of such imminently dangerous condition, the
35temporary or permanent injunction shall be vacated.
-1101-1 Sec. 1847. Section 89A.12, Code 2023, is amended to read as
2follows:
389A.12 Access to conveyances.
4Every owner of a conveyance subject to regulation by
5this chapter shall grant access to that conveyance to the
6commissioner director and personnel of the division department.
7Inspections shall be permitted at reasonable times, with or
8without prior notice.
9 Sec. 1848. Section 89A.13, subsections 1, 2, and 4, Code
102023, are amended to read as follows:
111. An elevator safety board is created within the division
12of labor services in the department of workforce development
13 to formulate definitions and rules for the safe and proper
14installation, repair, maintenance, alteration, use, and
15operation of conveyances in this state.
162. The safety board is composed of nine members, one of
17whom shall be the commissioner director or the commissioner’s
18 director’s designee. The governor shall appoint the remaining
19eight members of the board, subject to senate confirmation, to
20staggered four-year terms which shall begin and end as provided
21in section 69.19. The members shall be as follows: two
22representatives from an elevator manufacturing company or
23its authorized representative; two representatives from
24elevator servicing companies; one building owner or manager;
25one representative employed by a local government in this
26state who is knowledgeable about building codes in this
27state; one representative of workers actively involved in the
28installation, maintenance, and repair of elevators; and one
29licensed mechanical engineer.
304. The members of the safety board shall select a
31chairperson, vice chairperson, and a secretary from their
32membership. However, neither the commissioner director nor the
33commissioner’s director’s designee shall serve as chairperson.
34The safety board shall meet at least quarterly but may meet as
35often as necessary. Meetings shall be set by a majority of the
-1102-1safety board or upon the call of the chairperson, or in the
2chairperson’s absence, upon the call of the vice chairperson.
3A majority of the safety board members shall constitute a
4quorum.
5 Sec. 1849. Section 89A.15, Code 2023, is amended to read as
6follows:
789A.15 Inspections by local authorities.
8A city or other governmental subdivision shall not make or
9maintain any ordinance, bylaw, or resolution providing for the
10licensing of special inspectors. An ordinance or resolution
11relating to the inspection, construction, installation,
12alteration, maintenance, or operation of conveyances within
13the limits of the city or governmental subdivision which
14conflicts with this chapter or with rules adopted pursuant
15to this chapter is void. The commissioner director, in the
16commissioner’s director’s discretion, may accept inspections by
17local authorities in lieu of inspections required by section
1889A.6, but only upon a showing by the local authority that
19applicable laws and rules will be consistently and literally
20enforced and that inspections will be performed by special
21inspectors.
22 Sec. 1850. Section 89A.16, Code 2023, is amended to read as
23follows:
2489A.16 Prosecution of offenses.
25The division department shall cause prosecution for the
26violation of the provisions of this chapter to be instituted
27by the attorney general in the county in which the violation
28occurred.
29 Sec. 1851. Section 89A.18, Code 2023, is amended to read as
30follows:
3189A.18 Civil penalty.
32If upon notice and hearing the commissioner director
33 determines that an owner has operated a conveyance after an
34order of the commissioner director that suspends, revokes,
35or refuses to issue an operating permit for the conveyance
-1103-1has become final under section 89A.10, subsection 2, the
2commissioner director may assess a civil penalty against the
3owner in an amount not exceeding five hundred dollars, as
4determined by the commissioner director. An order assessing
5a civil penalty is subject to appeal under section 89A.10,
6subsection 2, in the same manner and to the same extent as
7decisions referred to in that subsection. The commissioner
8 director may commence an action in the district court to
9enforce payment of the civil penalty. A record of assessment
10against or payment of a civil penalty by any person for a
11violation of this section shall not be admissible as evidence
12in any court in any civil action. Revenue from the penalty
13provided in this section shall be remitted to the treasurer of
14state for deposit in the state general fund.
15 Sec. 1852. Section 89A.19, Code 2023, is amended to read as
16follows:
1789A.19 Elevator safety fund — fees appropriated.
18A revolving elevator safety fund is created in the state
19treasury under the control of the commissioner director and
20shall consist of moneys collected by the commissioner director
21 as fees. Moneys in the fund are appropriated to and shall
22be used by the commissioner director to pay the actual costs
23and expenses necessary to operate the safety board and perform
24the duties of the commissioner director as described in this
25chapter. All fees collected by the commissioner director
26 pursuant to this chapter shall be remitted to the treasurer
27of state to be deposited in the elevator safety fund. All
28salaries and expenses properly chargeable to the fund shall be
29paid from the fund. Section 8.33 does not apply to any moneys
30in the fund. Notwithstanding section 12C.7, subsection 2,
31interest or earnings on moneys deposited in the fund shall be
32credited to the fund.
33 Sec. 1853. Section 89B.3, Code 2023, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 01. “Commissioner” means the labor
-1104-1commissioner appointed pursuant to section 10A.203, or the
2labor commissioner’s designee.
3 Sec. 1854. Section 89B.3, subsection 1, Code 2023, is
4amended to read as follows:
51. “Division” means the division of labor services of the
6department of workforce development created under section 84A.1
7inspections, appeals, and licensing.
8 Sec. 1855. Section 90A.1, subsection 2, Code 2023, is
9amended to read as follows:
102. “Commissioner” means the state commissioner of athletics,
11who is also the labor commissioner appointed pursuant to
12section 91.2, director of the department of inspections,
13appeals, and licensing or the labor commissioner’s director’s
14 designee.
15 Sec. 1856. Section 91A.2, subsection 1, Code 2023, is
16amended by striking the subsection.
17 Sec. 1857. Section 91A.2, Code 2023, is amended by adding
18the following new subsection:
19 NEW SUBSECTION. 2A. “Director” means the director of the
20department of inspections, appeals, and licensing.
21 Sec. 1858. Section 91A.6, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23An employer shall after being notified by the commissioner
24 director pursuant to subsection 2:
25 Sec. 1859. Section 91A.6, subsection 2, Code 2023, is
26amended to read as follows:
272. The commissioner director shall notify an employer to
28comply with subsection 1 if the employer has paid a claim
29for unpaid wages or nonreimbursed authorized expenses and
30liquidated damages under section 91A.10 or if the employer
31has been assessed a civil money penalty under section 91A.12.
32However, a court may, when rendering a judgment for wages or
33nonreimbursed authorized expenses and liquidated damages or
34upholding a civil money penalty assessment, order that an
35employer shall not be required to comply with the provisions of
-1105-1subsection 1 or that an employer shall be required to comply
2with the provisions of subsection 1 for a particular period of
3time.
4 Sec. 1860. Section 91A.9, Code 2023, is amended to read as
5follows:
691A.9 General powers and duties of the commissioner director.
71. The commissioner director shall administer and enforce
8the provisions of this chapter. The commissioner director may
9hold hearings and investigate charges of violations of this
10chapter.
112. The commissioner director may, consistent with due
12process of law, enter any place of employment to inspect
13records concerning wages and payrolls, to question the employer
14and employees, and to investigate such facts, conditions, or
15matters as are deemed appropriate in determining whether any
16person has violated the provisions of this chapter. However,
17such entry by the commissioner director shall only be in
18response to a written complaint.
193. The commissioner director may employ such qualified
20personnel as are necessary for the enforcement of this chapter.
21Such personnel shall be employed pursuant to chapter 8A,
22subchapter IV.
234. The commissioner director shall, in consultation with
24the United States department of labor, develop a database of
25the employers in this state utilizing special certificates
26issued by the United States secretary of labor as authorized
27under 29 U.S.C. §214, and shall maintain the database.
285. The commissioner director shall promulgate, pursuant to
29chapter 17A, any rules necessary to carry out the provisions of
30this chapter.
31 Sec. 1861. Section 91A.10, Code 2023, is amended to read as
32follows:
3391A.10 Settlement of claims and suits for wages —
34prohibition against discharge of employee.
351. Upon the written complaint of the employee involved,
-1106-1the commissioner director may determine whether wages have
2not been paid and may constitute an enforceable claim. If
3for any reason the commissioner director decides not to make
4such determination, the commissioner director shall so notify
5the complaining employee within fourteen days of receipt of
6the complaint. The commissioner director shall otherwise
7notify the employee of such determination within a reasonable
8time and if it is determined that there is an enforceable
9claim, the commissioner director shall, with the consent of
10the complaining employee, take an assignment in trust for the
11wages and for any claim for liquidated damages without being
12bound by any of the technical rules respecting the validity of
13the assignment. However, the commissioner director shall not
14accept any complaint for unpaid wages and liquidated damages
15after one year from the date the wages became due and payable.
162. The commissioner director, with the assistance of the
17office of the attorney general if the commissioner director
18 requests such assistance, shall, unless a settlement is
19reached under this subsection, commence a civil action in any
20court of competent jurisdiction to recover for the benefit
21of any employee any wage, expenses, and liquidated damages’
22claims that have been assigned to the commissioner director
23 for recovery. The commissioner director may also request
24reasonable and necessary attorney fees. With the consent
25of the assigning employee, the commissioner director may
26also settle a claim on behalf of the assigning employee.
27Proceedings under this subsection and subsection 1 that precede
28commencement of a civil action shall be conducted informally
29without any party having a right to be heard before the
30commissioner director. The commissioner director may join
31various assignments in one claim for the purpose of settling or
32litigating their claims.
333. The provisions of subsections 1 and 2 shall not be
34construed to prevent an employee from settling or bringing an
35action for damages under section 91A.8 if the employee has not
-1107-1assigned the claim under subsection 1.
24. Any recovery of attorney fees, in the case of actions
3brought under this section by the commissioner director, shall
4be remitted by the commissioner director to the treasurer of
5state for deposit in the general fund of the state. Also, the
6commissioner director shall not be required to pay any filing
7fee or other court costs.
85. An employer shall not discharge or in any other manner
9discriminate against any employee because the employee has
10filed a complaint, assigned a claim, or brought an action
11under this section or has cooperated in bringing any action
12against an employer. Any employee may file a complaint with
13the commissioner director alleging discharge or discrimination
14within thirty days after such violation occurs. Upon receipt
15of the complaint, the commissioner director shall cause an
16investigation to be made to the extent deemed appropriate. If
17the commissioner director determines from the investigation
18that the provisions of this subsection have been violated, the
19commissioner director shall bring an action in the appropriate
20district court against such person. The district court shall
21have jurisdiction, for cause shown, to restrain violations of
22this subsection and order all appropriate relief including
23rehiring or reinstatement of the employee to the former
24position with back pay.
25 Sec. 1862. Section 91A.11, Code 2023, is amended to read as
26follows:
2791A.11 Wage claims brought under reciprocity.
281. The commissioner director may enter into reciprocal
29agreements with the labor department or corresponding agency
30of any other state or its representatives for the collection
31in such other states of claims or judgments for wages and
32other demands based upon claims assigned to the commissioner
33 director.
342. The commissioner director may, to the extent provided
35for by any reciprocal agreement entered into by law or with an
-1108-1agency of another state as provided in this section, maintain
2actions in the courts of such other state to the extent
3permitted by the laws of that state for the collection of
4claims for wages, judgments and other demands and may assign
5such claims, judgments and demands to the labor department or
6agency of such other state for collection to the extent that
7such an assignment may be permitted or provided for by the laws
8of such state or by reciprocal agreement.
93. The commissioner director may, upon the written consent
10of the labor department or other corresponding agency of any
11other state or its representatives, maintain actions in the
12courts of this state upon assigned claims for wages, judgments
13and demands arising in such other state in the same manner
14and to the same extent that such actions by the commissioner
15 director are authorized when arising in this state. However,
16such actions may be maintained only in cases in which such
17other state by law or reciprocal agreement extends a like
18comity to cases arising in this state.
19 Sec. 1863. Section 91A.12, Code 2023, is amended to read as
20follows:
2191A.12 Civil penalties.
221. Any employer who violates the provisions of this chapter
23or the rules promulgated under it shall be subject to a civil
24money penalty of not more than five hundred dollars per pay
25period for each violation. The commissioner director may
26recover such civil money penalty according to the provisions
27of subsections 2 through 5. Any civil money penalty recovered
28shall be deposited in the general fund of the state.
292. The commissioner director may propose that an employer
30be assessed a civil money penalty by serving the employer with
31notice of such proposal in the same manner as an original
32notice is served under the rules of civil procedure. Upon
33service of such notice, the proposed assessment shall be
34treated as a contested case under chapter 17A. However, an
35employer must request a hearing within thirty days of being
-1109-1served.
23. If an employer does not request a hearing pursuant
3to subsection 2 or if the commissioner director determines,
4after an appropriate hearing, that an employer is in violation
5of this chapter, the commissioner director shall assess a
6civil money penalty which is consistent with the provisions
7of subsection 1 and which is rendered with due consideration
8for the penalty amount in terms of the size of the employer’s
9business, the gravity of the violation, the good faith of the
10employer, and the history of previous violations.
114. An employer may seek judicial review of any assessment
12rendered under subsection 3 by instituting proceedings for
13judicial review pursuant to chapter 17A. However, such
14proceedings must be instituted in the district court of the
15county in which the violation or one of the violations occurred
16and within thirty days of the day on which the employer was
17notified that an assessment has been rendered. Also, an
18employer may be required, at the discretion of the district
19court and upon instituting such proceedings, to deposit the
20amount assessed with the clerk of the district court. Any
21moneys so deposited shall either be returned to the employer
22or be forwarded to the commissioner director for deposit in
23the general fund of the state, depending on the outcome of the
24judicial review, including any appeal to the supreme court.
255. After the time for seeking judicial review has expired
26or after all judicial review has been exhausted and the
27commissioner’s director’s assessment has been upheld, the
28commissioner director shall request the attorney general to
29recover the assessed penalties in a civil action.
30 Sec. 1864. Section 91A.15, subsection 2, paragraph b, Code
312023, is amended to read as follows:
32b. The franchisor has been found by the commissioner
33 director to have exercised a type or degree of control over
34the franchisee or the franchisee’s employees that is not
35customarily exercised by a franchisor for the purpose of
-1110-1protecting the franchisor’s trademarks and brand.
2 Sec. 1865. Section 91C.1, Code 2023, is amended to read as
3follows:
491C.1 Definition — exemption — combined registration and
5licensing process for plumbers and mechanical professionals.
61. As used in this chapter, unless the context otherwise
7requires, “contractor”:
8a. “Contractor”means a person who engages in the business
9of construction, as the term “construction” is defined in the
10Iowa administrative code for purposes of chapter 96, the Iowa
11employment security law. However, a person who earns less than
12two thousand dollars annually or who performs work or has work
13performed on the person’s own property is not a contractor for
14purposes of this chapter.
15b. “Department” means the department of inspections,
16appeals, and licensing.
17c. “Director” means the director of the department of
18inspections, appeals, and licensing.
192. The state, its boards, commissions, agencies,
20departments, and its political subdivisions including school
21districts and other special purpose districts, are not
22contractors for purposes of this chapter.
232. 3. If a contractor’s registration application shows
24that the contractor is self-employed, does not pay more than
25two thousand dollars annually to employ other persons in the
26business, and does not work with or for other contractors in
27the same phases of construction, the contractor is exempt from
28the fee requirements under this chapter.
293. 4. a. The labor services division of the department of
30workforce development and the Iowa department of public health
31will work with stakeholders to develop a plan to combine the
32contractor registration and contractor licensing application
33process for contractors licensed under chapter 105, to be
34implemented in time for licensing renewals due July 1, 2017.
35Effective July 1, 2017, a A contractor licensed under chapter
-1111-1105 shall register as a contractor under this chapter in
2conjunction with the contractor licensing process established
3by the department. At no cost to the labor services division,
4the The department of public health shall collect both the
5registration and licensing applications as part of one combined
6application. The labor commissioner director shall design
7the contractor registration application form to exclude
8from the division of labor services’ department’s contractor
9registration application process those contractors who are also
10covered by chapter 105. The labor commissioner director is
11authorized to adopt rules as needed to accomplish a merger of
12the application systems including transitional registration
13periods and fees.
14b. Effective July 1, 2017, excluding registrations by
15contractors that are exempt from the registration fee pursuant
16to this section, the department of public health shall collect
17and transfer to the labor services division a portion of each
18contractor license fee equal to three times the contractor
19registration fee for each three-year license or a prorated
20portion thereof using a one-sixth deduction for each six-month
21period of the renewal cycle.
22 Sec. 1866. Section 91C.2, Code 2023, is amended to read as
23follows:
2491C.2 Registration required — conditions.
25A contractor doing business in this state shall register
26with the labor commissioner director and shall meet all of the
27following requirements as a condition of registration:
281. The contractor shall be in compliance with the laws of
29this state relating to workers’ compensation insurance and
30shall provide evidence of workers’ compensation insurance
31coverage annually, of relief from the insurance requirement
32pursuant to section 87.11, or a statement that the contractor
33is not required to carry workers’ compensation coverage.
34Notice of a policy’s cancellation shall be provided to the
35labor commissioner director by the insurance company.
-1112- 12. The contractor shall possess an employer account number
2or a special contractor number issued by the department
3of workforce development pursuant to chapter 96, the Iowa
4employment security law.
53. An out-of-state contractor shall either file a surety
6bond, as provided in section 91C.7, with the division of labor
7services department in the amount of twenty-five thousand
8dollars or shall provide a statement to the division of labor
9services department that the contractor is prequalified to bid
10on projects for the department of transportation pursuant to
11section 314.1.
12 Sec. 1867. Section 91C.3, subsection 1, unnumbered
13paragraph 1, Code 2023, is amended to read as follows:
14The registration application shall be in the form prescribed
15by the labor commissioner director, shall be accompanied by
16the registration fee prescribed pursuant to section 91C.4, and
17shall contain information which is substantially complete and
18accurate. In addition to the information determined by the
19labor commissioner director to be necessary for purposes of
20section 91C.2, the application shall include information as to
21each of the following:
22 Sec. 1868. Section 91C.3, subsection 2, Code 2023, is
23amended to read as follows:
242. Any change in the information provided shall be reported
25promptly to the labor commissioner director.
26 Sec. 1869. Section 91C.4, Code 2023, is amended to read as
27follows:
2891C.4 Fees.
29The labor commissioner director shall prescribe the fee for
30registration, which fee shall not exceed fifty dollars every
31year.
32 Sec. 1870. Section 91C.5, Code 2023, is amended to read as
33follows:
3491C.5 Public registration number — records — revocation.
351. The labor commissioner director shall issue to each
-1113-1registered contractor an identifying public registration
2number and shall compile records showing the names and public
3registration numbers of all contractors registered in the
4state. These records and the complete registration information
5provided by each contractor are public records and the labor
6commissioner director shall take steps as necessary to
7facilitate access to the information by governmental agencies
8and the general public.
92. The labor commissioner director shall revoke a
10registration number when the contractor fails to maintain
11compliance with the conditions necessary to obtain a
12registration. The labor commissioner director shall provide
13a fact-finding interview to assure that the contractor is not
14in compliance before revoking any registration. Hearings on
15revocation of registrations shall be held in accordance with
16section 91C.8.
17 Sec. 1871. Section 91C.6, Code 2023, is amended to read as
18follows:
1991C.6 Rules.
20The labor commissioner director shall adopt rules, pursuant
21to chapter 17A, determined to be reasonably necessary for
22phasing in, administering, and enforcing the system of
23contractor registration established by this chapter.
24 Sec. 1872. Section 91C.7, Code 2023, is amended to read as
25follows:
2691C.7 Contracts — contractor’s bond.
271. A contractor who is not registered with the labor
28commissioner director as required by this chapter shall not be
29awarded a contract to perform work for the state or an agency
30of the state.
312. A surety bond filed pursuant to section 91C.2 shall
32be executed by a surety company authorized to do business in
33this state, and the bond shall be continuous in nature until
34canceled by the surety with not less than thirty days’ written
35notice to the contractor and to the division of labor services
-1114-1of the department of workforce development indicating the
2surety’s desire to cancel the bond. The surety company shall
3not be liable under the bond for any contract commenced after
4the cancellation of the bond. The division of labor services
5of the department of workforce development may increase the
6bond amount after a hearing.
73. Release of the bond shall be conditioned upon the
8payment of all taxes, including contributions due under
9the unemployment compensation insurance system, penalties,
10interest, and related fees, which may accrue to the state
11of Iowa. If at any time during the term of the bond,
12the department of revenue or the department of workforce
13development determines that the amount of the bond is not
14sufficient to cover the tax liabilities accruing to the state
15of Iowa, the labor commissioner director shall require the bond
16to be increased by an amount the labor commissioner director
17 deems sufficient to cover the tax liabilities accrued and
18accruing.
194. The department of revenue and the department of workforce
20development shall adopt rules for the collection of the
21forfeiture. Notice shall be provided to the surety and to
22the contractor. Notice to the contractor shall be mailed to
23the contractor’s last known address and to the contractor’s
24registered agent for service of process, if any, within the
25state. The contractor or surety shall have the opportunity to
26apply to the director of revenue for a hearing within thirty
27days after the giving of such notice. Upon the failure to
28timely request a hearing, the bond shall be forfeited. If,
29after the hearing upon timely request, the department of
30revenue or the department of workforce development finds
31that the contractor has failed to pay the total of all taxes
32payable, the department of revenue or the department of
33workforce development shall order the bond forfeited. The
34amount of the forfeiture shall be the amount of taxes payable
35or the amount of the bond, whichever is less. For purposes of
-1115-1this section “taxes payable” means all tax, penalties, interest,
2and fees that the department of revenue has previously
3determined to be due to the state by assessment or in an appeal
4of an assessment, including contributions to the unemployment
5compensation insurance system.
65. If it is determined that this section may cause denial
7of federal funds which would otherwise be available, or is
8otherwise inconsistent with requirements of federal law, this
9section shall be suspended, but only to the extent necessary to
10prevent denial of the funds or to eliminate the inconsistency
11with federal requirements.
126. The bond required by this section may be attached by the
13commissioner director for collection of fees and penalties due
14to the division.
15 Sec. 1873. Section 91C.8, Code 2023, is amended to read as
16follows:
1791C.8 Investigations — enforcement — administrative
18penalties.
191. The labor commissioner director and inspectors of the
20division of labor services of the department of workforce
21development have jurisdiction for investigation and enforcement
22in cases where contractors may be in violation of the
23requirements of this chapter or rules adopted pursuant to this
24chapter.
252. If, upon investigation, the labor commissioner director
26 or the commissioner’s director’s authorized representative
27believes that a contractor has violated any of the following,
28the commissioner director shall with reasonable promptness
29issue a citation to the contractor:
30a. The requirement that a contractor be registered.
31b. The requirement that the contractor’s registration
32information be substantially complete and accurate.
33c. The requirement that an out-of-state contractor file a
34bond with the division of labor services department.
353. Each citation shall be in writing and shall describe
-1116-1with particularity the nature of the violation, including a
2reference to the provision of the statute alleged to have been
3violated.
44. If a citation is issued, the commissioner director shall,
5within seven days, notify the contractor by service in the
6same manner as an original notice or by certified mail of the
7administrative penalty, if any, proposed to be assessed and
8that the contractor has fifteen working days within which to
9notify the commissioner director that the contractor wishes to
10contest the citation or proposed assessment of penalty.
115. The administrative penalties which may be imposed under
12this section shall be not more than five hundred dollars
13in the case of a first violation and not more than five
14thousand dollars for each violation in the case of a second or
15subsequent violation. All administrative penalties collected
16pursuant to this chapter shall be deposited in the general fund
17of the state.
186. If, within fifteen working days from the receipt of
19the notice, the contractor fails to notify the commissioner
20 director that the contractor intends to contest the citation
21or proposed assessment of penalty, the citation and the
22assessment, as proposed, shall be deemed a final order of the
23employment appeal board and not subject to review by any court
24or agency.
257. If the contractor notifies the commissioner director
26 that the contractor intends to contest the citation or proposed
27assessment of penalty, the commissioner director shall
28immediately advise the employment appeal board established by
29section 10A.601. The employment appeal board shall review the
30action of the commissioner director and shall thereafter issue
31an order, based on findings of fact, affirming, modifying, or
32vacating the commissioner’s director’s citation or proposed
33penalty or directing other appropriate relief, and the order
34shall become final sixty days after its issuance.
358. The labor commissioner director shall notify the
-1117-1department of revenue upon final agency action regarding
2the citation and assessment of penalty against a registered
3contractor.
49. Judicial review of any order of the employment appeal
5board issued pursuant to this section may be sought in
6accordance with the terms of chapter 17A. If no petition
7for judicial review is filed within sixty days after service
8of the order of the employment appeal board, the appeal
9board’s findings of fact and order shall be conclusive in
10connection with any petition for enforcement which is filed
11by the commissioner director after the expiration of the
12sixty-day period. In any such case, the clerk of court, unless
13otherwise ordered by the court, shall forthwith enter a decree
14enforcing the order and shall transmit a copy of the decree to
15the employment appeal board and the contractor named in the
16petition.
17 Sec. 1874. Section 91C.9, subsection 1, Code 2023, is
18amended to read as follows:
191. A contractor registration revolving fund is created in
20the state treasury. The revolving fund shall be administered
21by the commissioner director and shall consist of moneys
22collected by the commissioner director as fees. The
23commissioner director shall remit all fees collected pursuant
24to this chapter to the revolving fund. The moneys in the
25revolving fund are appropriated to and shall be used by the
26commissioner director to pay the actual costs and expenses
27necessary to perform the duties of the commissioner director
28 and the division of labor services department as described in
29this chapter. All salaries and expenses properly chargeable to
30the revolving fund shall be paid from the revolving fund.
31 Sec. 1875. Section 91D.1, subsection 1, paragraph c, Code
322023, is amended to read as follows:
33c. For purposes of determining whether an employee of a
34restaurant, hotel, motel, inn, or cabin, who customarily and
35regularly receives more than thirty dollars a month in tips
-1118-1is receiving the minimum hourly wage rate prescribed by this
2section, the amount paid the employee by the employer shall
3be deemed to be increased on account of the tips by an amount
4determined by the employer, not to exceed forty percent of
5the applicable minimum wage. An employee may file a written
6appeal with the labor commissioner director of the department
7of inspections, appeals, and licensing if the amount of tips
8received by the employee is less than the amount determined by
9the employer under this subsection.
10 Sec. 1876. Section 91D.1, subsection 3, paragraph b,
11subparagraph (2), Code 2023, is amended to read as follows:
12(2) The franchisor has been found by the labor commissioner
13 director to have exercised a type or degree of control over
14the franchisee or the franchisee’s employees that is not
15customarily exercised by a franchisor for the purpose of
16protecting the franchisor’s trademarks and brand.
17 Sec. 1877. Section 91D.1, subsection 5, Code 2023, is
18amended to read as follows:
195. The labor commissioner director shall adopt rules to
20implement and administer this section.
21 Sec. 1878. Section 91E.1, subsection 1, Code 2023, is
22amended by striking the subsection and inserting in lieu
23thereof the following:
241. “Director” means the director of the department of
25inspections, appeals, and licensing.
26 Sec. 1879. Section 91E.2, subsection 1, paragraph b, Code
272023, is amended to read as follows:
28b. If a Spanish-speaking interpreter is needed, the employer
29shall select an interpreter from a list of interpreters
30developed by the department of workforce development
31 inspections, appeals, and licensing.
32 Sec. 1880. Section 91E.5, Code 2023, is amended to read as
33follows:
3491E.5 Duties and authority of the commissioner director.
351. The commissioner director shall adopt rules to implement
-1119-1and enforce this chapter and shall provide further exemptions
2from the provisions of this chapter where reasonable.
32. In order to carry out the purposes of this chapter,
4the commissioner director or the commissioner’s director’s
5 representative, upon presenting appropriate credentials to the
6owner, operator, or agent in charge, may:
7a. Inspect employment records relating to the total number
8of employees and non-English speaking employees, and the
9services provided to non-English speaking employees.
10b. Interview an employer, owner, operator, agent, or
11employee, during working hours or at other reasonable times.
12 Sec. 1881. Section 92.1, Code 2023, is amended to read as
13follows:
1492.1 Street occupations — migratory labor.
151. No person under ten years of age shall be employed or
16permitted to work with or without compensation at any time
17within this state in street occupations of peddling, shoe
18polishing, the distribution or sale of newspapers, magazines,
19periodicals or circulars, nor in any other occupations in any
20street or public place. The labor commissioner director shall,
21when ordered by a judge of the juvenile court, issue a work
22permit as provided in this chapter to a person under ten years
23of age.
242. No person under twelve years of age shall be employed
25or permitted to work with or without compensation at any time
26within this state in connection with migratory labor, except
27that the labor commissioner director may upon sufficient
28showing by a judge of the juvenile court, issue a work permit
29as provided in this chapter to a person under twelve years of
30age.
31 Sec. 1882. NEW SECTION. 92.1B Definition.
32For purposes of this chapter, “director” means the director
33of the department of inspections, appeals, and licensing.
34 Sec. 1883. Section 92.4, subsection 1, Code 2023, is amended
35to read as follows:
-1120- 11. Those persons legally out of school, if such status
2is verified by the submission of written proof to the labor
3commissioner director.
4 Sec. 1884. Section 92.6, subsection 1, paragraph g, Code
52023, is amended to read as follows:
6g. Occupations prohibited by rules adopted pursuant to
7chapter 17A by the labor commissioner director.
8 Sec. 1885. Section 92.8, subsection 21, Code 2023, is
9amended to read as follows:
1021. Occupations prohibited by rules adopted pursuant to
11chapter 17A by the labor commissioner director.
12 Sec. 1886. Section 92.11, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14A work permit, except for migrant laborers, shall be issued
15only by the labor commissioner director upon the application of
16the parent, guardian, or custodian of the child desiring such
17permit. The application shall include the following:
18 Sec. 1887. Section 92.12, subsections 2 and 3, Code 2023,
19are amended to read as follows:
202. Work permits for migrant workers shall be issued by the
21labor commissioner director upon application of the parent or
22head of the migrant family. The application shall include
23documentation of proof of age as described in section 92.11,
24subsection 2.
253. One copy of the permit issued shall be given to the
26employer to be kept on file for the length of employment and
27upon termination of employment shall be returned to the labor
28commissioner director. The blank forms for the application
29for a work permit for migratory workers and the work permit
30for migratory workers shall be formulated by the commissioner
31 director.
32 Sec. 1888. Section 92.13, Code 2023, is amended to read as
33follows:
3492.13 Optional refusal of permit.
35The labor commissioner director may refuse to grant a
-1121-1permit if, in the commissioner’s director’s judgment, the best
2interests of the minor would be served by such refusal and the
3commissioner director shall keep a record of such refusals, and
4the reasons therefor.
5 Sec. 1889. Section 92.15, Code 2023, is amended to read as
6follows:
792.15 Application to labor commissioner director.
8An application for a work permit pursuant to section 92.11
9or section 92.12 shall be submitted to the office of the labor
10commissioner director within three days after the child begins
11work.
12 Sec. 1890. Section 92.16, Code 2023, is amended to read as
13follows:
1492.16 Forms for permits formulated.
15The proper forms for the application for a work permit,
16the work permit, the certificate of age, and the physician’s
17certificate shall be formulated by the labor commissioner
18 director.
19 Sec. 1891. Section 92.21, Code 2023, is amended to read as
20follows:
2192.21 Rules and orders of labor commissioner director.
221. The labor commissioner director may adopt rules pursuant
23to chapter 17A to more specifically define the occupations
24and equipment permitted or prohibited in this chapter, to
25determine occupations for which work permits are required, and
26to issue general and special orders prohibiting or allowing
27the employment of persons under eighteen years of age in any
28place of employment defined in this chapter as hazardous to the
29health, safety, and welfare of the persons.
302. The labor commissioner director shall adopt rules
31pursuant to chapter 17A specifically defining the civil penalty
32amount to be assessed for violations of this chapter.
33 Sec. 1892. Section 92.22, Code 2023, is amended to read as
34follows:
3592.22 Labor commissioner Director to enforce — civil penalty
-1122-1— judicial review.
21. The labor commissioner director shall enforce this
3chapter. An employer who violates this chapter or the rules
4adopted pursuant to this chapter is subject to a civil penalty
5of not more than ten thousand dollars for each violation.
62. The commissioner director shall notify the employer
7of a proposed civil penalty by service in the same manner as
8an original notice or by certified mail. If, within fifteen
9working days from the receipt of the notice, the employer fails
10to file a notice of contest in accordance with rules adopted by
11the commissioner director pursuant to chapter 17A, the penalty,
12as proposed, shall be deemed final agency action for purposes
13of judicial review.
143. The commissioner director shall notify the department of
15revenue upon final agency action regarding the assessment of a
16penalty against an employer. Interest shall be calculated from
17the date of final agency action.
184. Judicial review of final agency action pursuant to
19this section may be sought in accordance with the terms of
20section 17A.19. If no petition for judicial review is filed
21within sixty days after service of the final agency action
22of the commissioner director, the commissioner’s director’s
23 findings of fact and final agency action shall be conclusive in
24connection with any petition for enforcement which is filed by
25the commissioner director after the expiration of the sixty-day
26period. In any such case, the clerk of court, unless otherwise
27ordered by the court, shall forthwith enter a decree enforcing
28the final agency action and shall transmit a copy of the decree
29to the commissioner director and the employer named in the
30petition.
315. Any penalties recovered pursuant to this section shall be
32remitted by the commissioner director to the treasurer of state
33for deposit in the general fund of the state.
346. Mayors and police officers, sheriffs, school
35superintendents, and school truant and attendance officers,
-1123-1within their several jurisdictions, shall cooperate in the
2enforcement of this chapter and furnish the commissioner
3 director and the commissioner’s director’s designees with all
4information coming to their knowledge regarding violations of
5this chapter. All such officers and any person authorized in
6writing by a court of record shall have the authority to enter,
7for the purpose of investigation, any of the establishments and
8places mentioned in this chapter and to freely question any
9person therein as to any violations of this chapter.
107. County attorneys shall investigate all complaints made
11to them of violations of this chapter, and prosecute all such
12cases of violation within their respective counties.
13 Sec. 1893. Section 96.1A, subsection 23, Code 2023, is
14amended to read as follows:
1523. “Hospital” means an institution which has been licensed,
16certified, or approved by the department of inspections, and
17 appeals, and licensing as a hospital.
18 Sec. 1894. Section 97B.20A, Code 2023, is amended to read
19as follows:
2097B.20A Appeal procedure.
21Members and third-party payees may appeal any decision made
22by the system that affects their rights under this chapter.
23The appeal shall be filed with the system within thirty days
24after the notification of the decision was mailed to the
25party’s last known mailing address, or the decision of the
26system is final. If the party appeals the decision of the
27system, the system shall conduct an internal review of the
28decision and the chief executive officer shall notify the
29individual who has filed the appeal in writing of the system’s
30decision. The individual who has filed the appeal may file an
31appeal of the system’s final decision with the system under
32chapter 17A by notifying the system of the appeal in writing
33within thirty days after the notification of its final decision
34was mailed to the party’s last known mailing address. Once
35notified, the system shall forward the appeal to the department
-1124-1of inspections, and appeals, and licensing.
2 Sec. 1895. Section 97B.20B, Code 2023, is amended to read
3as follows:
497B.20B Hearing by administrative law judge.
5If an appeal is filed and is not withdrawn, an administrative
6law judge in the department of inspections, and appeals, and
7licensing, after affording the parties reasonable opportunity
8for fair hearing, shall affirm, modify, or reverse the
9decision of the system. The hearing shall be recorded by
10mechanical means and a transcript of the hearing shall be
11made. The transcript shall then be made available for use by
12the employment appeal board and by the courts at subsequent
13judicial review proceedings under the Iowa administrative
14procedure Act, chapter 17A, if any. The parties shall be duly
15notified of the administrative law judge’s decision, together
16with the administrative law judge’s reasons. The decision is
17final unless, within thirty days after the date of notification
18or mailing of the decision, review by the employment appeal
19board is initiated pursuant to section 97B.27.
20 Sec. 1896. Section 97B.27, Code 2023, is amended to read as
21follows:
2297B.27 Review of decision.
23Anyone aggrieved by the decision of the administrative law
24judge may, at any time before the administrative law judge’s
25decision becomes final, petition the department of inspections,
26 and appeals, and licensing for review by the employment appeal
27board established in section 10A.601. The appeal board shall
28review the record made before the administrative law judge, but
29no additional evidence shall be heard. On the basis of the
30record the appeal board shall affirm, modify, or reverse the
31decision of the administrative law judge and shall determine
32the rights of the appellant. It shall promptly notify the
33appellant and any other interested party by written decision.
34 Sec. 1897. Section 99B.1, subsection 13, Code 2023, is
35amended to read as follows:
-1125- 113. “Department” means the department of inspections, and
2 appeals, and licensing.
3 Sec. 1898. Section 99B.6, Code 2023, is amended to read as
4follows:
599B.6 Attorney general and county attorney — prosecution.
6Upon request of the department of inspections, and appeals,
7and licensing or the division of criminal investigation of
8the department of public safety, the attorney general shall
9institute in the name of the state the proper proceedings
10against a person charged by either department with violating
11this chapter, and a county attorney, at the request of the
12attorney general, shall appear and prosecute an action when
13brought in the county attorney’s county.
14 Sec. 1899. Section 99B.7, Code 2023, is amended to read as
15follows:
1699B.7 Division of criminal investigation.
17The division of criminal investigation of the department of
18public safety may investigate to determine licensee compliance
19with the requirements of this chapter. Investigations may be
20conducted either on the criminal investigation division’s own
21initiative or at the request of the department of inspections,
22 and appeals, and licensing. The criminal investigation
23division and the department of inspections, and appeals, and
24licensing shall cooperate to the maximum extent possible on an
25investigation.
26 Sec. 1900. Section 99B.58, Code 2023, is amended to read as
27follows:
2899B.58 Electrical or mechanical amusement devices — special
29fund.
30Fees collected by the department pursuant to sections 99B.53
31and 99B.56 shall be deposited in a special fund created in
32the state treasury. Moneys in the fund are appropriated to
33the department of inspections, and appeals, and licensing
34 and the department of public safety for administration and
35enforcement of this subchapter, including employment of
-1126-1necessary personnel. The distribution of moneys in the fund to
2the department of inspections, and appeals, and licensing and
3the department of public safety shall be pursuant to a written
4policy agreed upon by the departments. Notwithstanding section
512C.7, subsection 2, interest or earnings on moneys deposited
6in the fund shall be credited to the fund. Notwithstanding
7section 8.33, moneys remaining in the fund at the end of a
8fiscal year shall not revert to the general fund of the state.
9 Sec. 1901. Section 99D.5, subsection 1, Code 2023, is
10amended to read as follows:
111. A state racing and gaming commission is created within
12the department of inspections, and appeals, and licensing
13 consisting of five members who shall be appointed by the
14governor subject to confirmation by the senate, and who shall
15serve not to exceed a three-year term at the pleasure of the
16governor. The term of each member shall begin and end as
17provided in section 69.19.
18 Sec. 1902. Section 99F.4B, Code 2023, is amended to read as
19follows:
2099F.4B Rules.
21The department of inspections, and appeals, and licensing
22 shall cooperate to the maximum extent possible with the
23division of criminal investigation in adopting rules relating
24to the gaming operations in this chapter and chapters 99D and
2599E.
26 Sec. 1903. Section 99F.20, subsection 1, Code 2023, is
27amended to read as follows:
281. A gaming regulatory revolving fund is created in
29the state treasury under the control of the department of
30inspections, and appeals, and licensing. The fund shall
31consist of fees collected and deposited into the fund paid
32by licensees pursuant to section 99D.14, subsection 2,
33paragraph “c”, fees paid by licensees pursuant to section
3499E.5, subsection 4, paragraph “c”, regulatory fees paid by
35licensees pursuant to section 99F.4, subsection 27, and fees
-1127-1paid by licensees pursuant to section 99F.10, subsection 4,
2paragraph “c”. All costs relating to racetrack, excursion
3boat, gambling structure, internet fantasy sports contests as
4defined in section 99E.1, and sports wagering regulation shall
5be paid from the fund as provided in appropriations made for
6this purpose by the general assembly. The department shall
7provide quarterly reports to the department of management and
8the legislative services agency specifying revenues billed
9and collected and expenditures from the fund in a format as
10determined by the department of management in consultation with
11the legislative services agency.
12 Sec. 1904. Section 123.3, subsection 23, Code 2023, is
13amended to read as follows:
1423. “Hotel” or “motel” means premises licensed by the
15department of inspections, and appeals, and licensing and
16regularly or seasonally kept open in a bona fide manner for the
17lodging of transient guests, and with twenty or more sleeping
18rooms.
19 Sec. 1905. Section 123.10, subsection 15, Code 2023, is
20amended to read as follows:
2115. Prescribing the uniform fee, not to exceed one hundred
22dollars, to be assessed against a licensee or permittee for
23a contested case hearing conducted by the division or by an
24administrative law judge from the department of inspections,
25 and appeals, and licensing which results in administrative
26action taken against the licensee or permittee by the division.
27 Sec. 1906. Section 123.17, subsection 4, Code 2023, is
28amended to read as follows:
294. The treasurer of state shall, each quarter, prepare
30an estimate of the gaming revenues and of the moneys to be
31deposited in the beer and liquor control fund that will become
32available during the remainder of the appropriate fiscal year
33for the purposes described in subsection 3. The department
34of management, the department of inspections, and appeals,
35and licensing, and the department of commerce shall take
-1128-1appropriate actions to provide that the sum of the amount of
2gaming revenues available to be deposited into the revenue
3bonds debt service fund and the revenue bonds federal subsidy
4holdback fund during a fiscal year and the amount of moneys to
5be deposited in the beer and liquor control fund available to
6be deposited into the revenue bonds debt service fund and the
7revenue bonds federal subsidy holdback fund during such fiscal
8year will be sufficient to cover any anticipated deficiencies.
9 Sec. 1907. Section 123.30, subsection 1, paragraph b, Code
102023, is amended to read as follows:
11b. As a condition for issuance of a retail alcohol license
12or wine or beer permit, the applicant must give consent
13to members of the fire, police, and health departments and
14the building inspector of cities; the county sheriff or
15deputy sheriff; members of the department of public safety;
16representatives of the division and of the department of
17inspections, and appeals, and licensing; certified police
18officers; and any official county health officer to enter upon
19areas of the premises where alcoholic beverages are stored,
20served, or sold, without a warrant during business hours of
21the licensee or permittee to inspect for violations of this
22chapter or ordinances and regulations that cities and boards
23of supervisors may adopt. However, a subpoena issued under
24section 421.17 or a warrant is required for inspection of
25private records, a private business office, or attached living
26quarters. Persons who are not certified peace officers shall
27limit the scope of their inspections of licensed premises
28to the regulatory authority under which the inspection is
29conducted. All persons who enter upon a licensed premises to
30conduct an inspection shall present appropriate identification
31to the owner of the establishment or the person who appears
32to be in charge of the establishment prior to commencing
33an inspection; however, this provision does not apply to
34undercover criminal investigations conducted by peace officers.
35 Sec. 1908. Section 123.32, subsection 6, paragraph b, Code
-1129-12023, is amended to read as follows:
2b. Upon receipt of an application having been approved by
3the local authority, the division shall make an investigation
4as the administrator deems necessary to determine that the
5applicant complies with all requirements for holding a license,
6and may require the applicant to appear to be examined under
7oath to demonstrate that the applicant complies with all of the
8requirements to hold a license. If the administrator requires
9the applicant to appear and to testify under oath, a record
10shall be made of all testimony or evidence and the record
11shall become a part of the application. The administrator
12may appoint a member of the division or may request an
13administrative law judge of the department of inspections, and
14 appeals, and licensing to receive the testimony under oath
15and evidence, and to issue a proposed decision to approve or
16disapprove the application for a license. The administrator
17may affirm, reverse, or modify the proposed decision to
18approve or disapprove the application for the license. If
19the application is approved by the administrator, the license
20shall be issued. If the application is disapproved by the
21administrator, the applicant shall be so notified by certified
22mail or personal service and the appropriate local authority
23shall be notified electronically, or in a manner prescribed by
24the administrator.
25 Sec. 1909. Section 123.32, subsections 7 and 9, Code 2023,
26are amended to read as follows:
277. Appeal to administrator. An applicant for a retail
28alcohol license may appeal from the local authority’s
29disapproval of an application for a license or permit to the
30administrator. In the appeal the applicant shall be allowed
31the opportunity to demonstrate in an evidentiary hearing
32conducted pursuant to chapter 17A that the applicant complies
33with all of the requirements for holding the license or permit.
34The administrator may appoint a member of the division or
35may request an administrative law judge from the department
-1130-1of inspections, and appeals, and licensing to conduct the
2evidentiary hearing and to render a proposed decision to
3approve or disapprove the issuance of the license or permit.
4The administrator may affirm, reverse, or modify the proposed
5decision. If the administrator determines that the applicant
6complies with all of the requirements for holding a license
7or permit, the administrator shall order the issuance of the
8license or permit. If the administrator determines that the
9applicant does not comply with the requirements for holding
10a license or permit, the administrator shall disapprove the
11issuance of the license or permit.
129. Suspension by local authority. A retail alcohol licensee
13whose license has been suspended or revoked or a civil penalty
14imposed by a local authority for a violation of this chapter
15or suspended by a local authority for violation of a local
16ordinance may appeal the suspension, revocation, or civil
17penalty to the administrator. The administrator may appoint
18a member of the division or may request an administrative
19law judge from the department of inspections, and appeals,
20and licensing to hear the appeal which shall be conducted in
21accordance with chapter 17A and to issue a proposed decision.
22The administrator may review the proposed decision upon the
23motion of a party to the appeal or upon the administrator’s
24own motion in accordance with chapter 17A. Upon review of the
25proposed decision, the administrator may affirm, reverse, or
26modify the proposed decision. A retail alcohol licensee or a
27local authority aggrieved by a decision of the administrator
28may seek judicial review of the decision pursuant to chapter
2917A.
30 Sec. 1910. Section 123.39, subsection 1, paragraph e, Code
312023, is amended to read as follows:
32e. Before suspension, revocation, or imposition of a
33civil penalty by the administrator, the license, permit,
34or certificate holder shall be given written notice and an
35opportunity for a hearing. The administrator may appoint
-1131-1a member of the division or may request an administrative
2law judge from the department of inspections, and appeals,
3and licensing to conduct the hearing and issue a proposed
4decision. Upon the motion of a party to the hearing or
5upon the administrator’s own motion, the administrator may
6review the proposed decision in accordance with chapter 17A.
7 Upon review of the proposed decision, the administrator may
8affirm, reverse, or modify the proposed decision. A license,
9permit, or certificate holder aggrieved by a decision of the
10administrator may seek judicial review of the administrator’s
11decision in accordance with chapter 17A.
12 Sec. 1911. Section 125.18, Code 2023, is amended to read as
13follows:
14125.18 Hearing before board.
15If a licensee under this chapter makes a written request
16for a hearing within thirty days of suspension, revocation, or
17refusal to renew a license, a hearing before the board shall
18be expeditiously arranged by the department of inspections,
19 and appeals, and licensing whose decision is subject to review
20by the board. The board shall issue a written statement of
21the board’s findings within thirty days after conclusion of
22the hearing upholding or reversing the proposed suspension,
23revocation, or refusal to renew a license. Action involving
24suspension, revocation, or refusal to renew a license shall
25not be taken by the board unless a quorum is present at the
26meeting. A copy of the board’s decision shall be promptly
27transmitted to the affected licensee who may, if aggrieved by
28the decision, seek judicial review of the actions of the board
29in accordance with the terms of chapter 17A.
30 Sec. 1912. Section 135.11, subsection 10, Code 2023, is
31amended to read as follows:
3210. Enforce the law relative to chapter 146 and
33“Health-related Professions”, Title IV, subtitle 3, excluding
34chapter 155.
35 Sec. 1913. Section 135.16A, subsection 1, paragraph d, Code
-1132-12023, is amended to read as follows:
2d. “Grocery store” means a food establishment as defined
3in section 137F.1 licensed by the department of inspections,
4 and appeals, and licensing pursuant to section 137F.4, to sell
5food or food products to customers intended for preparation or
6consumption off premises.
7 Sec. 1914. Section 135.16A, subsection 2, paragraph a, Code
82023, is amended to read as follows:
9a. The department of inspections, and appeals, and licensing
10 shall assist the Iowa department of public health in adopting
11rules necessary to implement and administer this section.
12 Sec. 1915. Section 135.63, subsection 2, paragraph g,
13subparagraph (1), subparagraph division (a), Code 2023, is
14amended to read as follows:
15(a) The institutional health facility reports to the
16department the number and type of beds reduced on a form
17prescribed by the department at least thirty days before the
18reduction. In the case of a health care facility, the new bed
19total must be consistent with the number of licensed beds at
20the facility. In the case of a hospital, the number of beds
21must be consistent with bed totals reported to the department
22of inspections, and appeals, and licensing for purposes of
23licensure and certification.
24 Sec. 1916. Section 135B.1, subsection 1, Code 2023, is
25amended to read as follows:
261. “Department” means the department of inspections, and
27 appeals, and licensing.
28 Sec. 1917. Section 135C.1, subsections 4, 6, and 20, Code
292023, are amended to read as follows:
304. “Department” means the department of inspections, and
31 appeals, and licensing.
326. “Director” means the director of the department of
33inspections, and appeals, and licensing, or the director’s
34designee.
3520. “Residential care facility” means any institution,
-1133-1place, building, or agency providing for a period exceeding
2twenty-four consecutive hours accommodation, board, personal
3assistance and other essential daily living activities to
4three or more individuals, not related to the administrator or
5owner thereof within the third degree of consanguinity, who by
6reason of illness, disease, or physical or mental infirmity
7are unable to sufficiently or properly care for themselves but
8who do not require the services of a registered or licensed
9practical nurse except on an emergency basis or who by reason
10of illness, disease, or physical or mental infirmity are unable
11to sufficiently or properly care for themselves but who do not
12require the services of a registered or licensed practical
13nurse except on an emergency basis if home and community-based
14services, other than nursing care, as defined by this chapter
15and departmental rule, are provided. For the purposes of
16this definition, the home and community-based services to be
17provided are limited to the type included under the medical
18assistance program provided pursuant to chapter 249A, are
19subject to cost limitations established by the department of
20human services under the medical assistance program, and except
21as otherwise provided by the department of inspections, and
22 appeals, and licensing with the concurrence of the department
23of human services, are limited in capacity to the number of
24licensed residential care facilities and the number of licensed
25residential care facility beds in the state as of December 1,
262003.
27 Sec. 1918. Section 135C.4, subsection 3, Code 2023, is
28amended to read as follows:
293. For the purposes of this section, the home and
30community-based services to be provided shall be limited to the
31type included under the medical assistance program provided
32pursuant to chapter 249A, shall be subject to cost limitations
33established by the department of human services under the
34medical assistance program, and except as otherwise provided by
35the department of inspections, and appeals, and licensing with
-1134-1the concurrence of the department of human services, shall be
2limited in capacity to the number of licensed residential care
3facilities and the number of licensed residential care facility
4beds in the state as of December 1, 2003.
5 Sec. 1919. Section 135C.19, subsection 3, Code 2023, is
6amended to read as follows:
73. If the facility cited subsequently advises the
8department of human services that the violation has been
9corrected to the satisfaction of the department of inspections,
10 and appeals, and licensing, the department of human services
11shall maintain this advisory in the same file with the copy
12of the citation. The department of human services shall
13not disseminate to the public any information regarding
14citations issued by the department of inspections, and appeals,
15and licensing, but shall forward or refer inquiries to the
16department of inspections, and appeals, and licensing.
17 Sec. 1920. Section 135C.31A, subsection 1, Code 2023, is
18amended to read as follows:
191. A health care facility shall assist the Iowa department
20of veterans affairs in identifying, upon admission of a
21resident, the resident’s eligibility for benefits through the
22United States department of veterans affairs. The department
23of inspections, and appeals, and licensing, in cooperation
24with the department of human services, shall adopt rules to
25administer this section, including a provision that ensures
26that if a resident is eligible for benefits through the United
27States department of veterans affairs or other third-party
28payor, the payor of last resort for reimbursement to the
29health care facility is the medical assistance program.
30The rules shall also require the health care facility to
31request information from a resident or resident’s personal
32representative regarding the resident’s veteran status and to
33report to the Iowa department of veterans affairs only the
34names of residents identified as potential veterans along with
35the names of their spouses and any dependents. Information
-1135-1reported by the health care facility shall be verified by the
2Iowa department of veterans affairs. This section shall not
3apply to the admission of an individual to a state mental
4health institute for acute psychiatric care or to the admission
5of an individual to the Iowa veterans home.
6 Sec. 1921. Section 135C.31A, subsection 2, paragraph b,
7Code 2023, is amended to read as follows:
8b. The department of inspections, and appeals, and
9licensing, the department of veterans affairs, and the
10department of human services shall identify any barriers
11to residents in accessing such prescription drug benefits
12and shall assist health care facilities in adjusting their
13procedures for medication administration to comply with this
14subsection.
15 Sec. 1922. Section 135C.33, subsection 7, paragraph a, Code
162023, is amended to read as follows:
17a. The department of inspections, and appeals, and
18licensing, in conjunction with other departments and agencies
19of state government involved with criminal history and
20abuse registry information, shall establish a single contact
21repository for facilities and other providers to have
22electronic access to data to perform background checks for
23purposes of employment, as required of the facilities and other
24providers under this section.
25 Sec. 1923. Section 135C.34, Code 2023, is amended to read
26as follows:
27135C.34 Medication aide — certification.
28The department of inspections, and appeals, and licensing,
29in cooperation with other appropriate agencies, shall establish
30a procedure to allow a person who is certified as a medication
31aide in another state to become certified in this state upon
32completion and passage of both the certified nurse aide and
33certified medication aide challenge examinations, without
34additional requirements for certification, including but
35not limited to, required employment in this state prior to
-1136-1certification. The department shall adopt rules pursuant to
2chapter 17A to administer this section.
3 Sec. 1924. Section 135G.1, subsection 2, Code 2023, is
4amended to read as follows:
52. “Department” means the department of inspections, and
6 appeals, and licensing.
7 Sec. 1925. Section 135G.10, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9The department of inspections, and appeals, and licensing
10 and the department of human services shall collaborate
11in establishing standards for licensing of subacute care
12facilities to achieve all of the following objectives:
13 Sec. 1926. Section 135G.10, subsection 3, Code 2023, is
14amended to read as follows:
153. The department of inspections, and appeals, and
16licensing, in consultation with the department of human
17services and affected professional groups, shall adopt and
18enforce rules setting out the standards for a subacute care
19facility and the rights of the residents admitted to a subacute
20care facility. The department of inspections, and appeals, and
21licensing and the department of human services shall coordinate
22the adoption of rules and the enforcement of the rules in order
23to prevent duplication of effort by the departments and of
24requirements of the licensee.
25 Sec. 1927. Section 135G.11, subsection 2, Code 2023, is
26amended to read as follows:
272. Upon receipt of a complaint made in accordance with
28subsection 1, the department shall make a preliminary review
29of the complaint. Unless the department concludes that the
30complaint is intended to harass a subacute care facility or
31a licensee or is without reasonable basis, it shall within
32twenty working days of receipt of the complaint make or cause
33to be made an on-site inspection of the subacute care facility
34which is the subject of the complaint. The department of
35inspections, and appeals, and licensing may refer to the
-1137-1department of human services any complaint received by the
2department of inspections, and appeals, and licensing if the
3complaint applies to rules adopted by the department of human
4services. The complainant shall also be notified of the name,
5address, and telephone number of the designated protection and
6advocacy agency if the alleged violation involves a facility
7with one or more residents with a developmental disability or
8mental illness. In any case, the complainant shall be promptly
9informed of the result of any action taken by the department
10in the matter.
11 Sec. 1928. Section 135H.1, subsection 1, Code 2023, is
12amended to read as follows:
131. “Department” means the department of inspections, and
14 appeals, and licensing.
15 Sec. 1929. Section 135H.10, subsection 1, Code 2023, is
16amended to read as follows:
171. The department of inspections and appeals, in
18consultation with the department of human services and affected
19professional groups, shall adopt and enforce rules setting
20out the standards for a psychiatric medical institution
21for children and the rights of the residents admitted to a
22psychiatric institution. The department of inspections and
23appeals and the department of human services shall coordinate
24the adoption of rules and the enforcement of the rules in order
25to prevent duplication of effort by the departments and of
26requirements of the licensee.
27 Sec. 1930. Section 135H.12, subsection 1, Code 2023, is
28amended to read as follows:
291. Upon receipt of a complaint made in accordance with
30section 135H.11, the department shall make a preliminary review
31of the complaint. Unless the department concludes that the
32complaint is intended to harass a psychiatric institution or a
33licensee or is without reasonable basis, it shall within twenty
34working days of receipt of the complaint make or cause to be
35made an on-site inspection of the psychiatric institution which
-1138-1is the subject of the complaint. The department of inspections
2and appeals may refer to the department of human services any
3complaint received by the department if the complaint applies
4to rules adopted by the department of human services. The
5complainant shall also be notified of the name, address, and
6telephone number of the designated protection and advocacy
7agency if the alleged violation involves a facility with one
8or more residents with developmental disabilities or mental
9illness. In any case, the complainant shall be promptly
10informed of the result of any action taken by the department
11in the matter.
12 Sec. 1931. Section 135J.1, subsection 3, Code 2023, is
13amended to read as follows:
143. “Department” means the department of inspections, and
15 appeals, and licensing.
16 Sec. 1932. Section 135J.2, subsection 2, Code 2023, is
17amended to read as follows:
182. The hospice program shall meet the criteria pursuant
19to section 135J.3 before a license is issued. The department
20of inspections and appeals is responsible to provide the
21necessary personnel to inspect the hospice program, the home
22care and inpatient care provided and the hospital or facility
23used by the hospice to determine if the hospice complies with
24necessary standards before a license is issued. Hospices that
25are certified as Medicare hospice providers by the department
26of inspections and appeals or are accredited as hospices by
27the joint commission on the accreditation of health care
28organizations, shall be licensed without inspection by the
29department of inspections, and appeals, and licensing.
30 Sec. 1933. Section 135J.4, Code 2023, is amended to read as
31follows:
32135J.4 Inspection.
33The department of inspections and appeals shall make or be
34responsible for inspections of the hospice program, the home
35care and the inpatient care provided in the hospice program,
-1139-1and the hospital or facility before a license is issued. The
2department of inspections and appeals shall inspect the hospice
3program periodically after initial inspection.
4 Sec. 1934. Section 135O.1, subsections 1 and 2, Code 2023,
5are amended to read as follows:
61. “Boarding home” means a premises used by its owner
7or lessee for the purpose of letting rooms for rental to
8three or more persons not related within the third degree of
9consanguinity to the owner or lessee where supervision or
10assistance with activities of daily living is provided to such
11persons. A boarding home does not include a facility, home,
12or program otherwise subject to licensure or regulation by the
13department of health and human services, or the department of
14inspections and appeals, or department of public health.
152. “Department” means the department of inspections, and
16 appeals, and licensing.
17 Sec. 1935. Section 135O.2, subsection 2, Code 2023, is
18amended to read as follows:
192. The department of inspections and appeals shall adopt
20rules to administer this chapter in consultation with the
21departments of human services and public safety.
22 Sec. 1936. Section 135O.3, subsection 2, paragraph a, Code
232023, is amended to read as follows:
24a. The interagency approach may involve a multidisciplinary
25team consisting of employees of the department of inspections
26and appeals, the department of human services, the state fire
27marshal, and the division of criminal investigation of the
28department of public safety, or other local, state, and federal
29agencies.
30 Sec. 1937. Section 135O.3, subsection 4, Code 2023, is
31amended to read as follows:
324. If the department or a multidisciplinary team has
33probable cause to believe that a boarding home is in violation
34of this chapter or licensing or other regulatory requirements
35of the department of human services, department of inspections
-1140-1and appeals, or department of public health, or that dependent
2adult abuse of any individual living in a boarding home
3has occurred, and upon producing proper identification, is
4denied entry to the boarding home or access to any individual
5living in the boarding home for the purpose of making an
6inspection or conducting an investigation, the department or
7multidisciplinary team may, with the assistance of the county
8attorney of the county in which the boarding home is located,
9apply to the district court for an order requiring the owner or
10lessee to permit entry to the boarding home and access to the
11individuals living in the boarding home.
12 Sec. 1938. Section 135Q.1, subsection 1, Code 2023, is
13amended to read as follows:
141. “Department” means the department of inspections, and
15 appeals, and licensing.
16 Sec. 1939. Section 137C.2, subsections 2 and 3, Code 2023,
17are amended to read as follows:
182. “Director” means the director of the department of
19inspections, and appeals, and licensing or the director’s
20designee.
213. “Department” means the department of inspections, and
22 appeals, and licensing.
23 Sec. 1940. Section 137D.1, subsection 1, Code 2023, is
24amended to read as follows:
251. “Department” means the department of inspections, and
26 appeals, and licensing.
27 Sec. 1941. Section 137F.1, subsections 4 and 5, Code 2023,
28are amended to read as follows:
294. “Department” means the department of inspections, and
30 appeals, and licensing.
315. “Director” means the director of the department of
32inspections, and appeals, and licensing.
33 Sec. 1942. Section 137F.3A, Code 2023, is amended to read
34as follows:
35137F.3A Municipal corporation inspections — contingent
-1141-1appropriation.
21. a. The department of inspections and appeals may employ
3additional full-time equivalent positions to enforce the
4provisions of this chapter and chapters 137C and 137D, with
5the approval of the department of management, if either of the
6following apply:
7(1) A municipal corporation operating pursuant to a chapter
828E agreement with the department of inspections and appeals
9 to enforce the chapters either fails to renew the agreement
10effective after April 1, 2007, or discontinues, after April
111, 2007, enforcement activities in one or more jurisdictions
12during the agreement time frame.
13(2) The department of inspections and appeals cancels an
14agreement after April 1, 2007, due to noncompliance with the
15terms of the agreement.
16b. Before approval may be given, the director of the
17department of management must have determined that the expenses
18exceed the funds budgeted by the general assembly for food
19inspections to the department of inspections and appeals. The
20department of inspections and appeals may hire no more than one
21full-time equivalent position for each six hundred inspections
22required pursuant to this chapter and chapters 137C and 137D.
232. Notwithstanding chapter 137D, and sections 137C.9 and
24137F.6, if the conditions described in this section are met,
25fees imposed pursuant to that chapter and those sections
26shall be retained by and are appropriated to the department
27of inspections and appeals each fiscal year to provide for
28salaries, support, maintenance, and miscellaneous purposes
29associated with the additional inspections. The appropriation
30made in this subsection is not applicable in a fiscal year for
31which the general assembly enacts an appropriation made for the
32purposes described in this subsection.
33 Sec. 1943. Section 147.77, subsection 1, paragraph g,
34unnumbered paragraph 1, Code 2023, is amended to read as
35follows:
-1142- 1The department of inspections, and appeals, and licensing,
2with respect to rules relating to the following:
3 Sec. 1944. Section 147.77, subsection 1, paragraph g, Code
42023, is amended by adding the following new subparagraphs:
5 NEW SUBPARAGRAPH. (6) For applications for a license to
6practice asbestos removal, that except as noted in rule, only
7worker and contractor/supervisor license applicants must submit
8the respiratory protection and physician’s certification forms.
9 NEW SUBPARAGRAPH. (7) For documentation held by persons
10licensed for asbestos abatement in an area that is subject to
11a disaster emergency proclamation, that the director of the
12department of inspections, appeals, and licensing deems an
13individual contractor, supervisor, or worker to be licensed
14and authorized for asbestos abatement if the individual, in
15addition to other specified conditions, makes immediately
16available on the work site a copy of a physician’s statement
17indicating that, consistent with federal law, a licensed
18physician has examined the individual within the past twelve
19months and approved the individual to work while wearing a
20respirator.
21 NEW SUBPARAGRAPH. (8) That the contents of an application
22for an event license for a covered athletic event other than a
23professional wrestling event shall contain, along with other
24requirements, a copy of the medical license of the ringside
25physician and the date, time, and location of the ringside
26physician’s examination of the contestants.
27 NEW SUBPARAGRAPH. (9) For the responsibilities of the
28promoter of an athletic event, that the promoter submit test
29results to the ringside physician no later than at the time of
30the physical showing that each contestant scheduled for the
31event tested negative for the human immunodeficiency, hepatitis
32B, and hepatitis C viruses within the one-year period prior to
33the event, and that the contestant shall not participate and
34the physician shall notify the promoter that the contestant is
35prohibited from participating for medical reasons if specified
-1143-1circumstances occur.
2 NEW SUBPARAGRAPH. (10) For injuries during a professional
3boxing match, that if a contestant claims to be injured during
4the bout, the referee shall stop the bout and request the
5attending physician to make an examination. If the physician
6decides that the contestant has been injured as the result of a
7foul, the physician shall advise the referee of the injury. If
8the physician is of the opinion that the injured contestant may
9be able to continue, the physician shall order an intermission,
10after which the physician shall make another examination and
11again advise the referee of the injured contestant’s condition.
12It shall be the duty of the promoter to have an approved
13physician in attendance during the entire duration of all
14bouts.
15 NEW SUBPARAGRAPH. (11) For persons allowed in a ring during
16a professional boxing match, that no person other than the
17contestants and the referee shall enter the ring during the
18bout, excepting the seconds between the rounds or the attending
19physician if asked by the referee to examine an injury to a
20contestant.
21 NEW SUBPARAGRAPH. (12) For the weighing of contestants in
22a professional boxing match, that contestants shall be weighed
23and examined on the day of the scheduled match by the attending
24ring physician at a time and place to be determined by the
25state commissioner of athletics.
26 NEW SUBPARAGRAPH. (13) For attending ring physicians
27during a professional boxing match, that when a boxer has been
28injured seriously, knocked out, or technically knocked out, the
29referee shall immediately summon the attending ring physician
30to aid the stricken boxer, and that managers, handlers, and
31seconds shall not attend to the stricken boxer, except at the
32request of the physician.
33 NEW SUBPARAGRAPH. (14) For the keeping of time during a
34professional boxing match, that the timekeeper shall keep an
35exact record of time taken out at the request of a referee for
-1144-1an examination of a contestant by the physician.
2 NEW SUBPARAGRAPH. (15) For the suspension of contestants
3during a professional boxing match that is an elimination
4tournament, that a contestant who for specified reasons is not
5permitted to box in the state for a period of time shall be
6examined by a physician approved by the state commissioner of
7athletics before being permitted to fight again.
8 NEW SUBPARAGRAPH. (16) For the designation of officials for
9professional kickboxing, that the designation of physicians is
10subject to the approval of the state commissioner of athletics
11or designee.
12 NEW SUBPARAGRAPH. (17) For officials for a mixed martial
13arts event, that officials shall include a physician.
14 NEW SUBPARAGRAPH. (18) For the keeping of time for a mixed
15martial arts event, that the timekeeper shall keep an exact
16record of time taken out at the request of a referee for an
17examination of a contestant by the physician.
18 NEW SUBPARAGRAPH. (19) For persons allowed in the cage
19during a mixed martial arts event, that a physician may enter
20the cage to examine a contestant upon the request of the
21referee.
22 NEW SUBPARAGRAPH. (20) For the decorum of persons involved
23in a mixed martial arts event, that a contestant is exempt
24from prohibitions on specified conduct while interacting with
25the contestant’s opponent during a round, but if the round
26is stopped by the physician or referee for a time out, the
27prohibitions shall apply to the contestant.
28 NEW SUBPARAGRAPH. (21) For the examination of contestants
29in a mixed martial arts event, that on the day of the event,
30at a time and place to be approved by the state commissioner
31of athletics, the ringside physician shall conduct a rigorous
32physical examination to determine the contestant’s fitness
33to participate in a mixed martial arts match, and that
34a contestant deemed not fit by the physician shall not
35participate in the event.
-1145-1 NEW SUBPARAGRAPH. (22) For injuries during a mixed martial
2arts event, that if a contestant claims to be injured or
3when a contestant has been injured seriously or knocked out,
4the referee shall immediately stop the fight and summon the
5attending ring physician to make an examination of the stricken
6fighter. If the physician decides that the contestant has
7been injured, the physician shall advise the referee of the
8severity of the injury. If the physician is of the opinion the
9injured contestant may be able to continue, the physician shall
10order an intermission, after which the physician shall make
11another examination and again advise the referee of the injured
12contestant’s condition. Managers, handlers, and seconds shall
13not attend to the stricken fighter, except at the request of
14the physician.
15 Sec. 1945. Section 147.77, subsection 1, paragraph p,
16unnumbered paragraph 1, Code 2023, is amended to read as
17follows:
18The labor services division of the department of workforce
19development inspections, appeals, and licensing, with respect
20to rules relating to the following:
21 Sec. 1946. Section 147.77, subsection 1, paragraph p,
22subparagraphs (3) through (19), Code 2023, are amended by
23striking the subparagraphs.
24 Sec. 1947. Section 147.87, Code 2023, is amended to read as
25follows:
26147.87 Enforcement.
27A board shall enforce the provisions of this chapter and the
28board’s enabling statute and for that purpose may request the
29department of inspections, and appeals, and licensing to make
30necessary investigations. Every licensee and member of a board
31shall furnish the board or the department of inspections, and
32 appeals, and licensing such evidence as the member or licensee
33may have relative to any alleged violation which is being
34investigated.
35 Sec. 1948. Section 147.88, Code 2023, is amended to read as
-1146-1follows:
2147.88 Inspections and investigations.
3The department of inspections, and appeals, and licensing
4 may perform inspections and investigations as required by this
5subtitle, except inspections and investigations for the board
6of medicine, board of pharmacy, board of nursing, and the
7dental board. The department of inspections, and appeals, and
8licensing shall employ personnel related to the inspection and
9investigative functions.
10 Sec. 1949. Section 155A.13, subsection 4, paragraph b, Code
112023, is amended to read as follows:
12b. To the maximum extent possible, the board shall
13coordinate the rules with the standards and conditions
14described in paragraph “a”, subparagraph (4), and shall
15coordinate its inspections of hospital pharmacies with the
16Medicare surveys of the department of inspections, and appeals,
17and licensing and with the board’s inspections with respect to
18controlled substances conducted under contract with the federal
19government.
20 Sec. 1950. Section 155A.15, subsection 2, paragraph d,
21subparagraph (5), Code 2023, is amended to read as follows:
22(5) A licensed health care facility which is furnished
23the drug or device by a pharmacy for storage in secured
24emergency pharmaceutical supplies containers maintained within
25the facility in accordance with rules of the department of
26inspections, and appeals, and licensing and rules of the board.
27 Sec. 1951. Section 169.14, subsection 1, Code 2023, is
28amended to read as follows:
291. The board, upon its own motion or upon a verified
30complaint in writing, may request the department of
31inspections, and appeals, and licensing to conduct an
32investigation of the charges contained in the complaint. The
33department of inspections, and appeals, and licensing shall
34report its findings to the board, and the board may issue an
35order fixing the time and place for hearing if a hearing is
-1147-1deemed warranted. A written notice of the time and place of
2the hearing, together with a statement of the charges, shall
3be served upon the licensee at least ten days before the
4hearing in the manner required for the service of notice of the
5commencement of an ordinary action.
6 Sec. 1952. Section 190B.102, subsection 3, Code 2023, is
7amended to read as follows:
83. The department of agriculture and land stewardship, the
9department of public health, the department of human services,
10and the department of inspections, and appeals, and licensing
11 shall cooperate with the department of revenue to administer
12this subchapter.
13 Sec. 1953. Section 204.7, subsection 8, paragraph a,
14subparagraph (3), Code 2023, is amended to read as follows:
15(3) The consumable hemp product complies with packaging
16and labeling requirements, which shall be established by the
17department of inspections, and appeals, and licensing by rule.
18 Sec. 1954. Section 204.7, subsection 8, paragraphs b and c,
19Code 2023, are amended to read as follows:
20b. A person manufacturing a consumable hemp product in this
21state shall register with the department of inspections, and
22 appeals, and licensing on a form prescribed by the department
23of inspections, and appeals, and licensing by rule. The
24department of inspections, and appeals, and licensing may
25impose a fee, established by the department of inspections, and
26 appeals, and licensing by rule, on a registrant not to exceed
27the cost of processing the registration. The department of
28inspections, and appeals, and licensing shall adopt rules for
29the revocation of a registration issued to a manufacturer who
30manufactures a consumable hemp product not in compliance with
31this chapter.
32c. A person selling a consumable hemp product in this
33state shall register with the department of inspections,
34 and appeals, and licensing on a form prescribed by the
35department of inspections, and appeals, and licensing by
-1148-1rule and shall keep on the premises of the person’s business
2a copy of the certificate of analysis issued pursuant to
3section 204.8 for the hemp contained in the consumable hemp
4products sold by the person. The department of inspections,
5 and appeals, and licensing may impose a fee, established by
6the department of inspections, and appeals, and licensing by
7rule, on a registrant not to exceed the cost of processing the
8registration. The department of inspections, and appeals,
9and licensing shall adopt rules for the revocation of a
10registration issued to a person who sells a consumable hemp
11product not in compliance with this section.
12 Sec. 1955. Section 217.34, Code 2023, is amended to read as
13follows:
14217.34 Debt setoff.
15The investigations division of the department of
16inspections, and appeals, and licensing and the department of
17human services shall provide assistance to set off against a
18person’s or provider’s income tax refund or rebate any debt
19which has accrued through written contract, nonpayment of
20premiums pursuant to section 249A.3, subsection 2, paragraph
21“a”, subparagraph (1), subrogation, departmental recoupment
22procedures, or court judgment and which is in the form of a
23liquidated sum due and owing the department of human services.
24The department of inspections, and appeals, and licensing,
25with approval of the department of human services, shall adopt
26rules under chapter 17A necessary to assist the department of
27administrative services in the implementation of the setoff
28under section 8A.504 in regard to money owed to the state for
29public assistance overpayments or nonpayment of premiums as
30specified in this section. The department of human services
31shall adopt rules under chapter 17A necessary to assist the
32department of administrative services in the implementation of
33the setoff under section 8A.504, in regard to collections by
34the child support recovery unit and the foster care recovery
35unit.
-1149-1 Sec. 1956. Section 217.35, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3Notwithstanding the requirement for deposit of recovered
4moneys under section 239B.14, recovered moneys generated
5through fraud and recoupment activities are appropriated to
6the department of human services to be used for additional
7fraud and recoupment activities performed by the department of
8human services or the department of inspections, and appeals,
9and licensing. The department of human services may use
10the recovered moneys appropriated to add not more than five
11full-time equivalent positions, in addition to those funded
12by annual appropriations. The appropriation of the recovered
13moneys is subject to both of the following conditions:
14 Sec. 1957. Section 225C.4, subsection 1, paragraphs t and u,
15Code 2023, are amended to read as follows:
16t. In cooperation with the department of inspections, and
17 appeals, and licensing, recommend minimum standards under
18section 227.4 for the care of and services to persons with
19mental illness or an intellectual disability residing in county
20care facilities. The administrator shall also cooperate with
21the department of inspections, and appeals, and licensing
22 in recommending minimum standards for care of and services
23provided to persons with mental illness or an intellectual
24disability living in a residential care facility regulated
25under chapter 135C.
26u. In cooperation with the Iowa department of public health,
27recommend minimum standards for the maintenance and operation
28of public or private facilities offering disability services,
29which are not subject to licensure by the department or the
30department of inspections, and appeals, and licensing.
31 Sec. 1958. Section 225C.6, subsection 1, paragraph e, Code
322023, is amended to read as follows:
33e. Unless another governmental body sets standards for a
34service available to persons with disabilities, adopt state
35standards for that service. The commission shall review the
-1150-1licensing standards used by the department of human services or
2department of inspections, and appeals, and licensing for those
3facilities providing disability services.
4 Sec. 1959. Section 225C.6, subsection 4, paragraph a, Code
52023, is amended to read as follows:
6a. The department shall coordinate with the department of
7inspections, and appeals, and licensing in the establishment
8of facility-based and community-based, subacute mental health
9services.
10 Sec. 1960. Section 225C.6C, subsections 1 and 3, Code 2023,
11are amended to read as follows:
121. The departments of inspections, and appeals, and
13licensing, human services, and public health shall comply with
14the requirements of this section in their efforts to improve
15the regulatory requirements applied to the mental health and
16disability regional service system administration and service
17providers.
183. The departments of human services and inspections and
19appeals shall jointly review the standards and inspection
20process applicable to residential care facilities.
21 Sec. 1961. Section 227.2, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23The director of inspections, and appeals, and licensing
24 shall make, or cause to be made, at least one licensure
25inspection each year of every county care facility. Either the
26administrator of the division or the director of the department
27of inspections, and appeals, and licensing, in cooperation
28with each other, upon receipt of a complaint or for good
29cause, may make, or cause to be made, a review of a county
30care facility or of any other private or county institution
31where persons with mental illness or an intellectual disability
32reside. A licensure inspection or a review shall be made by
33a competent and disinterested person who is acquainted with
34and interested in the care of persons with mental illness
35and persons with an intellectual disability. The objective
-1151-1of a licensure inspection or a review shall be an evaluation
2of the programming and treatment provided by the facility.
3After each licensure inspection of a county care facility,
4the person who made the inspection shall consult with the
5regional administrator for the county in which the facility
6is located on plans and practices that will improve the care
7given patients. The person shall also make recommendations
8to the administrator of the division and the director of
9public health for coordinating and improving the relationships
10between the administrators of county care facilities, the
11administrator of the division, the director of public health,
12the superintendents of state mental health institutes and
13resource centers, community mental health centers, mental
14health and disability services regions, and other cooperating
15agencies, to cause improved and more satisfactory care of
16patients. A written report of each licensure inspection of a
17county care facility under this section shall be filed by the
18person with the administrator of the division and the director
19of public health and shall include:
20 Sec. 1962. Section 227.2, subsection 3, Code 2023, is
21amended to read as follows:
223. The department of inspections, and appeals, and
23licensing shall inform the administrator of the division of an
24action by the department to suspend, revoke, or deny renewal of
25a license issued by the department of inspections, and appeals,
26and licensing to a county care facility, and the reasons for
27the action.
28 Sec. 1963. Section 227.4, Code 2023, is amended to read as
29follows:
30227.4 Standards for care of persons with mental illness or an
31intellectual disability in county care facilities.
32The administrator, in cooperation with the department of
33inspections, and appeals, and licensing, shall recommend
34and the mental health and disability services commission
35created in section 225C.5 shall adopt, or amend and adopt,
-1152-1standards for the care of and services to persons with mental
2illness or an intellectual disability residing in county care
3facilities. The standards shall be enforced by the department
4of inspections, and appeals, and licensing as a part of the
5licensure inspection conducted pursuant to chapter 135C. The
6objective of the standards is to ensure that persons with
7mental illness or an intellectual disability who are residents
8of county care facilities are not only adequately fed, clothed,
9and housed, but are also offered reasonable opportunities for
10productive work and recreational activities suited to their
11physical and mental abilities and offering both a constructive
12outlet for their energies and, if possible, therapeutic
13benefit. When recommending standards under this section,
14the administrator shall designate an advisory committee
15representing administrators of county care facilities, regional
16administrators, mental health and disability services region
17governing boards, and county care facility certified volunteer
18long-term care ombudsmen to assist in the establishment of
19standards.
20 Sec. 1964. Section 231.42, subsections 4 and 10, Code 2023,
21are amended to read as follows:
224. Referrals of abuse, neglect, or exploitation.
23a. If abuse, neglect, or exploitation of a resident or
24tenant is suspected, the state or a local long-term care
25ombudsman shall, with the permission of the resident or tenant
26as applicable under federal law, make an immediate referral to
27the department of inspections, and appeals, and licensing, the
28department of human services, the department on aging, or the
29appropriate law enforcement agency, as applicable.
30b. If the department of inspections, and appeals, and
31licensing responds to a complaint referred by the state or
32a local long-term care ombudsman against a long-term care
33facility, assisted living program, elder group home, or an
34employee of such entity, copies of related inspection reports,
35plans of correction, and notice of any citations and sanctions
-1153-1levied against the facility, program, or home shall be
2forwarded to the office of long-term care ombudsman.
310. Change in operations. A long-term care facility,
4assisted living program, or elder group home shall inform the
5office of long-term care ombudsman in writing at least thirty
6days prior to any change in operations, programs, services,
7licensure, or certification that affects residents or tenants,
8including but not limited to the intention to close, decertify,
9or change ownership. In an emergency situation, or when a
10long-term care facility, assisted living program, or elder
11group home is evacuated, the department of inspections, and
12 appeals, and licensing shall notify the office of long-term
13care ombudsman.
14 Sec. 1965. Section 231.58, Code 2023, is amended to read as
15follows:
16231.58 Long-term living coordination.
17The director may convene meetings, as necessary, of the
18director and the directors of human services, public health,
19and inspections, and appeals, and licensing, to assist in
20the coordination of policy, service delivery, and long-range
21planning relating to the long-term living system and older
22Iowans in the state. The group may consult with individuals,
23institutions and entities with expertise in the area of the
24long-term living system and older Iowans, as necessary, to
25facilitate the group’s efforts.
26 Sec. 1966. Section 231B.1, subsection 1, Code 2023, is
27amended to read as follows:
281. “Department” means the department of inspections, and
29 appeals, and licensing or the department’s designee.
30 Sec. 1967. Section 231C.2, subsection 4, Code 2023, is
31amended to read as follows:
324. “Department” means the department of inspections, and
33 appeals, and licensing or the department’s designee.
34 Sec. 1968. Section 231C.5A, Code 2023, is amended to read
35as follows:
-1154- 1231C.5A Assessment of tenants — program eligibility.
2An assisted living program receiving reimbursement through
3the medical assistance program under chapter 249A shall
4assist the department of veterans affairs in identifying, upon
5admission of a tenant, the tenant’s eligibility for benefits
6through the United States department of veterans affairs. The
7assisted living program shall also assist the commission of
8veterans affairs in determining such eligibility for tenants
9residing in the program on July 1, 2009. The department
10of inspections, and appeals, and licensing, in cooperation
11with the department of human services, shall adopt rules to
12administer this section, including a provision that ensures
13that if a tenant is eligible for benefits through the United
14States department of veterans affairs or other third-party
15payor, the payor of last resort for reimbursement to the
16assisted living program is the medical assistance program.
17The rules shall also require the assisted living program
18to request information from a tenant or tenant’s personal
19representative regarding the tenant’s veteran status and to
20report to the department of veterans affairs only the names of
21tenants identified as potential veterans along with the names
22of their spouses and any dependents. Information reported by
23the assisted living program shall be verified by the department
24of veterans affairs.
25 Sec. 1969. Section 231D.1, subsection 3, Code 2023, is
26amended to read as follows:
273. “Department” means the department of inspections, and
28 appeals, and licensing.
29 Sec. 1970. Section 232.142, subsection 5, Code 2023, is
30amended to read as follows:
315. The director, the director of the department of human
32rights, or a designee of the director of the department of
33human rights shall approve annually all such homes established
34and maintained under the provisions of this chapter. A home
35shall not be approved unless it complies with minimal rules and
-1155-1standards adopted by the director and has been inspected by the
2department of inspections, and appeals, and licensing. The
3statewide number of beds in the homes approved by the director
4shall not exceed two hundred seventy-two beds beginning July 1,
52017. This subsection is repealed July 1, 2023.
6 Sec. 1971. Section 234.12, subsection 3, Code 2023, is
7amended to read as follows:
83. Upon request by the department of human services, the
9department of inspections, and appeals, and licensing shall
10conduct investigations into possible fraudulent practices,
11as described in section 234.13, relating to food programs
12administered by the department of human services.
13 Sec. 1972. Section 235.5, Code 2023, is amended to read as
14follows:
15235.5 Inspections.
16The department of inspections, and appeals, and licensing
17 shall conduct inspections of private institutions for the care
18of dependent, neglected, and delinquent children in accordance
19with procedures established pursuant to chapters 10A and 17A.
20 Sec. 1973. Section 235A.15, subsection 2, paragraph e,
21subparagraph (17), Code 2023, is amended to read as follows:
22(17) To the department of inspections, and appeals, and
23licensing for purposes of record checks of applicants for
24employment with the department of inspections, and appeals, and
25licensing.
26 Sec. 1974. Section 235A.16, subsection 2, paragraph b, Code
272023, is amended to read as follows:
28b. The department of inspections, and appeals, and licensing
29 may provide access to the single contact repository established
30under section 135C.33, subsection 7, for criminal and abuse
31history checks made by those employers, agencies, and other
32persons that are authorized access to child abuse information
33under section 235A.15 and are required by law to perform such
34checks.
35 Sec. 1975. Section 235B.1, subsection 4, paragraph a,
-1156-1subparagraph (1), Code 2023, is amended to read as follows:
2(1) Advise the director of human services, the director
3of the department on aging, the director of inspections, and
4 appeals, and licensing, the director of public health, the
5director of the department of corrections, and the director of
6human rights regarding dependent adult abuse.
7 Sec. 1976. Section 235B.1, subsection 4, paragraph b,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) The advisory council shall consist of twelve members.
10Eight members shall be appointed by and serve at the pleasure
11of the governor. Four of the members appointed shall be
12appointed on the basis of knowledge and skill related to
13expertise in the area of dependent adult abuse including
14professionals practicing in the disciplines of medicine, public
15health, mental health, long-term care, social work, law,
16and law enforcement. Two of the members appointed shall be
17members of the general public with an interest in the area of
18dependent adult abuse and two of the members appointed shall
19be members of the Iowa caregivers association. In addition,
20the membership of the council shall include the director or the
21director’s designee of the department of human services, the
22department on aging, the Iowa department of public health, and
23the department of inspections, and appeals, and licensing.
24 Sec. 1977. Section 235B.3, subsection 1, paragraph a,
25subparagraphs (2), (3), and (4), Code 2023, are amended to read
26as follows:
27(2) However, the department of inspections, and appeals,
28and licensing is solely responsible for the evaluation and
29disposition of dependent adult abuse cases within facilities
30and programs pursuant to chapter 235E and shall inform
31the department of human services of such evaluations and
32dispositions pursuant to section 235E.2.
33(3) If, in the course of an assessment or evaluation of
34a report of dependent adult abuse, the department of human
35services or the department of inspections, and appeals, and
-1157-1licensing determines the case involves wages, workplace safety,
2or other labor and employment matters under the jurisdiction
3of the department of inspections, appeals, and licensing or
4the division of labor services of the department of workforce
5development inspections, appeals, and licensing, the relevant
6portions of the case shall be referred to the department
7of inspections, appeals, and licensing or the division, as
8applicable.
9(4) If, in the course of an assessment or evaluation of
10a report of dependent adult abuse, the department of human
11services or the department of inspections, and appeals, and
12licensing determines that the case involves discrimination
13under the jurisdiction of the civil rights commission,
14the relevant portions of the case shall be referred to the
15commission.
16 Sec. 1978. Section 235B.3, subsection 10, paragraph a, Code
172023, is amended to read as follows:
18a. If, upon completion of the evaluation or upon referral
19from the department of inspections, and appeals, and
20licensing, the department determines that the best interests
21of the dependent adult require court action, the department
22shall initiate action for the appointment of a guardian or
23conservator or for admission or commitment to an appropriate
24institution or facility pursuant to the applicable procedures
25under chapter 125, 222, 229, or 633, or shall pursue other
26remedies provided by law. The appropriate county attorney
27shall assist the department in the preparation of the necessary
28papers to initiate the action and shall appear and represent
29the department at all district court proceedings.
30 Sec. 1979. Section 235B.3, subsection 14, Code 2023, is
31amended to read as follows:
3214. The department of inspections, and appeals, and
33licensing shall adopt rules which require facilities or
34programs to separate an alleged dependent adult abuser from a
35victim following an allegation of perpetration of abuse and
-1158-1prior to the completion of an investigation of the allegation.
2 Sec. 1980. Section 235B.5, subsection 5, Code 2023, is
3amended to read as follows:
45. An oral report of suspected dependent adult abuse
5initially made to the central registry regarding a facility or
6program as defined in section 235E.1 shall be transmitted by
7the department to the department of inspections, and appeals,
8and licensing on the first working day following the submitting
9of the report.
10 Sec. 1981. Section 235B.6, subsection 2, paragraph e,
11subparagraph (9), Code 2023, is amended to read as follows:
12(9) The department of inspections, and appeals, and
13licensing for purposes of record checks of applicants for
14employment with the department of inspections, and appeals, and
15licensing.
16 Sec. 1982. Section 235B.7, subsection 2, paragraph b, Code
172023, is amended to read as follows:
18b. The department of inspections, and appeals, and licensing
19 may provide access to the single contact repository established
20under section 135C.33, subsection 7, for criminal and abuse
21history checks made by those employers, agencies, and other
22persons that are authorized access to dependent adult abuse
23information under section 235B.6 and are required by law to
24perform such checks.
25 Sec. 1983. Section 235B.16, subsections 2 and 4, Code 2023,
26are amended to read as follows:
272. The department, in cooperation with the department
28on aging and the department of inspections, and appeals, and
29licensing, shall institute a program of education and training
30for persons, including members of provider groups and family
31members, who may come in contact with dependent adult abuse.
32The program shall include but is not limited to instruction
33regarding recognition of dependent adult abuse and the
34procedure for the reporting of suspected abuse.
354. The department of inspections, and appeals, and
-1159-1licensing shall provide training to investigators regarding
2the collection and preservation of evidence in the case of
3suspected dependent adult abuse.
4 Sec. 1984. Section 235B.16A, subsection 4, Code 2023, is
5amended to read as follows:
64. The department of human services shall cooperate with
7the department on aging, the departments of inspections, and
8 appeals, and licensing, public health, public safety, and
9workforce development, the civil rights commission, and other
10state and local agencies performing inspections or otherwise
11visiting residential settings where dependent adults live,
12to regularly provide training to the appropriate staff in
13the agencies concerning each agency’s procedures involving
14dependent adults, and to build awareness concerning dependent
15adults and reporting of dependent adult abuse.
16 Sec. 1985. Section 235E.1, subsection 3, Code 2023, is
17amended to read as follows:
183. “Department” means the department of inspections, and
19 appeals, and licensing.
20 Sec. 1986. Section 235E.2, subsection 5, Code 2023, is
21amended to read as follows:
225. Any other person who believes that a dependent adult
23has suffered dependent adult abuse may report the suspected
24dependent adult abuse to the department of inspections, and
25 appeals, and licensing. The department of inspections, and
26 appeals, and licensing shall transfer any reports received
27of dependent adult abuse in the community to the department
28of human services. The department of human services shall
29transfer any reports received of dependent adult abuse in
30facilities or programs to the department of inspections, and
31 appeals, and licensing.
32 Sec. 1987. Section 235F.6, subsection 4, Code 2023, is
33amended to read as follows:
344. The court may approve a consent agreement between the
35parties entered into to bring about the cessation of elder
-1160-1abuse. A consent agreement approved under this section shall
2not contain any of the following:
3a. A provision that prohibits any party to the action
4from contacting or cooperating with any government agency
5including the department of human services, the department of
6inspections, and appeals, and licensing, the department on
7aging, the department of justice, law enforcement, and the
8office of long-term care ombudsman; a licensing or regulatory
9agency that has jurisdiction over any license or certification
10held by the defendant; a protection and advocacy agency
11recognized in section 135C.2; or the defendant’s current
12employer if the defendant’s professional responsibilities
13include contact with vulnerable elders, dependent adults, or
14minors, if the party contacting or cooperating has a good-faith
15belief that the information is relevant to the duties or
16responsibilities of the entity.
17b. A provision that prohibits any party to the action
18from filing a complaint with or reporting a violation of law
19to any government agency including the department of human
20services, the department of inspections, and appeals, and
21licensing, the department on aging, the department of justice,
22law enforcement, and the office of long-term care ombudsman; a
23licensing or regulatory agency that has jurisdiction over any
24license or certification held by the defendant; a protection
25and advocacy agency recognized in section 135C.2; or the
26defendant’s current employer.
27c. A provision that requires any party to the action
28to withdraw a complaint filed with or a violation reported
29to any government agency including the department of human
30services, the department of inspections, and appeals, and
31licensing, the department on aging, the department of justice,
32law enforcement, and the office of long-term care ombudsman; a
33licensing or regulatory agency that has jurisdiction over any
34license or certification held by the defendant; a protection
35and advocacy agency recognized in section 135C.2; or the
-1161-1defendant’s current employer.
2 Sec. 1988. Section 237.7, Code 2023, is amended to read as
3follows:
4237.7 Reports and inspections.
5The administrator may require submission of reports by a
6licensee, and shall cause at least one annual unannounced
7inspection of each facility to assess the quality of the
8living situation and to determine compliance with applicable
9requirements and standards. The inspections shall be conducted
10by the department of inspections, and appeals, and licensing.
11The director of the department of inspections, and appeals, and
12licensing may examine records of a licensee, including but not
13limited to corporate records and board minutes, and may inquire
14into matters concerning a licensee and its employees relating
15to requirements and standards for child foster care under this
16chapter.
17 Sec. 1989. Section 237.16, Code 2023, is amended to read as
18follows:
19237.16 Child advocacy board.
201. The child advocacy board is created within the department
21of inspections, and appeals, and licensing. The state board
22consists of nine members appointed by the governor, subject
23to confirmation by the senate and directly responsible to
24the governor. One member shall be an active court appointed
25special advocate volunteer, one member shall be an active
26member of a local citizen foster care review board, and one
27member shall be a judicial branch employee or judicial officer
28appointed from nominees submitted by the judicial branch. The
29appointment is for a term of four years that begins and ends as
30provided in section 69.19. Vacancies on the state board shall
31be filled in the same manner as original appointments are made.
322. The members of the state board shall annually select a
33chairperson, vice chairperson, and other officers the members
34deem necessary. The members may be entitled to receive
35reimbursement for actual and necessary expenses incurred in
-1162-1the performance of their duties, subject to available funding.
2Each member of the board may also be eligible to receive
3compensation as provided in section 7E.6. The state board
4shall meet at least twice a year.
53. An employee of the department or of the department of
6inspections, and appeals, and licensing, an employee of a
7child-placing agency, an employee of an agency with which the
8department contracts for services for children under foster
9care, a foster parent providing foster care, or an employee of
10the district court is not eligible to serve on the state board.
11However, the judicial branch employee or judicial officer
12appointed from nominees submitted by the judicial branch in
13accordance with subsection 1 shall be eligible to serve on the
14state board.
154. The department and the department of inspections,
16 and appeals, and licensing shall jointly develop written
17protocols detailing the responsibilities of each department
18with regard to children under the purview of the state board.
19The protocols shall be reviewed by the departments on an annual
20basis.
21 Sec. 1990. Section 237.21, subsection 5, Code 2023, is
22amended to read as follows:
235. Members of the state board and local boards, court
24appointed special advocates, and the employees of the
25department and the department of inspections, and appeals,
26and licensing are subject to standards of confidentiality
27pursuant to sections 217.30, 228.6, subsection 1, sections
28235A.15, 600.16, and 600.16A. Members of the state and local
29boards, court appointed special advocates, and employees of the
30department and the department of inspections, and appeals, and
31licensing who disclose information or records of the board or
32department, other than as provided in subsections 2, 3, and 4,
33 section 232.126, and section 237.20, subsection 2, are guilty
34of a simple misdemeanor.
35 Sec. 1991. Section 237A.1, subsection 3, paragraph d, Code
-1163-12023, is amended to read as follows:
2d. A child care center for sick children operated as part
3of a pediatrics unit in a hospital licensed by the department
4of inspections, and appeals, and licensing pursuant to chapter
5135B.
6 Sec. 1992. Section 237A.8, Code 2023, is amended to read as
7follows:
8237A.8 Violations — actions against license or registration.
9The administrator, after notice and opportunity for an
10evidentiary hearing before the department of inspections, and
11 appeals, and licensing, may suspend or revoke a license or
12certificate of registration issued under this chapter or may
13reduce a license to a provisional license if the person to whom
14a license or certificate is issued violates a provision of this
15chapter or if the person makes false reports regarding the
16operation of the child care facility to the administrator or a
17designee of the administrator. The administrator shall notify
18the parent, guardian, or legal custodian of each child for whom
19the person provides child care at the time of action to suspend
20or revoke a license or certificate of registration.
21 Sec. 1993. Section 237A.29, subsection 2, paragraph b,
22unnumbered paragraph 1, Code 2023, is amended to read as
23follows:
24A child care provider that has been found by the department
25of inspections, and appeals, and licensing in an administrative
26proceeding or in a judicial proceeding to have obtained, or has
27agreed to entry of a civil judgment or judgment by confession
28that includes a conclusion of law that the child care provider
29has obtained, by fraudulent means, public funding for provision
30of child care in an amount equal to or in excess of the minimum
31amount for a fraudulent practice in the second degree under
32section 714.10, subsection 1, paragraph “a”, shall be subject
33to sanction in accordance with this subsection. Such child
34care provider shall be subject to a period during which receipt
35of public funding for provision of child care is conditioned
-1164-1upon no further violations and to one or more of the following
2sanctions as determined by the department of human services:
3 Sec. 1994. Section 237C.3, subsection 1, Code 2023, is
4amended to read as follows:
51. The department of human services shall consult with
6the department of education, the department of inspections,
7 and appeals, and licensing, the department of public health,
8the state fire marshal, and other agencies as determined by
9the department of human services to establish certification
10standards for children’s residential facilities in accordance
11with this chapter.
12 Sec. 1995. Section 237C.8, Code 2023, is amended to read as
13follows:
14237C.8 Reports and inspections.
15The administrator may require submission of reports by a
16certificate of approval holder and shall cause at least one
17annual unannounced inspection of a children’s residential
18facility to assess compliance with applicable requirements
19and standards. The inspections shall be conducted by the
20department of inspections, and appeals, and licensing in
21addition to initial, renewal, and other inspections that result
22from complaints or self-reported incidents. The department of
23inspections, and appeals, and licensing and the department of
24human services may examine records of a children’s residential
25facility and may inquire into matters concerning the children’s
26residential facility and its employees, volunteers, and
27subcontractors relating to requirements and standards for
28children’s residential facilities under this chapter.
29 Sec. 1996. Section 238.19, Code 2023, is amended to read as
30follows:
31238.19 Inspection generally.
32Authorized employees of the department of inspections, and
33 appeals, and licensing may inspect the premises and conditions
34of the agency at any time and examine every part of the agency;
35and may inquire into all matters concerning the agency and the
-1165-1children in the care of the agency.
2 Sec. 1997. Section 238.20, Code 2023, is amended to read as
3follows:
4238.20 Minimum inspection — record.
5Authorized employees of the department of inspections, and
6 appeals, and licensing shall visit and inspect the premises
7of licensed child-placing agencies at least once every twelve
8months and make and preserve written reports of the conditions
9found.
10 Sec. 1998. Section 239B.16, Code 2023, is amended to read
11as follows:
12239B.16 Appeal — judicial review.
13If an applicant’s application is not acted upon within a
14reasonable time, if it is denied in whole or in part, or if a
15participant’s assistance or other benefits under this chapter
16are modified, suspended, or canceled under a provision of
17this chapter, the applicant or participant may appeal to the
18department of human services which shall request the department
19of inspections, and appeals, and licensing to conduct a
20hearing. Upon completion of a hearing, the department of
21inspections, and appeals, and licensing shall issue a decision
22which is subject to review by the department of human services.
23Judicial review of the actions of the department of human
24services may be sought in accordance with chapter 17A. Upon
25receipt of a notice of the filing of a petition for judicial
26review, the department of human services shall furnish the
27petitioner with a copy of any papers filed in support of the
28petitioner’s position, a transcript of any testimony taken, and
29a copy of the department’s decision.
30 Sec. 1999. Section 249.5, Code 2023, is amended to read as
31follows:
32249.5 Judicial review.
33If an application is not acted upon within a reasonable
34time, if it is denied in whole or in part, or if an award
35of assistance is modified, suspended, or canceled under a
-1166-1provision of this chapter, the applicant or recipient may
2appeal to the department of human services, which shall request
3the department of inspections, and appeals, and licensing
4 to conduct a hearing. Upon completion of a hearing, the
5department of inspections, and appeals, and licensing shall
6issue a decision which is subject to review by the department
7of human services. Judicial review of the actions of the
8department of human services may be sought in accordance with
9chapter 17A. Upon receipt of the petition for judicial review,
10the department of human services shall furnish the petitioner
11with a copy of any papers filed by the petitioner in support of
12the petitioner’s position, a transcript of any testimony taken,
13and a copy of the department’s decision.
14 Sec. 2000. Section 249.11, subsection 2, Code 2023, is
15amended to read as follows:
162. The department of inspections, and appeals, and
17licensing shall conduct investigations and audits as deemed
18necessary to ensure compliance with state supplementary
19assistance programs administered under this chapter. The
20department of inspections, and appeals, and licensing shall
21cooperate with the department of human services on the
22development of procedures relating to such investigations and
23audits to ensure compliance with federal and state single state
24agency requirements.
25 Sec. 2001. Section 249A.4, subsection 11, Code 2023, is
26amended to read as follows:
2711. Shall provide an opportunity for a fair hearing before
28the department of inspections, and appeals, and licensing
29 to an individual whose claim for medical assistance under
30this chapter is denied or is not acted upon with reasonable
31promptness. Upon completion of a hearing, the department of
32inspections, and appeals, and licensing shall issue a decision
33which is subject to review by the department of human services.
34Judicial review of the decisions of the department of human
35services may be sought in accordance with chapter 17A. If
-1167-1a petition for judicial review is filed, the department of
2human services shall furnish the petitioner with a copy of
3the application and all supporting papers, a transcript of
4the testimony taken at the hearing, if any, and a copy of its
5decision.
6 Sec. 2002. Section 249A.50, subsection 2, Code 2023, is
7amended to read as follows:
82. The department of inspections, and appeals, and
9licensing shall conduct investigations and audits as deemed
10necessary to ensure compliance with the medical assistance
11program administered under this chapter. The department
12of inspections, and appeals, and licensing shall cooperate
13with the department of human services on the development of
14procedures relating to such investigations and audits to
15ensure compliance with federal and state single state agency
16requirements.
17 Sec. 2003. Section 249A.50, subsection 3, paragraph a, Code
182023, is amended to read as follows:
19a. A Medicaid fraud fund is created in the state treasury
20under the authority of the department of inspections, and
21 appeals, and licensing. Moneys from penalties, investigative
22costs recouped by the Medicaid fraud control unit, and other
23amounts received as a result of prosecutions involving
24the department of inspections, and appeals, and licensing
25 investigations and audits to ensure compliance with the medical
26assistance program that are not credited to the program shall
27be credited to the fund.
28 Sec. 2004. Section 321.11, subsections 3 and 4, Code 2023,
29are amended to read as follows:
303. Notwithstanding other provisions of this section to the
31contrary, the department shall not release personal information
32to a person, other than to an officer or employee of a law
33enforcement agency, an employee of a federal or state agency
34or political subdivision in the performance of the employee’s
35official duties, a contract employee of the department of
-1168-1inspections, and appeals, and licensing in the conduct of an
2investigation, or a licensed private investigation agency
3or a licensed security service or a licensed employee of
4either, if the information is requested by the presentation
5of a registration plate number. In addition, an officer or
6employee of a law enforcement agency may release the name,
7address, and telephone number of a motor vehicle registrant to
8a person requesting the information by the presentation of a
9registration plate number if the officer or employee of the law
10enforcement agency believes that the release of the information
11is necessary in the performance of the officer’s or employee’s
12duties.
134. The department shall not release personal information
14that is in the form of a person’s photograph or digital
15image or a digital reproduction of a person’s photograph to a
16person other than an officer or employee of a law enforcement
17agency, an employee of a federal or state agency or political
18subdivision in the performance of the employee’s official
19duties, a contract employee of the department of inspections,
20 and appeals, and licensing in the conduct of an investigation,
21or a licensed private investigation agency or a licensed
22security service or a licensed employee of either, regardless
23of whether a person has provided express written consent to
24disclosure of the information. The department may collect
25reasonable fees for copies of records or other services
26provided pursuant to this section or section 22.3, 321.10, or
27622.46.
28 Sec. 2005. Section 321.19, subsection 1, paragraph c,
29subparagraph (3), Code 2023, is amended to read as follows:
30(3) Persons in the department of justice, the alcoholic
31beverages division of the department of commerce, disease
32investigators of the Iowa department of public health, the
33department of inspections, and appeals, and licensing, and the
34department of revenue, who are regularly assigned to conduct
35investigations which cannot reasonably be conducted with a
-1169-1vehicle displaying “official” state registration plates.
2 Sec. 2006. Section 321.211, subsection 1, Code 2023, is
3amended to read as follows:
41. Upon suspending the license of a person as authorized,
5the department shall immediately notify the licensee in writing
6and upon the licensee’s request shall afford the licensee an
7opportunity for a hearing before the department of inspections,
8 and appeals, and licensing as early as practical within
9thirty days after receipt of the request. The hearing shall
10be held by telephone conference unless the licensee and the
11department of inspections, and appeals, and licensing agree to
12hold the hearing in the county in which the licensee resides
13or in some other county. Upon the hearing the department of
14inspections, and appeals, and licensing may administer oaths
15and issue subpoenas for the attendance of witnesses and the
16production of relevant books and papers and may require a
17reexamination of the licensee. Upon the hearing and issuance
18of a recommendation by the department of inspections, and
19 appeals, and licensing, the state department of transportation
20shall either rescind its order of suspension or for good cause
21may extend the suspension of the license or revoke the license.
22This section does not preclude the director from attempting to
23effect an informal settlement under chapter 17A.
24 Sec. 2007. Section 322.9, subsection 1, Code 2023, is
25amended to read as follows:
261. The department may revoke or suspend the license of a
27retail motor vehicle dealer if, after notice and hearing by the
28department of inspections, and appeals, and licensing, it finds
29that the licensee has been guilty of an act which would be a
30ground for the denial of a license under section 322.6.
31 Sec. 2008. Section 322.9, subsection 2, unnumbered
32paragraph 1, Code 2023, is amended to read as follows:
33The department may revoke or suspend the license of a retail
34motor vehicle dealer if, after notice and hearing by the
35department of inspections, and appeals, and licensing, it finds
-1170-1that the licensee has been convicted or has forfeited bail on
2three charges of:
3 Sec. 2009. Section 322.24, subsection 1, Code 2023, is
4amended to read as follows:
51. The state department of transportation and the
6department of inspections, and appeals, and licensing may
7issue subpoenas to compel the attendance of witnesses and the
8production of documents, papers, books, records, and other
9evidence in any matter over which the respective department
10has jurisdiction, control, or supervision pertaining to this
11chapter.
12 Sec. 2010. Section 322A.3A, subsection 4, paragraph b, Code
132023, is amended to read as follows:
14b. After a hearing held as described in this subsection,
15the department of inspections, and appeals, and licensing
16 may affirm, deny, or modify the proposed alteration of a
17franchisee’s community, may enter any other orders necessary
18to ensure that an alteration of the franchisee’s community is
19reasonable in light of all the relevant circumstances, and
20may assess the costs of the hearing among the parties to the
21hearing as appropriate.
22 Sec. 2011. Section 322A.5, subsection 2, paragraph b,
23subparagraph (3), subparagraph division (b), Code 2023, is
24amended to read as follows:
25(b) Within thirty days of receiving the franchisee’s
26submission, the franchiser may choose to audit the submitted
27orders. The franchiser shall then approve or deny the
28establishment of the franchisee’s average percentage markup
29or labor rate. If the franchiser approves the establishment
30of the franchisee’s average percentage markup or labor rate,
31the markup or rate calculated under this subparagraph shall go
32into effect forty-five days after the date of the franchiser’s
33approval. If the franchiser denies the establishment of the
34franchisee’s average percentage markup or labor rate, the
35franchisee may file a complaint with the department and a
-1171-1hearing shall be held before the department of inspections,
2 and appeals, and licensing. The franchiser shall have the
3burden of proof to establish that the franchiser’s denial was
4reasonable. If the department of inspections, and appeals,
5and licensing finds the denial was not reasonable, the denial
6shall be deemed a violation of this chapter and the department
7of inspections, and appeals, and licensing shall determine
8the franchisee’s average percentage markup or labor rate for
9purposes of calculating a reasonable schedule of compensation.
10In making such a determination, the department of inspections,
11 and appeals, and licensing shall not consider retail service
12orders or portions of retail service orders attributable to
13routine maintenance such as tire service or oil service.
14 Sec. 2012. Section 322A.6, subsection 2, Code 2023, is
15amended to read as follows:
162. An applicant seeking permission to enter into a franchise
17for additional representation of the same line-make in a
18community shall deposit with the department at the time the
19application is filed, an amount of money to be determined by
20the department of inspections, and appeals, and licensing to
21pay the costs of the hearing.
22 Sec. 2013. Section 322A.7, subsection 1, Code 2023, is
23amended to read as follows:
241. Upon receiving an application, the department shall
25notify the department of inspections, and appeals, and
26licensing which shall enter an order fixing a time, which
27shall be within ninety days of the date of the order, and
28place of hearing, and shall send by certified or registered
29mail, with return receipt requested, a copy of the order
30to the franchisee whose franchise the franchiser seeks to
31terminate or not continue, or to the franchiser who is seeking
32to alter a franchisee’s community, as applicable. If the
33application requests permission to establish an additional
34motor vehicle dealership, a copy of the order shall be sent to
35all franchisees in the community who are then engaged in the
-1172-1business of offering to sell or selling the same line-make. If
2the application challenges the reasonableness of a proposed
3alteration to a franchisee’s community, a copy of the order
4shall be sent to all franchisees located in Iowa surrounding
5the affected community which are then engaged in the business
6of offering to sell or selling the same line-make. Copies of
7orders shall be addressed to the franchisee at the place where
8the business is conducted. The department of inspections, and
9 appeals, and licensing may also give notice of the franchiser’s
10application to any other parties deemed interested persons, the
11notice to be in the form and substance and given in the manner
12the department of inspections, and appeals, and licensing deems
13appropriate.
14 Sec. 2014. Section 322A.8, Code 2023, is amended to read as
15follows:
16322A.8 Continuation.
17If the department of inspections, and appeals, and licensing
18 finds it desirable it may upon request continue the date of
19hearing for a period of ninety days, and may upon application,
20but not ex parte, continue the date of hearing for an
21additional period of ninety days.
22 Sec. 2015. Section 322A.9, subsection 2, Code 2023, is
23amended to read as follows:
242. Nothing contained in this chapter shall be construed to
25require or authorize any investigation by the department of any
26matter before the department under this chapter. Upon hearing,
27the department of inspections, and appeals, and licensing shall
28hear the evidence introduced by the parties and shall make its
29decision solely upon the record so made.
30 Sec. 2016. Section 322A.10, Code 2023, is amended to read
31as follows:
32322A.10 Rules of evidence.
331. The rules of civil procedure relating to discovery and
34inspection shall apply to hearings held under the provisions of
35this chapter, and the department of inspections, and appeals,
-1173-1and licensing may issue orders to give effect to such rules.
22. In the event issues are raised which would involve
3violations of any state or federal antitrust or price-fixing
4law, all discovery and inspection proceedings which would be
5available under such issues in a state or federal court action
6shall be available to the parties to the hearing, and the
7department of inspections, and appeals, and licensing may issue
8orders to give effect to such proceedings.
93. Evidence which would be admissible under the issues in a
10state or federal court action is admissible in a hearing held
11by the department of inspections, and appeals, and licensing.
12The department of inspections, and appeals, and licensing shall
13apportion all costs between the parties.
14 Sec. 2017. Section 322A.13, Code 2023, is amended to read
15as follows:
16322A.13 Compulsory attendance at hearings.
17The department of inspections, and appeals, and licensing
18 may issue subpoenas, administer oaths, compel the attendance of
19witnesses and production of books, papers, documents, and all
20other evidence. The department of inspections, and appeals,
21and licensing may apply to the district court of the county
22wherein the hearing is being held for a court order enforcing
23this section.
24 Sec. 2018. Section 322A.15, subsection 1, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26In determining whether good cause has been established for
27terminating or not continuing a franchise, the department
28of inspections, and appeals, and licensing shall take into
29consideration the existing circumstances, including, but not
30limited to:
31 Sec. 2019. Section 322A.15, subsection 1, paragraphs g and
32h, Code 2023, are amended to read as follows:
33g. Except as provided in section 322A.11, failure by the
34franchisee to substantially comply with those requirements
35of the franchise which are determined by the department of
-1174-1inspections, and appeals, and licensing to be reasonable and
2material.
3h. Except as provided in section 322A.11, bad faith by the
4franchisee in complying with those terms of the franchise which
5are determined by the department of inspections, and appeals,
6and licensing to be reasonable and material.
7 Sec. 2020. Section 322A.16, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9In determining whether good cause has been established for
10entering into an additional franchise for the same line-make,
11the department of inspections, and appeals, and licensing shall
12take into consideration the existing circumstances, including,
13but not limited to:
14 Sec. 2021. Section 322A.17, subsection 1, Code 2023, is
15amended to read as follows:
161. A decision of the department of inspections, and appeals,
17and licensing is subject to review by the state department of
18transportation, whose decision is final agency action for the
19purpose of judicial review.
20 Sec. 2022. Section 322C.6, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22A license issued under section 322C.4 or 322C.9 may be
23denied, revoked, or suspended, after opportunity for a
24hearing before the department of inspections, and appeals, and
25licensing in accordance with chapters 10A and 17A, if it is
26determined that the licensee or applicant has done any of the
27following:
28 Sec. 2023. Section 323.1, subsection 4, Code 2023, is
29amended to read as follows:
304. “Department” means the department of inspections, and
31 appeals, and licensing.
32 Sec. 2024. Section 324A.5, subsection 2, paragraph c, Code
332023, is amended to read as follows:
34c. The department of inspections, and appeals, and licensing
35 shall establish an appeal process pursuant to chapters 10A and
-1175-117A which allows those agencies or organizations determined
2to not be in compliance with this chapter an opportunity for
3a timely hearing before the department of inspections, and
4 appeals, and licensing. A decision by the department of
5inspections, and appeals, and licensing is subject to review by
6the state department of transportation. The state department
7of transportation’s decision is the final agency action.
8Judicial review of the action of the department may be sought
9in accordance with chapter 17A.
10 Sec. 2025. Section 327C.8, Code 2023, is amended to read as
11follows:
12327C.8 Objections — hearing.
13A person directly affected by the proposed discontinuance
14of an agency may file written objections with the department
15stating the grounds for the objections, within fifteen days
16from the time of the publication of the notice as provided in
17section 327C.7. Upon the filing of objections the department
18shall request the department of inspections, and appeals, and
19licensing to hold a hearing, which shall be held within sixty
20days from the filing of the objections. Written notice of the
21time and place of the hearing shall be mailed by the department
22of inspections, and appeals, and licensing to the railroad
23corporation and the person filing objections at least ten days
24prior to the date fixed for the hearing.
25 Sec. 2026. Section 327C.12, Code 2023, is amended to read
26as follows:
27327C.12 Aid from courts.
28The department or the department of inspections, and
29 appeals, and licensing may invoke the aid of any court of
30record in the state in requiring the attendance and testimony
31of witnesses and the production of books, papers, tariff
32schedules, agreements, and other documents. If a person
33refuses to obey a subpoena or other process, a court having
34jurisdiction of the inquiry shall issue an order requiring any
35of the officers, agents, or employees of a carrier or other
-1176-1person to appear before either department and produce all books
2and papers required by the order and testify in relation to any
3matter under investigation.
4 Sec. 2027. Section 327C.17, Code 2023, is amended to read
5as follows:
6327C.17 Penalty.
7If a railroad fails or refuses to comply with a rule or
8order made by the state department of transportation or the
9department of inspections, and appeals, and licensing within
10the time specified, the railroad is, for each day of such
11failure, subject to a schedule “two” penalty.
12 Sec. 2028. Section 327C.19, subsection 1, Code 2023, is
13amended to read as follows:
141. A decision of the department of inspections, and appeals,
15and licensing is subject to review by the state department of
16transportation.
17 Sec. 2029. Section 327C.20, Code 2023, is amended to read
18as follows:
19327C.20 Remitting penalty.
20If a common carrier fails in a judicial review proceeding
21to secure a vacation of the order objected to, it may apply to
22the court in which the review proceeding is finally adjudicated
23for an order remitting the penalty which has accrued during
24the review proceeding. Upon a satisfactory showing that the
25petition for judicial review was filed in good faith and not
26for the purpose of delay, and that there were reasonable
27grounds to believe that the order was unreasonable or unjust
28or that the power of the department of transportation or the
29department of inspections, and appeals, and licensing to make
30the order was doubtful, the court may remit the penalty that
31has accrued during the review proceeding.
32 Sec. 2030. Section 327C.25, Code 2023, is amended to read
33as follows:
34327C.25 Complaints.
35A person may file with the department a petition setting
-1177-1forth any particular in which a common carrier has violated the
2law to which it is subject and the amount of damages sustained
3by reason of the violation. The department shall furnish a
4copy of the complaint to the carrier against which a complaint
5is filed. The department shall request the department
6of inspections, and appeals, and licensing to schedule a
7hearing in which the carrier shall answer the petition or
8satisfy the demands of the complaint. If the carrier fails
9to satisfy the complaint within the time fixed or there
10appears to be reasonable grounds for investigating the matters
11set forth in the petition, the department of inspections,
12 and appeals, and licensing shall hear and determine the
13questions involved and make orders it finds proper. If the
14department of transportation has reason to believe that a
15carrier is violating any of the laws to which it is subject,
16the department may institute an investigation and request
17the department of inspections, and appeals, and licensing to
18conduct a hearing in relation to the matters as if a petition
19had been filed.
20 Sec. 2031. Section 327C.26, Code 2023, is amended to read
21as follows:
22327C.26 Reports.
23When a hearing has been held before the department of
24inspections, and appeals, and licensing after notice, it shall
25make a report in writing setting forth the findings of fact
26and its conclusions together with its recommendations as to
27what reparation, if any, the offending carrier shall make to a
28party who has suffered damage. The findings of fact are prima
29facie evidence in all further legal proceedings of every fact
30found. All reports of hearings and investigations made by the
31department of inspections, and appeals, and licensing shall be
32entered of record and a copy furnished to the carrier against
33which the complaint was filed, to the party complaining, and
34to any other person having a direct interest in the matter. A
35reasonable fee not to exceed the actual duplication costs may
-1178-1be charged for the copies.
2 Sec. 2032. Section 327C.28, Code 2023, is amended to read
3as follows:
4327C.28 Violation of order — petition — notice.
5If a person violates or fails to obey a lawful order
6or requirement of the department of transportation or the
7department of inspections, and appeals, and licensing, the
8department of transportation or the department of inspections,
9 and appeals, and licensing shall apply by petition in the
10name of the state against the person, to the district court,
11alleging the violation or failure to obey. The court shall
12hear and determine the matter set forth in the petition on
13reasonable notice to the person, to be fixed by the court and
14to be served in the same manner as an original notice for the
15commencement of action.
16 Sec. 2033. Section 327C.29, Code 2023, is amended to read
17as follows:
18327C.29 Interested party may begin proceedings.
19A person interested in enforcing an order or requirement
20of the department of transportation or the department of
21inspections, and appeals, and licensing, may file a petition
22against the violator, alleging the failure to comply with
23the order or requirement and asking for summary relief to
24the same extent and in the same manner as the department of
25transportation or the department of inspections, and appeals,
26and licensing may under section 327C.28, and the proceedings
27after the filing of the petition shall be the same as in
28section 327C.28.
29 Sec. 2034. Section 327D.4, Code 2023, is amended to read as
30follows:
31327D.4 Connections.
32If a railroad corporation in this state refuses to connect by
33proper switches or tracks with the tracks of another railroad
34corporation or refuses to receive, transport, load, discharge,
35reload, or return cars furnished by another connecting railroad
-1179-1corporation, a petition requesting resolution of the dispute
2may be filed with the department. The department shall notify
3the department of inspections, and appeals, and licensing
4 which shall hold a hearing on the dispute. Upon conclusion of
5the hearing, the department of inspections, and appeals, and
6licensing shall issue an order to resolve the dispute. The
7order may include the allocation of costs between the parties.
8The order is subject to review by the department which review
9shall be the final agency action.
10 Sec. 2035. Section 327D.53, Code 2023, is amended to read
11as follows:
12327D.53 Division of joint rates.
13Before the adoption of the rates, the department shall
14notify the railroad corporations interested in the schedule of
15joint rates fixed, and give them a reasonable time to agree
16upon a division of the charges provided. If the corporations
17fail to agree upon a division, and to notify the department
18of their agreement, the department shall, after a hearing
19conducted by the department of inspections, and appeals, and
20licensing, decide the rates, taking into consideration the
21value of terminal facilities and all the circumstances of
22the haul, and the division so determined by it is, in all
23controversies or actions between the railroad corporations
24interested, prima facie evidence of a just and reasonable
25division.
26 Sec. 2036. Section 327D.83, Code 2023, is amended to read
27as follows:
28327D.83 Rate hearing.
29If a schedule is filed with the department stating a rate,
30the department may, either upon complaint or upon its own
31motion, request the department of inspections, and appeals, and
32licensing to conduct a hearing concerning the propriety of the
33rate.
34 Sec. 2037. Section 327D.85, Code 2023, is amended to read
35as follows:
-1180- 1327D.85 Rate proposal — review.
2At the hearing the department of inspections, and appeals,
3and licensing shall propose the rates on the schedule, in whole
4or in part, or others in lieu thereof, which the department
5of inspections, and appeals, and licensing finds are just and
6reasonable rates. The action of the department of inspections,
7 and appeals, and licensing is subject to review by the state
8department of transportation. The decision of the state
9department of transportation is the final agency action.
10 Sec. 2038. Section 327D.89, Code 2023, is amended to read
11as follows:
12327D.89 Complaint of violation.
13When a person complains to the department that the rate
14charged or published by a railway corporation, or the maximum
15rate fixed by law, is unreasonably high or discriminating,
16the department may investigate the matter, and request the
17department of inspections, and appeals, and licensing to
18conduct a hearing. The department of inspections, and appeals,
19and licensing shall give the parties notice of the time and
20place of the hearing.
21 Sec. 2039. Section 327D.90, Code 2023, is amended to read
22as follows:
23327D.90 Hearing — evidence.
24At the time of the hearing the department of inspections, and
25 appeals, and licensing shall receive any evidence and listen
26to any arguments presented by either party relevant to the
27matter under investigation, and the burden of proof is not
28upon the person making the complaint. The complainant shall
29add to the showing made at the hearing whatever information
30the complainant then has, or can obtain from any source.
31The department of inspections, and appeals, and licensing
32 shall propose just and reasonable rates, which may be adopted
33in whole or in part or modified as the state department of
34transportation determines.
35 Sec. 2040. Section 327D.128, Code 2023, is amended to read
-1181-1as follows:
2327D.128 Weighing — disagreement.
3If a railroad corporation and the owner, consignor,
4or consignee of car lots of bulk commodities cannot reach
5agreement relative to the weighing of the commodities, appeal
6may be made to the state department of transportation. The
7state department of transportation, after a hearing by the
8department of inspections, and appeals, and licensing, shall
9issue an order equitable to all parties including but not
10limited to allocation of costs and specification of the place
11and manner of weighing.
12 Sec. 2041. Section 327G.12, Code 2023, is amended to read
13as follows:
14327G.12 Overhead, underground, or more than one crossing.
15The owner of land may serve upon the railroad corporation
16a request in writing for more than one private crossing, or
17for an overhead or underground crossing, accompanied by a plat
18of the owner’s land designating the location and character
19of crossing desired. If the railroad corporation refuses or
20neglects to comply within thirty days of a written request,
21the owner of the land may make written application to the
22department to determine the owner’s rights. The department
23of inspections, and appeals, and licensing, after notice to
24the railroad corporation, shall hear the application and all
25objections to the application, and make an order which is
26reasonable and just, and if it requires the railroad company to
27construct any crossing or roadway, fix the time for compliance
28with the order and apportion the costs as appropriate. The
29order of the department of inspections, and appeals, and
30licensing is subject to review by the state department of
31transportation. The decision of the state department of
32transportation is the final agency action.
33 Sec. 2042. Section 327G.16, Code 2023, is amended to read
34as follows:
35327G.16 Disagreement — application — notice.
-1182- 1If the persons specified in section 327G.15 cannot reach
2an agreement, either party may make written application to
3the department requesting resolution of the disagreement.
4The department shall request the department of inspections,
5 and appeals, and licensing to set a date for hearing. The
6department of inspections, and appeals, and licensing shall
7give ten days’ written notice of the hearing date.
8 Sec. 2043. Section 327G.17, Code 2023, is amended to read
9as follows:
10327G.17 Hearing — order.
111. The department of inspections, and appeals, and
12licensing shall hear the evidence of each party to the
13controversy and shall make an order, which may include,
14pursuant to chapters 6A and 6B, authority to condemn, resolving
15the controversy. The order shall include the portion of the
16expense to be paid by each party to the controversy. In
17determining what portion of the expense shall be paid by
18each party, the department of inspections, and appeals, and
19licensing may consider the ratio of the benefits accruing to
20the railroad or the governmental unit or both, to the general
21public use and benefit.
222. The order of the department of inspections, and appeals,
23and licensing is subject to review by the state department
24of transportation. The decision of the state department of
25transportation is the final agency action.
26 Sec. 2044. Section 327G.31, Code 2023, is amended to read
27as follows:
28327G.31 Disagreement resolved.
29If a railroad corporation and the jurisdiction having
30authority cannot reach agreement on grade crossing surface
31repair and maintenance, either party may appeal to the
32department of inspections, and appeals, and licensing if prior
33to disagreement both parties have filed a statement with the
34state department of transportation to the effect that they have
35entered into negotiations on grade crossing surface repair
-1183-1and maintenance of a particular crossing. The department of
2inspections, and appeals, and licensing shall resolve the
3dispute in the manner provided in sections 327G.16 and 327G.17,
4except for the allocation of costs.
5 Sec. 2045. Section 327G.32, subsections 3 and 4, Code 2023,
6are amended to read as follows:
73. Other portions of this section notwithstanding, a
8political subdivision may pass an ordinance regulating the
9length of time a specific crossing may be blocked if the
10political subdivision demonstrates that an ordinance is
11necessary for public safety or convenience. If an ordinance
12is passed, the political subdivision shall, within thirty days
13of the effective date of the ordinance, notify the department
14and the railroad corporation using the crossing affected by the
15ordinance. The ordinance does not become effective unless the
16department and the railroad corporation are notified within
17thirty days. The ordinance becomes effective thirty days
18after notification unless a person files an objection to the
19ordinance with the department. If an objection is filed the
20department shall notify the department of inspections, and
21 appeals, and licensing which shall hold a hearing. After
22a hearing by the department of inspections, and appeals,
23and licensing, the state department of transportation may
24disapprove the ordinance if public safety or convenience
25does not require the ordinance. The decision of the state
26department of transportation is final agency action. The
27ordinance approved by the political subdivision is prima facie
28evidence that the ordinance is adopted to preserve public
29safety or convenience.
304. The department of inspections, and appeals, and
31licensing when considering rebuttal evidence shall weigh the
32benefits accruing to the political subdivision as they affect
33the general public use compared to the burden placed on the
34railroad operation. Public safety or convenience may include,
35but is not limited to, high traffic density at a specific
-1184-1crossing of a main artery or interference with the flow of
2authorized emergency vehicles.
3 Sec. 2046. Section 327G.62, Code 2023, is amended to read
4as follows:
5327G.62 Controversies — hearing — order — review.
6When a disagreement arises between a railroad corporation,
7its grantee, or its successor in interest, and the owner,
8lessee, or licensee of a building or other improvement,
9including trackage, used for receiving, storing, transporting,
10or manufacturing an article of commerce transported or to
11be transported, situated on a present or former railroad
12right-of-way or on land owned or controlled by the railroad
13corporation, its grantee, or its successor in interest, as
14to the terms and conditions on which the article is to be
15continued or removed, the railway corporation, its grantee, or
16its successor in interest, or the owner, lessee, or licensee
17may make written application to the department. The department
18shall notify the department of inspections, and appeals, and
19licensing which shall hear and determine the controversy and
20make an order which is just and equitable between the parties.
21That order is subject to review by the state department of
22transportation. The decision of the state department of
23transportation is final agency action.
24 Sec. 2047. Section 327G.65, Code 2023, is amended to read
25as follows:
26327G.65 Cost of construction.
27The railroad corporation may require the person primarily to
28be served to pay the legitimate cost and expense of acquiring,
29by condemnation or purchase, the necessary right-of-way for the
30spur track and of constructing it, as determined in separate
31items by the department. Except as provided in section
32327G.66, the total cost as ascertained by the department
33shall be deposited with the railroad corporation before it is
34required to incur expense. If an agreement cannot be reached,
35the question shall be referred to the department which may,
-1185-1after a hearing conducted by the department of inspections, and
2 appeals, and licensing, issue an order.
3 Sec. 2048. Section 327G.78, subsection 1, Code 2023, is
4amended to read as follows:
51. Subject to section 6A.16 and 327G.77, when a railroad
6corporation, its trustee, or its successor in interest has
7interests in real property adjacent to a railroad right-of-way
8that are abandoned by order of the surface transportation
9board, reorganization court, bankruptcy court, or the
10department, or when a railroad corporation, its trustee, or
11its successor in interest seeks to sell its interests in
12that property under any other circumstance, the railroad
13corporation, its trustee, or its successor in interest shall
14extend a written offer to sell at a fair market value price to
15the persons holding leases, licenses, or permits upon those
16properties, allowing sixty days from the time of receipt for a
17written response. If a disagreement arises between the parties
18concerning the price or other terms of the sale transaction,
19either or both parties may make written application to the
20department to resolve the disagreement. The application shall
21be made within sixty days from the time an initial written
22response is served upon the railroad corporation, trustee,
23or successor in interest by the person wishing to purchase
24the property. The department shall notify the department of
25inspections, and appeals, and licensing which shall hear the
26controversy and make a final determination of the fair market
27value of the property and the other terms of the transaction
28which were in dispute, within ninety days after the application
29is filed. The determination is subject to review by the
30department and the department’s decision is the final agency
31action. All correspondence shall be by certified mail.
32 Sec. 2049. Section 327G.79, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. The department of inspections and appeals’, appeals, and
35licensing’s determination and order shall be just and equitable
-1186-1and, in the case of the determination of the fair market value
2of the property, shall be based in part upon at least three
3independent appraisals prepared by certified appraisers. Each
4party shall select one appraiser and each appraisal shall be
5paid for by the party for whom the appraisal is prepared.
6The two appraisers shall select a third appraiser and the
7costs of this appraisal shall be divided equally between the
8parties. If the appraisers selected by the parties cannot
9agree on selection of a third appraiser, the state department
10of transportation shall appoint a third appraiser and the costs
11of this appraisal shall be divided equally between the parties.
122. The department of inspections and appeals’, appeals, and
13licensing’s determination and order is final for the purpose
14of administrative review to the district court as provided in
15chapter 17A. The district court’s scope of review shall be
16confined to whether there is substantial evidence to support
17the department of inspections and appeals’, appeals, and
18licensing’s determination and order.
19 Sec. 2050. Section 331.324, subsection 1, paragraph e, Code
202023, is amended to read as follows:
21e. Cooperate with the workers’ compensation commissioner and
22comply with requirements imposed upon counties under chapters
2386 chapter 10A, subchapter III, and chapter 87.
24 Sec. 2051. Section 331.394, subsection 5, paragraph c, Code
252023, is amended to read as follows:
26c. The county or region that received the notification,
27as applicable, shall respond to the party that provided
28the notification within forty-five days of receiving the
29notification. If the parties cannot agree to a settlement as
30to the person’s residency status within ninety days of the
31date of notification, on motion of any of the parties, the
32matter shall be referred to the department of inspections,
33 and appeals, and licensing for a contested case hearing under
34chapter 17A before an administrative law judge assigned in
35accordance with section 10A.801 to determine the person’s
-1187-1residency status.
2 Sec. 2052. Section 331.394, subsection 5, paragraph d,
3subparagraph (1), Code 2023, is amended to read as follows:
4(1) The administrative law judge’s determination of the
5person’s residency status shall be considered final agency
6action, notwithstanding contrary provisions of section 17A.15.
7The party that does not prevail in the determination or
8subsequent judicial review is liable for costs associated with
9the proceeding, including reimbursement of the department of
10inspections and appeals’, appeals, and licensing’s actual costs
11associated with the administrative proceeding. Judicial review
12of the determination may be sought in accordance with section
1317A.19.
14 Sec. 2053. Section 331.394, subsection 6, paragraph c, Code
152023, is amended to read as follows:
16c. The department, county, or region that received the
17notification, as applicable, shall respond to the party
18that provided the notification within forty-five days of
19receiving the notification. If the parties cannot agree to a
20settlement as to the dispute within ninety days of the date of
21notification, on motion of any of the parties, the matter shall
22be referred to the department of inspections, and appeals, and
23licensing for a contested case hearing under chapter 17A before
24an administrative law judge assigned in accordance with section
2510A.801 to determine facts and issue a decision to resolve the
26dispute.
27 Sec. 2054. Section 331.394, subsection 6, paragraph d,
28subparagraph (1), Code 2023, is amended to read as follows:
29(1) The administrative law judge’s decision is a final
30agency action, notwithstanding contrary provisions of section
3117A.15. The party that does not prevail in the decision or
32subsequent judicial review is liable for costs associated with
33the proceeding, including reimbursement of the department of
34inspections and appeals’, appeals, and licensing’s actual
35costs associated with the administrative proceeding. Judicial
-1188-1review of the decision may be sought in accordance with section
217A.19.
3 Sec. 2055. Section 331.653, subsection 10, Code 2023, is
4amended to read as follows:
510. Cooperate with the division of labor services of the
6 department of workforce development inspections, appeals, and
7licensing in the enforcement of child labor laws as provided
8in section 92.22.
9 Sec. 2056. Section 331.756, subsections 16 and 55, Code
102023, are amended to read as follows:
1116. Institute legal proceedings against persons who
12violate laws administered by the division of labor services
13of the department of workforce development under chapter 10A,
14subchapter II, as provided in section 91.11 10A.210.
1555. Make a written report to the department of inspections,
16 and appeals, and licensing within fifteen days of the end of
17each calendar quarter of the amount of funds which were owed to
18the state for indigent defense services and which were recouped
19pursuant to subsection 5.
20 Sec. 2057. Section 423.3, subsection 18, paragraph a, Code
212023, is amended to read as follows:
22a. Residential care facilities and intermediate care
23facilities for persons with an intellectual disability and
24residential care facilities for persons with mental illness
25licensed by the department of inspections, and appeals, and
26licensing under chapter 135C.
27 Sec. 2058. Section 425.28, subsection 4, Code 2023, is
28amended to read as follows:
294. In addition to the sharing of information under
30subsection 3, the department of human services may release
31information pertaining to a person’s eligibility or claim
32for or receipt of rent reimbursement to an employee of the
33department of inspections, and appeals, and licensing in the
34employee’s official conduct of an audit or investigation.
35 Sec. 2059. Section 453A.2, subsection 6, Code 2023, is
-1189-1amended to read as follows:
26. If a county or a city has not assessed a penalty pursuant
3to section 453A.22, subsection 2, for a violation of subsection
41, within sixty days of the adjudication of the violation,
5the matter shall be transferred to and be the exclusive
6responsibility of the alcoholic beverages division of the
7department of commerce. Following transfer of the matter, if
8the violation is contested, the alcoholic beverages division
9of the department of commerce shall request an administrative
10hearing before an administrative law judge, assigned by the
11division of administrative hearings of the department of
12inspections, and appeals, and licensing in accordance with
13the provisions of section 10A.801, to adjudicate the matter
14pursuant to chapter 17A.
15 Sec. 2060. Section 455B.135, Code 2023, is amended to read
16as follows:
17455B.135 Limit on authority.
18Nothing contained in this subchapter II or chapter 459,
19subchapter II, shall be deemed to grant to the department or
20the director any authority or jurisdiction with respect to
21air pollution existing solely within residences; or solely
22within commercial and industrial plants, works, or shops under
23the jurisdiction of chapters chapter 10A, subchapter II, and
24chapter 88 and 91; or to affect the relations between employers
25and employees with respect to, or arising out of, any condition
26of air pollution.
27 Sec. 2061. Section 455B.145, subsection 2, paragraphs b and
28c, Code 2023, are amended to read as follows:
29b. The director shall promptly investigate the application
30and approve or disapprove the application. The director may
31conduct a public hearing before action is taken to approve or
32disapprove. If the director disapproves issuing a certificate,
33the political subdivision may appeal the action to the
34department of inspections, and appeals, and licensing. At the
35hearing on appeal, the department of inspections, and appeals,
-1190-1and licensing shall decide whether the local program is
2substantially consistent with the provisions of this subchapter
3II, or rules adopted under this subchapter II, and whether the
4local program is being enforced. The burden of proof shall be
5upon the political subdivision.
6c. If the director determines at any time that a local air
7pollution program is being conducted in a manner inconsistent
8with the substantive provisions of this subchapter II or the
9rules adopted under this subchapter II, the director shall
10notify the political subdivision, citing the deviations
11from the acceptable standards and the corrective measures
12to be completed within a reasonable amount of time. If the
13corrective measures are not implemented as prescribed, the
14director shall suspend in whole or in part the certificate of
15acceptance of such political subdivision and shall administer
16the regulatory provisions of this subchapter II in whole or in
17part within the political subdivision until the appropriate
18standards are met. Upon receipt of evidence that necessary
19corrective action has been taken, the director shall reinstate
20the suspended certificate of acceptance, and the political
21subdivision shall resume the administration of the local air
22pollution control program within its jurisdiction. In cases
23where the certificate of acceptance is suspended, the political
24subdivision may appeal the suspension to the department of
25inspections, and appeals, and licensing.
26 Sec. 2062. Section 455B.271, subsection 2, unnumbered
27paragraph 1, Code 2023, is amended to read as follows:
28Subject to appeal to the department of inspections, and
29 appeals, and licensing, a permit may be modified or canceled by
30the director if any of the following occur:
31 Sec. 2063. Section 455B.390, subsection 1, Code 2023, is
32amended to read as follows:
331. Hazardous conditions existing solely within and which
34will probably continue to exist solely within commercial and
35industrial plants, works, or shops under the jurisdiction of
-1191-1chapters chapter 10A, subchapter II, and chapter 88 and 91.
2 Sec. 2064. Section 515B.5, subsection 2, paragraph h, Code
32023, is amended to read as follows:
4h. Request that all future payments of workers’ compensation
5weekly benefits, medical expenses, or other payments under
6chapter 10A, subchapter III, chapter 85, 85A, 85B, 86, or 87
7be commuted to a present lump sum and upon the payment of
8which, either to the claimant or to a licensed insurer for
9purchase of an annuity or other periodic payment plan for the
10benefit of the claimant, the employer and the association shall
11be discharged from all further liability for the workers’
12compensation claim. Notwithstanding the provisions of
13section 85.45, any future payment of medical expenses, weekly
14compensation benefits, or other payment by the association
15under this chapter pursuant to chapter 10A, subchapter III,
16 chapter 85, 85A, 85B, 86, or 87, is deemed an undue expense,
17hardship, or inconvenience upon the employer for purposes of
18a full commutation pursuant to section 85.45, subsection 1,
19paragraph “b”, and the workers’ compensation commissioner shall
20fix the lump sum of the probable future medical expenses and
21weekly compensation benefits capitalized at their present value
22upon the basis of interest at the rate provided in section
23535.3 for court judgments and decrees.
24 Sec. 2065. Section 524.208, Code 2023, is amended to read
25as follows:
26524.208 Examiners and other employees.
27The superintendent may appoint examiners and other
28employees, including for the banking division’s internal
29information technology group, as the superintendent deems
30necessary to the proper discharge of the duties imposed upon
31the superintendent by the laws of this state. Pay plans shall
32be established for employees, other than clerical employees or
33employees of the professional licensing and regulation bureau
34of the banking division, who examine the accounts and affairs
35of state banks and who examine the accounts and affairs of
-1192-1other persons, subject to supervision and regulation by the
2superintendent, which are substantially equivalent to those
3paid by the federal deposit insurance corporation and other
4federal supervisory agencies in this area of the United States.
5 Sec. 2066. Section 524.211, subsection 5, Code 2023, is
6amended to read as follows:
75. An employee of the banking division, other than the
8superintendent or a member of the state banking council or one
9of the boards in the professional licensing and regulation
10bureau of the division, shall not perform any services for, and
11shall not be a shareholder, member, partner, owner, director,
12officer, or employee of, any enterprise, person, or affiliate
13subject to the regulatory purview of the banking division.
14 Sec. 2067. Section 542B.22, Code 2023, is amended to read
15as follows:
16542B.22 Procedure.
17Proceedings for any action under section 542B.21 shall be
18begun by filing with the board written charges against the
19accused. Upon the filing of charges the board may request
20the department of inspections, and appeals, and licensing to
21conduct an investigation into the charges. The department
22of inspections, and appeals, and licensing shall report its
23findings to the board, and the board shall designate a time
24and place for a hearing, and shall notify the accused of this
25action and furnish the accused a copy of all charges at least
26thirty days prior to the date of the hearing. The accused has
27the right to appear personally or by counsel, to cross-examine
28witnesses, and to produce witnesses in defense.
29 Sec. 2068. Section 543C.4, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. The commission may request the department of
32inspections, and appeals, and licensing to conduct an
33investigation and inspection to be made of any subdivided land
34proposed to be offered for sale or lease in this state pursuant
35to this chapter. The department of inspections, and appeals,
-1193-1and licensing shall make a report of its findings.
22. If an inspection is to be made of subdivided land
3situated outside of this state and offered for sale in this
4state, the inspection as authorized by subsection 1 shall
5be made by the department of inspections, and appeals,
6and licensing at the expense of the subdivider. After the
7application required by section 543C.2 is filed and after
8the filing fee required by section 543C.8 is received, the
9commission may decide whether an inspection pursuant to this
10subsection is to be made. If the commission requires an
11inspection, the department of inspections, and appeals, and
12licensing shall so notify the subdivider and the subdivider
13shall remit to the department an amount equivalent to the
14round trip cost of travel from this state to the location
15of the project, as estimated by the department and a further
16amount estimated to be necessary to cover the additional
17expenses of inspection but not to exceed fifty dollars a day
18for each day incurred in the inspection. The costs of any
19subsequent inspections deemed necessary shall be paid for by
20the subdivider. At the completion of an inspection trip the
21department shall furnish the subdivider a statement as to the
22costs of the inspection trip, and if the costs are less than
23the amount advanced by the subdivider to the department, the
24remaining balance shall be refunded to the subdivider.
25 Sec. 2069. Section 544B.16, Code 2023, is amended to read
26as follows:
27544B.16 Complaints — procedure.
28A person may file a complaint with the board against a
29professional landscape architect or the board may initiate
30a complaint. Unless the complaint is dismissed by the
31board as unfounded or trivial, the board may request the
32department of inspections, and appeals, and licensing to
33conduct an investigation into the complaint. The department
34of inspections, and appeals, and licensing shall report its
35findings to the board, and the board shall hold a hearing
-1194-1within sixty days after the date on which the complaint is
2filed. The board shall fix the time and place for such hearing
3and shall cause a copy of the complaint, together with a notice
4of the time and place fixed for the hearing, to be served on
5the accused at least thirty days before the date fixed for the
6hearing. Where personal service cannot be effected, service
7may be effected by publication. At such hearing, the accused
8shall have the right to appear personally or by counsel, to
9cross-examine witnesses against the accused, and to produce
10evidence and witnesses in defense. After the hearing, the
11board may suspend or revoke the certificate of licensure. The
12board may restore the certificate of licensure to any person
13whose certificate of licensure has been revoked. Application
14for the restoration of a certificate of licensure shall be made
15in such manner, form, and content as the board may prescribe.
16 Sec. 2070. Section 546.2, subsection 6, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18Each division is responsible for policymaking and
19enforcement duties assigned to the division under the law.
20Except as provided in section 546.10, subsection 3:
21 Sec. 2071. Section 546.3, subsection 1, Code 2023, is
22amended to read as follows:
231. The banking division shall regulate and supervise banks
24under chapter 524, debt management licensees under chapter
25533A, money services under chapter 533C, delayed deposit
26services under chapter 533D, mortgage bankers and brokers
27under chapter 535B, regulated loan companies under chapter
28536, and industrial loan companies under chapter 536A, real
29estate appraisers under chapter 543D, and appraisal management
30companies under chapter 543E, and shall perform other duties
31assigned to the division by law. The division is headed by the
32superintendent of banking who is appointed pursuant to section
33524.201. The state banking council shall render advice within
34the division when requested by the superintendent.
35 Sec. 2072. Section 600.2, subsection 2, Code 2023, is
-1195-1amended to read as follows:
22. “Investigator” means a natural person who is certified or
3approved by the department of human services, after inspection
4by the department of inspections, and appeals, and licensing,
5as being capable of conducting an investigation under section
6600.8.
7 Sec. 2073. Section 600A.2, subsection 5, Code 2023, is
8amended to read as follows:
95. “Certified adoption investigator” means a person who is
10certified and approved by the department of human services,
11after inspection by the department of inspections, and appeals,
12and licensing, as being capable of conducting an investigation
13under section 600.8.
14 Sec. 2074. Section 626.29, Code 2023, is amended to read as
15follows:
16626.29 Distress warrant by director of revenue, director of
17inspections, and appeals, and licensing, or director of workforce
18development.
19In the service of a distress warrant issued by the director
20of revenue for the collection of taxes administered by or debts
21to be collected by the department of revenue, in the service of
22a distress warrant issued by the director of inspections, and
23 appeals, and licensing for the collection of overpayment debts
24owed to the department of human services, or in the service of
25a distress warrant issued by the director of the department of
26workforce development for the collection of employment security
27contributions, the property of the taxpayer or the employer in
28the possession of another, or debts due the taxpayer or the
29employer, may be reached by garnishment.
30 Sec. 2075. Section 626.30, Code 2023, is amended to read as
31follows:
32626.30 Expiration or return of distress warrant.
33Proceedings by garnishment under a distress warrant issued
34by the director of revenue or the director of inspections, and
35 appeals, and licensing shall not be affected by the expiration
-1196-1or return of the warrant.
2 Sec. 2076. Section 626.31, Code 2023, is amended to read as
3follows:
4626.31 Return of garnishment — action docketed — distress
5action.
6Where parties have been garnished under a distress
7warrant issued by the director of revenue or the director of
8inspections, and appeals, and licensing, the officer shall make
9return thereof to the court in the county where the garnishee
10lives, if the garnishee lives in Iowa, otherwise in the county
11where the taxpayer resides, if the taxpayer lives in Iowa;
12and if neither the garnishee nor the taxpayer lives in Iowa,
13then to the district court in Polk county, Iowa; the officer
14shall make return in the same manner as a return is made on
15a garnishment made under a writ of execution so far as they
16relate to garnishments, and the clerk of the district court
17shall docket an action thereon without fee the same as if a
18judgment had been recovered against the taxpayer in the county
19where the return is made, an execution issued thereon, and
20garnishment made thereunder, and thereafter the proceedings
21shall conform to proceedings in garnishment under attachments
22as nearly as may be. The warrant shall be considered in all
23respects as a final judgment.
24 Sec. 2077. Section 626.76, Code 2023, is amended to read as
25follows:
26626.76 Labor commissioner Department of inspections, appeals,
27and licensing director to represent.
28The labor commissioner, appointed pursuant to section
2991.2 director of the department of inspections, appeals,
30and licensing, may, at the labor commissioner’s director’s
31 discretion, represent laborers or employees seeking payment for
32labor or wage claims from the receiver, trustee, or assignee,
33or the court, or the person charged with the property, in
34accordance with and subject to the provisions of sections
35626.69 and 626.71.
-1197-1 Sec. 2078. Section 724.21A, subsections 1 and 6, Code 2023,
2are amended to read as follows:
31. In any case where the sheriff or the commissioner of
4public safety denies an application for or suspends or revokes
5a permit to carry weapons or a permit to acquire pistols
6or revolvers, the sheriff or commissioner shall provide a
7written statement of the reasons for the denial, suspension, or
8revocation and the applicant or permit holder shall have the
9right to appeal the denial, suspension, or revocation to an
10administrative law judge in the department of inspections, and
11 appeals, and licensing within thirty days of receiving written
12notice of the denial, suspension, or revocation.
136. The department of inspections, and appeals, and
14licensing shall adopt rules pursuant to chapter 17A as
15necessary to carry out the provisions of this section.
16 Sec. 2079. Section 729.6, subsection 9, paragraph a, Code
172023, is amended to read as follows:
18a. Investigating a workers’ compensation claim under chapter
1910A, subchapter III, and chapters 85, 85A, and 85B, and 86.
20 Sec. 2080. Section 815.11, subsection 1, Code 2023, is
21amended to read as follows:
221. Costs incurred for legal representation by a
23court-appointed attorney under chapter 229A, 665, 822, or 908,
24or section 232.141, subsection 3, paragraph “d”, or section
25598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
26815.10 on behalf of an indigent shall be paid from moneys
27appropriated by the general assembly to the office of the state
28public defender in the department of inspections, and appeals,
29and licensing and deposited in an account to be known as the
30indigent defense fund, except as provided in subsection 2.
31Costs incurred representing an indigent defendant in a contempt
32action, representing an indigent juvenile in a juvenile court
33proceeding, or representing a person pursuant to section 13B.13
34are also payable from the fund. However, costs incurred in any
35administrative proceeding or in any other proceeding under this
-1198-1chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or
2other provisions of the Code or administrative rules are not
3payable from the fund.
4 Sec. 2081. Section 915.83, subsection 4, Code 2023, is
5amended to read as follows:
64. Request from the department of human services, the
7department of workforce development and its, the division
8of workers’ compensation of the department of inspections,
9appeals, and licensing, the department of public safety, the
10county sheriff departments, the municipal police departments,
11the county attorneys, or other public authorities or agencies
12reasonable assistance or data necessary to administer the crime
13victim compensation program.
14 Sec. 2082. 2020 Iowa Acts, chapter 1064, section 16,
15subsection 4, is amended to read as follows:
164. Priority. In the case of multiple claims to payments
17filed under this section, priority shall be given to claims
18filed by the child support recovery unit or the foster care
19recovery unit, next priority shall be given to claims filed
20by the clerk of the district court, next priority shall be
21given to claims filed by the investigations division of the
22 department of inspections, and appeals, and licensing relating
23to investigations by the department, next priority shall be
24given to claims that will be deposited into the state general
25fund, and last priority shall be given to claims filed by other
26public agencies. In the case of multiple claims in which the
27priority is not otherwise provided by this subsection, priority
28shall be determined in accordance with rules to be established
29by the department.
30 Sec. 2083. CODE EDITOR DIRECTIVE.
311. The Code editor is directed to make the following
32transfers:
33a. Section 92.1 to section 92.1A.
34b. Section 92.1B to section 92.1.
352. The Code editor shall correct internal references in the
-1199-1Code and in any enacted legislation as necessary due to the
2enactment of this section.
3 Sec. 2084. CONTINGENT EFFECTIVE DATE. The following takes
4effect on the effective date of the rules adopted by the
5department of revenue pursuant to chapter 17A implementing 2020
6Iowa Acts, chapter 1064, other than transitional rules:
7The section of this division of this Act amending 2020 Iowa
8Acts, chapter 1064.
9DIVISION IV
10DEPARTMENT OF JUSTICE
11 Sec. 2085. Section 6B.18, subsection 3, Code 2023, is
12amended to read as follows:
133. In case of condemnation proceedings instituted by the
14state department of transportation, when the owner appeals from
15the assessment made, such notice of appeal shall be served upon
16the attorney general, or the department general counsel to
17the state department of transportation, or the chief highway
18engineer for the department.
19 Sec. 2086. Section 8A.412, subsection 11, Code 2023, is
20amended to read as follows:
2111. Professional employees under the supervision of the
22attorney general, the state public defender, the secretary
23of state, the auditor of state, the treasurer of state, and
24the public employment relations board. However, employees of
25the consumer advocate division of the department of justice,
26other than the consumer advocate, and administrative law judges
27appointed or employed by the public employment relations board
28are subject to the merit system.
29 Sec. 2087. Section 13.2, subsection 1, paragraphs b and o,
30Code 2023, are amended to read as follows:
31b. Prosecute and defend in any other court or tribunal,
32all actions and proceedings, civil or criminal, in which the
33state may be a party or interested, when, in the attorney
34general’s judgment, the interest of the state requires such
35action, or when requested to do so by the governor, executive
-1200-1council, or general assembly. The attorney general may
2prosecute a criminal proceeding on behalf of the state even if
3a county attorney does not request the attorney general to act
4as a county attorney in a proceeding under section 331.754,
5subsection 7.
6o. Submit a report by January 15 of each year to the
7co-chairpersons and ranking members of the joint appropriations
8subcommittee on the justice system, to the executive council,
9and to the legislative services agency detailing the amount of
10annual money receipts generated by each settlement or judgment
11in excess of two hundred fifty thousand dollars collected
12pursuant to legal proceedings under chapters 455B, 553, and 714
13all money settlement awards and court money awards that were
14awarded to the state of Iowa. The report shall include the
15name of the civil or criminal case involved, the specify the
16parties to each settlement or court proceeding, any court of
17jurisdiction, the settlement amount, the state’s share of the
18settlement amount, the name of the fund in which the receipts
19were deposited, and the planned use of the moneys.
20 Sec. 2088. Section 13.4, Code 2023, is amended to read as
21follows:
2213.4 Assistant and deputy attorneys general.
23The attorney general may appoint a first assistant chief
24deputy attorney general and such other deputy and assistant
25attorneys general as may be authorized by law, who shall devote
26their entire time to the duties of their positions. The deputy
27and assistant attorneys general shall, subject to the direction
28of the attorney general, have the same power and authority as
29the attorney general.
30 Sec. 2089. Section 13.6, Code 2023, is amended by striking
31the section and inserting in lieu thereof the following:
3213.6 Agency reimbursement for legal services.
33The attorney general may charge departments, agencies, and
34other state governmental entities for the cost of performing
35legal services for the department, agency, or governmental
-1201-1entity. Upon request of the attorney general, a department
2or agency shall provide and equip a suitable office for an
3assistant attorney general or other staff providing legal
4services exclusively for that department or agency.
5 Sec. 2090. Section 13.7, subsection 1, Code 2023, is amended
6to read as follows:
71. Compensation shall not be allowed to any person for
8services as an attorney or counselor to an executive department
9of the state government, or the head of an executive department
10of state government, or to a state board or commission A
11department, agency, or other state governmental entity shall
12not contract for legal services to be provided by a private
13attorney unless authorized by the executive council under
14this section or section 13.3. However, the The executive
15council may authorize employment of legal assistance, at a
16reasonable compensation, in a pending action or proceeding to
17protect the interests of the state, but only upon a sufficient
18showing, in writing, made by the attorney general, that the
19department of justice cannot for reasons stated by the attorney
20general perform the service. The reasons and action of the
21executive council shall be entered upon its records. If the
22attorney general determines that the department of justice
23cannot perform legal service in an action or proceeding,
24the executive council shall request the department involved
25in the action or proceeding to recommend legal counsel to
26represent the department. If the attorney general concurs with
27the department that the person recommended is qualified and
28suitable to represent the department, the person recommended
29shall be employed. If the attorney general does not concur
30in the recommendation, the department shall submit a new
31recommendation. This subsection does not affect the general
32counsel for the utilities board of the department of commerce,
33the legal counsel of the department of workforce development,
34or the general counsel for the property assessment appeal
35board.
-1202-1 Sec. 2091. Section 13.9, Code 2023, is amended to read as
2follows:
313.9 Salary.
4The salary of the attorney general shall be as fixed by
5the general assembly, and the salaries of the first assistant
6 chief deputy attorney general and other deputy and assistant
7attorneys general shall be such as may be fixed by law.
8 Sec. 2092. Section 13.11, Code 2023, is amended by striking
9the section and inserting in lieu thereof the following:
1013.11 Exclusive criminal jurisdiction over election crimes.
11Notwithstanding any provision of law to the contrary, the
12attorney general shall have exclusive jurisdiction to prosecute
13all criminal proceedings under chapter 39A.
14 Sec. 2093. Section 20.4, subsection 9, Code 2023, is amended
15to read as follows:
169. Persons employed by the state department of justice,
17except nonsupervisory employees of the consumer advocate
18division who are employed primarily for the purpose of
19performing technical analysis of nonlegal issues.
20 Sec. 2094. Section 25.1, subsection 2, unnumbered paragraph
211, Code 2023, is amended to read as follows:
22The state appeal board shall make a record of the receipt
23of claims received from the director of the department of
24management, notify the special assistant attorney general for
25claims, and deliver a copy to the state official or agency
26against whom the claim is made, if any.
27 Sec. 2095. Section 25.1, subsection 2, paragraph a, Code
282023, is amended to read as follows:
29a. The official or agency shall report its recommendations
30concerning the claim to the special assistant attorney general
31for claims who, with a view to determining the merits and
32legality of the claim, shall investigate the claim and report
33the findings and conclusions of the investigation to the state
34appeal board.
35 Sec. 2096. Section 25.2, subsection 1, unnumbered paragraph
-1203-11, Code 2023, is amended to read as follows:
2The state appeal board with the recommendation of the
3special assistant attorney general for claims may approve
4or reject claims against the state of less than five years
5involving the following:
6 Sec. 2097. Section 25.3, Code 2023, is amended to read as
7follows:
825.3 Filing with general assembly — testimony.
9On the second day after the convening of each regular
10session of the general assembly, the state appeal board shall
11file with the clerk of the house of representatives and the
12secretary of the senate a list of all claims rejected by the
13state appeal board together with a copy of the report made
14to it by the special assistant attorney general for claims
15 and its recommendation thereon for each claim, which report
16and recommendation shall be delivered to the claims committee
17of the house and senate. Any testimony taken by the special
18assistant attorney general for claims shall be preserved by the
19state appeal board and made available to the claims committee
20of the general assembly.
21 Sec. 2098. Section 25.4, Code 2023, is amended to read as
22follows:
2325.4 Assistant attorney Attorney general — salary.
24The attorney general shall appoint a special assistant
25attorney general for claims who shall, under the direction of
26the attorney general, investigate and report on all claims
27between the state and other parties, which may be referred to
28the state appeal board, and on any other claims or matters
29which the state appeal board or the attorney general may
30direct.
31 Sec. 2099. Section 25.5, Code 2023, is amended to read as
32follows:
3325.5 Testimony — filing with board.
34The special assistant attorney general for claims shall
35fully investigate each claim and the facts upon which same
-1204-1is based and may take testimony in the form of affidavits or
2otherwise, and in connection therewith shall ex officio be
3empowered to administer oaths, to compel the attendance of
4witnesses and certify to any district court for contempt. All
5testimony, affidavits, and other papers in connection with
6a claim, obtained by the special assistant attorney general
7for claims in making an investigation shall be filed with the
8report to the state appeal board.
9 Sec. 2100. Section 25.6, Code 2023, is amended to read as
10follows:
1125.6 Claims by state against municipalities.
12The state appeal board may investigate and collect claims
13which the state has against municipal or political corporations
14in the state including counties, cities, townships, and school
15corporations. The board shall refer any such claim to the
16special assistant attorney general for claims, when the claim
17has not been promptly paid, and if the special assistant
18 attorney general for claims is not able to collect the full
19amount of the claim, the special assistant attorney general
20shall fully investigate and report to the state appeal board
21findings of fact and conclusions of law, together with any
22recommendation as to the claim. Thereafter the state appeal
23board may effect a compromise settlement with the debtor in an
24amount and under terms as the board deems just and equitable
25in view of the findings and conclusions reported to it. If
26the state appeal board is unable to collect a claim in full
27or effect what it has determined to be a fair compromise, it
28shall deliver the claim to the attorney general for action
29as the attorney general shall determine and the special
30assistant attorney general for claims is specifically charged
31with carrying out the directions of the attorney general with
32reference to the claim. When a claim is compromised by the
33state appeal board, the board shall file with the department
34of management and the department of administrative services a
35statement as to the settlement, together with a true copy of
-1205-1the agreement of settlement, and if in settlement an amount
2less than the face amount is accepted in full, the proper
3entries shall be made in the books of the department of
4management, the department of administrative services, and the
5auditor of state showing the amount of the claim, the amount of
6the settlement, and the amount charged off.
7 Sec. 2101. Section 39A.6, subsection 4, Code 2023, is
8amended to read as follows:
94. Upon issuing a technical infraction, the state
10commissioner shall immediately inform the attorney general and
11relevant county attorney if the apparent violation constitutes
12or may constitute election misconduct under this chapter.
13 Sec. 2102. Section 39A.7, Code 2023, is amended to read as
14follows:
1539A.7 Election misconduct — investigation.
161. The attorney general or county attorney shall
17investigate allegations of election misconduct reported to the
18attorney general or county attorney. Election misconduct by an
19election official shall also be investigated for prosecution
20under chapter 721.
212. Upon the completion of an investigation required by this
22section, the attorney general or county attorney shall submit
23the results of the investigation to the state commissioner and
24explain whether the attorney general or county attorney will
25pursue charges.
26 Sec. 2103. Section 48A.41, subsection 2, Code 2023, is
27amended to read as follows:
282. If in the course of an audit under this section the state
29registrar of voters finds that a commissioner of registration
30has failed to perform required voter list maintenance,
31the state registrar of voters shall submit the audit to
32the relevant county attorney and attorney general within
33twenty-four hours for investigation of a violation of section
3439A.3, subsection 1, paragraph “b”, subparagraph (9), or other
35provision of law.
-1206-1 Sec. 2104. Section 80.1, Code 2023, is amended to read as
2follows:
380.1 Department created.
4There is hereby created a department of the state government
5which shall be known and designated as the department of public
6safety, which shall consist of a commissioner of public safety
7and of such officers and employees as may be required, one of
8whom shall be an attorney admitted to practice law in this
9state. Such attorney shall be an assistant attorney general
10appointed by the attorney general who shall fix the assistant’s
11salary. The department shall reimburse the attorney general
12for the salary and expense of such assistant attorney general
13and furnish the assistant a suitable office if requested by the
14attorney general.
15 Sec. 2105. Section 307.23, Code 2023, is amended to read as
16follows:
17307.23 General Legal counsel.
181. The general counsel shall be a special assistant attorney
19general appointed by the attorney general who shall act as the
20attorney for the department. The general counsel shall have
21the following duties and responsibilities It shall be the duty
22of the attorney general to do all of the following:
23a. Act as legal advisor to the department, commission, and
24the director.
25b. Provide all legal services for the department.
262. The attorney general shall appoint additional assistant
27attorneys general as the director deems necessary to carry
28out the these duties assigned to the office of the general
29counsel. The salary of the general counsel shall be fixed by
30the director, subject to the approval of the attorney general.
31The director shall provide and furnish a suitable office for
32the general counsel upon request of the attorney general.
33 Sec. 2106. Section 327C.30, Code 2023, is amended to read
34as follows:
35327C.30 Duty of department, general counsel attorney general,
-1207-1 and county attorney.
2When any proceeding has been instituted under sections
3327C.28 and 327C.29, the department attorney general counsel
4 shall prosecute the same, and the county attorney of the
5county in which such proceeding is pending shall render such
6assistance as the department attorney general counsel may
7require.
8 Sec. 2107. Section 331.756, subsection 49, Code 2023, is
9amended to read as follows:
1049. Assist, upon request, the department of
11transportation’s attorney general counsel in the prosecution of
12violations of common carrier laws and regulations as provided
13in section 327C.30.
14 Sec. 2108. Section 475A.1, subsections 1 and 2, Code 2023,
15are amended to read as follows:
161. Appointment. The attorney general shall appoint a
17competent attorney to the office of consumer advocate, who
18shall serve at the pleasure of the attorney general, subject to
19confirmation by the senate, no less frequently than once every
20four years, in accordance with section 2.32. The consumer
21advocate is the chief administrator of the consumer advocate
22division of the department of justice. The advocate’s term of
23office is for four years. The term begins and ends in the same
24manner as set forth in section 69.19.
252. Vacancy. If a vacancy occurs in the office of consumer
26advocate, the vacancy shall be filled for the unexpired term in
27the same manner as an original appointment under the procedures
28of section 2.32.
29 Sec. 2109. Section 475A.1, subsection 5, Code 2023, is
30amended by striking the subsection.
31 Sec. 2110. Section 475A.2, subsections 2 and 5, Code 2023,
32are amended to read as follows:
332. Act as attorney for and represent Represent the interests
34of all consumers generally and the public generally in all
35proceedings before the utilities board.
-1208- 15. Act as attorney for and represent Represent the
2interests of all consumers generally and the public generally
3in proceedings before federal and state agencies and related
4judicial review proceedings and appeals, at the discretion of
5the consumer advocate.
6 Sec. 2111. Section 475A.3, subsection 2, Code 2023, is
7amended to read as follows:
82. Employees. The consumer advocate attorney general
9 may employ attorneys, legal assistants, secretaries, clerks,
10and other employees the consumer advocate finds necessary
11for the full and efficient discharge of the duties and
12responsibilities of the office consumer advocate division. The
13consumer advocate may employ consultants as expert witnesses
14or technical advisors pursuant to contract as the consumer
15advocate finds necessary for the full and efficient discharge
16of the duties of the office. Employees of the consumer
17advocate division, other than the consumer advocate, are
18subject to merit employment, except as provided in section
198A.412.
20 Sec. 2112. REPEAL. Section 13.5, Code 2023, is repealed.
21 Sec. 2113. EFFECTIVE DATE. This division of this Act, being
22deemed of immediate importance, takes effect upon enactment.
23DIVISION V
24ECONOMIC DEVELOPMENT AUTHORITY
25cultural affairs
26 Sec. 2114. Section 7E.5, subsection 1, paragraph g, Code
272023, is amended to read as follows:
28g. The economic development authority, created in section
2915.105, which has responsibility for ensuring that the
30economic development policies of the state are effectively and
31efficiently carried out, and for managing the state’s interest
32in the areas of the arts, history, and other cultural matters.
33 Sec. 2115. Section 7E.5, subsection 1, paragraph l, Code
342023, is amended by striking the paragraph.
35 Sec. 2116. Section 8A.412, subsection 14, Code 2023, is
-1209-1amended to read as follows:
214. Professional employees of engaged in activities related
3to the arts division of under the supervision of the department
4of cultural affairs economic development authority.
5 Sec. 2117. Section 15.108, subsection 5, paragraph c, Code
62023, is amended to read as follows:
7c. Coordinate and develop with the department of
8transportation, the department of natural resources, the
9department of cultural affairs, the enhance Iowa board,
10other state agencies, and local and regional entities public
11interpretation, marketing, and education programs that
12encourage Iowans and out-of-state visitors to participate in
13the recreational and leisure opportunities available in Iowa.
14The authority shall establish and administer a program that
15helps connect both Iowa residents and residents of other states
16to new and existing Iowa experiences as a means to enhance the
17economic, social, and cultural well-being of the state. The
18program shall include a broad range of new opportunities, both
19rural and urban, including main street destinations, green
20space initiatives, and artistic and cultural attractions.
21 Sec. 2118. Section 15.108, subsection 5, paragraph l, Code
222023, is amended by striking the paragraph.
23 Sec. 2119. Section 15.108, subsection 9, Code 2023, is
24amended by striking the subsection and inserting in lieu
25thereof the following:
269. Cultural affairs. To develop the state’s interest in
27the areas of the arts, history, and other cultural matters. To
28carry out this responsibility, the authority shall:
29a. Accept, receive, and administer grants or other funds or
30gifts from public or private agencies, including the federal
31government, for the authority.
32b. Administer the Iowa cultural trust, as advised and
33assisted by the Iowa arts council, as provided in chapter 303A,
34and do all of the following:
35(1) Develop and adopt by rule criteria for the issuance
-1210-1of trust fund credits by measuring the efforts of qualified
2organizations to increase their endowment or other resources
3for the promotion of the arts, history, or the sciences and
4humanities in Iowa. For purposes of this paragraph, “qualified
5organization” means a tax-exempt, nonprofit organization
6whose primary mission is to promote the arts, history, or the
7sciences and humanities in Iowa. If the authority determines
8that a qualified organization has increased the amount of the
9qualified organization’s endowment and other resources, the
10authority shall certify the amount of increase in the form of
11trust fund credits to the treasurer, who shall deposit in the
12Iowa cultural trust fund, from moneys received for purposes
13of the trust fund as provided in section 303A.4, subsection
142, an amount equal to the trust fund credits. If the amount
15of the trust fund credits issued by the authority exceeds the
16amount of moneys available to be deposited in the trust fund as
17provided in section 303A.4, subsection 2, the outstanding trust
18fund credits shall not expire but shall be available to draw
19down additional moneys which become available to be deposited
20in the trust fund as provided in section 303A.4, subsection 2.
21(2) Develop and implement, in accordance with subchapter
22II, part 30, a grant application process for grants issued to
23qualified organizations.
24(3) Develop and adopt by rule criteria for the approval of
25Iowa cultural trust grants. The criteria shall include but
26shall not be limited to the future stability and sustainability
27of a qualified organization.
28(4) Compile, in consultation with the Iowa arts council,
29a list of grant applications recommended for funding in
30accordance with the amount available for distribution as
31provided in section 303A.6, subsection 3. The list of
32recommended grant applications shall be submitted to the Iowa
33cultural trust board of trustees for approval.
34(5) Monitor the allocation and use of grant moneys by all
35qualified organizations to determine whether moneys are used
-1211-1in accordance with the provisions of this paragraph “b” and
2subchapter II, part 30.The authority shall annually submit
3a report with the authority’s findings and recommendations to
4the Iowa cultural trust board of trustees prior to final board
5action in approving grants for the next succeeding fiscal year.
6c. Design a comprehensive, statewide, long-range plan with
7the assistance of the Iowa arts council to develop the arts
8in Iowa. The authority is designated as the state agency for
9carrying out the plan.
10d. By rule, establish advisory groups as necessary for the
11receipt of federal funds or grants or the administration of any
12of the authority’s programs.
13e. Develop and implement fee-based educational programming
14opportunities, including preschool programs, related to arts,
15history, and other cultural matters for Iowans of all ages.
16f. Conduct surveys of existing art and cultural programs
17and activities within the state, including but not limited to
18music, theater, dance, painting, sculpture, architecture, and
19allied arts and crafts. The authority shall submit a report
20on the survey to the governor and to the general assembly no
21later than ten calendar days after the commencement of each
22first session of the general assembly recommending appropriate
23legislation or other action as the authority deem appropriate.
24g. Establish and administer a film office. The purpose
25of the film office is to assist legitimate film, television,
26and video producers in the production of film, television, and
27video projects in the state, and to increase the fiscal impact
28on the state’s economy of film, television, and video projects
29produced in the state.
30 Sec. 2120. Section 15.108, Code 2023, is amended by adding
31the following new subsection:
32 NEW SUBSECTION. 12. Miscellaneous. To provide other
33necessary services, the authority shall do all of the
34following:
35a. Collect and assemble, or cause to have collected and
-1212-1assembled, all pertinent information available regarding the
2industrial, agricultural, and public and private recreation
3and tourism opportunities and possibilities of the state
4of Iowa, including raw materials and products that may be
5produced from the raw materials; power and water resources;
6transportation facilities; available markets; the banking and
7financing facilities; the availability of industrial sites; the
8advantages of the state as a whole, and particular sections
9of the state, as industrial locations; the development of a
10grain alcohol motor fuel industry and its related products;
11and other fields of research and study as the board deems
12necessary. This information shall consider the encouragement
13of new industrial enterprises in the state and the expansion
14of industries now existing within the state, and allied fields
15to those industries. The information shall also consider the
16changing composition of the Iowa family, the level of poverty
17among different age groups, and different family structures in
18Iowa society and their impact on Iowa families.
19b. Apply for, receive, contract for, and expend federal
20funds and grants, and funds and grants from other sources.
21c. Except as otherwise provided in sections 8A.110, 260C.14,
22and 262.9, provide that an inventor whose research is funded
23in whole or in part by the state shall assign to the state a
24proportionate part of the inventor’s rights to a letter patent
25resulting from that research. The state's portion of the
26royalties or earnings derived from a letter patent shall be
27paid to the treasurer of state and credited by the treasurer to
28the general fund of the state. The authority, in conjunction
29with other state agencies including the board of regents,
30shall provide incentives to inventors whose research is funded
31in whole or in part by the state to encourage the inventors
32to have the invented products produced in the state. The
33incentives may include the state receiving a smaller portion of
34the inventor’s royalties or earnings than would otherwise occur
35under this paragraph or other provisions of law.
-1213- 1d. Administer or oversee federal rural economic development
2programs in the state.
3e. At the director’s discretion, accept payment by
4credit card of any fees, interest, penalties, subscriptions,
5registrations, purchases, or other payments, or any portion of
6such payments, which are due or collected by the authority.
7The authority may adjust the amount of the payment to reflect
8the costs of processing the payment as determined by the
9treasurer of state. Payment by credit card shall include, in
10addition to all other charges, any discount charged by the
11credit card issuer.
12f. Provide technical assistance to individuals who
13are pursuing the purchase and operation of employee-owned
14businesses.
15g. Administer the Iowa energy center established in section
1615.120. This paragraph “g” is repealed July 1, 2027.
17h. Administer the partner state program created in section
1815.421.
19 Sec. 2121. Section 15.274, Code 2023, is amended to read as
20follows:
2115.274 Promotional program for national historic landmarks
22and cultural and entertainment districts.
23The economic development authority, in cooperation with
24the state department of transportation and the department of
25cultural affairs, shall establish and administer a program
26designed to promote knowledge of and access to buildings,
27sites, districts, structures, and objects located in this state
28that have been designated by the secretary of the interior
29of the United States as a national historic landmark, unless
30the national historic landmark is protected under section
3122.7, subsection 20, and certified cultural and entertainment
32districts, as established pursuant to section 303.3B. The
33program shall be designed to maximize the visibility and
34visitation of national historic landmarks in this state and
35buildings, sites, structures, and objects located in certified
-1214-1cultural and entertainment districts, as established pursuant
2to section 303.3B. Methods used to maximize the visibility and
3visitation of such locations may include the use of tourism
4literature, signage on highways, maps of the state and cities,
5and internet sites. For purposes of this section, “highway”
6means the same as defined in section 325A.1.
7 Sec. 2122. Section 99F.11, subsection 4, paragraph d,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) Five hundred twenty thousand dollars is appropriated
10each fiscal year to the department of cultural affairs economic
11development authority with one-half of the moneys allocated for
12operational support grants and the remaining one-half allocated
13for the community cultural grants program established under
14section 303.3.
15 Sec. 2123. Section 103A.45, subsection 4, Code 2023, is
16amended to read as follows:
174. Consult with state agencies, including the state fire
18marshal and the department of cultural affairs economic
19development authority, governmental subdivisions, architects,
20engineers, and others who have knowledge of or interest in the
21rehabilitation, preservation, restoration, and relocation of
22historic buildings, with respect to matters relating to the
23state historic building code.
24 Sec. 2124. Section 303.3, subsections 1 and 2, Code 2023,
25are amended to read as follows:
261. The department authority shall establish a grant program
27for cities and nonprofit, tax-exempt community organizations
28for the development of community programs that provide local
29jobs for Iowa residents and also promote Iowa’s historic,
30ethnic, and cultural heritages through the development
31of festivals, music, drama, cultural programs, or tourist
32attractions. A city or nonprofit, tax-exempt community
33organization may submit an application to the department
34 authority for review. The department authority shall establish
35criteria for the review and approval of grant applications.
-1215-1The amount of a grant shall not exceed fifty percent of
2the cost of the community program. Each application shall
3include information demonstrating that the city or nonprofit,
4tax-exempt community organization will provide matching funds
5of fifty percent of the cost of the program. The matching
6funds requirement may be met by substituting in-kind services,
7based on the value of the services, for actual dollars.
82. The department authority shall establish a grant program
9which provides general operating budget support to major,
10multidisciplined multidisciplinary cultural organizations
11which that demonstrate cultural and managerial excellence
12on a continuing basis to the citizens of Iowa. Applicant
13organizations must be incorporated under chapter 504, be exempt
14from federal taxation, and not be attached or affiliated with
15an educational institution. Eligible organizations shall
16be operated on a year-round basis and employ at least one
17full-time, paid professional staff member. The department
18 authority shall establish criteria for review and approval
19of grant applications. Criteria established shall include,
20but are not limited to, a matching funds requirement. The
21matching funds requirement shall permit an applicant to meet
22the matching requirement by demonstrating that the applicant’s
23budget contains funds, other than state and federal funds, in
24excess of the grant award.
25 Sec. 2125. Section 303.3A, subsection 1, paragraph c, Code
262023, is amended by striking the paragraph.
27 Sec. 2126. Section 303.3A, subsections 2 and 3, Code 2023,
28are amended to read as follows:
292. The department authority shall administer regional
30conferences and a statewide caucus on arts and cultural
31enhancement. The purpose of the conferences and caucus is to
32encourage the development of the arts and culture in the state
33by in all of the following ways:
34a. Byidentifying opportunities for programs involving
35education, outreach, and enhancement; by.
-1216- 1b. Byreviewing possible changes in enhancement program
2policies, programs, and funding; and by.
3c. Bymaking recommendations to the department authority
4 regarding funding allocations and priorities for arts and
5cultural enhancement.
63. a. Every four years beginning in June 2001 2025, the
7department authority shall convene a statewide caucus on arts
8and cultural enhancement.
9a. b. Prior to the statewide caucus, the department
10 authority shall make arrangements to hold a conference in each
11of several regions of the state as determined by the Iowa arts
12council. The department authority shall promote attendance
13of interested persons at each conference. A designee of
14the department shall serve as temporary chairperson until
15persons attending the conference elect a chairperson. The
16department authority shall provide persons attending the
17conference with current information regarding cultural programs
18and expenditures. Persons attending the conference shall
19identify opportunities for programs in the areas of education,
20outreach, and enhancement, and make recommendations in the
21form of a resolution. The persons attending the conference
22shall elect six persons from among the attendees to serve
23as regional, voting delegates to the statewide caucus. The
24conference attendees shall elect a chairperson from among the
25six representatives. Other interested persons are encouraged
26to attend the statewide caucus as nonvoting attendees.
27b. c. The department authority shall charge a reasonable
28fee for attendance at the statewide caucus on arts and cultural
29enhancement.
30c. d. A designee of the department authority shall call the
31statewide caucus to order and serve as temporary chairperson
32until persons attending the caucus elect a chairperson.
33Persons attending the caucus shall discuss the recommendations
34of the regional conferences and decide upon recommendations to
35be made to the department authority and the general assembly.
-1217-1Elected chairpersons of the regional conferences shall meet
2with representatives of the department authority and present
3the recommendations of the caucus.
4 Sec. 2127. Section 303.3B, Code 2023, is amended to read as
5follows:
6303.3B Cultural and entertainment districts.
71. The department of cultural affairs authority shall
8establish and administer a cultural and entertainment district
9certification program. The program shall encourage the growth
10of communities through the development of areas within a city
11or county for public and private uses related to cultural and
12entertainment purposes.
132. A city or county may create and designate a cultural
14and entertainment district subject to certification
15by the department of cultural affairs, in consultation
16with the economic development authority. A cultural and
17entertainment district is encouraged to include a unique form
18of transportation within the district and for transportation
19between the district and recreational trails. A cultural and
20entertainment district certification shall remain in effect for
21ten years following the date of certification. Two or more
22cities or counties may apply jointly for certification of a
23district that extends across a common boundary. Through the
24adoption of administrative rules, the department of cultural
25affairs authority shall develop a certification application
26for use in the certification process. The provisions of this
27subsection relating to the adoption of administrative rules
28shall be construed narrowly.
293. The department of cultural affairs authority shall
30encourage development projects and activities located in
31certified cultural and entertainment districts through
32incentives under cultural grant programs pursuant to section
33303.3, chapter 303A part 30, and any other applicable grant
34programs.
35 Sec. 2128. Section 303.3C, subsection 1, paragraphs a, d,
-1218-1and f, Code 2023, are amended to read as follows:
2a. The department of cultural affairs authority shall
3establish and administer an Iowa great places program for
4purposes of combining resources of state government in an
5effort to showcase the unique and authentic qualities of
6communities, regions, neighborhoods, and districts that
7make such places exceptional places to work and live. The
8department of cultural affairs authority shall provide
9administrative assistance to the Iowa great places board. The
10department of cultural affairs authority shall coordinate
11the efforts of the Iowa great places board with the efforts
12of state agencies participating in the program which shall
13include, but not be limited to, the economic development
14authority, the Iowa finance authority, the department of
15human rights, the department of natural resources, the state
16department of transportation, and the department of workforce
17development.
18d. The department of cultural affairs authority shall work
19in cooperation with the vision Iowa and community attraction
20and tourism programs for purposes of maximizing and leveraging
21moneys appropriated to identified Iowa great places.
22f. The department of cultural affairs authority shall
23account for any funds appropriated from the endowment for
24Iowa’s health restricted capitals fund for an identified Iowa
25great place.
26 Sec. 2129. Section 303.3C, subsection 2, paragraph a, Code
272023, is amended to read as follows:
28a. The Iowa great places board is established consisting of
29twelve members. The board shall be located for administrative
30purposes within the department of cultural affairs authority
31 and the director shall provide office space, staff assistance,
32and necessary supplies and equipment for the board. The
33director shall budget moneys to pay the compensation and
34expenses of the board. In performing its functions, the board
35is performing a public function on behalf of the state and is a
-1219-1public instrumentality of the state.
2 Sec. 2130. Section 303.3D, subsections 1 and 3, Code 2023,
3are amended to read as follows:
41. An Iowa great places program fund is created under the
5authority of the department of cultural affairs. The fund
6shall consist of appropriations made to the fund and transfers
7of interest, earnings, and moneys from other funds as provided
8by law. Notwithstanding section 12C.7, subsection 2, interest
9or earnings on investments or time deposits of the moneys in
10the Iowa great places program fund shall be credited to the
11Iowa great places program fund.
123. In awarding moneys the department of cultural affairs
13 authority shall give consideration to the particular needs of
14each identified Iowa great place.
15 Sec. 2131. Section 303.3E, Code 2023, is amended to read as
16follows:
17303.3E Culture, history, and arts teams program.
181. The department of cultural affairs authority shall
19establish and administer a statewide program facilitating the
20promotion of culture, history, and arts in Iowa. The program’s
21purpose shall be to encourage cooperation and collaboration
22among the various state and local organizations working in
23these areas to improve Iowa’s quality of life.
242. The department authority shall implement the program
25by working with the local organizations to establish local
26committees. Each committee shall:
27a. Include representatives from local organizations
28dedicated to promoting culture, history, and arts.
29b. Gather and disseminate information on the cultural,
30historical, and arts opportunities in the regions.
31c. Enhance communication among the local organizations.
32d. Assist the staff members of local organizations in
33obtaining technical and professional training.
343. The department authority shall assist local
35organizations in the delivery of technical services,
-1220-1professional training, and programming opportunities by working
2with these committees.
3 Sec. 2132. Section 303.20, unnumbered paragraph 1, Code
42023, is amended to read as follows:
5As used in this subchapter of this chapter part, unless the
6context otherwise requires:
7 Sec. 2133. Section 303.20, subsections 2 and 3, Code 2023,
8are amended to read as follows:
92. “Commission” is the five-person body, elected by the
10registered voters in the historical preservation district from
11persons living in the district for the purpose of administering
12this subchapter of this chapter part.
133. “District” means a historical preservation district
14established under this subchapter of this chapter part.
15 Sec. 2134. Section 303.20, subsection 4, Code 2023, is
16amended by striking the subsection.
17 Sec. 2135. Section 303.21, Code 2023, is amended to read as
18follows:
19303.21 Petition.
201. The eligible voters in an area of asserted historical
21significance may petition the department authority for a
22referendum for the establishment of a district.
232. The petition must be signed by not less than ten percent
24of the eligible voters of in the area of asserted historical
25significance and shall contain both a description of the
26property suggested for inclusion in the district and the
27reasons justifying the creation of the district.
28 Sec. 2136. Section 303.22, Code 2023, is amended to read as
29follows:
30303.22 Action by department the authority.
311. The department authority shall hold a hearing not less
32than thirty days or and not more than sixty days after the
33petition is received. The department authority shall publish
34notice of the hearing, at a reasonable time before the hearing
35is to take place, and shall post notice of the hearing in a
-1221-1reasonable number of places within the suggested district. The
2cost of notification shall be paid by the persons who petition
3for the establishment of a district.
42. At the hearing the department authority shall hear
5interested persons, accept written presentations, and shall
6determine whether the suggested district is an area of
7historical significance which may properly be established as a
8historical preservation district pursuant to the provisions of
9this subchapter of this chapter part. The department authority
10 may determine the boundaries which shall be established for the
11district. The department authority shall not include property
12which is not included in the suggested district unless the
13owner of the property is given an opportunity to be heard.
143. The department, if it If the authority determines that
15the suggested district meets the criteria for establishment
16as a historical preservation district, the authority shall
17indicate the owners of the property and residents included and
18shall forward a list of owners and residents to the county
19commissioner of elections.
204. If the department authority determines that the
21suggested district does not meet the criteria for establishment
22as a historical preservation district, it the authority shall
23so notify the petitioners.
24 Sec. 2137. Section 303.23, Code 2023, is amended to read as
25follows:
26303.23 Referendum.
27Within thirty days after the receipt of the list of owners
28of property and residents within the suggested historical
29preservation district, the department authority shall fix a
30date not more than forty-five days from the receipt of the
31petition seeking a referendum on the question of establishment
32of a historical preservation district. The department
33 authority, after consultation with the county commissioner of
34elections, shall specify the polling place within the suggested
35district that will best serve the convenience of the voters
-1222-1and shall appoint from residents of the proposed district
2 three judges and two clerks of election from residents of the
3proposed district.
4 Sec. 2138. Section 303.24, Code 2023, is amended to read as
5follows:
6303.24 Notice.
7The department authority, after consultation with the county
8commissioner of elections, shall post notice of the referendum
9in a reasonable number of places within the suggested district
10a reasonable time before it the referendum is to take place.
11The notice shall state the purpose of the referendum, a
12description of the district, the date of the referendum, the
13location of the polling place, and the hours when the polls
14will be open and close.
15 Sec. 2139. Section 303.26, subsection 3, Code 2023, is
16amended to read as follows:
173. Of the initial commission, the person receiving the
18highest number of votes shall receive serve a five-year term of
19office, the next highest shall serve a four-year term, the next
20highest shall serve a three-year term, the next highest shall
21serve a two-year term, and the fifth highest shall serve a
22one-year term. Thereafter, an election shall be held annually
23in the district to elect a member to a five-year term as each
24term expires.
25 Sec. 2140. Section 303.29, Code 2023, is amended to read as
26follows:
27303.29 Use of structures.
28No A change in the use of any structure or property within
29a designated historical district shall not be permitted until
30after an application for a certificate of appropriateness
31has been submitted to, and been approved by the commission.
32For purposes of this section “use” means the legal enjoyment
33of property that consists in its employment, exercise, or
34practice.
35 Sec. 2141. Section 303.32, Code 2023, is amended to read as
-1223-1follows:
2303.32 Ordinary maintenance and repair.
3Nothing in this subchapter of this chapter This part shall
4not be construed to prevent the ordinary maintenance or repair
5of any exterior feature in a district which does not involve a
6change in design, material or outer appearance, nor to prevent
7the construction, reconstruction, alteration, restoration
8or demolition of any such feature which is required by for
9 public safety because of reasons due to an unsafe or dangerous
10condition.
11 Sec. 2142. Section 303.34, subsections 1 and 4, Code 2023,
12are amended to read as follows:
131. An area of historical significance shall be proposed by
14the governing body of the city on its the governing body’s own
15motion or upon the receipt by the governing body of a petition
16signed by residents of the city. The city shall submit a
17description of the proposed area of historical significance or
18the petition describing the proposed area, if the proposed area
19is a result of the receipt of a petition, to the historical
20division which state historic preservation officer who shall
21determine if the proposed area meets the criteria in subsection
222 and may make recommendations concerning the proposed area.
23Any recommendations made by the division state historic
24preservation officer shall be made available by the city to
25the public for viewing during normal working hours at a city
26government place of public access.
274. An area shall be designated an area of historical
28significance upon enactment of an ordinance of by the city.
29Before Prior to enactment of the ordinance or enactment of
30 an amendment to the ordinance is enacted, the governing body
31of the city shall submit the ordinance or amendment to the
32historical division state historic preservation officer for its
33 review and recommendations.
34 Sec. 2143. Section 303.87, Code 2023, is amended to read as
35follows:
-1224- 1303.87 Duties of Iowa arts council.
2The Iowa arts council shall:
31. Advise the director with respect to policies, programs,
4and procedures for carrying out the administrator’s functions,
5duties, or responsibilities.
62. Review review programs to be supported and make
7recommendations on the programs to the director.
8 Sec. 2144. Section 303.88, Code 2023, is amended to read as
9follows:
10303.88 Administrator’s Authority’s powers and authority.
11The arts division administrator may authority shall:
121. Make and sign any agreements and perform any acts which
13are necessary, desirable, or proper to carry out the purpose of
14the division.
152. Request and obtain assistance and data from any
16department, division, board, bureau, commission, or agency of
17the state.
183. Accept any federal funds granted, by Act of Congress or
19by executive order, for all or any purposes of this subchapter
20 part, and receive and disburse as the official agent of the
21state any funds made available by the national endowment for
22the arts.
234. 2. Accept gifts, contributions, endowments, bequests,
24or other moneys available for all or any of the purposes
25of the division this part. Interest earned on the gifts,
26contributions, endowments, bequests, or other moneys accepted
27under this subsection part shall be credited to the fund or
28funds to which the gifts, contributions, endowments, bequests,
29or other moneys have been deposited, and is available for all
30or any of the purposes of the division authority under this
31part.
32 Sec. 2145. Section 303A.1, Code 2023, is amended to read as
33follows:
34303A.1 Short title.
35This chapter part shall be known and may be cited as the
-1225-1“Iowa Cultural Trust Act”.
2 Sec. 2146. Section 303A.3, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4For purposes of this chapter part, unless the context
5otherwise requires:
6 Sec. 2147. Section 303A.3, subsections 2 and 3, Code 2023,
7are amended by striking the subsections.
8 Sec. 2148. Section 303A.4, subsections 1, 2, and 4, Code
92023, are amended to read as follows:
101. The Iowa cultural trust is created as a public body
11corporate organized for the purposes, with the powers, and
12subject to the restrictions, set forth in this chapter part.
132. An Iowa cultural trust fund is created in the office
14of the treasurer of state for the purpose of receiving moneys
15appropriated by the general assembly and any other moneys
16available to the trust fund due to the issuance of trust fund
17credits by the director as provided in section 303.1A 15.108,
18subsection 1 9, paragraph “f” “b”, subparagraph (1).
194. a. The treasurer of state shall act as custodian of
20the fund, shall invest moneys in the trust fund, and shall
21transfer the interest attributable to the investment of trust
22fund moneys to the grant account created in section 303A.7.
23The trust fund’s principal shall not be used or accessed by the
24department or the board for any purpose.
25b. Notwithstanding paragraph “a”, for each of the following
26fiscal years, the treasurer of state shall transfer the
27following amounts from the principal of the trust fund to the
28grant account created in section 303A.7:
29(1) For the fiscal year beginning July 1, 2013, and ending
30June 30, 2014, fifty thousand dollars.
31(2) For the fiscal year beginning July 1, 2014, and ending
32June 30, 2015, fifty thousand dollars.
33 Sec. 2149. Section 303A.5, subsections 1 and 6, Code 2023,
34are amended to read as follows:
351. A board of trustees of the Iowa cultural trust is
-1226-1created. The general responsibility for the proper operation
2of the trust is vested in the board of trustees, which shall
3consist of thirteen twelve members as follows:
4a. Nine public members, five of whom shall be appointed
5by the governor, subject to confirmation by the senate. The
6majority leader of the senate, the minority leader of the
7senate, the speaker of the house, and the minority leader of
8the house of representatives shall each appoint one public
9member. A public member of the board appointed in accordance
10with this section shall not also serve concurrently as a member
11of the state historical society board of trustees or the Iowa
12state arts council.
13b. Four Three ex officio, nonvoting members, consisting
14of the treasurer of state or the treasurer’s designee, the
15director of the department of cultural affairs the authority
16 or the director’s designee, the chairperson of the state
17historical society board of trustees elected pursuant to
18section 303.6, and the chairperson of the Iowa arts council
19designated pursuant to section 303.86.
206. The board shall be located for administrative purposes
21within the department authority. The department authority,
22subject to approval by the board, shall adopt administrative
23rules pursuant to chapter 17A necessary to administer the
24income derived from the Iowa cultural trust fund and to perform
25specific powers and duties as provided in section 303A.6. The
26director shall budget funds to pay the expenses of the board
27and administer this chapter part.
28 Sec. 2150. Section 303A.6, subsections 1 and 2, Code 2023,
29are amended to read as follows:
301. Enter into agreements with any qualified organization,
31the state, or any federal or other state agency, or other
32entity as required to administer this chapter part.
332. Approve or disapprove the grants recommended for
34approval by the director, in consultation with the Iowa arts
35council and the state historical society of Iowa, in accordance
-1227-1with section 303.1A 15.108, subsection 1 9, paragraph “f”,
2subparagraph (3) “b”. The board may delete remove any
3recommendation from the list, but shall not add to or otherwise
4amend the list of recommended grants.
5 Sec. 2151. Section 306D.2, subsection 1, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7The state department of transportation shall prepare a
8statewide, long-range plan for the protection, enhancement,
9and identification of highways and secondary roads which pass
10through unusually scenic areas of the state as identified
11in section 306D.1. The department of natural resources,
12department of the economic development authority, and
13department of cultural affairs, private organizations, county
14conservation boards, city park and recreation departments,
15and the federal agencies having jurisdiction over land in the
16state shall be encouraged to assist in preparing the plan. The
17plan shall be coordinated with the state’s open space plan
18if a state open space plan has been approved by the general
19assembly. The plan shall include, but is not limited to, the
20following elements:
21 Sec. 2152. Section 321.252, subsection 3, paragraph a,
22subparagraph (1), Code 2023, is amended to read as follows:
23(1) The tourist signing committee shall be made up of the
24directors or their the directors’ designees of the departments
25of agriculture and land stewardship, natural resources,
26cultural affairs, and transportation, the director or the
27director’s designee of the economic development authority, the
28chairperson or the chairperson’s designee of the Iowa travel
29council, and a member of the outdoor advertising association
30of Iowa. The director or the director’s designee of the
31economic development authority shall be the chairperson of the
32committee.
33 Sec. 2153. Section 404A.1, subsection 3, Code 2023, is
34amended by striking the subsection.
35 Sec. 2154. Section 404A.1, subsection 8, paragraph b, Code
-1228-12023, is amended to read as follows:
2b. The property meets the physical criteria and standards
3for rehabilitation established by the department authority by
4rule. To the extent applicable, the physical standards and
5criteria shall be consistent with the United States secretary
6of the interior’s standards for rehabilitation.
7 Sec. 2155. Section 404A.3, subsection 1, paragraphs c and e,
8Code 2023, are amended to read as follows:
9c. The application shall include any information deemed
10necessary by the authority, in consultation with the
11department, to evaluate the eligibility under the program
12of the applicant and the rehabilitation project, the amount
13of projected qualified rehabilitation expenditures of a
14rehabilitation project, and the amount and source of all
15funding for a rehabilitation project. An applicant shall
16have the burden of proof to demonstrate to the authority that
17the applicant is an eligible taxpayer and the project is a
18qualified rehabilitation project under the program.
19e. (1) The authority may charge application and other fees
20to eligible taxpayers who apply to participate in the program.
21The amount of such fees shall be determined based on the costs
22of to the authority and the department associated with of
23 administering the program.
24(2) Fees collected by the authority pursuant to this
25paragraph shall be deposited with the authority notwithstanding
26section 303.9, subsection 1.
27(3) A portion of the fees collected shall be directed by the
28authority to the department.
29 Sec. 2156. Section 404A.3, subsection 3, paragraph b,
30subparagraph (2), Code 2023, is amended to read as follows:
31(2) The rehabilitation work to be performed. An eligible
32taxpayer shall perform the rehabilitation work consistent with
33the United States secretary of the interior’s standards for
34rehabilitation, as determined by the department authority.
35 Sec. 2157. Section 404A.3, subsection 4, paragraph c,
-1229-1subparagraph (3), subparagraph division (b), Code 2023, is
2amended to read as follows:
3(b) “Prohibited activity” means a breach or default under
4the agreement with the department authority, the violation
5of any warranty provided by the eligible taxpayer to the
6department authority or the department of revenue, the claiming
7of a tax credit issued under this chapter for expenditures that
8are not qualified rehabilitation expenditures, the violation of
9any requirements of this chapter or rules adopted pursuant to
10this chapter, misrepresentation, fraud, or any other unlawful
11act or omission.
12 Sec. 2158. Section 404A.4, subsection 2, paragraph c, Code
132023, is amended to read as follows:
14c. The amount of a tax credit that was available for
15approval by the state historical preservation office of the
16department of cultural affairs under section 404A.4, Code 2014,
17in a fiscal year beginning on or after July 1, 2010, but before
18July 1, 2014, that was required to be allocated to new projects
19with final qualified rehabilitation costs of five hundred
20thousand dollars or less, or seven hundred fifty thousand
21dollars or less, as the case may be, and that was not finally
22approved by the state historical preservation office, may be
23awarded under section 404A.3 during the fiscal years beginning
24on or after July 1, 2014, but before July 1, 2016.
25 Sec. 2159. Section 404A.6, Code 2023, is amended to read as
26follows:
27404A.6 Rules.
28The authority, department, and the department of revenue
29shall each adopt rules as necessary for the administration of
30this chapter.
31 Sec. 2160. Section 427.16, subsection 15, Code 2023, is
32amended to read as follows:
3315. The department of cultural affairs economic development
34authority shall adopt rules pursuant to chapter 17A to
35administer this section.
-1230-1 Sec. 2161. Section 465A.2, subsection 1, paragraph b,
2unnumbered paragraph 1, Code 2023, is amended to read as
3follows:
4Prepare a statewide, long-range plan for the acquisition
5and protection of significant open space lands throughout
6the state as identified in section 465A.1. The department
7of transportation, department of the economic development
8authority, and department of cultural affairs, private
9organizations, county conservation boards, city park and
10recreation departments, and the federal agencies with lands in
11the state shall be directly involved in preparing the plan.
12The plan shall include, but is not limited to, the following
13elements:
14 Sec. 2162. Section 465B.2, subsection 2, paragraph a, Code
152023, is amended to read as follows:
16a. The state department of transportation may enter
17into contracts for the preparation of the trails plan. The
18department shall involve the department of natural resources,
19 and the Iowa department of economic development, and the
20department of cultural affairs authority in the preparation of
21the plan. The recommendations and comments of organizations
22representing different types of trail users and others with
23interests in this program shall also be incorporated in the
24preparation of the trails plan and shall be submitted with the
25plan to the general assembly. The plan shall be submitted to
26the general assembly no later than January 15, 1988. Existing
27trail projects involving acquisition or development may receive
28funding prior to the completion of the trails plan.
29 Sec. 2163. Section 465B.3, Code 2023, is amended to read as
30follows:
31465B.3 Involvement of other agencies.
32The department of natural resources, and the economic
33development authority, and the department of cultural
34affairs shall assist the state department of transportation
35in developing the statewide plan for recreation trails, in
-1231-1acquiring property, and in the development, promotion, and
2management of recreation trails.
3 Sec. 2164. REPEAL. Sections 303.1, 303.1A, 303.2, and
4303.95, Code 2023, are repealed.
5 Sec. 2165. CODE EDITOR DIRECTIVE.
61. The Code editor is directed to make the following
7transfers:
8a. Section 303.3 to section 15.436.
9b. Section 303.3A to section 15.437.
10c. Section 303.3B to section 15.438.
11d. Section 303.3C to section 15.439.
12e. Section 303.3D to section 15.440.
13f. Section 303.3E to section 15.441.
14g. Section 303.20 to section 15.445.
15h. Section 303.21 to section 15.446.
16i. Section 303.22 to section 15.447.
17j. Section 303.23 to section 15.448.
18k. Section 303.24 to section 15.449.
19l. Section 303.25 to section 15.450.
20m. Section 303.26 to section 15.451.
21n. Section 303.27 to section 15.452.
22o. Section 303.28 to section 15.453.
23p. Section 303.29 to section 15.454.
24q. Section 303.30 to section 15.455.
25r. Section 303.31 to section 15.456.
26s. Section 303.32 to section 15.457.
27t. Section 303.33 to section 15.458.
28u. Section 303.34 to section 15.459.
29v. Section 303.86 to section 15.465.
30w. Section 303.87 to section 15.466.
31x. Section 303.88 to section 15.467.
32y. Section 303.89 to section 15.470.
33z. Section 303A.1 to section 15.476.
34aa. Section 303A.2 to section 15.477.
35ab. Section 303A.3 to section 15.478.
-1232- 1ac. Section 303A.4 to section 15.479.
2ad. Section 303A.5 to section 15.480.
3ae. Section 303A.6 to section 15.481.
4af. Section 303A.7 to section 15.482.
52. The Code editor shall correct internal references in the
6Code and in any enacted legislation as necessary due to the
7enactment of this section.
83. The Code editor shall designate the following new parts
9in subchapter II of chapter 15:
10a. Sections 15.436 through 15.441 as part 26.
11b. Sections 15.445 through 15.459 as part 27.
12c. Sections 15.465 through 15.467 as part 28.
13d. Section 15.470 as part 29.
14e. Sections 15.476 through 15.482 as part 30.
15STATE HISTORIC PRESERVATION OFFICER
16 Sec. 2166. NEW SECTION. 15.121 State historic preservation
17officer.
181. The governor shall appoint and designate the state
19historic preservation officer pursuant to federal requirements.
20The recommendations and decisions of the state historic
21preservation officer shall be subject to the review and
22approval of the director of the economic development authority.
232. The state historic preservation officer shall conduct
24historic preservation activities pursuant to federal and
25state requirements, including but not limited to all of the
26following:
27a. Identifying and documenting historic properties.
28b. Preparing and maintaining a state register of historic
29places, including those listed on the national register of
30historic places.
31c. Conducting historic preservation activities pursuant to
32federal and state requirements.
33d. Publishing matters of historical value to the public,
34and pursuing historical, architectural, and archaeological
35research and development which may include but are not
-1233-1limited to continuing surveys, excavation, scientific
2recording, interpretation, and publication of the historical,
3architectural, archaeological, and cultural sites, buildings,
4and structures in the state.
53. Pursuant to section 103A.42, the state historic
6preservation officer, in response to an adequately documented
7request, shall issue an opinion stating whether a property is
8either included in or appears to meet criteria for inclusion in
9the national register of historic places.
104. Pursuant to section 303.16, subsection 6, paragraph “h”,
11the state historic preservation officer must approve a city or
12county government as a certified local government prior to a
13grant or loan fund award to the city or county government for a
14project in the historic preservation category.
155. Pursuant to section 303.18, the state historic
16preservation officer shall require that a rural electric
17cooperative or a municipal utility that is constructing an
18electric distribution and transmission facility for which it is
19receiving federal funding conduct an archeological site survey.
206. Pursuant to section 427.16, subsections 4 and 12, the
21state historic preservation officer shall be responsible
22for approving applications for certified substantial
23rehabilitation.
24 Sec. 2167. Section 457A.1, Code 2023, is amended to read as
25follows:
26457A.1 Acquisition by other than condemnation.
27The department of natural resources, soil and water
28conservation districts as provided in chapter 161A, the
29historical division of the department of cultural affairs
30 state historic preservation officer, the state archaeologist
31appointed by the state board of regents pursuant to section
32263B.1, any county conservation board, and any city or agency
33of a city may acquire by purchase, gift, contract, or other
34voluntary means, but not by eminent domain, conservation
35easements in land to preserve scenic beauty, wildlife
-1234-1habitat, riparian lands, wetlands, or forests; promote outdoor
2recreation, agriculture, soil or water conservation, or open
3space; or otherwise conserve for the benefit of the public the
4natural beauty, natural and cultural resources, and public
5recreation facilities of the state.
6 Sec. 2168. Section 470.5, Code 2023, is amended to read as
7follows:
8470.5 Exceptions.
9This chapter does not apply to buildings used on January 1,
101980, by the division of adult corrections of the department
11of human services as maximum security detention facilities or
12to the renovation of property nominated to, or entered in the
13national register of historic places, designated by statute, or
14included in an established list of historic places compiled by
15the historical division of the department of cultural affairs
16 state historic preservation officer.
17 Sec. 2169. CODE EDITOR DIRECTIVE.
181. The Code editor is directed to make the following
19transfer:
20Section 303.18 to section 15.122.
212. The Code editor shall correct internal references in the
22Code and in any enacted legislation as necessary due to the
23enactment of this section.
24IOWA FINANCE AUTHORITY
25 Sec. 2170. Section 7C.4A, subsection 1, paragraph b, Code
262023, is amended to read as follows:
27b. However, at any time during the calendar year the
28executive director of the Iowa finance authority may determine
29that a lesser amount need be allocated to the Iowa finance
30authority and on that date this lesser amount shall be the
31amount allocated to the authority and the excess shall be
32allocated under subsection 7.
33 Sec. 2171. Section 15.106C, subsection 1, Code 2023, is
34amended to read as follows:
351. a. The operations of the authority shall be administered
-1235-1by a director who shall be appointed by the governor, subject
2to confirmation by the senate, and who shall serve for a
3four-year term beginning and ending as provided in section
469.19 at the pleasure of the governor. An appointment by the
5governor to fill a vacancy in the office of the director shall
6be for the balance of the unexpired four-year term.
7b. The director of the economic development authority
8under paragraph “a” shall also serve as the director of, and
9administer the operations of, the Iowa finance authority
10pursuant to section 16.6.
11 Sec. 2172. Section 16.1, Code 2023, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 6A. “Director” means the director of the
14economic development authority who also serves as the director
15of, and administers the operations of, the Iowa finance
16authority pursuant to section 15.106C, subsection 1, paragraph
17“b”.
18 Sec. 2173. Section 16.1, subsection 9, Code 2023, is amended
19by striking the subsection.
20 Sec. 2174. Section 16.1A, subsection 5, Code 2023, is
21amended to read as follows:
225. The board may, by resolution, delegate to the
23agricultural development board, title guaranty division
24board, executive director, or other authority employee such
25of its powers, under such terms and conditions, as it deems
26appropriate.
27 Sec. 2175. Section 16.2, subsections 6 and 8, Code 2023, are
28amended to read as follows:
296. Members of the authority and the executive director shall
30give bond as required for public officers in chapter 64.
318. Members shall elect a chairperson and vice chairperson
32annually, and other officers as they the members determine,
33but and the executive director shall serve as secretary to the
34authority.
35 Sec. 2176. Section 16.2A, subsections 1, 5, and 7, Code
-1236-12023, are amended to read as follows:
21. A title guaranty division is created within the
3authority. The division may also be referred to as Iowa title
4guaranty. The powers of the division relating to the issuance
5of title guaranties are vested in and shall be exercised by a
6title guaranty division board of five members appointed by the
7governor subject to confirmation by the senate. The membership
8of the title guaranty division board shall include an attorney,
9an abstractor, a real estate broker, a representative of a
10lending institution that engages in mortgage lending, and
11a representative of the housing development industry. The
12executive director of the authority shall appoint an attorney
13as director of the title guaranty division, who shall serve
14as an ex officio member of the title guaranty division board.
15The appointment of and compensation for the division director
16are exempt from the merit system provisions of chapter 8A,
17subchapter IV.
185. Members of the title guaranty division board and the
19director of the title guaranty division board shall give bond
20as required for public officers in chapter 64.
217. Members shall elect a chair and vice chair annually and
22other officers as they the members determine. The executive
23 director or the executive director’s designee shall serve as
24secretary to the title guaranty division board.
25 Sec. 2177. Section 16.2B, subsection 2, Code 2023, is
26amended to read as follows:
272. The agricultural development division shall be
28administered in accordance with the policies of the
29agricultural development board created in section 16.2C.
30The executive director of the authority may organize the
31agricultural development division and employ necessary
32qualified personnel to administer subchapter VIII.
33 Sec. 2178. Section 16.2C, subsection 3, Code 2023, is
34amended to read as follows:
353. The agricultural development board consists of five
-1237-1members appointed by the governor subject to confirmation by
2the senate. The executive director of the authority or the
3executive director’s designee shall serve as an ex officio,
4nonvoting member.
5 Sec. 2179. Section 16.2C, subsection 5, paragraph c, Code
62023, is amended to read as follows:
7c. The appointed members shall elect a chairperson and vice
8chairperson annually, and other officers as they the members
9 determine. The executive director of the authority or the
10executive director’s designee shall serve as secretary to the
11board.
12 Sec. 2180. Section 16.2D, subsection 2, paragraph b,
13subparagraph (8), Code 2023, is amended to read as follows:
14(8) The executive director of the Iowa finance authority or
15the executive director’s designee.
16 Sec. 2181. Section 16.5, subsection 4, Code 2023, is amended
17to read as follows:
184. Notwithstanding any other provision of law, the
19authority may elect whether to utilize any or all of the goods
20or services available from other state agencies in the conduct
21of its affairs. Departments, boards, commissions, or other
22agencies of the state shall provide reasonable assistance and
23services to the authority upon the request of the executive
24 director.
25 Sec. 2182. Section 16.6, Code 2023, is amended to read as
26follows:
2716.6 Executive director Director — responsibilities.
281. The governor, subject to confirmation by the senate,
29shall appoint an executive director of the authority, who
30shall serve at the pleasure of the governor. The executive
31director shall be selected primarily for administrative
32ability and knowledge in the field, without regard to political
33affiliation. The director of the economic development
34authority shall also serve as the director of, and administer
35the operations of, the authority pursuant to section 15.106C,
-1238-1subsection 1, paragraph “b”. The executive director shall not,
2directly or indirectly, exert influence to induce any other
3officers or employees of the state to adopt a political view,
4or to favor a political candidate for office.
52. The executive director shall advise the authority on
6matters relating to housing and housing finance, carry out
7all directives from the authority, and hire and supervise the
8authority’s staff pursuant to its the authority’s directions.
9All employees of the authority are exempt from the merit system
10provisions of chapter 8A, subchapter IV.
113. The executive director, as secretary of the authority,
12shall keep a record of the proceedings of the authority and
13shall be custodian of all books, documents, and papers filed
14with the authority and of its minute book and seal. The
15executive director shall have authority to cause to be made
16copies of all minutes and other records and documents of the
17authority and to give certificates under the seal of the
18authority to the effect that such copies are true copies and
19all persons dealing with the authority may rely upon such
20certificates.
214. The executive director may establish administrative
22divisions within the authority in order to most efficiently
23and effectively carry out the authority’s responsibilities,
24provided that any creation or modification of authority
25divisions be established only after consultation with the board
26of the authority.
27 Sec. 2183. Section 16.13, subsection 2, paragraph a, Code
282023, is amended to read as follows:
29a. If a member or employee of the authority other than the
30executive director of the authority has an interest, either
31direct or indirect, in a contract to which the authority is,
32or is to be, a party, or in a mortgage lender requesting a loan
33from, or offering to sell mortgage loans to, the authority,
34the interest shall be disclosed to the authority in writing
35and shall be set forth in the minutes of the authority. The
-1239-1member or employee having the interest shall not participate
2in any action of the authority with respect to that contract
3or mortgage lender.
4 Sec. 2184. Section 16.13, subsections 3 and 4, Code 2023,
5are amended to read as follows:
63. Nothing in this section shall be deemed to limit the
7right of a member, officer, or employee of the authority to
8acquire an interest in bonds or notes of the authority or to
9limit the right of a member, officer, or employee other than
10the executive director to have an interest in a financial
11institution, including a lending institution, in which the
12funds of the authority are, or are to be, deposited or which
13is, or is to be, acting as trustee or paying agent under a trust
14indenture to which the authority is a party.
154. The executive director shall not have an interest in
16a financial institution, including a lending institution, in
17which the funds of the authority are, or are to be, deposited
18or which is, or is to be, acting as trustee or paying agent
19under a trust indenture to which the authority is a party. The
20executive director shall not receive, in addition to fixed
21salary or compensation, any money or valuable thing, either
22directly or indirectly, or through any substantial interest
23in any other corporation or business unit, for negotiating,
24procuring, recommending, or aiding in any purchase or sale
25of property, or loan, made by the authority, nor shall the
26executive director be pecuniarily interested, either as
27principal, coprincipal, agent, or beneficiary, either directly
28or indirectly, or through any substantial interest in any other
29corporation or business unit, in any such purchase, sale, or
30loan.
31 Sec. 2185. Section 16.57A, subsection 2, Code 2023, is
32amended to read as follows:
332. Notwithstanding section 8.39, and any other law to
34the contrary, with the prior written consent and approval of
35the governor, the executive director of the authority may
-1240-1transfer any unobligated and unencumbered moneys in any fund
2created pursuant to section 16.5, subsection 1, paragraph “s”,
3for deposit in the disaster recovery housing assistance fund
4created in section 16.57B. The prior written consent and
5approval of the director of the department of management shall
6not be required to transfer the unobligated and unencumbered
7moneys.
8 Sec. 2186. Section 16.134, subsection 9, paragraph b,
9subparagraph (3), Code 2023, is amended to read as follows:
10(3) The executive director of the authority or the executive
11 director’s designee.
12 Sec. 2187. Section 16.134, subsection 10, paragraph a, Code
132023, is amended to read as follows:
14a. A water quality financing review committee is created
15consisting of the secretary of agriculture or the secretary’s
16designee, the executive director of the authority or the
17executive director’s designee, and the director of the
18department of natural resources or the director’s designee.
19 Sec. 2188. Section 257C.7, Code 2023, is amended to read as
20follows:
21257C.7 Staff.
22The executive director and staff of the Iowa finance
23authority, pursuant to chapter 16, shall also serve as
24executive director and staff of the advance funding authority,
25respectively. The executive director shall not, directly or
26indirectly, exert influence to induce any other officers or
27employees of the state to adopt a political view, or to favor a
28political candidate for office.
29 Sec. 2189. Section 257C.12, subsections 1 and 3, Code 2023,
30are amended to read as follows:
311. If a member or employee other than the executive
32 director of the authority has an interest, either direct or
33indirect, in a contract to which the authority is or is to be
34a party, the interest shall be disclosed to the authority in
35writing and shall be set forth in the minutes of a meeting
-1241-1of the authority. The member having the interest shall
2not participate in action by the board with respect to that
3contract.
43. The executive director shall not have an interest in
5a bank or other financial institution in which the funds of
6the authority are deposited or which is acting as trustee or
7paying agent under a trust indenture to which the authority is
8a party. The executive director shall not receive, in addition
9to fixed salary or compensation, any money or valuable thing,
10either directly or indirectly, or through any substantial
11interest in any other corporation or business unit, for
12negotiating, procuring, recommending, or aiding in any loan
13made by the authority, nor shall the executive director be
14pecuniarily interested, either as principal, co-principal,
15agent, or beneficiary, either directly or indirectly or through
16any substantial interest in any other corporation or business
17unit, in any loan.
18 Sec. 2190. Section 418.5, subsection 2, paragraph f, Code
192023, is amended to read as follows:
20f. The executive director of the Iowa finance authority or
21the executive director’s designee.
22 Sec. 2191. Section 466B.3, subsection 4, paragraph j, Code
232023, is amended to read as follows:
24j. The executive director of the Iowa finance authority or
25the executive director’s designee.
26DIVISION VI
27ECONOMIC DEVELOPMENT AUTHORITY — PARTNER STATE PROGRAM
28 Sec. 2192. NEW SECTION. 15.421 Partner state program.
291. a. A partner state program is created which shall be
30administered by the authority. The purpose of the partner
31state program is to establish and maintain relationships
32between the state and foreign countries, provinces, states,
33regions, oblasts, municipalities, districts, divisions,
34counties, prefectures, towns, cities, villages, boroughs,
35and any other similar political subdivisions to facilitate
-1242-1mutually beneficial exchanges, collaboration, and cooperation
2with regard to agriculture, culture, education, manufacturing,
3science and technology, sports and recreation, tourism, and the
4arts.
5b. A partner state relationship must be formalized in a
6partner state agreement by executive order of the governor.
7c. A partner state agreement may be modified or terminated
8only by executive order of the governor.
92. a. A partner state program fund is created in the state
10treasury under the control of the authority and consisting of
11any moneys appropriated to the fund by the general assembly
12and any other moneys available and obtained or accepted by the
13authority for placement in the fund. The fund shall be used
14to administer the partner state program. The authority shall
15use any moneys specifically appropriated for purposes of this
16section only for the purposes of this section.
17b. Notwithstanding section 12C.7, subsection 2, interest
18or earnings on moneys in the fund shall accrue to the
19authority and shall be used for purposes of this section.
20Notwithstanding section 8.33, moneys in the fund at the end of
21each fiscal year shall not revert to any other fund but shall
22remain in the fund for expenditure for subsequent fiscal years.
23 Sec. 2193. EFFECTIVE DATE. This division of this Act, being
24deemed of immediate importance, takes effect upon enactment.
25 Sec. 2194. APPLICABILITY. This division of this Act applies
26to all of the following:
271. Sister state agreements entered into by the state before
28the effective date of this division of this Act including
29agreements with the following:
30a. China, Hebei Province.
31b. Italy, Veneto Region.
32c. Japan, Yamanashi Prefecture.
33d. Republic of Kosovo.
34e. Mexico, Yucatan.
35f. Taiwan.
-1243- 1g. Ukraine, Cherkasy Oblast.
22. Partner state agreement entered into by the state on or
3after the effective date of this division of this Act.
4DIVISION VII
5PUBLIC EMPLOYMENT RELATIONS BOARD
6 Sec. 2195. Section 7E.6, subsection 5, Code 2023, is amended
7to read as follows:
85. Any position of membership on the board of parole, the
9public employment relations board, the utilities board, the
10employment appeal board, and the property assessment appeal
11board shall be compensated as otherwise provided in law.
12 Sec. 2196. Section 20.1, subsection 2, paragraph g, Code
132023, is amended by striking the paragraph.
14 Sec. 2197. Section 20.5, Code 2023, is amended to read as
15follows:
1620.5 Public employment relations board.
171. There is established a board to be known as the “Public
18Employment Relations Board”.
19a. The board shall consist of three members appointed by the
20governor, subject to confirmation by the senate. In selecting
21the members of the board, consideration shall be given to
22their knowledge, ability, and experience in the field of
23labor-management relations. No more than two members shall be
24of the same political affiliation, and no member shall engage
25in any political activity while holding office and the members
26shall devote full time to their duties.
27b. The members shall be appointed for staggered terms of
28four years beginning and ending as provided in section 69.19.
29c. The member first appointed for a term of four years shall
30serve as chairperson and each of the member’s successors shall
31also serve as chairperson.
32d. Any vacancy occurring shall be filled in the same manner
33as regular appointments are made.
342. The governor shall appoint an executive director of the
35board, subject to confirmation by the senate, who shall serve
-1244-1at the pleasure of the governor. The executive director shall
2serve as the executive officer of the board. In selecting
3the executive director, consideration shall be given to the
4person’s knowledge, ability, and experience in the field of
5labor-management relations. The governor shall set the salary
6of the executive director within the applicable salary range
7established by the general assembly.
82. 3. The board may employ such persons as are necessary
9for the performance of its functions. Personnel of the board
10shall be employed pursuant to the provisions of chapter 8A,
11subchapter IV.
123. 4. The chairperson and the remaining two members
13shall be compensated as provided in section 7E.6, subsection
145. Members of the board and employees of the board shall
15be allowed their actual and necessary expenses incurred in
16the performance of their duties and may be entitled to per
17diem compensation as authorized under section 7E.6. All
18expenses and salaries shall be paid from appropriations for
19such purposes and the board shall be subject to the budget
20requirements of chapter 8.
215. The board shall meet at least quarterly and at the call
22of the chairperson.
23 Sec. 2198. Section 20.6, subsection 1, Code 2023, is amended
24to read as follows:
251. Administer the provisions of this chapter and delegate
26the powers and duties of the board to the executive director or
27persons employed by the board, as appropriate.
28 Sec. 2199. Section 20.11, subsection 5, Code 2023, is
29amended to read as follows:
305. The board’s review of proposed decisions and the
31rehearing or judicial review of final decisions is governed by
32the provisions of chapter 17A.
33 Sec. 2200. Section 20.13, subsection 3, Code 2023, is
34amended by striking the subsection.
35 Sec. 2201. NEW SECTION. 20.34 Judicial review.
-1245- 1Notwithstanding chapter 17A, in a petition for judicial
2review of a decision of the board in a contested case under
3this chapter, the opposing party shall be named the respondent,
4and the board shall not be named as a respondent. Judicial
5review of agency action by the board under this chapter is not
6subject to chapter 17A.
7DIVISION VIII
8DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
9 Sec. 2202. Section 16.57B, subsection 4, Code 2023, is
10amended to read as follows:
114. Registration required. To be considered for a forgivable
12loan or grant under the program, a homeowner or renter must
13register for the disaster case management advocacy program
14established pursuant to section 29C.20B. The disaster case
15manager may refer the homeowner or renter to the appropriate
16local program administrator.
17 Sec. 2203. Section 29C.8, subsection 1, Code 2023, is
18amended to read as follows:
191. The department of homeland security and emergency
20management shall be under the management of a director who
21shall be appointed by the governor, subject to confirmation
22by the senate, and who shall serve at the pleasure of the
23governor.
24 Sec. 2204. Section 29C.20A, subsections 2, 4, and 5, Code
252023, are amended to read as follows:
262. The grant funds shall be administered by the department
27of human services. The department shall adopt rules to create
28the Iowa disaster aid individual assistance grant program. The
29rules shall specify the eligibility of applicants and eligible
30items for grant funding. The executive council shall use
31grant funds to reimburse the department of human services for
32its actual expenses associated with the administration of the
33grants. The department of human services may implement an
34ongoing contract with a provider or providers of a statewide
35program with local offices throughout the state to serve as the
-1246-1local administrative entity for the grant program so that the
2program can be implemented with minimal delay when a disaster
3occurs in a local area. The rules adopted by the department
4of human services for the program shall include but are not
5limited to all of the following:
6a. If a local administrative entity is under contract with
7the state to provide other services or is implementing a state
8or federal program and the contract contains a sufficient
9surety bond or other adequate financial responsibility
10provision, the department shall accept the existing surety
11bond or financial responsibility provision in lieu of applying
12a new or additional surety bond or financial responsibility
13requirement.
14b. If the president of the United States has declared a
15major disaster to exist in this state and federal aid is made
16available to provide assistance grants to individuals similar
17to that provided by the Iowa disaster aid individual assistance
18grant program, the Iowa program shall be discontinued.
19c. Authorization for the local administrative entity to draw
20grant funding to pay valid claims on at least a weekly basis.
214. A recipient of grant funding shall receive reimbursement
22for expenses upon presenting a receipt for an eligible expense
23or shall receive a voucher through a voucher system developed
24by the department of human services and administered locally
25within the designated disaster area. A voucher system shall
26ensure sufficient data collection to discourage and prevent
27fraud. The department shall consult with long-term disaster
28recovery committees and disaster recovery case management
29committees in developing a voucher system.
305. The department of human services shall submit an annual
31report, by January 1 of each year, to the legislative fiscal
32committee and the general assembly’s standing committees on
33government oversight concerning the activities of the grant
34program in the previous fiscal year.
35 Sec. 2205. Section 29C.20B, Code 2023, is amended to read
-1247-1as follows:
229C.20B Disaster case management advocacy grant fund and
3program.
41. a. A disaster case management advocacy grant fund is
5created in the state treasury for the use of the executive
6council. Moneys in the fund shall be expended if grants are
7awarded pursuant to section 29C.20A available following the
8governor’s proclamation of a state of disaster emergency or the
9declaration of a major disaster by the president of the United
10States.
11b. The executive council may make financial grants to
12meet disaster-related case management advocacy needs of
13disaster-affected individuals. The aggregate total of grants
14awarded shall not be more than one million dollars during a
15fiscal year. However, within the same fiscal year, additional
16funds may be specifically authorized by the executive council
17to meet additional needs. Upon request of the department of
18human services, the executive council may make available up to
19one hundred thousand dollars, or so much as is necessary, for
20contract entity staff support and case management training.
21c. The department of human services shall work with the
22department of homeland security and emergency management
23and, as selected by the department of human services, a
24representative representatives of selected nonprofit,
25voluntary, and faith-based organizations active in disaster
26recovery and response to establish a statewide system of
27disaster case management advocacy to be activated following
28the governor’s proclamation of a disaster emergency or the
29declaration of a major disaster by the president of the United
30States for individual assistance purposes.
312. The department of human services shall administer
32disaster case management advocacy grants. The department
33of human services, in conjunction with the department of
34homeland security and emergency management, shall establish
35a disaster case management advocacy program and adopt rules
-1248-1pursuant to chapter 17A necessary to administer the program.
2The executive council shall use grant moneys to reimburse the
3department of human services for actual expenses associated
4with the administration of the grants. Under the program, the
5department of human services shall coordinate case management
6 advocacy services locally through one or more contracted
7entities. The department of human services shall may implement
8an ongoing contract with a provider of a statewide program
9with local offices throughout the state to serve as the
10local administrative entity for the grant program to allow
11implementation of the program with minimal delay if grants are
12awarded pursuant to section 29C.20A following a governor’s
13proclamation of a state of disaster emergency or a declaration
14of a major disaster by the president of the United States.
153. The department of human services, in conjunction with the
16department of homeland security and emergency management and
17a representative in consultation with representatives of the
18Iowa voluntary organizations active in disaster, shall adopt
19rules pursuant to chapter 17A to create coordination mechanisms
20and standards for the establishment and implementation of
21a statewide system of disaster case management advocacy.
22The rules adopted by the department of human services for
23the program shall include but are not limited to all of the
24following:
25a. If a local administrative entity is under contract with
26the state to provide other services or is implementing a state
27or federal program and the contract contains a sufficient
28surety bond or other adequate financial responsibility
29provisions, the department shall accept the existing surety
30bond or financial responsibility provisions in lieu of applying
31a new or additional surety bond or financial responsibility
32requirement.
33b. Authorization for the local administrative entity to draw
34down grant funding to pay valid claims on at least a weekly
35basis.
-1249- 1c. Disaster case management advocacy standards.
2d. Disaster case management advocacy policies.
3e. Reporting requirements.
4f. Eligibility criteria.
5g. Coordination mechanisms necessary to carry out the
6services provided.
7h. Development of formal working relationships with agencies
8and creation of interagency agreements for those considered to
9provide disaster case management advocacy services.
10i. Establishment of nonduplication of benefits policies and
11mechanisms for the exchange of information between agencies to
12ensure compliance with the federal Health Insurance Portability
13and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
141936 (1996).
15j. Referral to all known available services for individuals
16from multiple agencies in coordinated service locations.
174. By January 1 of each year, the department of human
18services shall submit an annual written report to the
19legislative fiscal committee and the general assembly’s
20standing committees on government oversight concerning the
21activities of the grant program during the previous fiscal
22year.
23DIVISION IX
24DEPARTMENT OF VETERANS AFFAIRS
25 Sec. 2206. Section 7E.5, subsection 1, paragraph v, Code
262023, is amended to read as follows:
27v. The department of veterans affairs. However, the
28commission of veterans affairs created in section 35A.2 shall
29have created in section 35A.4, which has primary responsibility
30for state veterans affairs.
31 Sec. 2207. Section 11.5B, subsection 7, Code 2023, is
32amended to read as follows:
337. Iowa veterans home Department of veterans affairs.
34 Sec. 2208. Section 16.2D, subsection 2, paragraph b,
35subparagraph (9), Code 2023, is amended to read as follows:
-1250- 1(9) The director commandant of the department of veterans
2affairs or the director’s commandant’s designee.
3 Sec. 2209. Section 35A.1, subsection 1, Code 2023, is
4amended to read as follows:
51. “Commandant” means the commandant of the Iowa veterans
6home appointed in section 35D.13 appointed pursuant to section
735A.8.
8 Sec. 2210. Section 35A.1, subsection 5, Code 2023, is
9amended by striking the subsection.
10 Sec. 2211. Section 35A.2, subsections 1 and 3, Code 2023,
11are amended to read as follows:
121. A commission of veterans affairs is created consisting of
13eleven persons who shall be appointed by the governor, subject
14to confirmation by the senate. Members shall be appointed to
15staggered terms of four years beginning and ending as provided
16in section 69.19. The governor shall fill a vacancy for the
17unexpired portion of the term. In addition to the members
18appointed by the governor, the director of the department and
19 the commandant of the Iowa veterans home shall serve as a
20 nonvoting, ex officio members member of the commission.
213. a. The commissioners are entitled to receive
22reimbursement for actual expenses incurred while engaged in the
23performance of official duties. Each member of the commission
24may also be eligible to receive compensation as provided in
25section 7E.6.
26b. The executive director, commandant, and employees of the
27department and the Iowa veterans home are entitled to receive,
28in addition to salary, reimbursement for actual expenses
29incurred while engaged in the performance of official duties.
30c. All out-of-state travel by commissioners shall be
31approved by the chairperson of the commission.
32 Sec. 2212. Section 35A.3, subsection 4, Code 2023, is
33amended by striking the subsection and inserting in lieu
34thereof the following:
354. Review and approve applications for distributions
-1251-1of moneys from the veterans license fee fund pursuant to
2section 35A.11 and the veterans trust fund pursuant to section
335A.13 for the benefit of veterans, spouses of veterans, and
4dependents of veterans.
5 Sec. 2213. Section 35A.4, Code 2023, is amended to read as
6follows:
735A.4 Department established.
8There is established an Iowa department of veterans affairs
9which shall consist of a commandant, a commission, an executive
10director, and any additional personnel as employed by the
11executive director commandant.
12 Sec. 2214. Section 35A.5, subsection 10, paragraph d, Code
132023, is amended to read as follows:
14d. The department through the director commandant shall have
15the authority to accept suitable cemetery land, in accordance
16with federal veterans cemetery grant guidelines, from the
17federal government, state government, state subdivisions,
18private sources, and any other source wishing to transfer land
19for use as a veterans cemetery.
20 Sec. 2215. Section 35A.5, subsection 12, Code 2023, is
21amended to read as follows:
2212. Adopt rules pursuant to chapter 17A and establish policy
23for the management and operation of the department, for the
24facilitation of programs under the department’s authority, and
25for the performance of duties established under this section.
26Prior to adopting rules, the department shall submit proposed
27rules to the commission for review and approval pursuant to the
28requirements of section 35A.3.
29 Sec. 2216. Section 35A.8, Code 2023, is amended to read as
30follows:
3135A.8 Executive director Commandant — term — duties.
321. The governor shall appoint an executive director a
33commandant, subject to confirmation by the senate, who shall
34serve at the pleasure of the governor. The executive director
35 commandant is responsible for administering the duties of the
-1252-1department and the commission other than those related to the
2Iowa veterans home.
32. The executive director commandant shall be a resident
4of the state of Iowa and an honorably discharged veteran who
5served in the armed forces of the United States during a
6conflict or war. As used in this section, the dates of service
7in a conflict or war shall coincide with the dates of service
8established by the Congress of the United States.
93. Except for the employment duties and responsibilities
10assigned to the commandant for the Iowa veterans home, the
11executive director The commandant shall employ such personnel
12as are necessary for the performance of the duties and
13responsibilities assigned to the department and the commission.
14All employees shall be selected on a basis of fitness for
15the work to be performed with due regard to training and
16experience and shall be subject to the provisions of chapter
178A, subchapter IV.
18 Sec. 2217. Section 35D.1, subsection 2, Code 2023, is
19amended to read as follows:
202. As used in this chapter:
21a. “Commandant” means the commandant of the Iowa veterans
22home appointed pursuant to section 35D.13 35A.8.
23b. “Commission” means the commission of veterans affairs
24established in section 35A.2.
25c. “Department” means the department of veterans affairs
26established in section 35A.4.
27c. d. “Member” means a patient or resident of the home.
28 Sec. 2218. Section 35D.5, Code 2023, is amended to read as
29follows:
3035D.5 Surviving spouses of veterans.
31If a deceased veteran, who would be entitled to admission
32to the home if the deceased veteran were living, has left a
33surviving spouse, the spouse is entitled to admission to the
34home with the same rights, privileges, and benefits as if the
35veteran were living and a member of the home, if the spouse
-1253-1was married to the veteran for at least one year immediately
2prior to the veteran’s death, is found by the commandant
3 department to be disabled, meets the qualifications for nursing
4or residential level of care, and is a resident of the state of
5Iowa on the date of the application and immediately preceding
6the date the application is accepted.
7 Sec. 2219. Section 35D.7, Code 2023, is amended to read as
8follows:
935D.7 Contributing to own support.
101. Except as otherwise provided in chapter 249A and other
11provisions of this chapter, a member of the home who receives
12a pension, compensation, or gratuity from the United States
13government, or income from any source of more than one hundred
14forty dollars per month, shall contribute to the member’s own
15maintenance or support while a member of the home. The amount
16of the contribution and the method of collection shall be
17determined by the commandant department, but the amount shall
18in no case exceed the actual cost of keeping and maintaining
19the person in the home.
202. Sums paid to and received by the commandant department
21 for the support of members of the home shall be considered
22repayment receipts as defined in section 8.2 and credited to
23the Iowa veterans home account referred to in section 35D.18,
24subsection 3.
253. The commandant department may allow any member of the
26home to render assistance in the care of the home and its
27grounds as the member’s psychosocial and physical condition
28permit, as a phase of that member’s rehabilitation program.
29The commandant department shall compensate each member who
30furnishes assistance at rates approved by the commission.
31 Sec. 2220. Section 35D.10, Code 2023, is amended to read as
32follows:
3335D.10 Payment to spouse.
34Except as otherwise provided in chapter 249A and other
35provisions of this chapter, a member of the home who receives a
-1254-1pension or compensation and who has a spouse shall deposit with
2the commandant department on receipt of the member’s pension or
3compensation check one-half of its amount, which shall be sent
4by the eighth day of the month or at once if any such pension
5or compensation is received after the eighth day of the month
6to the spouse.
7 Sec. 2221. Section 35D.11, Code 2023, is amended to read as
8follows:
935D.11 Handling of pension money and other funds.
101. Pension money deposited with the commandant department
11 is not assignable for any purpose except as provided in section
1235D.10, or in accordance with subsection 2 of this section.
132. The commandant department, if authorized by a member of
14the home, and pursuant to policies adopted by the commission,
15may act on behalf of that member in receiving, disbursing, and
16accounting for personal funds of the member received from any
17source. The authorization may be given by the member at any
18time and shall not be a condition of admission to the home.
19 Sec. 2222. Section 35D.12, Code 2023, is amended to read as
20follows:
2135D.12 Bank account for members’ deposits.
221. a. The Iowa veterans home, for the convenience of its
23members, may maintain a commercial account with a federally
24insured bank for the individual personal deposits of its
25members. The account shall be known as the Iowa veterans
26home membership account. The commandant department shall
27record each member’s personal deposits individually and shall
28deposit the funds in the membership account, where the members’
29deposits shall be held in the aggregate.
30b. The Iowa veterans home may withdraw moneys from the
31account maintained pursuant to this subsection to establish
32certificates of deposit for the benefit of all members. The
33commission department shall adopt rules pursuant to chapter 17A
34for the administration of this paragraph.
352. The commandant department, if authorized by a member of
-1255-1the home, and pursuant to policies adopted by the commission,
2may make withdrawals against that member’s personal account to
3pay regular bills and other expenses incurred by the member.
4The authorization may be given by the member at any time and
5shall not be a condition of admission to the home.
6 Sec. 2223. Section 35D.15, subsection 1, Code 2023, is
7amended to read as follows:
81. The commandant shall administer and enforce all rules
9adopted by the commission, including rules of discipline and,
10subject to these rules, may immediately suspend the membership
11of and discharge any person from the home for infraction of
12the rules when the commandant department determines that the
13health, safety, or welfare of the residents of the home is in
14immediate danger and other reasonable alternatives have been
15exhausted. The suspension and discharge are temporary pending
16action by the commission. Judicial review of the action of the
17commission may be sought in accordance with chapter 17A.
18 Sec. 2224. Section 35D.15, subsection 2, paragraphs a, b, d,
19and f, Code 2023, are amended to read as follows:
20a. The commandant department shall, with the input
21and recommendation of the interdisciplinary resident care
22committee, involuntarily discharge a member for any of the
23following reasons:
24(1) (a) The member has been diagnosed with a substance use
25disorder but continues to abuse alcohol or an illegal drug in
26violation of the member’s conditional or provisional agreement
27entered into at the time of admission, and all of the following
28conditions are met:
29(i) The member has been provided sufficient notice of any
30changes in the member’s collaborative care plan.
31(ii) The member has been notified of the member’s commission
32of three offenses and has been given the opportunity to correct
33the behavior through either of the following options:
34(A) Being given the opportunity to receive the appropriate
35level of treatment in accordance with best practices for
-1256-1standards of care.
2(B) By having been placed on probation by the Iowa veterans
3home for a second offense.
4(b) Notwithstanding the member’s meeting the criteria
5for discharge under this subparagraph (1), if the member
6has demonstrated progress toward the goals established in
7the member’s collaborative care plan, the interdisciplinary
8resident care committee and the commandant department may
9exercise discretion regarding the discharge. Notwithstanding
10any provision to the contrary, the member may be immediately
11discharged under this subparagraph (1) if the member’s actions
12or behavior jeopardizes the life or safety of other members or
13staff.
14(2) (a) The member refuses to utilize the resources
15available to address issues identified in the member’s
16collaborative care plan, and all of the following conditions
17are met:
18(i) The member has been provided sufficient notice of any
19changes in the member’s collaborative care plan.
20(ii) The member has been notified of the member’s commission
21of three offenses and the member has been placed on probation
22by the Iowa veterans home for a second offense.
23(b) Notwithstanding the member’s meeting the criteria
24for discharge under this subparagraph (2), if the member
25has demonstrated progress toward the goals established in
26the member’s collaborative care plan, the interdisciplinary
27resident care committee and the commandant department may
28exercise discretion regarding the discharge. Notwithstanding
29any provision to the contrary, the member may be immediately
30discharged if the member’s actions or behavior jeopardizes the
31life or safety of other members or staff.
32(3) The member no longer requires a residential or nursing
33level of care, as determined by the interdisciplinary resident
34care committee.
35(4) The member requires a level of licensed care not
-1257-1provided at the Iowa veterans home.
2b. (1) If a member is discharged under this subsection,
3the discharge plan shall include placement in a suitable
4living situation which may include but is not limited to
5a transitional living program approved by the commission
6or a living program provided by the United States veterans
7administration.
8(2) If a member is involuntarily discharged under this
9subsection, the commission department shall, to the greatest
10extent possible, ensure against the veteran being homeless and
11ensure that the domicile to which the veteran is discharged is
12fit and habitable and offers a safe and clean environment which
13is free from health hazards and provides appropriate heating,
14ventilation, and protection from the elements.
15d. Annually, by the fourth Monday of each session of the
16general assembly, the commandant department shall submit a
17report to the veterans affairs committees of the senate and
18house of representatives specifying the number, circumstances,
19and placement of each member involuntarily discharged from the
20Iowa veterans home under this subsection during the previous
21calendar year.
22f. Any involuntary discharge by the commandant department
23 under this subsection shall comply with the rules adopted by
24the commission under this subsection and by the department of
25inspections and appeals pursuant to section 135C.14, subsection
268, paragraph “f”.
27 Sec. 2225. Section 35D.17, Code 2023, is amended to read as
28follows:
2935D.17 Report by commandant department.
30The commandant department shall, biennially, make a full
31and detailed report to the governor, the commission, and the
32general assembly, showing the condition of the home, the
33number of members in the Iowa veterans home, the order and
34discipline enforced, and the needs of the home financially and
35otherwise, together with an itemized statement of all receipts
-1258-1and disbursements and any other matters of importance in the
2management and control of the Iowa veterans home.
3 Sec. 2226. REPEAL. Sections 35D.13 and 35D.14, Code 2023,
4are repealed.
5DIVISION X
6OFFICE OF DRUG CONTROL POLICY
7 Sec. 2227. Section 80.4, subsection 1, Code 2023, is amended
8by adding the following new paragraph:
9 NEW PARAGRAPH. g. Office of drug control policy.
10 Sec. 2228. Section 80.5, Code 2023, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 10. The department shall receive and review
13the budget submitted by the drug policy director and assist the
14drug policy director in directing the office of drug control’s
15policy pursuant to section 80E.1.
16 Sec. 2229. Section 80E.1, Code 2023, is amended to read as
17follows:
1880E.1 Drug policy coordinator director.
191. The office of drug control policy is established in
20the department of public safety.A drug policy coordinator
21 director shall be appointed by the governor, subject to
22confirmation by the senate, and shall serve at the pleasure of
23the governor commissioner of the department of public safety.
24The governor shall fill a vacancy in the office in the same
25manner as the original appointment was made. The coordinator
26 director shall be selected primarily for administrative
27ability. The coordinator director shall not be selected on
28the basis of political affiliation and shall not engage in
29political activity while holding the office. The salary of the
30coordinator shall be fixed by the governor.
312. The coordinator director shall:
32a. Direct the governor’s office of drug control policy,
33and coordinate and monitor all statewide drug enforcement
34efforts, coordinate and monitor all state and federal substance
35use disorder treatment grants and programs, coordinate and
-1259-1monitor all statewide substance abuse use prevention and
2education programs in communities and schools, and engage
3in such other related activities as required by law. The
4coordinator director shall work in coordinating the efforts of
5the department of corrections, the department of education,
6the Iowa department of public health, the department of public
7safety, and the department of health and human services. The
8coordinator director shall assist in the development and
9implementation of local and community strategies to fight
10substance abuse, including local law enforcement, education,
11and treatment activities.
12b. Submit an annual report to the governor and general
13assembly by November 1 of each year concerning the activities
14and programs of the coordinator director and other departments
15related to drug enforcement, substance use disorder treatment
16programs, and substance abuse use prevention and education
17programs. The report shall include an assessment of needs with
18respect to programs related to substance use disorder treatment
19and drug enforcement.
20c. Submit an advisory budget recommendation to the governor
21and general assembly concerning enforcement programs, treatment
22programs, and education programs related to drugs within the
23various departments. The coordinator director shall work
24with these departments in developing the departmental budget
25requests to be submitted to the legislative services agency and
26the general assembly.
273. The governor’s office of drug control policy shall be
28an independent office, located at the same location as the
29department of public safety. Administrative support services
30may shall be provided to the governor’s office of drug control
31policy by the department of public safety.
32 Sec. 2230. Section 80E.2, subsection 1, paragraphs a and f,
33Code 2023, are amended to read as follows:
34a. The drug policy coordinator director, who shall serve as
35chairperson of the council.
-1260- 1f. The director of the department of health and human
2services, or the director’s designee.
3 Sec. 2231. Section 80E.4, Code 2023, is amended to read as
4follows:
580E.4 Drug abuse resistance education fund.
6A drug abuse resistance education fund is created as a
7separate fund in the state treasury under the control of the
8governor’s office department of public safety for the office
9 of drug control policy for use by the drug abuse resistance
10education program and other programs with a similar purpose.
11The fund shall consist of appropriations made to the fund
12and transfers of interest, moneys collected from the crime
13services surcharge established in section 911.1, and earnings.
14All moneys in the fund are appropriated to the governor’s
15office of drug control policy department of public safety.
16Notwithstanding section 8.33, any balance in the fund on June
1730 of any fiscal year shall not revert to any other fund of the
18state but shall remain available for the purposes described in
19this section.
20 Sec. 2232. Section 124.101, subsection 22, Code 2023, is
21amended to read as follows:
2222. “Office” means the governor’s office of drug control
23policy, as referred to in section 80E.1.
24DIVISION XI
25DEPARTMENT OF WORKFORCE DEVELOPMENT
26PRIMARY DEPARTMENT RESPONSIBILITIES
27 Sec. 2233. Section 84A.5, subsection 3, Code 2023, is
28amended to read as follows:
293. The department of workforce development is responsible
30for administration of unemployment compensation benefits
31and collection of employer contributions under chapter 96,
32providing for the delivery of free public employment services
33established pursuant to chapter 96, other job placement and
34training programs established pursuant to section 84A.6,
35employment agencies under chapter 84H, and the delivery of
-1261-1services located throughout the state.
2 Sec. 2234. Section 84A.5, subsection 7, Code 2023, is
3amended by adding the following new paragraphs:
4 NEW PARAGRAPH. f. The statewide work-based learning
5intermediary network program under section 84A.16.
6 NEW PARAGRAPH. g. The new jobs training program under
7chapter 260E, in consultation with the community colleges.
8 NEW PARAGRAPH. h. The Iowa jobs training act under chapter
9260F.
10 NEW PARAGRAPH. i. The workforce development fund program
11under chapter 84F.
12 NEW PARAGRAPH. j. The accelerated career education
13program under chapter 260G, in coordination with the community
14colleges.
15 NEW PARAGRAPH. k. The older American community service
16employment program under section 84A.17.
17 NEW PARAGRAPH. l. The apprenticeship training program under
18chapter 84D.
19 NEW PARAGRAPH. m. The future ready Iowa registered
20apprenticeship development program under section 84E.1.
21 NEW PARAGRAPH. n. The future ready Iowa expanded registered
22apprenticeship opportunities program under section 84E.2.
23 NEW PARAGRAPH. o. Adult education and literacy programs
24under section 84A.19.
25REGIONAL INDUSTRY SECTOR PARTNERSHIPS
26 Sec. 2235. Section 260H.2, subsection 2, Code 2023, is
27amended to read as follows:
282. a. A pathways for academic career and employment fund is
29created for the community colleges in the state treasury to be
30administered by the department of education and the department
31of workforce development. The moneys in the pathways for
32academic career and employment fund are appropriated to the
33department of education for the pathways for academic career
34and employment program.
35b. Commencing with the fiscal year beginning July 1,
-1262-12023, of the moneys in the pathways for academic career and
2employment fund, there is annually appropriated two hundred
3thousand dollars to the department of workforce development for
4the development and implementation of regional industry sector
5partnerships under section 260H.7B, and the remaining moneys in
6the fund shall be appropriated to the department of education
7for the pathways for academic career and employment program.
8b. c. The aggregate total of grants awarded from the
9pathways for academic career and employment fund during a
10fiscal year shall not be more than five million dollars.
11c. d. Moneys in the fund appropriated to the department of
12education under paragraph “b” shall be allocated pursuant to
13the formula established in section 260C.18C. Notwithstanding
14section 8.33, moneys in the fund at the close of the fiscal
15year shall not revert to the general fund of the state but
16shall remain available for expenditure for the purpose
17designated for subsequent fiscal years. Notwithstanding
18section 12C.7, subsection 2, interest or earnings on moneys in
19the fund shall be credited to the fund.
20 Sec. 2236. Section 260H.7B, Code 2023, is amended to read
21as follows:
22260H.7B Regional industry sector partnerships.
231. A community college and the department of workforce
24development may use moneys for the pathways for academic career
25and employment program to provide staff and support for the
26development and implementation of a regional industry sector
27partnerships partnership within the each region served by
28the each community college. For purposes of this section,
29“community college” means the same as defined in section 260C.2.
302. Regional, A regional industry sector partnerships
31 partnership may include but are engage in but is not limited to
32the following activities:
33a. Bringing together Collaborating with representatives
34from industry sectors, government, education, local workforce
35boards, community-based organizations, labor, economic
-1263-1development organizations, and other stakeholders within the
2regional labor market to determine how pathways for academic
3career and employment projects should address workforce skills
4gaps, occupational shortages, and wage gaps.
5b. Integrating pathways for academic career and employment
6projects and other existing supply-side strategies with
7workforce needs within the region served by the community
8college in that region.
9c. Developing pathways for academic career and employment
10projects that focus on the workforce skills, from entry level
11to advanced, required by industry sectors within the region
12served by the community college.
13d. Structuring pathways so that instruction and learning of
14 workforce skills are aligned with industry-recognized standards
15where such standards exist.
16 Sec. 2237. Section 260H.8, Code 2023, is amended to read as
17follows:
18260H.8 Rules.
19The department of education, in consultation with the
20community colleges, the economic development authority, and the
21department of workforce development, shall adopt rules pursuant
22to chapter 17A and this chapter to implement the provisions of
23 this chapter. Local workforce development boards established
24pursuant to section 84A.4 shall be consulted in the development
25and implementation of rules to be adopted pursuant to this
26chapter section.
27 Sec. 2238. CODE EDITOR DIRECTIVE.
281. The Code editor is directed to make the following
29transfer:
30Section 260H.7B to section 84A.15.
312. The Code editor shall correct internal references in the
32Code and in any enacted legislation as necessary due to the
33enactment of this section.
34 Sec. 2239. TRANSITION PROVISIONS. A regional industry
35sector partnership entered into by a community college prior
-1264-1to the effective date of this division of this Act shall be
2valid and continue per the terms of the agreement between the
3community college and the partnership.
4STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK
5 Sec. 2240. Section 256.40, Code 2023, is amended to read as
6follows:
7256.40 Statewide work-based learning intermediary network —
8fund — steering committee — regional networks.
91. A statewide work-based learning intermediary network
10program is established in the department of workforce
11development and shall be administered by the department. A
12separate, statewide work-based learning intermediary network
13fund is created in the state treasury under the control of the
14department of workforce development. The fund shall consist
15of all moneys deposited in the fund, including any moneys
16appropriated by the general assembly and any other moneys
17available to and obtained or accepted by the department of
18workforce development from federal or private sources for
19purposes of the program. Notwithstanding section 8.33, moneys
20in the fund at the end of a fiscal year shall not revert to
21the general fund of the state. Notwithstanding section 12C.7,
22subsection 2, interest or earnings on moneys in the fund shall
23be credited to the fund.
242. The purpose of the program shall be to prepare students
25for the workforce by connecting business and the education
26system facilitating cooperation and collaboration between
27businesses and entities within the state system of education,
28as that state system of education is described in section
29256.1, subsection 1, and offering to offer relevant, work-based
30learning activities to students and teachers. The program
31shall do all of the following:
32a. Better prepare Prepare students to make informed
33postsecondary education and career decisions.
34b. Provide communication and coordination in order to build
35and sustain relationships between employers and local youth,
-1265-1the state system of education system, and the community at
2large.
3c. Connect students to local career opportunities within the
4state, creating economic capital for the region state using a
5skilled and available workforce.
6d. Provide a one-stop contact point for information
7useful to both educators and employers, including information
8on related to internships, job shadowing experiences,
9apprenticeable occupations as defined in section 15B.2,
10and other workplace learning opportunities for students,
11particularly including those related to occupations in
12 science, technology, engineering, or mathematics occupations,
13occupations related to critical infrastructure, and commercial
14and residential construction, or and targeted industries as
15defined in section 15.102.
16e. Integrate services provided through the program with
17other career exploration-related activities, which may include
18but are not limited to the a student’s career and academic
19plans and career information and decision-making systems
20utilized in accordance with under section 279.61.
21f. Facilitate the attainment of portable credentials of
22value to employers such as the national career readiness
23certificate, where appropriate.
24g. Develop work-based capacity with employers.
25h. Provide core services, which may include student job
26shadowing, student internships, and teacher or student tours.
273. a. The department of workforce development shall
28establish and facilitate a steering committee comprised of
29representatives from the department of workforce development
30 education, the economic development authority, the community
31colleges, the institutions under the control of the state board
32of regents, accredited private institutions, area education
33agencies, school districts, the workplace learning connection,
34and an apprenticeship sponsor as defined in section 15B.2. The
35steering committee shall be responsible for the development
-1266-1and implementation of the statewide work-based learning
2intermediary network.
34. b. The steering committee shall develop a design for
4a statewide network comprised of fifteen regional work-based
5learning intermediary networks. The design shall include
6network specifications, strategic functions, and desired
7outcomes. The steering committee shall recommend program
8parameters and reporting requirements to the department of
9workforce development.
105. 4. Each regional network shall establish an advisory
11council to provide advice and assistance to the regional
12network. The advisory council shall include representatives of
13business and industry, including construction trade industry
14professionals, and shall meet at least annually.
156. 5. Each regional network or consortium of networks shall
16annually submit a work-based learning plan to the department of
17workforce development. Each plan shall include provisions to
18provide core services referred to in subsection 2, paragraph
19“h”, to all school districts within the region and for the
20integration of job shadowing and other work-based learning
21activities into secondary career and technical education
22programs.
237. 6. a. Moneys Upon approval by the department of
24workforce development of a region’s work-based learning plan
25submitted pursuant to subsection 5, moneys deposited in the
26statewide work-based learning intermediary network fund created
27in subsection 1 shall be distributed annually by the department
28of workforce development to each region for the implementation
29of the statewide work-based learning intermediary network upon
30approval by the department of the region’s work-based learning
31plan submitted pursuant to subsection 6.
32b. If the balance in the statewide work-based learning
33intermediary network fund on July 1 of a fiscal year is one
34million five hundred thousand dollars or less, the department
35of workforce development shall distribute moneys in the fund to
-1267-1regions or consortiums of regions on a competitive basis. If
2the balance in the statewide work-based learning intermediary
3network fund on July 1 of a fiscal year is greater than one
4million five hundred thousand dollars, the department of
5workforce development shall distribute one hundred thousand
6dollars to each region and distribute the remaining moneys
7pursuant to the same formula established for distribution of
8funds by the department of education in section 260C.18C.
98. 7. The department of workforce development shall provide
10oversight of the statewide work-based learning intermediary
11network. The department of workforce development shall require
12each region to submit an annual report on its the region’s
13 ongoing implementation of the statewide work-based learning
14intermediary network program to the department.
159. 8. Each regional network shall match the moneys received
16pursuant to subsection 7 6 with financial resources equal to at
17least twenty-five percent of the amount of the moneys received
18pursuant to subsection 7 6. The financial resources used
19to provide the match may include private donations, in-kind
20contributions, or public moneys other than the moneys received
21pursuant to subsection 7 6.
2210. 9. The state board of education department of workforce
23development shall adopt rules under chapter 17A for the
24administration of this section.
25 Sec. 2241. CODE EDITOR DIRECTIVE.
261. The Code editor is directed to make the following
27transfer:
28Section 256.40, as amended in this division of this Act, to
29section 84A.16.
302. The Code editor shall correct internal references in the
31Code and in any enacted legislation as necessary due to the
32enactment of this section.
33INDUSTRIAL NEW JOBS TRAINING
34 Sec. 2242. Section 15A.7, subsection 3, Code 2023, is
35amended to read as follows:
-1268- 13. That the employer shall agree to pay wages for the jobs
2for which the credit is taken of at least the laborshed wage,
3as calculated by the authority pursuant to section 15.327,
4subsection 15. For purposes of this subsection, “laborshed
5wage” means the wage level represented by those wages within
6two standard deviations from the mean wage within the laborshed
7area in which the eligible business is located, as calculated
8by the department of workforce development by rule, using the
9most current covered wage and employment data available to
10the department for the laborshed area.Eligibility for the
11supplemental credit shall be based on a one-time determination
12of starting wages by the community college.
13 Sec. 2243. Section 260E.7, Code 2023, is amended to read as
14follows:
15260E.7 Program review by economic development authority
16 department of workforce development.
171. The economic development authority department of
18workforce development, in consultation with the department of
19education, and the department of revenue, and the department
20of workforce development, shall coordinate and review the new
21jobs training program. The economic development authority
22 department of workforce development shall adopt, amend, and
23repeal rules under chapter 17A that the community college will
24use in developing projects with new and expanding industrial
25new jobs training proposals and that the economic development
26authority department of workforce development shall use to
27review and report on the new jobs training program as required
28in this section.
292. a. The authority department of workforce development,
30in consultation with the community colleges participating
31in the new jobs training program pursuant to this chapter,
32shall identify the information necessary to effectively
33coordinate and review the program, and the community colleges
34shall provide such information to the authority department.
35Using the information provided, the authority department, in
-1269-1consultation with the community colleges, shall issue a report
2on the effectiveness of the program.
3b. In coordinating and reviewing the program, the department
4of workforce development shall give due regard shall be given
5 to the confidentiality of certain information provided by the
6community colleges, and the authority shall comply with the
7provisions of section 15.118 to the extent that such provisions
8are applicable to the new jobs training program.
93. The authority department of workforce development
10 is authorized to make any rule that is adopted, amended,
11or repealed effective immediately upon filing with the
12administrative rules coordinator or at a subsequent stated date
13prior to indexing and publication, or at a stated date less
14than thirty-five days after filing, indexing, and publication.
15 Sec. 2244. Section 403.21, subsections 2 and 3, Code 2023,
16are amended to read as follows:
172. The community college shall send a copy of the final
18agreement prepared pursuant to section 260E.3 to the economic
19development authority department of workforce development.
20For each year in which incremental property taxes are used to
21pay job training certificates issued for a project creating
22new jobs, the community college shall provide to the economic
23development authority department of workforce development
24 a report of the incremental property taxes and new jobs
25credits from withholding generated for that year, a specific
26description of the training conducted, the number of employees
27provided program services under the project, the median
28wage of employees in the new jobs in the project, and the
29administrative costs directly attributable to the project.
303. For each year in which incremental property taxes are
31used to retire debt service on a jobs training advance issued
32for a project creating new jobs, the community college shall
33provide to the economic development authority department of
34workforce development a report of the incremental property
35taxes and new jobs credits from withholding generated for that
-1270-1year, a specific description of the training conducted, the
2number of employees provided services under the project, the
3median wage of employees in the new jobs in the project, and
4the administrative costs directly attributable to the project.
5 Sec. 2245. Section 422.16A, Code 2023, is amended to read
6as follows:
7422.16A Job training withholding — certification and
8transfer.
9Upon the completion by a business of its repayment
10obligation for a training project funded under chapter 260E,
11including a job training project funded under section 15A.8
12or repaid in whole or in part by the supplemental new jobs
13credit from withholding under section 15A.7 or section 15E.197,
14Code 2014, the sponsoring community college shall report to
15the economic development authority department of workforce
16development the amount of withholding paid by the business
17to the community college during the final twelve months of
18withholding payments. The economic development authority
19 department of workforce development shall notify the department
20of revenue of that amount. The department of revenue shall
21credit to the workforce development fund account established in
22section 15.342A twenty-five percent of that amount each quarter
23for a period of ten years. If the amount of withholding from
24the business or employer is insufficient, the department of
25revenue shall prorate the quarterly amount credited to the
26workforce development fund account. The maximum amount from
27all employers which shall be transferred to the workforce
28development fund account in any year is seven million seven
29hundred fifty thousand dollars.
30 Sec. 2246. REPEAL. Sections 15.251 and 15.252, Code 2023,
31are repealed.
32 Sec. 2247. CODE EDITOR DIRECTIVE.
331. The Code editor is directed to make the following
34transfers:
35a. Section 15A.7 to section 260J.1.
-1271- 1b. Section 15A.8 to section 260J.2.
22. The Code editor shall correct internal references in the
3Code and in any enacted legislation as necessary due to the
4enactment of this section.
5JOB TRAINING
6 Sec. 2248. Section 260F.2, subsection 2, Code 2023, is
7amended by striking the subsection.
8 Sec. 2249. Section 260F.2, subsections 4, 5, and 11, Code
92023, are amended to read as follows:
104. “Date of commencement of the project” means the date
11of the preliminary agreement or the date an application for
12assistance is received by the authority department.
135. “Eligible business” or “business” means a business
14training employees which is engaged in interstate or intrastate
15commerce for the purpose of manufacturing, processing, or
16assembling products, conducting research and development, or
17providing services in interstate commerce, but excludes retail,
18health, or professional services and which meets the other
19criteria established by the authority department. “Eligible
20business” does not include a business whose training costs can
21be economically funded under chapter 260E, a business which
22closes or substantially reduces its employment base in order
23to relocate substantially the same operation to another area
24of the state, or a business which is involved in a strike,
25lockout, or other labor dispute in Iowa.
2611. “Project” means a training arrangement which is the
27subject of an agreement entered into between the community
28college and a business to provide program services. “Project”
29also means a training arrangement which is sponsored by the
30authority department and administered under sections 260F.6A
31and 260F.6B.
32 Sec. 2250. Section 260F.2, Code 2023, is amended by adding
33the following new subsection:
34 NEW SUBSECTION. 4A. “Department” means the department of
35workforce development.
-1272-1 Sec. 2251. Section 260F.3, subsection 5, Code 2023, is
2amended to read as follows:
35. Other criteria established by the department of
4education.
5 Sec. 2252. Section 260F.6, subsections 1 and 2, Code 2023,
6are amended to read as follows:
71. There is established for the community colleges a job
8training fund in the economic development authority department
9of workforce development in the workforce development fund
10established in section 15.342A. The job training fund consists
11of moneys appropriated for the purposes of this chapter plus
12the interest and principal from repayment of advances made to
13businesses for program costs, plus the repayments, including
14interest, of loans made from that retraining fund, and interest
15earned from moneys in the job training fund.
162. To provide funds for the present payment of the costs
17of a training program by the business, the community college
18may provide to the business an advance of the moneys to be used
19to pay for the program costs as provided in the agreement.
20To receive the funds for this advance from the job training
21fund established in subsection 1, the community college shall
22submit an application to the authority department. The amount
23of the advance shall not exceed fifty thousand dollars for
24any business site, or one hundred thousand dollars within
25a three-fiscal-year period for any business site. If the
26project involves a consortium of businesses, the maximum award
27per project shall not exceed one hundred thousand dollars.
28Participation in a consortium does not affect a business
29site’s eligibility for individual project assistance. Prior
30to approval a business shall agree to match program amounts
31in accordance with criteria established by the authority
32 department.
33 Sec. 2253. Section 260F.6A, Code 2023, is amended to read
34as follows:
35260F.6A Business network training projects.
-1273- 1The community colleges and the authority department are
2authorized to fund business network training projects which
3include five or more businesses and are located in two or more
4community college districts. A business network training
5project must have a designated organization or lead business
6to serve as the administrative entity that will coordinate the
7training program. The businesses must have common training
8needs and develop a plan to meet those needs. The authority
9 department shall adopt rules governing this section’s operation
10and participant eligibility.
11 Sec. 2254. Section 260F.6B, Code 2023, is amended to read
12as follows:
13260F.6B High technology apprenticeship program.
14The community colleges and the authority department
15 are authorized to fund high technology apprenticeship
16programs which comply with the requirements specified in
17section 260C.44 and which may include both new and statewide
18apprenticeship programs. Notwithstanding the provisions
19of section 260F.6, subsection 2, relating to maximum award
20amounts, moneys allocated to the community colleges with high
21technology apprenticeship programs shall be distributed to the
22community colleges based upon contact hours under the programs
23administered during the prior fiscal year as determined by
24the department of education. The authority department shall
25adopt rules governing this section’s operation and participant
26eligibility.
27 Sec. 2255. Section 260F.7, Code 2023, is amended to read as
28follows:
29260F.7 Authority to coordinate Coordination — department of
30workforce development.
31The authority department, in consultation with the
32department of education and the department of workforce
33development, shall coordinate the jobs training program. A
34project shall not be funded under this chapter unless the
35authority department approves the project. The authority
-1274-1 department shall adopt rules pursuant to chapter 17A governing
2the program’s operation and eligibility for participation in
3the program. The authority department shall establish by rule
4criteria for determining what constitutes an eligible business.
5 Sec. 2256. Section 260F.8, subsection 1, Code 2023, is
6amended to read as follows:
71. For each fiscal year, the authority department shall
8make funds available to the community colleges. The authority
9 department shall allocate by formula from the moneys in
10the fund an amount for each community college to be used to
11provide the financial assistance for proposals of businesses
12whose applications have been approved by the authority
13 department. The financial assistance shall be provided by
14the authority department from the amount set aside for that
15community college. If any portion of the moneys set aside for
16a community college have not been used or committed by May
171 of the fiscal year, that portion is available for use by
18the authority department to provide financial assistance to
19businesses applying to other community colleges. The authority
20 department shall adopt by rule a formula for this set-aside.
21 Sec. 2257. TRANSITION PROVISIONS.
221. A project that is entered into by a community college
23and a business under section 260F.3 prior to the effective date
24of this division of this Act shall be valid and continue as
25provided in the terms of the agreement.
262. A project sponsored by and administered under section
27260F.6A or 260F.6B by the economic development authority prior
28to the effective date of this division of this Act shall be
29valid and continue as provided by the terms of the training
30arrangement.
31WORKFORCE DEVELOPMENT FUND PROGRAM
32 Sec. 2258. Section 15.108, subsection 6, Code 2023, is
33amended by striking the subsection.
34 Sec. 2259. Section 15.341, Code 2023, is amended to read as
35follows:
-1275- 115.341 Workforce development fund program.
2This part chapter shall be known as the “Workforce
3Development Fund” program.
4 Sec. 2260. Section 15.342, Code 2023, is amended to read as
5follows:
615.342 Purpose.
7The purpose of this part chapter shall be to provide a
8mechanism for funding workforce development programs listed in
9section 15.343, subsection 2, in order to more efficiently meet
10the needs identified within those individual programs.
11 Sec. 2261. Section 15.342A, Code 2023, is amended to read
12as follows:
1315.342A Workforce development fund account.
141. A workforce development fund account is established in
15the office of the treasurer of state under the control of the
16authority department of workforce development. The account
17shall receive funds pursuant to section 422.16A.
182. For the fiscal year beginning July 1, 2014 2023,
19and for each fiscal year thereafter, there is annually
20appropriated from the workforce development fund account to the
21apprenticeship training program fund created in section 15B.3
22three million dollars for the purposes of chapter 15B.
233. For the fiscal year beginning July 1, 2014 2023, and for
24each fiscal year thereafter, there is annually appropriated
25from the workforce development fund account to the job training
26fund created in section 260F.6 four million seven hundred fifty
27thousand dollars for the purposes of chapter 260F.
28 Sec. 2262. Section 15.343, subsections 1 and 2, Code 2023,
29are amended to read as follows:
301. a. A workforce development fund is created as a
31revolving fund in the state treasury under the control of the
32authority department of workforce development consisting of any
33moneys appropriated by the general assembly for that purpose
34and any other moneys available to and obtained or accepted by
35the authority department of workforce development from the
-1276-1federal government or private sources for placement in the
2fund. The fund shall also include moneys appropriated to the
3fund from the workforce development fund account established
4in section 15.342A.
5b. Notwithstanding section 8.33, moneys in the workforce
6development fund at the end of each fiscal year shall not
7revert to any other fund but shall remain in the workforce
8development fund for expenditure for subsequent fiscal years.
92. The assets of the fund shall be used by the authority
10 department of workforce development for the following programs
11and purposes:
12a. Projects under chapter 260F. The authority department of
13workforce development shall require a match from all businesses
14participating in a training project under chapter 260F.
15b. Apprenticeship programs under section 260C.44, including
16new or statewide building trades apprenticeship programs.
17c. To cover the costs of the administration of workforce
18development programs and services available through the
19authority. A portion of these funds may be used to To support
20efforts by the community colleges to provide workforce services
21to Iowa employers.
22 Sec. 2263. Section 15.344, Code 2023, is amended to read as
23follows:
2415.344 Common system — assessment and tracking.
25The authority department of workforce development shall use
26information from the customer tracking system administered by
27the department of workforce development under section 84A.5 to
28determine the economic impact of the programs. To the extent
29possible, the authority department shall track individuals and
30businesses who have received assistance or services through
31the fund to determine whether the assistance or services have
32resulted in increased wages paid to the individuals or paid by
33the businesses.
34 Sec. 2264. CODE EDITOR DIRECTIVE.
351. The Code editor is directed to make the following
-1277-1transfers:
2a. Section 15.341 to section 84F.1.
3b. Section 15.342 to section 84F.2.
4c. Section 15.342A to section 84F.3.
5d. Section 15.343 to section 84F.4.
6e. Section 15.344 to section 84F.5.
72. The Code editor shall correct internal references in the
8Code and in any enacted legislation as necessary due to the
9enactment of this section.
10ACCELERATED CAREER EDUCATION PROGRAM
11 Sec. 2265. Section 260G.3, subsection 2, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13An agreement may include reasonable and necessary provisions
14to implement the accelerated career education program. If
15an agreement is entered into, the community college and the
16employer shall notify the department of revenue as soon as
17possible. The community college shall also file a copy of the
18agreement with the economic development authority department
19of workforce development as required in section 260G.4B. The
20agreement shall provide for program costs, including deferred
21costs, which may be paid from any of the following sources:
22 Sec. 2266. Section 260G.4B, Code 2023, is amended to read
23as follows:
24260G.4B Maximum statewide program job credit.
251. The total amount of program job credits from all
26employers which shall be allocated for all accelerated career
27education programs in the state in any one fiscal year shall
28not exceed five million four hundred thousand dollars. A
29community college shall file a copy of each agreement with
30the economic development authority department of workforce
31development. The authority department of workforce development
32 shall maintain an annual record of the proposed program job
33credits under each agreement for each fiscal year. Upon
34receiving a copy of an agreement, the authority department of
35workforce development shall allocate any available amount of
-1278-1program job credits to the community college according to the
2agreement sufficient for the fiscal year and for the term of
3the agreement. When the total available program job credits
4are allocated for a fiscal year, the authority department of
5workforce development shall notify all community colleges that
6the maximum amount has been allocated and that further program
7job credits will not be available for the remainder of the
8fiscal year. Once program job credits have been allocated to
9a community college, the full allocation shall be received by
10the community college throughout the fiscal year and for the
11term of the agreement even if the statewide program job credit
12maximum amount is subsequently allocated and used.
132. For the fiscal years beginning July 1, 2000, and
14July 1, 2001, the department of economic development shall
15allocate eighty thousand dollars of the first one million two
16hundred thousand dollars of program job credits authorized and
17available for that fiscal year to each community college. This
18allocation shall be used by each community college to provide
19funding for approved programs. For the fiscal year beginning
20July 1, 2002 2023, and for every fiscal year thereafter,
21the economic development authority department of workforce
22development shall divide equally among the community colleges
23thirty percent of the program job credits available for that
24fiscal year for allocation to each community college to be used
25to provide funding for approved programs. If any portion of
26the allocation to a community college under this subsection
27has not been committed by April 1 of the fiscal year for which
28the allocation is made, the uncommitted portion is available
29for use by other community colleges. Once a community college
30has committed its allocation for any fiscal year under this
31subsection, the community college may receive additional
32program job credit allocations from those program job credits
33authorized and still available for that fiscal year.
34 Sec. 2267. Section 260G.4C, Code 2023, is amended to read
35as follows:
-1279- 1260G.4C Facilitator Administration and reporting.
2The economic development authority department of workforce
3development shall administer the statewide allocations of
4program job credits to accelerated career education programs.
5The authority department of workforce development shall provide
6information about the accelerated career education programs in
7accordance with its annual reporting requirements in section
815.107B to the general assembly annually on or before March 15.
9 Sec. 2268. Section 260G.6, subsection 1, Code 2023, is
10amended to read as follows:
111. An accelerated career education fund is established
12in the state treasury under the control of the department of
13workforce development consisting of moneys appropriated to the
14fund for purposes of funding the cost of accelerated career
15education program capital projects.
16 Sec. 2269. TRANSITION PROVISIONS.
171. On the effective date of this division of this Act,
18all unencumbered and unobligated moneys remaining in the
19accelerated career education fund established in section 260G.6
20shall be under the control of the department of workforce
21development.
222. a. All agreements entered into by a community college
23under section 260G.3 prior to the effective date of this
24division of this Act shall be valid and continue as provided
25in the terms of the agreement.
26b. Job credits shall be honored per an agreement entered
27into under paragraph “a” that includes a provision for program
28job credits.
29OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
30 Sec. 2270. Section 231.23A, subsection 2, Code 2023, is
31amended by striking the subsection.
32 Sec. 2271. Section 231.51, Code 2023, is amended to read as
33follows:
34231.51 Older American community service employment program.
351. The department of workforce development shall direct
-1280-1and administer the older American community service employment
2program as authorized by the federal Act in coordination with
3the department of workforce development Older Americans Act of
41965, 42 U.S.C. §3001 et seq., as amended.
52. The purpose of the program is to foster individual
6economic self-sufficiency and to increase the number of
7participants placed in unsubsidized employment in the public
8and private sectors while maintaining the community service
9focus of the program.
103. Funds appropriated to the department of workforce
11development from the United States department of labor shall
12be distributed to subgrantees in accordance with federal
13requirements.
144. The department of workforce development shall require
15such uniform reporting and financial accounting by subgrantees
16as may be necessary to fulfill the purposes of this section.
175. The older American community service employment program
18shall be coordinated with the federal Workforce Innovation and
19Opportunity Act administered by the department of workforce
20development.
21 Sec. 2272. REPEAL. Section 231.53, Code 2023, is repealed.
22 Sec. 2273. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfer:
25Section 231.51 to section 84A.17.
262. The Code editor shall correct internal references in the
27Code and in any enacted legislation as necessary due to the
28enactment of this section.
29 Sec. 2274. TRANSITION PROVISIONS. On the effective date
30of this division of this Act, all unencumbered and unobligated
31moneys remaining in any account or fund under the control of
32the department on aging and relating to this division of this
33Act shall be transferred to a comparable fund or account under
34the control of the department of workforce development for
35purposes of this division of this Act. Notwithstanding section
-1281-18.33, the moneys transferred in accordance with this subsection
2shall not revert to the account or fund from which the moneys
3are appropriated or transferred.
4VOCATIONAL REHABILITATION
5 Sec. 2275. Section 84A.1, subsection 4, Code 2023, is
6amended to read as follows:
74. The department of workforce development shall include
8the division of labor services, the division of workers’
9compensation, vocational rehabilitation services, and other
10divisions as appropriate.
11 Sec. 2276. Section 256.1, subsection 1, paragraph d, Code
122023, is amended by striking the paragraph.
13 Sec. 2277. Section 256.35A, subsection 2, paragraph b, Code
142023, is amended to read as follows:
15b. In addition, representatives of the department of
16education workforce development, the division of vocational
17rehabilitation of the department of education, the department
18of public health, the department of human services, the Iowa
19developmental disabilities council, the division of insurance
20of the department of commerce, and the state board of regents
21shall serve as ex officio members of the advisory council. Ex
22officio members shall work together in a collaborative manner
23to serve as a resource to the advisory council. The council
24may also form workgroups as necessary to address specific
25issues within the technical purview of individual members.
26 Sec. 2278. Section 259.2, Code 2023, is amended to read as
27follows:
28259.2 Custodian of funds.
291. The treasurer of state is custodian of moneys received
30by the state from appropriations made by the Congress of the
31United States for the vocational rehabilitation of individuals
32with disabilities, and may receive and provide for the proper
33custody of the moneys and make disbursement of them the moneys
34 upon the requisition of the director of the department of
35education workforce development.
-1282- 12. The treasurer of state is appointed custodian of moneys
2paid by the federal government to the state for the purpose of
3carrying out the agreement relative to making determinations
4of disability under Tit.II and Tit.XVI of the federal Social
5Security Act as amended, 42 U.S.C. ch.7, and may receive the
6moneys and make disbursements of them the moneys upon the
7requisition of the director of the department of education
8 workforce development.
9 Sec. 2279. Section 259.3, Code 2023, is amended to read as
10follows:
11259.3 Board and division Division of vocational
12rehabilitation services.
13The division of vocational rehabilitation services
14is established in the department of education workforce
15development. The director of the department of education
16 workforce development shall cooperate with the United States
17secretary of education in carrying out the federal law cited
18in sections 259.1 and 259.2 providing for the vocational
19rehabilitation of individuals with disabilities. The state
20board of education shall adopt rules under chapter 17A for the
21administration of this chapter.
22 Sec. 2280. Section 259.5, Code 2023, is amended to read as
23follows:
24259.5 Report to governor.
25The division of vocational rehabilitation services shall
26report biennially to the governor the condition of vocational
27rehabilitation within the state, designating the educational
28institutions, establishments, plants, factories, and other
29agencies in which training is being given, and include a
30detailed statement of expenditures of the state and federal
31funds in the rehabilitation of individuals with disabilities.
32 Sec. 2281. Section 259.6, Code 2023, is amended to read as
33follows:
34259.6 Gifts and donations.
35The division of vocational rehabilitation services may
-1283-1receive gifts and donations from either public or private
2sources offered unconditionally or under conditions related to
3the vocational rehabilitation of individuals with disabilities
4that are consistent with this chapter.
5 Sec. 2282. Section 259.7, Code 2023, is amended to read as
6follows:
7259.7 Fund.
8All the moneys received as gifts or donations shall be
9deposited in the state treasury and shall constitute a
10permanent fund to be called the special fund for the vocational
11rehabilitation of individuals with disabilities, to be used
12by the director of the department of education workforce
13development in carrying out the provisions of this chapter or
14for related purposes.
15 Sec. 2283. Section 259.8, Code 2023, is amended to read as
16follows:
17259.8 Report of gifts.
18A full report of all gifts and donations offered and
19accepted, together with the names of the donors name of each
20donor and the respective amounts amount contributed by each
21donor, and all disbursements from the special fund for the
22vocational rehabilitation of individuals with disabilities
23 shall be submitted at call or biennially to the governor of the
24state by the division department of workforce development.
25 Sec. 2284. NEW SECTION. 259.10 Rules.
26The department of workforce development shall adopt rules
27under chapter 17A for the administration of this chapter.
28 Sec. 2285. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfers:
31a. Section 259.1 to section 84G.1.
32b. Section 259.2 to section 84G.2.
33c. Section 259.3 to section 84G.3.
34d. Section 259.4 to section 84G.4.
35e. Section 259.5 to section 84G.5.
-1284- 1f. Section 259.6 to section 84G.6.
2g. Section 259.7 to section 84G.7.
3h. Section 259.8 to section 84G.8.
4i. Section 259.9 to section 84G.9.
5j. Section 259.10 to section 84G.10.
62. The Code editor shall correct internal references in the
7Code and in any enacted legislation as necessary due to the
8enactment of this section.
9 Sec. 2286. TRANSITION PROVISION. The agreement between the
10director of the department of education and the commissioner of
11the United States social security administration under section
12259.9 shall remain in full force and effect until amended,
13repealed, or supplemented by the United States social security
14administration or by the department of workforce development.
15APPRENTICESHIP TRAINING PROGRAM
16 Sec. 2287. Section 15.106A, subsection 2, paragraph a, Code
172023, is amended to read as follows:
18a. That through this section and section 15.106B, the
19authority has been granted broad general powers and specific
20program powers over all of the authority’s statutory programs,
21including but not limited to the programs created pursuant to
22chapters 15, 15A, 15B, 15C, 15E, and 15J.
23 Sec. 2288. Section 15B.2, subsection 5, Code 2023, is
24amended by striking the subsection.
25 Sec. 2289. Section 15B.2, Code 2023, is amended by adding
26the following new subsections:
27 NEW SUBSECTION. 6A. “Department” means the department of
28workforce development.
29 NEW SUBSECTION. 9A. “Targeted industries” means the
30industries of advanced manufacturing, biosciences, and
31information technology.
32 Sec. 2290. Section 15B.2, subsection 7, Code 2023, is
33amended to read as follows:
347. “Financial assistance” means assistance provided only
35from the funds, rights, and assets legally available to
-1285-1the authority department and includes but is not limited to
2assistance in the forms of grants, loans, forgivable loans, and
3royalty payments.
4 Sec. 2291. Section 15B.3, subsections 1, 2, 3, and 4, Code
52023, are amended to read as follows:
61. An apprenticeship training program fund is created as a
7revolving fund in the state treasury under the control of the
8authority department.
92. The fund shall consist of moneys appropriated for
10purposes of the apprenticeship training program, and any other
11moneys lawfully available to the authority department for
12purposes of this chapter.
133. Moneys in the fund are appropriated to the authority
14 department for the purposes of this chapter.
154. No more than two percent of the total moneys deposited
16in the fund on July 1 of a fiscal year is appropriated to the
17authority department for the purposes of administering this
18chapter.
19 Sec. 2292. Section 15B.3, subsection 6, Code 2023, is
20amended by striking the subsection.
21 Sec. 2293. Section 15B.4, subsection 1, paragraph a, Code
222023, is amended to read as follows:
23a. An apprenticeship sponsor or lead apprenticeship
24sponsor that conducts an apprenticeship program that is
25registered with the United States department of labor, office
26of apprenticeship, through Iowa, for apprentices who will
27be employed at worksites located in this state may apply to
28the authority department for financial assistance under this
29section if the apprenticeship program includes a minimum of one
30hundred contact hours per apprentice for each training year of
31the apprenticeship program.
32 Sec. 2294. Section 15B.4, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34The authority department shall provide financial assistance
35in the form of training grants to eligible apprenticeship
-1286-1sponsors or lead apprenticeship sponsors in the following
2manner:
3 Sec. 2295. Section 15B.4, subsection 3, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5An apprenticeship sponsor or lead apprenticeship sponsor
6seeking financial assistance under this section shall provide
7the following information to the authority department:
8 Sec. 2296. Section 15B.4, subsection 3, paragraph e, Code
92023, is amended to read as follows:
10e. Any other information the authority department reasonably
11determines is necessary.
12 Sec. 2297. Section 15B.4, subsection 4, Code 2023, is
13amended to read as follows:
144. The apprenticeship sponsor or lead apprenticeship
15sponsor and the authority department shall enter into an
16agreement regarding the provision of any financial assistance
17to the apprenticeship sponsor or lead apprenticeship sponsor.
18 Sec. 2298. NEW SECTION. 15B.5 Rules.
19The department shall adopt rules to administer this chapter.
20 Sec. 2299. 2021 Iowa Acts, chapter 45, section 5, is amended
21to read as follows:
22SEC. 5. APPLICABILITY. This Act applies to financial
23assistance provided by the economic development authority to
24apprenticeship sponsors and lead apprenticeship sponsors that
25apply for financial assistance on or after July 1, 2021, and on
26or before June 30, 2023.
27 Sec. 2300. CODE EDITOR DIRECTIVE.
281. The Code editor is directed to make the following
29transfers:
30a. Section 15B.1 to section 84D.1.
31b. Section 15B.2 to section 84D.2.
32c. Section 15B.3 to section 84D.3.
33d. Section 15B.4 to section 84D.4.
34e. Section 15B.5 to section 84D.5.
352. The Code editor shall correct internal references in the
-1287-1Code and in any enacted legislation as necessary due to the
2enactment of this section.
3 Sec. 2301. TRANSITION PROVISION. All agreements entered
4into by an apprenticeship sponsor or lead apprenticeship
5sponsor and the economic development authority regarding the
6provision of any financial assistance to the apprenticeship
7sponsor or lead apprenticeship sponsor prior to the effective
8date of this division of this Act shall be valid and continue
9as provided in the terms of the agreement.
10FUTURE READY IOWA REGISTERED APPRENTICESHIP DEVELOPMENT PROGRAM
11 Sec. 2302. Section 15C.1, subsection 1, paragraph f, Code
122023, is amended by striking the paragraph and inserting in
13lieu thereof the following:
14f. “Department” means the department of workforce
15development.
16 Sec. 2303. Section 15C.1, subsection 1, paragraphs g and h,
17Code 2023, are amended to read as follows:
18g. “Eligible apprenticeable occupation” means an
19apprenticeable occupation identified by the workforce
20development board or a community college pursuant to section
2184A.1B, subsection 14, as a high-demand job, after consultation
22with the authority.
23h. “Financial assistance” means assistance provided only
24from the funds, rights, and assets legally available to
25the authority department and includes but is not limited
26to assistance in the form of a reimbursement grant to
27support the costs associated with establishing a new
28eligible apprenticeable occupation or an additional eligible
29apprenticeable occupation in an applicant’s apprenticeship
30program.
31 Sec. 2304. Section 15C.1, subsection 2, Code 2023, is
32amended to read as follows:
332. Program created. Subject to an appropriation of funds
34by the general assembly for this purpose, a future ready Iowa
35registered apprenticeship development program is created
-1288-1which shall be administered by the authority department. The
2purpose of the program is to provide financial assistance to
3incentivize small and medium-sized apprenticeship sponsors to
4establish new or additional eligible apprenticeable occupations
5in the apprenticeship sponsor’s apprenticeship program in order
6to support the growth of apprenticeship programs and expand
7high-quality work-based learning experiences in high-demand
8fields and careers for persons who are employed in eligible
9apprenticeable occupations in Iowa.
10 Sec. 2305. Section 15C.1, subsection 3, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12An apprenticeship sponsor may apply to the authority
13 department, on forms provided by the authority department and
14in accordance with the authority’s department’s instructions,
15to receive financial assistance under the program. The
16authority department shall provide upon request and on the
17authority’s department’s internet site information about the
18program, the application, application instructions, and the
19application period established each year for funding available
20under the program. The application shall include a description
21of how the financial assistance awarded under this section
22would be used to establish an apprenticeship program or add new
23or additional apprenticeable occupations to the apprenticeship
24sponsor’s apprenticeship program and the anticipated program
25expenses identified by the applicant.
26 Sec. 2306. Section 15C.1, subsection 3, paragraph a,
27subparagraphs (1) and (2), Code 2023, are amended to read as
28follows:
29(1) Twenty or fewer apprentices are registered in the
30existing apprenticeship program as of December 31 of the
31calendar year prior to the date the authority department
32 receives the apprenticeship sponsor’s application.
33(2) More than seventy percent of the applicant’s
34apprentices shall be are residents of Iowa, and the remainder
35of the applicant’s apprentices shall be are residents of states
-1289-1contiguous to Iowa. In determining the number of apprentices
2in an applicant’s apprenticeship program, the authority
3 department may calculate the average number of apprentices in
4the program within the most recent two-year period.
5 Sec. 2307. Section 15C.1, subsections 4 and 5, Code 2023,
6are amended to read as follows:
74. Rules. The authority department shall adopt rules
8pursuant to chapter 17A establishing a staff review and
9application approval process, application scoring criteria, the
10minimum score necessary for approval of financial assistance,
11procedures for notification of an award of financial
12assistance, the terms of agreement between the apprenticeship
13sponsor and the authority department, and any other rules
14deemed necessary for the implementation and administration of
15this section.
165. Agreement. Prior to distributing financial assistance
17under this section, the authority department shall enter
18into an agreement with the apprenticeship sponsor awarded
19financial assistance in accordance with this section, and the
20financial assistance recipient shall confirm the expenses for
21establishing the program or adding the additional occupations
22as identified in the approved application, and shall meet all
23terms established by the authority department for receipt of
24financial assistance under this section.
25 Sec. 2308. Section 15C.1, subsection 6, paragraph b, Code
262023, is amended to read as follows:
27b. Notwithstanding section 8.33, moneys appropriated to the
28authority department by the general assembly for purposes of
29this section that remain unencumbered or unobligated at the
30end of the fiscal year shall not revert to the general fund
31but shall remain available for expenditure for the purposes
32designated in subsequent fiscal years.
33 Sec. 2309. CODE EDITOR DIRECTIVE.
341. The Code editor is directed to make the following
35transfer:
-1290- 1Section 15C.1 to section 84E.1.
22. The Code editor shall correct internal references in the
3Code and in any enacted legislation as necessary due to the
4enactment of this section, including references to chapter 15C.
5 Sec. 2310. TRANSITION PROVISION. All agreements entered
6into by an apprenticeship sponsor and the economic development
7authority under section 15C.1, subsection 5, prior to the
8effective date of this division of this Act shall be valid and
9continue as provided in the terms of the agreement.
10FUTURE READY IOWA EXPANDED REGISTERED APPRENTICESHIP
11OPPORTUNITIES PROGRAM
12 Sec. 2311. Section 15C.2, subsection 1, paragraph e, Code
132023, is amended by striking the paragraph and inserting in
14lieu thereof the following:
15e. “Department” means the department of workforce
16development.
17 Sec. 2312. Section 15C.2, subsection 1, paragraph h, Code
182023, is amended to read as follows:
19h. “Financial assistance” means assistance provided only
20from the funds, rights, and assets legally available to
21the authority department and includes but is not limited
22to assistance in the form of a reimbursement grant of one
23thousand dollars per apprentice in an eligible apprenticeable
24occupation.
25 Sec. 2313. Section 15C.2, subsection 2, Code 2023, is
26amended to read as follows:
272. Program created. Subject to an appropriation of funds
28by the general assembly for this purpose, a future ready Iowa
29expanded registered apprenticeship opportunities program
30is created which shall be administered by the authority
31 department. The purpose of the program is to provide
32financial assistance to encourage apprenticeship sponsors of
33apprenticeship programs with twenty or fewer apprentices to
34maintain apprenticeship programs in high-demand occupations.
35 Sec. 2314. Section 15C.2, subsection 3, unnumbered
-1291-1paragraph 1, Code 2023, is amended to read as follows:
2An eligible apprenticeship sponsor may apply to the
3authority department, on forms provided by the authority
4 department and in accordance with the authority’s department’s
5 instructions, to receive financial assistance under the
6program. The authority department shall provide upon request
7and on the authority’s department’s internet site information
8about the program, the application, application instructions,
9and the application period established each year for funding
10available under the program.
11 Sec. 2315. Section 15C.2, subsection 3, paragraph a,
12subparagraphs (1) and (2), Code 2023, are amended to read as
13follows:
14(1) Twenty or fewer apprentices are registered in the
15apprenticeship program as of December 31 of the calendar
16year prior to the date the authority department receives the
17eligible apprenticeship sponsor’s application.
18(2) More than seventy percent of the applicant’s
19apprentices are residents of Iowa, and the remainder of the
20applicant’s apprentices are residents of states contiguous
21to Iowa. In determining the number of apprentices in an
22applicant’s apprenticeship program, the authority department
23 may calculate the average number of apprentices in the program
24within the most recent two-year period.
25 Sec. 2316. Section 15C.2, subsections 4 and 5, Code 2023,
26are amended to read as follows:
274. Rules. The authority department shall adopt rules
28pursuant to chapter 17A establishing a staff review and
29application approval process, application scoring criteria, the
30minimum score necessary for approval of financial assistance,
31procedures for notification of an award of financial
32assistance, the terms of agreement between the apprenticeship
33sponsor and the authority department, and any other rules
34deemed necessary for the implementation and administration of
35this section.
-1292- 15. Agreement. Prior to distributing financial assistance
2under this section, the authority department shall enter into
3an agreement with the eligible apprenticeship sponsor awarded
4financial assistance in accordance with this section, and
5the financial assistance recipient shall confirm the number
6of apprentices in eligible apprenticeable occupations as
7identified in the approved application, and shall meet all
8terms established by the authority department for receipt of
9financial assistance under this section.
10 Sec. 2317. Section 15C.2, subsection 7, paragraph b, Code
112023, is amended to read as follows:
12b. Notwithstanding section 8.33, moneys appropriated to the
13authority department by the general assembly for purposes of
14this section that remain unencumbered or unobligated at the
15end of the fiscal year shall not revert to the general fund
16but shall remain available for expenditure for the purposes
17designated in subsequent fiscal years.
18 Sec. 2318. CODE EDITOR DIRECTIVE.
191. The Code editor is directed to make the following
20transfer:
21Section 15C.2 to section 84E.2.
222. The Code editor shall correct internal references in the
23Code and in any enacted legislation as necessary due to the
24enactment of this section, including references to chapter 15C.
25 Sec. 2319. TRANSITION PROVISION. All agreements entered
26into by an apprenticeship sponsor and the economic development
27authority under section 15C.2, subsection 5, regarding the
28provision of any financial assistance to the apprenticeship
29sponsor prior to the effective date of this division of this
30Act shall be valid and continue as provided in the terms of the
31agreement.
32EMPLOYMENT AGENCIES
33 Sec. 2320. Section 94A.1, subsection 2, Code 2023, is
34amended to read as follows:
352. “Commissioner” “Director” means the labor commissioner,
-1293-1appointed pursuant to section 91.2, director of the department
2of workforce development or the labor commissioner’s director’s
3 designee.
4 Sec. 2321. Section 94A.2, Code 2023, is amended to read as
5follows:
694A.2 Licensing.
71. An employment agency shall obtain a license from the
8commissioner director prior to transacting any business.
9Licenses expire on June 30 of each year.
102. A license application shall be in the form prescribed by
11the commissioner director and shall be accompanied by all of
12the following:
13a. A surety company bond in the sum of thirty thousand
14dollars, to be approved by the commissioner director and
15conditioned to pay any damages that may accrue to any person
16due to a wrongful act or violation of law on the part of the
17applicant in the conduct of business.
18b. The schedule of fees to be charged by the employment
19agency.
20c. All contract forms to be signed by an employee.
21d. An application fee of seventy-five dollars.
223. The commissioner director shall grant or deny a license
23within thirty days from the filing date of a completed
24application.
254. The commissioner director may revoke, suspend, or annul a
26license in accordance with chapter 17A upon good cause pursuant
27to rules adopted by the director.
28 Sec. 2322. Section 94A.4, subsection 4, paragraph d, Code
292023, is amended to read as follows:
30d. Charge an employee any fee greater than the fee schedule
31on file with the commissioner director without prior consent
32of the commissioner director.
33 Sec. 2323. Section 94A.5, Code 2023, is amended to read as
34follows:
3594A.5 Powers and duties of the commissioner director.
-1294- 11. At any time, the commissioner The director may examine
2the records, books, and any papers relating to the conduct and
3operation of an employment agency at any time.
42. The commissioner shall adopt rules pursuant to chapter
517A to administer this chapter.
6 Sec. 2324. Section 94A.6, Code 2023, is amended to read as
7follows:
894A.6 Violations.
91. A person who violates a provision of this chapter or who
10refuses the commissioner director access to records, books, and
11papers pursuant to an examination under section 94A.5 shall be
12guilty of a simple misdemeanor.
132. If a person violates a provision of this chapter or
14refuses the commissioner director access to records, books,
15and papers pursuant to an examination under section 94A.5, the
16commissioner director shall assess a civil penalty against the
17person in an amount not greater than two thousand dollars.
18 Sec. 2325. NEW SECTION. 94A.7 Rules.
191. The director shall adopt rules pursuant to chapter 17A to
20administer this chapter.
212. The director may establish rules pursuant to chapter
2217A to assess and collect interest on fees and penalties owed
23to the department of workforce development. The director may
24delay or, following written notice, deny the issuance of a
25license, if the applicant for the license owes a debt to the
26department of workforce development.
27 Sec. 2326. CODE EDITOR DIRECTIVE.
281. The Code editor is directed to make the following
29transfers:
30a. Section 94A.1 to section 84H.1.
31b. Section 94A.2 to section 84H.2.
32c. Section 94A.3 to section 84H.3.
33d. Section 94A.4 to section 84H.4.
34e. Section 94A.5 to section 84H.5.
35f. Section 94A.6 to section 84H.6.
-1295- 1g. Section 94A.7 to section 84H.7.
22. The Code editor shall correct internal references in the
3Code and in any enacted legislation as necessary due to the
4enactment of this section.
5REPORTS AND RECORDS
6 Sec. 2327. Section 91.12, Code 2023, is amended to read as
7follows:
891.12 Reports and records to division of labor services.
91. An owner, operator, or manager of every factory,
10mill, workshop, mine, store, railway, business house, public
11or private work, or any other establishment where labor is
12employed, shall submit to the division of labor services
13 department of workforce development reports in the form
14and manner prescribed by the commissioner director of the
15department of workforce development by rule, for the purpose of
16compiling labor statistics. The owner, operator, or business
17manager shall submit the reports within sixty days from receipt
18of notice, and shall certify under oath the accuracy of the
19reports. For purposes of this section, “factory”, “mill”,
20“workshop”, “mine”, “store”, “railway”, “business house”, and
21“public or private work” shall mean any factory, mill, workshop,
22mine, store, railway, business house, or public or private work
23where wage earners are employed for compensation.
242. Notwithstanding chapter 22, records containing submitted
25under subsection 1 that contain identifiable financial
26institution or credit card account numbers obtained by the
27commissioner shall be kept confidential.
283. a. Any officer or employee of the department of
29workforce development who makes unlawful use of a report
30submitted under subsection 1 shall be guilty of a serious
31misdemeanor.
32b. Any person who has access to a report submitted under
33subsection 1 who makes unlawful use of the report shall be
34guilty of a serious misdemeanor.
35c. Any owner, operator, or manager of a factory, mill,
-1296-1workshop, mine, store, railway, business house, or public or
2private work who fails to submit the report required under
3subsection 1 shall be guilty of a simple misdemeanor.
44. The director of the department of workforce development
5shall adopt rules pursuant to chapter 17A to administer this
6section.
7 Sec. 2328. CODE EDITOR DIRECTIVE.
81. The Code editor is directed to make the following
9transfer:
10Section 91.12 to section 84A.18.
112. The Code editor shall correct internal references in the
12Code and in any enacted legislation as necessary due to the
13enactment of this section.
14ADULT EDUCATION
15 Sec. 2329. NEW SECTION. 84A.19 Adult education and literacy
16programs.
171. For purposes of this section, unless the context
18otherwise requires:
19a. “Adult education and literacy programs” means adult basic
20education, adult education leading to a high school equivalency
21diploma under chapter 259A, English as a second language
22instruction, and workplace and family literacy instruction.
23b. “Community colleges” means the same as defined in section
24260C.2.
252. The department of workforce development and community
26colleges shall jointly implement adult education and literacy
27programs to assist adults and youths sixteen years of age and
28older who are not in school in obtaining the knowledge and
29skills necessary for further education, work, and community
30involvement.
313. The department of workforce development, in consultation
32with community colleges, shall prescribe standards for adult
33education and literacy programs including but not limited
34to contextualized and integrated instruction, assessments,
35instructor qualification and professional development, data
-1297-1collection and reporting, and performance benchmarks.
24. The department of workforce development, in consultation
3with community colleges, shall adopt rules pursuant to chapter
417A to administer this section.
5 Sec. 2330. Section 260C.50, Code 2023, is amended to read
6as follows:
7260C.50 Adult education and literacy programs.
81. For purposes of this section, “adult education and
9literacy programs” means adult basic education, adult education
10leading to a high school equivalency diploma under chapter
11259A, English as a second language instruction, workplace and
12family literacy instruction, or integrated basic education and
13technical skills instruction.
142. The department and the community colleges shall jointly
15implement adult education and literacy programs to assist
16adults and youths sixteen years of age and older who are not
17in school in obtaining the knowledge and skills necessary for
18further education, work, and community involvement.
193. The state board, in consultation with the community
20colleges, shall prescribe standards for adult education and
21literacy programs including but not limited to contextualized
22and integrated instruction, assessments, instructor
23qualification and professional development, data collection and
24reporting, and performance benchmarks.
254. The state board, in consultation with the community
26colleges, shall adopt rules pursuant to chapter 17A to
27administer this section.
28DIVISION XII
29DEPARTMENT OF REVENUE
30IOWA LOTTERY
31 Sec. 2331. Section 7E.6, subsection 3, Code 2023, is amended
32to read as follows:
333. Any position of membership on the board of the Iowa
34lottery authority board created in section 99G.8 shall receive
35compensation of fifty dollars per day and expenses.
-1298-1 Sec. 2332. Section 68B.35, subsection 2, paragraph e, Code
22023, is amended to read as follows:
3e. Members of the state banking council, the Iowa ethics
4and campaign disclosure board, the credit union review board,
5the economic development authority, the employment appeal
6board, the environmental protection commission, the health
7facilities council, the Iowa finance authority, the Iowa public
8employees’ retirement system investment board, the board of
9the Iowa lottery authority board created in section 99G.8, the
10natural resource commission, the board of parole, the petroleum
11underground storage tank fund board, the public employment
12relations board, the state racing and gaming commission, the
13state board of regents, the transportation commission, the
14office of consumer advocate, the utilities board, the Iowa
15telecommunications and technology commission, and any full-time
16members of other boards and commissions as defined under
17section 7E.4 who receive an annual salary for their service
18on the board or commission. The Iowa ethics and campaign
19disclosure board shall conduct an annual review to determine
20if members of any other board, commission, or authority should
21file a statement and shall require the filing of a statement
22pursuant to rules adopted pursuant to chapter 17A.
23 Sec. 2333. Section 99B.1, subsection 22, Code 2023, is
24amended to read as follows:
2522. “Merchandise” means goods or services that are bought
26and sold in the regular course of business. “Merchandise”
27includes lottery tickets or shares sold or authorized under
28chapter 99G. The value of the lottery ticket or share is the
29price of the lottery ticket or share as established by the Iowa
30lottery authority department of revenue pursuant to chapter
3199G. “Merchandise” includes a gift card if the gift card is not
32redeemable for cash.
33 Sec. 2334. Section 99G.1, Code 2023, is amended to read as
34follows:
3599G.1 Title.
-1299- 1This chapter may be cited as the “Iowa Lottery Authority
2 Act”.
3 Sec. 2335. Section 99G.2, subsection 2, Code 2023, is
4amended by striking the subsection.
5 Sec. 2336. Section 99G.3, subsections 2 and 4, Code 2023,
6are amended by striking the subsections.
7 Sec. 2337. Section 99G.3, Code 2023, is amended by adding
8the following new subsections:
9 NEW SUBSECTION. 4A. “Department” means the department of
10revenue.
11 NEW SUBSECTION. 4B. “Director” means the director of the
12department of revenue or the director’s designee.
13 Sec. 2338. Section 99G.3, subsections 3, 7, 14, and 18, Code
142023, are amended to read as follows:
153. “Board” means the board of directors of the authority
16 Iowa lottery created in section 99G.8.
177. “Lottery”, “lotteries”, “lottery game”, “lottery games”,
18or “lottery products” means any game of chance approved by the
19board and operated pursuant to this chapter and games using
20mechanical or electronic devices, provided that the authority
21 department shall not authorize a monitor vending machine or
22a player-activated gaming machine that utilizes an internal
23randomizer to determine winning and nonwinning plays and that
24upon random internal selection of a winning play dispenses
25coins, currency, or a ticket, credit, or token to the player
26that is redeemable for cash or a prize, and excluding gambling
27or gaming conducted pursuant to chapter 99B, 99D, or 99F.
2814. “Retailer” means a person who sells lottery tickets
29or shares on behalf of the authority department pursuant to a
30license issued by the authority department.
3118. “Vendor” means a person who provides or proposes to
32provide goods or services to the authority department pursuant
33to a major procurement contract, but does not include an
34employee of the authority department under this chapter, a
35retailer, or a state agency or instrumentality thereof.
-1300-1 Sec. 2339. Section 99G.4, Code 2023, is amended to read as
2follows:
399G.4 Iowa lottery authority created.
41. An Iowa lottery authority is created, effective
5September 1, 2003, which shall administer the state lottery
6 be administered by the department. The authority shall be
7deemed to be a public authority and an instrumentality of the
8state, and not a state agency. However, the authority shall be
9considered a state agency for purposes of chapters 17A, 21, 22,
1028E, 68B, 91B, 97B, 509A, and 669.
112. The income and property of the authority department under
12this chapter shall be exempt from all state and local taxes,
13and the sale of lottery tickets and shares issued and sold by
14the authority department and its retail licensees shall be
15exempt from all state and local sales taxes.
16 Sec. 2340. Section 99G.5, Code 2023, is amended by striking
17the section and inserting in lieu thereof the following:
1899G.5 Lottery administrator.
191. An administrator of the lottery under this chapter shall
20be appointed by the governor subject to confirmation by the
21senate and shall serve at the pleasure of the governor. The
22administrator shall be qualified by training and experience to
23manage a lottery.
242. The salary of the lottery administrator shall be set by
25the governor within the applicable salary range established by
26the general assembly.
273. The lottery administrator shall be an employee of the
28department and shall direct the day-to-day operations and
29management of the lottery under this chapter as specified by
30the director and department.
31 Sec. 2341. Section 99G.6, Code 2023, is amended to read as
32follows:
3399G.6 Power to administer oaths and take testimony —
34subpoena.
35The chief executive officer director or the chief executive
-1301-1officer’s director’s designee if authorized to conduct an
2inquiry, investigation, or hearing under this chapter may
3administer oaths and take testimony under oath relative
4to the matter of inquiry, investigation, or hearing. At a
5hearing ordered by the chief executive officer director, the
6chief executive officer director or the designee may subpoena
7witnesses and require the production of records, paper, or
8documents pertinent to the hearing.
9 Sec. 2342. Section 99G.7, subsection 1, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11The chief executive officer of the authority director
12 shall direct and supervise all administrative and technical
13activities in accordance with the provisions of this chapter
14and with the administrative rules, policies, and procedures
15adopted by the board department. The chief executive officer
16 director shall do all of the following:
17 Sec. 2343. Section 99G.7, subsection 1, paragraphs b, d, e,
18f, g, and i, Code 2023, are amended to read as follows:
19b. Employ an executive vice president, who shall act as
20chief executive officer in the absence of the chief executive
21officer, and employ and direct other such personnel as deemed
22necessary.
23d. Promote or provide for promotion of the lottery and
24any functions related to the authority department under this
25chapter.
26e. Prepare a budget for the approval of the board activities
27of the department under this chapter.
28f. Require bond from such retailers and vendors in such
29amounts as required by the board department.
30g. Report semiannually to the general assembly’s standing
31committees on government oversight regarding the operations of
32the authority department under this chapter.
33i. Perform other duties generally associated with a chief
34executive officer of an authority of an entrepreneurial nature
35 as necessary to administer this chapter.
-1302-1 Sec. 2344. Section 99G.7, subsections 2, 3, and 4, Code
22023, are amended to read as follows:
32. The chief executive officer director shall conduct an
4ongoing study of the operation and administration of lottery
5laws similar to this chapter in other states or countries,
6of available literature on the subject, of federal laws and
7regulations which may affect the operation of the lottery
8and of the reaction of citizens of this state to existing
9or proposed features of lottery games with a view toward
10implementing improvements that will tend to serve the purposes
11of this chapter.
123. The chief executive officer director may for good cause
13suspend, revoke, or refuse to renew any contract entered into
14in accordance with the provisions of this chapter or the
15administrative rules, policies, and procedures of the board.
164. The chief executive officer or the chief executive
17officer’s designee director may conduct hearings and administer
18oaths to persons for the purpose of assuring the security
19or integrity of lottery operations or to determine the
20qualifications of or compliance by vendors and retailers.
21 Sec. 2345. Section 99G.8, subsections 1, 4, 6, and 13, Code
222023, are amended to read as follows:
231. The authority shall be administered by a A board of
24directors comprised of five members appointed by the governor
25subject to confirmation by the senate is created within
26the department. Board members appointed when the senate is
27not in session shall serve only until the end of the next
28regular session of the general assembly, unless confirmed
29by the senate. The board shall provide the director with
30private-sector perspectives of a large marketing enterprise.
314. No officer or employee of the authority department under
32this chapter shall be a member of the board.
336. A majority of members in office shall constitute a quorum
34for the transaction of any business and for the exercise of any
35power or function of the authority board.
-1303- 113. Board members shall not have any direct or indirect
2interest in an undertaking that puts their personal interest
3in conflict with that of the authority department under this
4chapter including but not limited to an interest in a major
5procurement contract or a participating retailer.
6 Sec. 2346. Section 99G.8, subsection 15, Code 2023, is
7amended by striking the subsection and inserting in lieu
8thereof the following:
915. The board shall adopt game-specific rules. The
10promulgation of game-specific rules shall not be subject to
11the requirements of chapter 17A. However, game-specific rules
12shall be made available to the public prior to the time the
13games go on sale and shall be kept on file at the office of the
14department.
15 Sec. 2347. Section 99G.9, Code 2023, is amended by striking
16the section and inserting in lieu thereof the following:
1799G.9 Department duties — rules.
181. The department, in consultation with the board, shall
19adopt policies and procedures and promulgate administrative
20rules pursuant to chapter 17A relating to the management and
21operation of the department under this chapter.
222. Administrative rules promulgated pursuant to this
23section may include but shall not be limited to the following:
24a. The type of games to be conducted.
25b. The sale price of tickets or shares and the manner
26of sale, including but not limited to authorization of sale
27of tickets or shares at a discount for marketing purposes;
28provided, however, that a retailer may accept payment by cash,
29check, money order, debit card, or electronic funds transfer
30and shall not extend or arrange credit for the purchase of a
31ticket or share. As used in this section, “cash” means United
32States currency.
33c. The number and amount of prizes, including but not
34limited to prizes of free tickets or shares in lottery games
35conducted by the department and merchandise prizes. The
-1304-1department shall maintain and make available for public
2inspection at its offices during regular business hours a
3detailed listing of the estimated number of prizes of each
4particular denomination that are expected to be awarded in
5any game that is on sale or the estimated odds of winning the
6prizes and, after the end of the claim period, shall maintain
7and make available a listing of the total number of tickets
8or shares sold in a game and the number of prizes of each
9denomination that were awarded.
10d. The method and location of selecting or validating
11winning tickets or shares.
12e. The manner and time of payment of prizes, which may
13include lump-sum payments or installments over a period of
14years.
15f. The manner of payment of prizes to the holders of winning
16tickets or shares after performing validation procedures
17appropriate to the game and as specified by the board.
18g. The frequency of games and drawings or selection of
19winning tickets or shares.
20h. The means of conducting drawings, provided that drawings
21shall be open to the public and witnessed by an independent
22certified public accountant. Equipment used to select winning
23tickets or shares or participants for prizes shall be examined
24by an independent certified public accountant prior to and
25after each drawing.
26i. The manner and amount of compensation to lottery
27retailers.
28j. Any and all other matters necessary, desirable, or
29convenient toward ensuring the efficient and effective
30operation of lottery games, the continued entertainment and
31convenience of the public, and the integrity of the lottery.
323. The department shall perform such other functions as
33specified by this chapter.
34 Sec. 2348. Section 99G.10, Code 2023, is amended by striking
35the section and inserting in lieu thereof the following:
-1305- 199G.10 Lottery personnel.
21. The director shall have the sole power to designate
3particular employees as key personnel, but may take advice
4from the department of administrative services in making any
5such designations. All key personnel shall be exempt from
6the merit system described in chapter 8A, subchapter IV. The
7director shall have the sole power to employ, classify, and fix
8the compensation of key personnel. All other employees shall
9be employed, classified, and compensated in accordance with
10chapter 8A, subchapter IV, and chapter 20.
112. An employee of the department under this chapter shall
12not have a financial interest in any vendor doing business
13or proposing to do business with the department under this
14chapter. However, an employee may own shares of a mutual fund
15which may hold shares of a vendor corporation provided the
16employee does not have the ability to influence the investment
17functions of the mutual fund.
183. An employee of the department with decision-making
19authority under this chapter shall not participate in any
20decision involving a retailer with whom the employee has a
21financial interest.
224. A background investigation shall be conducted by
23the department of public safety, division of criminal
24investigation, on each applicant who has reached the final
25selection process prior to employment by the department under
26this chapter. For positions not designated as sensitive by the
27department, the investigation may consist of a state criminal
28history background check, work history, and financial review.
29The department shall identify those sensitive positions of the
30department under this chapter which require full background
31investigations, which positions shall include, at a minimum,
32any officer of the department under this chapter, and any
33employee with operational management responsibilities, security
34duties, or system maintenance or programming responsibilities
35related to the department’s data processing or network
-1306-1hardware, software, communication, or related systems under
2this chapter. In addition to a work history and financial
3review, a full background investigation may include a
4national criminal history check through the federal bureau of
5investigation. The screening of employees through the federal
6bureau of investigation shall be conducted by submission of
7fingerprints through the state criminal history repository to
8the federal bureau of investigation. The results of background
9investigations conducted pursuant to this section shall not be
10considered public records under chapter 22.
115. A person who has been convicted of a felony or bookmaking
12or other form of illegal gambling or of a crime involving moral
13turpitude shall not be employed by the department under this
14chapter.
156. The department shall bond employees with access to
16authority funds or lottery revenue under this chapter in such
17an amount as provided by the department and may bond other
18employees under this chapter as deemed necessary.
19 Sec. 2349. Section 99G.11, subsections 1, 2, and 3, Code
202023, are amended to read as follows:
211. A member of the board, any officer, or other employee of
22the authority department under this chapter shall not directly
23or indirectly, individually, as a member of a partnership or
24other association, or as a shareholder, director, or officer
25of a corporation have an interest in a business that contracts
26for the operation or marketing of the lottery as authorized by
27this chapter, unless the business is controlled or operated by
28a consortium of lotteries in which the authority department has
29an interest.
302. Notwithstanding the provisions of chapter 68B, a person
31contracting or seeking to contract with the state to supply
32gaming equipment or materials for use in the operation of the
33lottery, an applicant for a license to sell tickets or shares
34in the lottery, or a retailer shall not offer a member of
35the board, any officer, or other employee of the authority
-1307-1 department under this chapter, or a member of their immediate
2family a gift, gratuity, or other thing having a value of
3more than the limits established in chapter 68B, other than
4food and beverage consumed at a meal. For purposes of this
5subsection, “member of their immediate family” means a spouse,
6child, stepchild, brother, brother-in-law, stepbrother,
7sister, sister-in-law, stepsister, parent, parent-in-law, or
8step-parent of the board member, the officer, or other employee
9who resides in the same household in the same principal
10residence of the board member, officer, or other employee.
113. If a board member, officer, or other employee of the
12authority department under this chapter violates a provision of
13this section, the board member, officer, or employee shall be
14immediately removed from the office or position.
15 Sec. 2350. Section 99G.12, subsection 2, paragraphs a and b,
16Code 2023, are amended to read as follows:
17a. The self-service kiosk shall be owned or leased by the
18authority department.
19b. The self-service kiosk shall only be located in a retail
20location licensed by the authority department pursuant to this
21chapter. The authority department shall determine, in its sole
22discretion, the placement of the self-service kiosk.
23 Sec. 2351. Section 99G.21, subsections 1, 3, 4, and 5, Code
242023, are amended to read as follows:
251. Funds of the state shall not be used or obligated to pay
26the expenses or prizes of the authority department under this
27chapter.
283. Notwithstanding any other provision of law, any
29purchase of real property and any borrowing of more than one
30million dollars by the authority department for purposes of
31this chapter shall require written notice from the authority
32 department to the general assembly’s standing committees on
33government oversight and the prior approval of the executive
34council.
354. The powers enumerated in this section are cumulative of
-1308-1and in addition to those powers enumerated elsewhere in this
2chapter and no such powers limit or restrict any other powers
3of the authority department under this chapter.
45. Departments, boards, commissions, or other agencies of
5this state shall provide reasonable assistance and services to
6the authority department for purposes of this chapter upon the
7request of the chief executive officer director.
8 Sec. 2352. Section 99G.21, subsection 2, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10The authority department shall have any and all powers
11necessary or convenient to carry out and effectuate the
12purposes and provisions of this chapter which are not in
13conflict with the Constitution of the State of Iowa, including,
14but without limiting the generality of the foregoing, the
15following powers:
16 Sec. 2353. Section 99G.21, subsection 2, paragraphs f, l, p,
17and q, Code 2023, are amended to read as follows:
18f. To enter into written agreements with one or more other
19states or territories of the United States, or one or more
20political subdivisions of another state or territory of the
21United States, or any entity lawfully operating a lottery
22outside the United States for the operation, marketing, and
23promotion of a joint lottery or joint lottery game. For
24the purposes of this subsection, any lottery with which the
25authority reaches an agreement or compact shall meet the
26criteria for security, integrity, and finance set by the board
27 department.
28l. To enter into contracts of any and all types on such
29terms and conditions as the authority department may determine
30necessary.
31p. Notwithstanding any other provision of law to the
32contrary, to purchase meals for attendees at authority business
33meetings of the department pursuant to this chapter.
34q. To exercise all powers generally exercised by private
35businesses engaged in entrepreneurial pursuits necessary to
-1309-1administer this chapter, unless the exercise of such a power
2would violate the terms of this chapter or of the Constitution
3of this state.
4 Sec. 2354. Section 99G.22, subsections 1, 3, 5, and 6, Code
52023, are amended to read as follows:
61. The authority department shall investigate the financial
7responsibility, security, and integrity of any lottery system
8vendor who is a finalist in submitting a bid, proposal, or
9offer as part of a major procurement contract. Before a major
10procurement contract is awarded, the division of criminal
11investigation of the department of public safety shall
12conduct a background investigation of the vendor to whom the
13contract is to be awarded. The chief executive officer and
14board director shall consult with the division of criminal
15investigation and shall provide for the scope of the background
16investigation and due diligence to be conducted in connection
17with major procurement contracts. At the time of submitting
18a bid, proposal, or offer to the authority department on a
19major procurement contract, the authority department shall
20require that each vendor submit to the division of criminal
21investigation appropriate investigation authorization to
22facilitate this investigation, together with an advance
23of funds to meet the anticipated investigation costs. If
24the division of criminal investigation determines that
25additional funds are required to complete an investigation,
26the vendor will be so advised. The background investigation
27by the division of criminal investigation may include a
28national criminal history check through the federal bureau of
29investigation. The screening of vendors or their employees
30through the federal bureau of investigation shall be conducted
31by submission of fingerprints through the state criminal
32history repository to the federal bureau of investigation.
333. A major procurement contract shall not be entered into
34with any lottery system vendor who has not complied with the
35disclosure requirements described in this section, and any
-1310-1contract with such a vendor is voidable at the option of the
2authority department. Any contract with a vendor that does
3not comply with the requirements for periodically updating
4such disclosures during the tenure of the contract as may be
5specified in such contract may be terminated by the authority
6 department. The provisions of this section shall be construed
7broadly and liberally to achieve the ends of full disclosure
8of all information necessary to allow for a full and complete
9evaluation by the authority department of the competence,
10integrity, background, and character of vendors for major
11procurements.
125. A major procurement contract shall not be entered into
13with any vendor if such vendor has an ownership interest in an
14entity that had supplied consultation services under contract
15to the authority department under this chapter regarding the
16request for proposals pertaining to those particular goods or
17services.
186. If, based on the results of a background investigation,
19the board department determines that the best interests of
20the authority department, including but not limited to the
21authority’s department’s reputation for integrity, would be
22served thereby, the board department may disqualify a potential
23vendor from contracting with the authority department for a
24major procurement contract or from acting as a subcontractor in
25connection with a contract for a major procurement contract.
26 Sec. 2355. Section 99G.23, Code 2023, is amended to read as
27follows:
2899G.23 Vendor bonding, tax filing, and competitive bidding.
291. The authority department may purchase, lease, or
30lease-purchase such goods or services as are necessary for
31effectuating the purposes of this chapter. The authority
32 department may make procurements that integrate functions
33such as lottery game design, lottery ticket distribution to
34retailers, supply of goods and services, and advertising. In
35all procurement decisions under this chapter, the authority
-1311-1 department shall take into account the particularly sensitive
2nature of the lottery and shall act to promote and ensure
3security, honesty, fairness, and integrity in the operation and
4administration of the lottery and the objectives of raising net
5proceeds for state programs.
62. Each vendor shall, at the execution of the contract
7with the authority department pursuant to this chapter, post
8a performance bond or letter of credit from a bank or credit
9provider acceptable to the authority department in an amount
10as deemed necessary by the authority department for that
11particular bid or contract.
123. Each vendor shall be qualified to do business in this
13state and shall file appropriate tax returns as provided by the
14laws of this state.
154. All major procurement contracts must be competitively
16bid pursuant to policies and procedures approved by the board
17 department unless there is only one qualified vendor and that
18vendor has an exclusive right to offer the service or product.
19 Sec. 2356. Section 99G.24, Code 2023, is amended to read as
20follows:
2199G.24 Retailer compensation — licensing.
221. The general assembly recognizes that to conduct a
23successful lottery, the authority department must develop and
24maintain a statewide network of lottery retailers that will
25serve the public convenience and promote the sale of tickets
26or shares and the playing of lottery games while ensuring the
27integrity of the lottery operations, games, and activities.
282. The board department shall determine the compensation
29to be paid to licensed retailers. Compensation may include
30provision for variable payments based on sales volume or
31incentive considerations.
323. The authority department shall issue a license
33certificate to each person with whom it contracts as a retailer
34for purposes of display as provided in this section. Every
35lottery retailer shall post its license certificate, or a
-1312-1facsimile thereof, and keep it conspicuously displayed in a
2location on the premises accessible to the public. No license
3shall be assignable or transferable. Once issued, a license
4shall remain in effect until canceled, suspended, or terminated
5by the authority department.
64. A licensee under this section shall cooperate with the
7authority department by using point-of-purchase materials,
8posters, and other marketing material when requested to do so
9by the authority department. Lack of cooperation is sufficient
10cause for revocation of a retailer’s license.
115. The board department shall develop a list of objective
12criteria upon which the qualification of lottery retailers
13shall be based. Separate criteria shall be developed to govern
14the selection of retailers of instant tickets and on-line
15retailers. In developing these criteria, the board department
16 shall consider such factors as the applicant’s financial
17responsibility, security of the applicant’s place of business
18or activity, accessibility to the public, integrity, and
19reputation. The criteria shall include but not be limited to
20the volume of expected sales and the sufficiency of existing
21licensees to serve the public convenience.
226. The applicant shall be current in filing all applicable
23tax returns to the state of Iowa and in payment of all taxes,
24interest, and penalties owed to the state of Iowa, excluding
25items under formal appeal pursuant to applicable statutes. The
26department of revenue is authorized and directed to provide
27this information to the authority those employees of the
28department performing duties pursuant to this chapter and
29designated to receive this information.
307. A person, partnership, unincorporated association,
31authority, or other business entity shall not be selected as
32a lottery retailer if the person or entity meets any of the
33following conditions:
34a. Has been convicted of a criminal offense related to
35the security or integrity of the lottery in this or any other
-1313-1jurisdiction.
2b. Has been convicted of any illegal gambling activity,
3false statements, perjury, fraud, or a felony in this or any
4other jurisdiction.
5c. Has been found to have violated the provisions of
6this chapter or any regulation, policy, or procedure of the
7authority or of the lottery division department for purposes
8of this chapter unless either ten years have passed since the
9violation or the board department finds the violation both
10minor and unintentional in nature.
11d. Is a vendor or any employee or agent of any vendor doing
12business with the authority department under this chapter.
13e. Resides in the same household as an officer of the
14authority department under this chapter.
15f. Is less than eighteen years of age.
16g. Does not demonstrate financial responsibility sufficient
17to adequately meet the requirements of the proposed enterprise.
18h. Has not demonstrated that the applicant is the true
19owner of the business proposed to be licensed and that all
20persons holding at least a ten percent ownership interest in
21the applicant’s business have been disclosed.
22i. Has knowingly made a false statement of material fact to
23the authority department.
248. Persons applying to become lottery retailers may be
25charged a uniform application fee for each lottery outlet.
269. Any lottery retailer contract executed pursuant to
27this section may, for good cause, be suspended, revoked, or
28terminated by the chief executive officer director or the
29chief executive officer’s director’s designee if the retailer
30is found to have violated any provision of this chapter or
31objective criteria established by the board department. Cause
32for suspension, revocation, or termination may include, but is
33not limited to, sale of tickets or shares to a person under the
34age of twenty-one and failure to pay for lottery products in a
35timely manner.
-1314-1 Sec. 2357. Section 99G.25, Code 2023, is amended to read as
2follows:
399G.25 License not assignable.
4Any lottery retailer license certificate or contract shall
5not be transferable or assignable. The authority department
6 may issue a temporary license when deemed in the best interests
7of the state. A lottery retailer shall not contract with any
8person for lottery goods or services, except with the approval
9of the board department.
10 Sec. 2358. Section 99G.26, Code 2023, is amended to read as
11follows:
1299G.26 Retailer bonding.
13The authority department may require any retailer to post an
14appropriate bond, as determined by the authority department,
15using a cash bond or an insurance company acceptable to the
16authority department.
17 Sec. 2359. Section 99G.27, Code 2023, is amended to read as
18follows:
1999G.27 Lottery retail licenses — cancellation, suspension,
20revocation, or termination.
211. A lottery retail license issued by the authority
22 department pursuant to this chapter may be canceled, suspended,
23revoked, or terminated by the authority department for reasons
24including, but not limited to, any of the following:
25a. A violation of this chapter, a regulation, or a policy or
26procedure of the authority department under this chapter.
27b. Failure to accurately or timely account or pay for
28lottery products, lottery games, revenues, or prizes as
29required by the authority department.
30c. Commission of any fraud, deceit, or misrepresentation.
31d. Insufficient sales.
32e. Conduct prejudicial to public confidence in the lottery.
33f. The retailer filing for or being placed in bankruptcy or
34receivership.
35g. Any material change as determined in the sole discretion
-1315-1of the authority department in any matter considered by
2the authority department in executing the contract with the
3retailer.
4h. Failure to meet any of the objective criteria established
5by the authority department pursuant to this chapter.
6i. Other conduct likely to result in injury to the property,
7revenue, or reputation of the authority department under this
8chapter.
92. A lottery retailer license may be temporarily suspended
10by the authority department without prior notice if the
11chief executive officer director or designee determines that
12further sales by the licensed retailer are likely to result in
13immediate injury to the property, revenue, or reputation of the
14authority department.
153. The board department shall adopt administrative rules
16governing appeals of lottery retailer licensing disputes.
17 Sec. 2360. Section 99G.28, Code 2023, is amended to read as
18follows:
1999G.28 Proceeds held in trust.
20All proceeds from the sale of the lottery tickets or shares
21shall constitute a trust fund until paid to the authority
22 department directly, through electronic funds transfer to the
23authority department, or through the authority’s department’s
24 authorized collection representative. A lottery retailer
25and officers of a lottery retailer’s business shall have a
26fiduciary duty to preserve and account for lottery proceeds and
27lottery retailers shall be personally liable for all proceeds.
28Proceeds shall include unsold products received but not paid
29for by a lottery retailer and cash proceeds of the sale of any
30lottery products net of allowable sales commissions and credit
31for lottery prizes paid to winners by lottery retailers. Sales
32proceeds of pull-tab tickets shall include the sales price
33of the lottery product net of allowable sales commission and
34prizes contained in the product. Sales proceeds and unused
35instant tickets shall be delivered to the authority department
-1316-1 or its authorized collection representative upon demand.
2 Sec. 2361. Section 99G.29, Code 2023, is amended to read as
3follows:
499G.29 Retailer rental calculations — lottery ticket sales
5treatment.
6If a lottery retailer’s rental payments for the business
7premises are contractually computed, in whole or in part, on
8the basis of a percentage of retail sales and such computation
9of retail sales is not explicitly defined to include sales
10of tickets or shares in a state-operated or state-managed
11lottery, only the compensation received by the lottery retailer
12from the authority department may be considered the amount of
13the lottery retail sale for purposes of computing the rental
14payment.
15 Sec. 2362. Section 99G.30, Code 2023, is amended to read as
16follows:
1799G.30 Ticket sales requirements — penalties.
181. Lottery tickets or shares may be distributed by the
19authority department for promotional purposes.
202. A ticket or share shall not be sold at a price other than
21that fixed by the authority department and a sale shall not be
22made other than by a retailer or an employee of the retailer
23who is authorized by the retailer to sell tickets or shares. A
24person who violates a provision of this subsection is guilty
25of a simple misdemeanor.
263. A ticket or share shall not be sold to a person who has
27not reached the age of twenty-one. Any person who knowingly
28sells a lottery ticket or share to a person under the age of
29twenty-one shall be guilty of a simple misdemeanor. It shall
30be an affirmative defense to a charge of a violation under this
31section that the retailer reasonably and in good faith relied
32upon presentation of proof of age in making the sale. A prize
33won by a person who has not reached the age of twenty-one but
34who purchases a winning ticket or share in violation of this
35subsection shall be forfeited. This section does not prohibit
-1317-1the lawful purchase of a ticket or share for the purpose
2of making a gift to a person who has not reached the age of
3twenty-one. The board department shall adopt administrative
4rules governing the payment of prizes to persons who have not
5reached the age of twenty-one.
64. Except for the authority department, a retailer shall
7only sell lottery products on the licensed premises and not
8through the mail or by technological means except as the
9authority department may provide or authorize.
105. The retailer may accept payment by cash, check, money
11order, debit card, or electronic funds transfer. The retailer
12shall not extend or arrange credit for the purchase of a ticket
13or share. As used in this subsection, “cash” means United
14States currency.
156. Nothing in this chapter shall be construed to prohibit
16the authority department from designating certain of its
17agents and employees to sell or give lottery tickets or shares
18directly to the public.
197. No elected official’s name shall be printed on tickets.
20 Sec. 2363. Section 99G.31, subsections 1 and 2, Code 2023,
21are amended to read as follows:
221. The chief executive officer director shall award the
23designated prize to the holder of the ticket or share upon
24presentation of the winning ticket or confirmation of a winning
25share. The prize shall be given to only one person as provided
26in this section; however, a prize shall be divided between
27holders of winning tickets if there is more than one winning
28ticket.
292. The authority department shall only pay prizes for
30lottery tickets or shares that the authority department
31 determines were legally purchased, legally possessed, and
32legally presented.
33 Sec. 2364. Section 99G.31, subsection 3, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35The authority department shall adopt administrative rules,
-1318-1policies, and procedures to establish a system of verifying
2the validity of tickets or shares claimed to win prizes and
3to effect payment of such prizes, subject to the following
4requirements:
5 Sec. 2365. Section 99G.31, subsection 3, paragraphs b, d, f,
6g, h, and i, Code 2023, are amended to read as follows:
7b. A prize shall not be paid arising from claimed tickets
8that are stolen, counterfeit, altered, fraudulent, unissued,
9produced or issued in error, unreadable, not received, or
10not recorded by the authority department within applicable
11deadlines; lacking in captions that conform and agree with the
12play symbols as appropriate to the particular lottery game
13involved; or not in compliance with such additional specific
14administrative rules, policies, and public or confidential
15validation and security tests of the authority department
16 appropriate to the particular lottery game involved.
17d. Unclaimed prize money for the prize on a winning ticket
18or share shall be retained for a period deemed appropriate by
19the chief executive officer, subject to approval by the board
20 director. If a valid claim is not made for the money within the
21applicable period, the unclaimed prize money shall be added to
22the pool from which future prizes are to be awarded or used for
23special prize promotions. Notwithstanding this subsection, the
24disposition of unclaimed prize money from multijurisdictional
25games shall be made in accordance with the rules of the
26multijurisdictional game.
27f. The authority department is discharged of all liability
28upon payment of a prize pursuant to this section.
29g. No ticket or share issued by the authority department
30 shall be purchased by and no prize shall be paid to any member
31of the board of directors; any officer or employee of the
32authority department under this chapter; or to any spouse,
33child, brother, sister, or parent residing as a member of the
34same household in the principal place of residence of any such
35person.
-1319- 1h. No ticket or share issued by the authority department
2 shall be purchased by and no prize shall be paid to any
3officer, employee, agent, or subcontractor of any vendor or
4to any spouse, child, brother, sister, or parent residing
5as a member of the same household in the principal place of
6residence of any such person if such officer, employee, agent,
7or subcontractor has access to confidential information which
8may compromise the integrity of the lottery.
9i. The proceeds of any lottery prize shall be subject to
10state and federal income tax laws. An amount deducted from the
11prize for payment of a state tax, pursuant to section 422.16,
12subsection 1, shall be transferred by the authority to the
13department of revenue on behalf of the prize winner.
14 Sec. 2366. Section 99G.32, Code 2023, is amended to read as
15follows:
1699G.32 Authority Department legal representation — lottery.
17The authority department shall retain the services of legal
18counsel to advise the authority department and the board
19under this chapter and to provide representation in legal
20proceedings. The authority department may retain the attorney
21general or a full-time assistant attorney general in that
22capacity and provide reimbursement for the cost of advising and
23representing the board and the authority department.
24 Sec. 2367. Section 99G.33, Code 2023, is amended to read as
25follows:
2699G.33 Law enforcement investigations.
27The department of public safety, division of criminal
28investigation, shall be the primary state agency responsible
29for investigating criminal violations under this chapter.
30The chief executive officer director shall contract with
31the department of public safety for investigative services,
32including the employment of special agents and support
33personnel, and procurement of necessary equipment to carry out
34the responsibilities of the division of criminal investigation
35under the terms of the contract and this chapter.
-1320-1 Sec. 2368. Section 99G.34, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3The records of the authority department under this chapter
4 shall be governed by the provisions of chapter 22, provided
5that, in addition to records that may be kept confidential
6pursuant to section 22.7, the following records shall be kept
7confidential, unless otherwise ordered by a court, by the
8lawful custodian of the records, or by another person duly
9authorized to release such information:
10 Sec. 2369. Section 99G.34, subsections 1, 4, and 7, Code
112023, are amended to read as follows:
121. Marketing plans, research data, and proprietary
13intellectual property owned or held by the authority department
14for purposes of this chapter under contractual agreements.
154. Security records pertaining to investigations and
16intelligence-sharing information between lottery security
17officers and those of other lotteries and law enforcement
18agencies, the security portions or segments of lottery
19requests for proposals, proposals by vendors to conduct
20lottery operations, and records of the security division of
21the authority department under this chapter pertaining to game
22security data, ticket validation tests, and processes.
237. Security reports and other information concerning bids
24or other contractual data, the disclosure of which would impair
25the efforts of the authority department to contract for goods
26or services on favorable terms under this chapter.
27 Sec. 2370. Section 99G.35, Code 2023, is amended to read as
28follows:
2999G.35 Security.
301. The authority’s department’s chief security officer
31and investigators under this chapter shall be qualified by
32training and experience in law enforcement to perform their
33respective duties in support of the activities of the security
34office. The chief security officer and investigators shall not
35have sworn peace officer status. The lottery security office
-1321-1shall perform all of the following activities in support of the
2authority mission of the department under this chapter:
3a. Supervise ticket or share validation and lottery
4drawings, provided that the authority department may enter
5into cooperative agreements with multijurisdictional lottery
6administrators for shared security services at drawings and
7game show events involving more than one participating lottery.
8b. Inspect at times determined solely by the authority
9 department the facilities of any vendor or lottery retailer in
10order to determine the integrity of the vendor’s product or the
11operations of the retailer in order to determine whether the
12vendor or the retailer is in compliance with its contract.
13c. Report any suspected violations of this chapter to
14the appropriate county attorney or the attorney general and
15to any law enforcement agencies having jurisdiction over the
16violation.
17d. Upon request, provide assistance to any county attorney,
18the attorney general, the department of public safety, or any
19other law enforcement agency.
20e. Upon request, provide assistance to retailers in meeting
21their licensing contract requirements and in detecting retailer
22employee theft.
23f. Monitor authority division operations for compliance with
24internal security requirements.
25g. Provide physical security at the authority’s central
26operations facilities used by the department for purposes of
27this chapter.
28h. Conduct on-press product production surveillance,
29testing, and quality approval for printed scratch and pull-tab
30tickets.
31i. Coordinate employee and retailer background
32investigations conducted by the department of public safety,
33division of criminal investigation.
342. The authority department may enter into
35intelligence-sharing, reciprocal use, or restricted use
-1322-1agreements for purposes of this chapter with the federal
2government, law enforcement agencies, lottery regulation
3agencies, and gaming enforcement agencies of other
4jurisdictions which provide for and regulate the use of
5information provided and received pursuant to the agreement.
63. Records, documents, and information in the possession of
7the authority department received under this chapter pursuant
8to an intelligence-sharing, reciprocal use, or restricted
9use agreement entered into by the authority department with
10a federal department or agency, any law enforcement agency,
11or the lottery regulation or gaming enforcement agency of any
12jurisdiction shall be considered investigative records of a law
13enforcement agency and are not subject to chapter 22 and shall
14not be released under any condition without the permission of
15the person or agency providing the record or information.
16 Sec. 2371. Section 99G.36, subsection 5, Code 2023, is
17amended to read as follows:
185. No person shall knowingly or intentionally make
19a material false statement in any lottery prize claim,
20make a material false statement in any application for a
21license or proposal to conduct lottery activities, or make a
22material false entry in any book or record which is compiled
23or maintained or submitted to the authority or the board
24 department pursuant to the provisions of this chapter. Any
25person who violates the provisions of this subsection shall be
26guilty of a class “D” felony.
27 Sec. 2372. Section 99G.37, Code 2023, is amended to read as
28follows:
2999G.37 Competitive bidding.
301. The authority department shall enter into a major
31procurement contract pursuant to competitive bidding. The
32requirement for competitive bidding does not apply in the
33case of a single vendor having exclusive rights to offer a
34particular service or product. The board department shall
35adopt procedures for competitive bidding. Procedures adopted
-1323-1by the board department shall be designed to allow the
2selection of proposals that provide the greatest long-term
3benefit to the state, the greatest integrity for the authority
4 department, and the best service and products for the public.
52. In any bidding process under this chapter, the authority
6 department may administer its own bidding and procurement or
7may utilize the services of the department of administrative
8services or other state agency.
9 Sec. 2373. Section 99G.38, Code 2023, is amended to read as
10follows:
1199G.38 Authority Lottery finance — self-sustaining.
121. The authority department may borrow, or accept and
13expend, in accordance with the provisions of this chapter, such
14moneys as may be received from any source, including income
15from the authority’s department’s operations, for effectuating
16its business purposes under this chapter, including the payment
17of the initial expenses of initiation, administration, and
18operation of the authority department under this chapter and
19the lottery.
202. The authority department as it relates to the lottery
21 shall be self-sustaining and self-funded. Moneys in the
22general fund of the state shall not be used or obligated to pay
23the expenses of the authority department under this chapter
24 or prizes of the lottery, and no claim for the payment of an
25expense of the lottery or prizes of the lottery may be made
26against any moneys other than moneys credited to the authority
27 department operating account pursuant to this chapter.
283. The state of Iowa offset program, as provided in section
298A.504, shall be available to the authority to facilitate
30receipt of funds owed to the authority department under this
31chapter.
32 Sec. 2374. Section 99G.39, subsections 1 and 3, Code 2023,
33are amended to read as follows:
341. Upon receipt of any revenue, the chief executive officer
35 director shall deposit the moneys in the lottery fund created
-1324-1pursuant to section 99G.40. At least fifty percent of the
2projected annual revenue accruing from the sale of tickets
3or shares shall be allocated for payment of prizes to the
4holders of winning tickets. After the payment of prizes, the
5expenses of conducting the lottery shall be deducted from the
6authority’s department’s revenue under this chapter prior to
7disbursement. Expenses for advertising production and media
8purchases shall not exceed four percent of the authority’s
9 department’s gross revenue under this chapter for the year.
103. Two million five hundred thousand dollars in lottery
11revenues shall be transferred each fiscal year to the veterans
12trust fund established pursuant to section 35A.13 prior to
13deposit of the lottery revenues in the general fund pursuant
14to section 99G.40. However, if the balance of the veterans
15trust fund is fifty million dollars or more, the moneys shall
16be appropriated to the department of revenue for distribution
17to county directors of veteran affairs, with fifty percent
18of the moneys to be distributed equally to each county and
19fifty percent of the moneys to be distributed to each county
20based upon the population of veterans in the county, so long
21as the moneys distributed to a county do not supplant moneys
22appropriated by that county for the county director of veteran
23affairs.
24 Sec. 2375. Section 99G.39, subsection 6, paragraph b, Code
252023, is amended to read as follows:
26b. The treasurer of state shall, each quarter, prepare
27an estimate of the gaming revenues and lottery revenues that
28will become available during the remainder of the appropriate
29fiscal year for the purposes described in paragraph “a”. The
30department of management and the department of revenue shall
31take appropriate actions to provide that the amount of gaming
32revenues and lottery revenues that will be available during the
33remainder of the appropriate fiscal year is sufficient to cover
34any anticipated deficiencies.
35 Sec. 2376. Section 99G.40, Code 2023, is amended to read as
-1325-1follows:
299G.40 Audits and reports — lottery fund.
31. To ensure the financial integrity of the lottery, the
4authority department shall do all of the following:
5a. Submit quarterly and annual reports to the governor,
6state auditor, and the general assembly disclosing the total
7lottery revenues, prize disbursements, and other expenses
8of the authority department under this chapter during the
9reporting period. The fourth quarter report shall be included
10in the annual report made pursuant to this section. The annual
11report shall include a complete statement of lottery revenues,
12prize disbursements, and other expenses, and recommendations
13for changes in the law that the chief executive officer
14 director deems necessary or desirable for purposes of this
15chapter. The annual report shall be submitted within one
16hundred twenty days after the close of the fiscal year. The
17chief executive officer director shall report immediately to
18the governor, the treasurer of state, and the general assembly
19any matters that require immediate changes in the law in order
20to prevent abuses or evasions of this chapter or rules adopted
21or to rectify undesirable conditions in connection with the
22administration or operation of the lottery.
23b. Maintain weekly or more frequent records of lottery
24transactions, including the distribution of tickets or shares
25to retailers, revenues received, claims for prizes, prizes
26paid, prizes forfeited, and other financial transactions of the
27authority department under this chapter.
28c. The authority department shall deposit in the lottery
29fund created in subsection 2 any moneys received by retailers
30from the sale of tickets or shares less the amount of any
31compensation due the retailers. The chief executive officer
32 director may require licensees to file with the authority
33 department reports of receipts and transactions in the sale
34of tickets or shares. The reports shall be in the form and
35contain the information the chief executive officer director
-1326-1 requires.
22. A lottery fund is created in the office of the treasurer
3of state and shall exist as the recipient fund for authority
4 department receipts under this chapter. The fund consists
5of all revenues received from the sale of lottery tickets or
6shares and all other moneys lawfully credited or transferred
7to the fund. The chief executive officer director shall
8certify quarterly that portion of the fund that has been
9transferred to the general fund of the state under this chapter
10and shall cause that portion to be transferred to the general
11fund of the state. However, upon the request of the chief
12executive officer director and subject to the approval by
13the treasurer of state, an amount sufficient to cover the
14foreseeable administrative expenses of the lottery for a period
15of twenty-one days may be retained from the lottery fund.
16Prior to the quarterly transfer to the general fund of the
17state, the chief executive officer director may direct that
18lottery revenue shall be deposited in the lottery fund and in
19interest-bearing accounts designated by the treasurer of state.
20Interest or earnings paid on the deposits or investments is
21considered lottery revenue and shall be transferred to the
22general fund of the state in the same manner as other lottery
23revenue.
243. The chief executive officer director shall certify
25before the last day of the month following each quarter
26that portion of the lottery fund resulting from the previous
27quarter’s sales to be transferred to the general fund of the
28state.
294. For informational purposes only, the chief executive
30officer shall submit to the department of management by October
311 of each year a proposed operating budget for the authority
32for the succeeding fiscal year. This budget proposal shall
33also be accompanied by an estimate of the net proceeds to
34be deposited into the general fund during the succeeding
35fiscal year. This budget shall be on forms prescribed by the
-1327-1department of management. A copy of the information required
2to be submitted to the department of management pursuant to
3this subsection shall be submitted to the general assembly’s
4standing committees on government oversight and the legislative
5services agency by October 1 of each year.
65. 4. The authority shall adopt the same fiscal year as
7that used by state government and activities of the department
8under this chapter shall be audited annually as part of the
9audit of the department by the auditor of state or a certified
10public accounting firm appointed by the auditor. The auditor
11of state or a designee conducting an audit of the activities
12of the department under this chapter shall have access and
13authority to examine any and all records of licensees necessary
14to determine compliance with this chapter and the rules adopted
15pursuant to this chapter. The cost of audits and examinations
16conducted by the auditor of state or a designee shall be paid
17for by the authority as provided in chapter 11.
18 Sec. 2377. Section 99G.41, Code 2023, is amended to read as
19follows:
2099G.41 Prize offsets — garnishments.
211. Any claimant agency may submit to the authority
22 department a list of the names of all persons indebted to such
23claimant agency or to persons on whose behalf the claimant
24agency is acting. The full amount of the debt shall be
25collectible from any lottery winnings due the debtor without
26regard to limitations on the amounts that may be collectible
27in increments through garnishment or other proceedings. Such
28list shall constitute a valid lien upon and claim of lien
29against the lottery winnings of any debtor named in such list.
30The list shall contain the names of the debtors, their social
31security numbers if available, and any other information that
32assists the authority department in identifying the debtors
33named in the list.
342. The authority department is authorized and directed
35to withhold any winnings paid out directly by the authority
-1328-1 department subject to the lien created by this section and
2send notice to the winner. However, if the winner appears
3and claims winnings in person, the authority department shall
4notify the winner at that time by hand delivery of such action.
5The authority department shall pay the funds over to the agency
6administering the offset program.
73. Notwithstanding the provisions of section 99G.34
8which prohibit disclosure by the authority department of
9certain portions of the contents of prize winner records or
10information, and notwithstanding any other confidentiality
11statute, the authority department may provide to a claimant
12agency all information necessary to accomplish and effectuate
13the intent of this section.
144. The information obtained by a claimant agency from
15the authority department in accordance with this section
16shall retain its confidentiality and shall only be used by a
17claimant agency in the pursuit of its debt collection duties
18and practices. Any employee or prior employee of any claimant
19agency who unlawfully discloses any such information for any
20other purpose, except as otherwise specifically authorized by
21law, shall be subject to the same penalties specified by law
22for unauthorized disclosure of confidential information by
23an agent or employee of the authority department under this
24chapter.
255. Except as otherwise provided in this chapter,
26attachments, garnishments, or executions authorized and issued
27pursuant to law shall be withheld if timely served upon the
28authority department.
296. The provisions of this section shall only apply to prizes
30paid directly by the authority department and shall not apply
31to any retailers authorized by the board department to pay
32prizes of up to six hundred dollars after deducting the price
33of the ticket or share.
34 Sec. 2378. Section 99G.42, Code 2023, is amended to read as
35follows:
-1329- 199G.42 Compulsive gamblers — treatment program information.
2The authority department shall cooperate with the gambling
3treatment program administered by the Iowa department of public
4health to incorporate information regarding the gambling
5treatment program and its toll-free telephone number in printed
6materials distributed by the authority department pursuant to
7this chapter.
8 Sec. 2379. IOWA LOTTERY — TRANSITION PROVISIONS.
91. For purposes of this section, unless the context
10otherwise requires:
11a. “Department” means the department of revenue.
12b. “Iowa lottery authority” means the Iowa lottery
13authority established pursuant to 2003 Iowa Acts, chapter 178,
14section 66.
152. The department shall be the legal successor to the
16Iowa lottery authority and, as such, shall assume all rights,
17privileges, obligations, and responsibilities of the Iowa
18lottery authority. The promulgated rules of the Iowa lottery
19authority shall remain in full force and effect as the rules of
20the department until amended or repealed by the department. In
21addition, the department may continue the security practices
22and procedures utilized by the Iowa lottery authority until
23amended or repealed by the department.
243. At 12:01 a.m.on July 1, 2023, the department shall
25become the legal successor to the Iowa lottery authority.
264. Personnel of the Iowa lottery authority employed on
27July 1, 2023, shall transition to the department as department
28employees under chapter 99G. The chief executive officer
29of the Iowa lottery authority on July 1, 2023, shall be the
30lottery administrator, as provided in this Act, on that date
31without the requirement to be reappointed by the governor.
325. The department shall function as the legal successor to
33the Iowa lottery authority and shall assume all of the assets
34and obligations of the Iowa lottery authority, and funds of the
35state shall not be used or obligated to pay the expenses or
-1330-1prizes of the department or its predecessor, the Iowa lottery
2authority.
36. In order to effect an immediate and efficient transition
4of the lottery from the Iowa lottery authority to the
5department, as soon as practicable, the department shall do all
6of the following:
7a. Take such steps and enter into such agreements as
8the director of the department may determine are necessary
9and proper in order to effect the transfer, assignment, and
10delivery to the department from the Iowa lottery authority
11of all the tangible and intangible assets constituting the
12lottery, including the exclusive right to operate the lottery
13and the assignment to and assumption by the department of all
14agreements, covenants, and obligations of the Iowa lottery
15authority and other agencies of the state, relating to the
16operation and management of the lottery.
17b. Receive as transferee from the Iowa lottery authority all
18of the tangible and intangible assets constituting the lottery
19including, without limitation, the exclusive authorization
20to operate a lottery in the state of Iowa and ownership of
21annuities and bonds purchased prior to the date of transfer and
22held in the name of the Iowa lottery for payment of lottery
23prizes, and shall assume and discharge all of the agreements,
24covenants, and obligations of the Iowa lottery authority
25entered into and constituting part of the operation and
26management of the lottery. In consideration for such transfer
27and assumption, the department shall transfer to the state all
28net profits of the department under chapter 99G, at such times
29and subject to such financial transfer requirements as are
30provided in this division of this Act.
31alcoholic beverage control
32 Sec. 2380. Section 123.3, subsections 1, 15, and 19, Code
332023, are amended by striking the subsections.
34 Sec. 2381. Section 123.3, Code 2023, is amended by adding
35the following new subsections:
-1331-1 NEW SUBSECTION. 16A. “Council” means the alcoholic
2beverages council established by this chapter.
3 NEW SUBSECTION. 16B. “Department” means the department of
4revenue.
5 NEW SUBSECTION. 17A. “Director” means the director of the
6department of revenue or the director’s designee.
7 Sec. 2382. Section 123.3, subsections 6, 14, 16, 26, 29, 30,
8and 38, Code 2023, are amended to read as follows:
96. “Application” means a written request for the issuance
10of a permit, license, or certificate that is supported by a
11verified statement of facts and submitted electronically, or in
12a manner prescribed by the administrator director.
1314. “Commercial establishment” means a place of business
14which is at all times equipped with sufficient tables and
15seats to accommodate twenty-five persons at one time, and
16the licensed premises of which conform to the standards and
17specifications of the division department.
1816. “Completed application” means an application where all
19necessary fees have been paid in full, any required bonds have
20been submitted, the applicant has provided all information
21requested by the division department, and the application
22meets the requirements of section 123.92, subsection 2, if
23applicable.
2426. The terms “in accordance with the provisions of this
25chapter”, “pursuant to the provisions of this title”, or similar
26terms shall include all rules and regulations of the division
27 department adopted to aid in the administration or enforcement
28of those provisions.
2929. “Licensed premises” or “premises” means all rooms,
30enclosures, contiguous areas, or places susceptible of precise
31description satisfactory to the administrator director where
32alcoholic beverages, wine, or beer is sold or consumed under
33authority of a retail alcohol license, wine permit, or beer
34permit. A single licensed premises may consist of multiple
35rooms, enclosures, areas, or places if they are wholly within
-1332-1the confines of a single building or contiguous grounds.
230. “Local authority” means the city council of any
3incorporated city in this state, or the county board of
4supervisors of any county in this state, which is empowered by
5this chapter to approve or deny applications for retail alcohol
6licenses; empowered to recommend that such licenses be granted
7and issued by the division department; and empowered to take
8other actions reserved to them by this chapter.
938. “Permit” or “license” means an express written
10authorization issued by the division department for the
11manufacture or sale, or both, of alcoholic liquor, wine, or
12beer.
13 Sec. 2383. Section 123.3, subsection 40, paragraphs a and d,
14Code 2023, are amended to read as follows:
15a. The person has such financial standing and good
16reputation as will satisfy the administrator director that the
17person will comply with this chapter and all laws, ordinances,
18and regulations applicable to the person’s operations under
19this chapter. However, the administrator director shall not
20require the person to post a bond to meet the requirements of
21this paragraph.
22d. The person has not been convicted of a felony. However,
23if the person’s conviction of a felony occurred more than
24five years before the date of the application for a license
25or permit, and if the person’s rights of citizenship have
26been restored by the governor, the administrator director
27 may determine that the person is of good moral character
28notwithstanding such conviction.
29 Sec. 2384. Section 123.4, Code 2023, is amended by striking
30the section and inserting in lieu thereof the following:
31123.4 Alcoholic beverage control.
32The department of revenue shall administer and enforce the
33laws of this state concerning alcoholic beverage control.
34 Sec. 2385. Section 123.5, Code 2023, is amended to read as
35follows:
-1333- 1123.5 Alcoholic beverages commission council created —
2appointment — removal — vacancies.
31. An alcoholic beverages commission council is created
4within the division department. The commission council is
5composed of five members, not more than three of whom shall
6belong to the same political party.
72. Members shall be appointed by the governor, subject
8to confirmation by the senate. Appointments shall be for
9five-year staggered terms beginning and ending as provided by
10section 69.19. A member may be reappointed for one additional
11term.
123. Members of the commission council shall be chosen on
13the basis of managerial ability and experience as business
14executives. Not more than two members of the commission
15 council may be the holder of or have an interest in a permit or
16license to manufacture alcoholic liquor, wine, or beer or to
17sell alcoholic liquor, wine, or beer at wholesale or retail.
184. Any commission council member shall be subject to removal
19for any of the causes and in the manner provided by chapter 66
20relating to removal from office. Removal shall not be in lieu
21of any other punishment that may be prescribed by the laws of
22this state.
235. Any vacancy on the commission council shall be filled
24in the same manner as regular appointments are made for the
25unexpired portion of the regular term.
26 Sec. 2386. Section 123.6, Code 2023, is amended to read as
27follows:
28123.6 Commission Council meetings.
29The commission council shall meet on or before July 1 of
30each year for the purpose of selecting one of its members
31as chairperson for the succeeding year. The commission
32 council shall otherwise meet quarterly or at the call of the
33chairperson or administrator director or when three members
34file a written request for a meeting. Written notice of the
35time and place of each meeting shall be given to each member of
-1334-1the commission. A majority of the commission council members
2shall constitute a quorum.
3 Sec. 2387. Section 123.7, Code 2023, is amended by striking
4the section and inserting in lieu thereof the following:
5123.7 Duties of director.
6The director shall supervise the daily operations of the
7department under this chapter and shall execute the alcoholic
8beverage control policies of the department.
9 Sec. 2388. Section 123.8, Code 2023, is amended to read as
10follows:
11123.8 Duties of commission and administrator council.
121. The commission council, in addition to the duties
13specifically enumerated in this chapter, shall act as
14a division policy-making body and serve in an advisory
15capacity to the administrator director and department. The
16administrator shall supervise the daily operations of the
17division and shall execute the policies of the division as
18determined by the commission.
192. The commission council may advise and review and affirm,
20reverse, or amend all actions of the administrator director
21under this chapter, including but not limited to the following
22instances:
23a. Purchases of alcoholic liquor for resale by the division
24 department.
25b. The establishment of wholesale prices of alcoholic
26liquor.
27 Sec. 2389. Section 123.9, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29The administrator director, in executing divisional the
30alcoholic beverage control functions of the department, shall
31have the following duties and powers:
32 Sec. 2390. Section 123.9, subsections 1, 4, and 7, Code
332023, are amended to read as follows:
341. To receive alcoholic liquors on a bailment system for
35resale by the division department in the manner set forth in
-1335-1this chapter.
24. To appoint clerks, agents, or other employees required
3for carrying out the provisions of this chapter; to dismiss
4employees for cause; to assign employees to bureaus as created
5by the administrator director within the division department;
6and to designate their title, duties, and powers. All
7employees of the division department appointed for purposes of
8this chapter are subject to chapter 8A, subchapter IV, unless
9exempt under section 8A.412.
107. To accept alcoholic liquors ordered delivered to the
11alcoholic beverages division department pursuant to chapter
12809A, and offer for sale and deliver the alcoholic liquors to
13class “E” retail alcohol licensees, unless the administrator
14 director determines that the alcoholic liquors may be
15adulterated or contaminated. If the administrator director
16 determines that the alcoholic liquors may be adulterated or
17contaminated, the administrator director shall order their
18destruction.
19 Sec. 2391. Section 123.10, unnumbered paragraph 1, Code
202023, is amended to read as follows:
21The administrator director, with the approval of the
22commission and subject to chapter 17A, may adopt rules as
23necessary to carry out this chapter. The administrator’s
24 director’s authority under this chapter extends to, but is not
25limited to, the following:
26 Sec. 2392. Section 123.10, subsections 1, 6, 14, and 15,
27Code 2023, are amended to read as follows:
281. Prescribing the duties of officers, clerks, agents, or
29other employees of the division department under this chapter
30 and regulating their conduct while in the discharge of their
31duties.
326. Providing for the issuance and electronic distribution
33of price lists which show the price to be paid by class
34“E” retail alcohol licensees for each brand, class, or
35variety of liquor kept for sale by the division department,
-1336-1providing for the filing or posting of prices charged in sales
2between class “A” beer and class “A” wine permit holders and
3retailers, as provided in this chapter, and establishing or
4controlling the prices based on minimum standards of fill,
5quantity, or alcoholic content for each individual sale of
6alcoholic beverages as deemed necessary for retail or consumer
7protection. However, the division department shall not
8regulate markups, prices, discounts, allowances, or other terms
9of sale at which alcoholic liquor may be purchased by the
10retail public or retail alcohol licensees from class “E” retail
11alcohol licensees or at which wine may be purchased and sold
12by class “A” and retail wine permittees, or change, nullify,
13or vary the terms of an agreement between a holder of a vintner
14certificate of compliance and a class “A” wine permittee.
1514. Prescribing the uniform fee to be assessed against
16a retail alcohol licensee, except a class “B”, special class
17“B”, or class “E” retail alcohol licensee, to cover the
18administrative costs incurred by the division department
19 resulting from the failure of the licensee to maintain dramshop
20liability insurance coverage pursuant to section 123.92,
21subsection 2, paragraph “a”.
2215. Prescribing the uniform fee, not to exceed one hundred
23dollars, to be assessed against a licensee or permittee under
24this chapter for a contested case hearing conducted by the
25division department or by an administrative law judge from
26the department of inspections and appeals which results in
27administrative action taken against the licensee or permittee
28by the division department.
29 Sec. 2393. Section 123.11, Code 2023, is amended to read as
30follows:
31123.11 Compensation and expenses.
32Members of the commission council, the administrator
33 director, and other employees of the division department shall
34be allowed their actual and necessary expenses while traveling
35on business of the division department under this chapter
-1337-1 outside of their place of residence, however, an itemized
2account of such expenses shall be verified by the claimant and
3approved by the administrator director. If such account is
4paid, the same shall be filed with the division department and
5be and remain a part of its permanent records. Each member
6appointed to the commission council is entitled to receive
7reimbursement of actual expenses incurred while attending
8meetings. Each member of the commission council may also be
9eligible to receive compensation as provided in section 7E.6.
10All expenses and salaries of commission council members, the
11administrator director, and other employees shall be paid from
12appropriations for such purposes and the division department
13 shall be subject to the budget requirements of chapter 8.
14 Sec. 2394. Section 123.12, Code 2023, is amended to read as
15follows:
16123.12 Exemption from suit.
17No commission A council member or officer or employee of
18the division department shall not be personally liable for
19damages sustained by any person due to the act of such member,
20officer, or employee performed in the reasonable discharge of
21the member’s, officer’s, or employee’s duties as enumerated in
22this chapter.
23 Sec. 2395. Section 123.13, Code 2023, is amended to read as
24follows:
25123.13 Prohibitions on commission council members and
26employees.
271. Commission Council members, officers, and employees of
28the division department under this chapter shall not, while
29holding such office or position, do any of the following:
30a. Hold any other office or position under the laws of this
31state, or any other state or territory or of the United States.
32b. Engage in any occupation, business, endeavor, or activity
33which would or does conflict with their duties under this
34chapter.
35c. Directly or indirectly, use their office or employment
-1338-1to influence, persuade, or induce any other officer, employee,
2or person to adopt their political views or to favor any
3particular candidate for an elective or appointive public
4office.
5d. Directly or indirectly, solicit or accept, in any manner
6or way, any money or other thing of value for any person
7seeking an elective or appointive public office, or to any
8political party or any group of persons seeking to become a
9political party.
102. Except as provided in section 123.5, subsection 3, a
11commission council member or division department employee
12under this chapter shall not, directly or indirectly,
13individually, or as a member of a partnership or shareholder
14in a corporation, have any interest in dealing in or in the
15manufacture of alcoholic liquor, wine, or beer, and shall
16not receive any kind of profit nor have any interest in the
17purchase or sale of alcoholic liquor, wine, or beer by persons
18so authorized under this chapter. However, this subsection
19does not prohibit any member or employee from lawfully
20purchasing and keeping alcoholic liquor, wine, or beer in the
21member’s or employee’s possession for personal use.
223. Any officer or employee violating this section or any
23other provisions of this chapter shall, in addition to any
24other penalties provided by law, be subject to suspension or
25discharge from employment. Any commission council member
26shall, in addition to any other penalties provided by law, be
27subject to removal from office as provided by chapter 66.
28 Sec. 2396. Section 123.14, Code 2023, is amended to read as
29follows:
30123.14 Alcoholic beverage control law enforcement.
311. The department of public safety is the primary alcoholic
32beverage control law enforcement authority for this state.
332. The county attorney, the county sheriff and the sheriff’s
34deputies, and the police department of every city, and the
35alcoholic beverages division of the department of commerce,
-1339-1shall be supplementary aids to the department of public safety
2for purposes of alcoholic beverage control law enforcement.
3Any neglect, misfeasance, or malfeasance shown by any peace
4officer included in this section shall be sufficient cause
5for the peace officer’s removal as provided by law. This
6section shall not be construed to affect the duties and
7responsibilities of any county attorney or peace officer with
8respect to law enforcement.
93. The department of public safety shall have full access
10to all records, reports, audits, tax reports and all other
11documents and papers in the alcoholic beverages division
12 department pertaining to liquor licensees and wine and beer
13permittees and their business.
14 Sec. 2397. Section 123.16, unnumbered paragraph 1, Code
152023, is amended to read as follows:
16The commission department shall cause to be prepared an
17annual report to the governor of the state, ending with June 30
18of each fiscal year, on the operation and financial position of
19the division department under this chapter for the preceding
20fiscal year. The report shall include but is not limited to
21the following information:
22 Sec. 2398. Section 123.16, subsections 1 and 7, Code 2023,
23are amended to read as follows:
241. Amount of profit or loss from division department
25 operations under this chapter.
267. Amount of fees paid to the division department from
27retail alcohol licenses, wine permits, and beer permits, in
28gross, and the amount of retail alcohol license fees returned
29to local subdivisions of government as provided under this
30chapter.
31 Sec. 2399. Section 123.17, Code 2023, is amended to read as
32follows:
33123.17 Beer and liquor control fund — allocations to
34substance abuse programs — use of civil penalties.
351. There shall be established within the office of
-1340-1the treasurer of state a fund to be known as the beer and
2liquor control fund. The fund shall consist of any moneys
3appropriated by the general assembly for deposit in the fund
4and moneys received from the sale of alcoholic liquors by the
5division department, from the issuance of permits and licenses,
6and of moneys and receipts received by the division department
7 from any other source under this chapter.
82. a. The director of the department of administrative
9services shall periodically transfer from the beer and liquor
10control fund to the general fund of the state those revenues
11of the division department which are not necessary for the
12purchase of liquor for resale by the division department,
13or for remittances to local authorities or other sources as
14required by this chapter, or for other obligations and expenses
15of the division department which are paid from such fund.
16b. All moneys received by the division department from
17the issuance of vintner’s certificates of compliance and wine
18permits shall be transferred by the director of the department
19of administrative services to the general fund of the state.
203. Notwithstanding subsection 2, if gaming revenues under
21sections 99D.17 and 99F.11 are insufficient in a fiscal year to
22meet the total amount of such revenues directed to be deposited
23in the revenue bonds debt service fund and the revenue bonds
24federal subsidy holdback fund during the fiscal year pursuant
25to section 8.57, subsection 5, paragraph “e”, the difference
26shall be paid from moneys deposited in the beer and liquor
27control fund prior to transfer of such moneys to the general
28fund pursuant to subsection 2 and prior to the transfer of such
29moneys pursuant to subsections 5 and 6. If moneys deposited in
30the beer and liquor control fund are insufficient during the
31fiscal year to pay the difference, the remaining difference
32shall be paid from moneys deposited in the beer and liquor
33control fund in subsequent fiscal years as such moneys become
34available.
354. The treasurer of state shall, each quarter, prepare
-1341-1an estimate of the gaming revenues and of the moneys to be
2deposited in the beer and liquor control fund that will become
3available during the remainder of the appropriate fiscal year
4for the purposes described in subsection 3. The department
5of management, the department of inspections and appeals, and
6the department of commerce shall take appropriate actions to
7provide that the sum of the amount of gaming revenues available
8to be deposited into the revenue bonds debt service fund and
9the revenue bonds federal subsidy holdback fund during a fiscal
10year and the amount of moneys to be deposited in the beer and
11liquor control fund available to be deposited into the revenue
12bonds debt service fund and the revenue bonds federal subsidy
13holdback fund during such fiscal year will be sufficient to
14cover any anticipated deficiencies.
155. After any transfer provided for in subsection 3 is
16made, the department of commerce shall transfer into a special
17revenue account in the general fund of the state, a sum of
18money at least equal to seven percent of the gross amount
19of sales made by the division department from the beer and
20liquor control fund on a monthly basis but not less than nine
21million dollars annually. Of the amounts transferred, two
22million dollars, plus an additional amount determined by the
23general assembly, shall be appropriated to the Iowa department
24of public health for use by the staff who administer the
25comprehensive substance abuse program under chapter 125 for
26substance abuse treatment and prevention programs. Any amounts
27received in excess of the amounts appropriated to the Iowa
28department of public health for use by the staff who administer
29the comprehensive substance abuse program under chapter 125
30shall be considered part of the general fund balance.
316. After any transfers provided for in subsections 3 and
325, the department of commerce shall receive a transfer to the
33division from the beer and liquor control fund and before any
34other transfer to the general fund, an amount sufficient to pay
35the costs incurred by the division department for collecting
-1342-1and properly disposing of the liquor containers.
27. After any transfers provided for in subsections 3, 5,
3and 6, and before any other transfer to the general fund,
4the department of commerce shall transfer to the economic
5development authority from the beer and liquor control fund
6two million dollars annually for statewide tourism marketing
7services and efforts pursuant to section 15.275.
88. After any transfers provided for in subsections 3, 5, 6,
9and 7, and before any other transfer to the general fund, the
10department of commerce shall transfer from the beer and liquor
11control fund one million dollars to the Iowa department of
12public health for distribution pursuant to section 125.59.
139. Civil penalties imposed and collected by the division
14 department under this chapter shall be credited to the general
15fund of the state. The moneys from the civil penalties shall
16be used by the division department, subject to appropriation by
17the general assembly, for the purposes of providing educational
18programs, information and publications for alcoholic
19beverage licensees and permittees, local authorities, and law
20enforcement agencies regarding the laws and rules which govern
21the alcoholic beverages industry, and for promoting compliance
22with alcoholic beverage laws and rules.
23 Sec. 2400. Section 123.18, Code 2023, is amended to read as
24follows:
25123.18 Appropriations.
26Division Department appropriations for purposes of this
27chapter shall be paid by the treasurer of state upon the orders
28of the administrator director, in such amounts and at such
29times as the administrator director deems necessary to carry on
30operations in accordance with the terms of this chapter.
31 Sec. 2401. Section 123.22, subsection 1, Code 2023, is
32amended to read as follows:
331. The division department has the exclusive right of
34importation into the state of all forms of alcoholic liquor,
35except as otherwise provided in this chapter, and a person
-1343-1shall not import alcoholic liquor, except that an individual of
2legal age may import and have in the individual’s possession
3an amount of alcoholic liquor not exceeding nine liters per
4calendar month that the individual personally obtained outside
5the state. Alcoholic liquor imported by an individual pursuant
6to this subsection shall be for personal consumption only in
7a private home or other private accommodation. A distillery
8shall not sell alcoholic liquor within the state to any person
9but only to the division department, except as otherwise
10provided in this chapter. This section vests in the division
11 department exclusive control within the state as purchaser of
12all alcoholic liquor sold by distilleries within the state
13or imported, except beer and wine, and except as otherwise
14provided in this chapter. The division department shall
15receive alcoholic liquor on a bailment system for resale by the
16division department in the manner set forth in this chapter.
17The division department shall act as the sole wholesaler of
18alcoholic liquor to class “E” retail alcohol licensees.
19 Sec. 2402. Section 123.23, subsections 1, 2, 3, and 5, Code
202023, are amended to read as follows:
211. Any manufacturer, distiller, or importer of alcoholic
22liquors shipping, selling, or having alcoholic liquors brought
23into this state for resale by the state shall, as a condition
24precedent to the privilege of so trafficking in alcoholic
25liquors in this state, annually make application for and hold
26a distiller’s certificate of compliance which shall be issued
27by the administrator director for that purpose. No brand of
28alcoholic liquor shall be sold by the division department
29 in this state unless the manufacturer, distiller, importer,
30and all other persons participating in the distribution of
31that brand in this state have obtained a certificate. The
32certificate of compliance shall expire at the end of one year
33from the date of issuance and shall be renewed for a like
34period upon application to the administrator director unless
35otherwise suspended or revoked for cause. Each completed
-1344-1application for a certificate of compliance or renewal shall
2be submitted electronically, or in a manner prescribed by the
3administrator director, and shall be accompanied by a fee
4of two hundred dollars payable to the division department.
5However, this subsection need not apply to a manufacturer,
6distiller, or importer who ships or sells in this state no more
7than eleven gallons or its case equivalent during any fiscal
8year as a result of “special orders” which might be placed, as
9defined and allowed by divisional departmental rules adopted
10under this chapter.
112. At the time of applying for a certificate of compliance,
12each applicant shall submit to the division department
13 electronically, or in a manner prescribed by the administrator
14 director, the name and address of its authorized agent
15for service of process which shall remain effective until
16changed for another, and a list of names and addresses of all
17representatives, employees, or attorneys whom the applicant has
18appointed in the state of Iowa to represent it for any purpose.
19The listing shall be amended by the certificate holder as
20necessary to keep the listing current with the division
21 department.
223. The administrator director and the attorney general
23are authorized to require any certificate holder or person
24listed as the certificate holder’s representative, employee,
25or attorney to disclose such financial and other records and
26transactions as may be considered relevant in discovering
27violations of this chapter or of rules and regulations of
28the division department under this chapter or of any other
29provision of law by any person.
305. This section shall not require the listing of those
31persons who are employed on premises where alcoholic liquors
32are manufactured, processed, bottled, or packaged in Iowa or
33persons who are thereafter engaged in the transporting of such
34alcoholic liquors to the division department.
35 Sec. 2403. Section 123.24, Code 2023, is amended to read as
-1345-1follows:
2123.24 Alcoholic liquor sales by the division department —
3dishonored payments — liquor prices.
41. The division department shall sell alcoholic liquor at
5wholesale only. The division department shall sell alcoholic
6liquor to class “E” retail alcohol licensees only. The
7division department shall offer the same price on alcoholic
8liquor to all class “E” retail alcohol licensees without regard
9for the quantity of purchase or the distance for delivery.
102. The price of alcoholic liquor sold by the division
11 department shall consist of the following:
12a. The manufacturer’s price.
13b. A markup of up to fifty percent of the wholesale price
14paid by the division department for the alcoholic liquor.
15The division department may increase the markup on selected
16kinds of alcoholic liquor sold by the division department if
17the average return to the division department on all sales of
18alcoholic liquor does not exceed the wholesale price paid by
19the division department and the fifty percent markup.
20c. A split case charge in an amount determined by the
21division department when alcoholic liquor is sold in quantities
22which require a case to be split.
23d. A bottle surcharge in an amount sufficient, when added to
24the amount not refunded to class “E” retail alcohol licensees
25pursuant to section 455C.2, to pay the costs incurred by the
26division department for collecting and properly disposing of
27the liquor containers. The amount collected pursuant to this
28paragraph, in addition to any amounts not refunded to class “E”
29retail alcohol licensees pursuant to section 455C.2, shall be
30deposited in the beer and liquor control fund established under
31section 123.17.
323. a. The division department may accept from a class
33“E” retail alcohol licensee electronic funds transferred by
34automated clearing house, wire transfer, or another method
35deemed acceptable by the administrator director, in payment of
-1346-1alcoholic liquor. If a payment is subsequently dishonored,
2the division department shall cause a notice of nonpayment
3and penalty to be served upon the class “E” retail alcohol
4licensee or upon any person in charge of the licensed premises.
5The notice shall state that if payment or satisfaction for
6the dishonored payment is not made within ten days of the
7service of notice, the licensee’s retail alcohol license may
8be suspended under section 123.39. The notice of nonpayment
9and penalty shall be in a form prescribed by the administrator
10 director, and shall be sent by certified mail.
11b. If upon notice and hearing under section 123.39 and
12pursuant to the provisions of chapter 17A concerning a
13contested case hearing, the administrator director determines
14that the class “E” retail alcohol licensee failed to satisfy
15the obligation for which the payment was issued within ten days
16after the notice of nonpayment and penalty was served on the
17licensee as provided in paragraph “a” of this subsection, the
18administrator director may suspend the licensee’s class “E”
19retail alcohol license for a period not to exceed ten days.
204. The administrator director may refuse to sell alcoholic
21liquor to a class “E” retail alcohol licensee who tenders a
22payment which is subsequently dishonored until the outstanding
23obligation is satisfied.
24 Sec. 2404. Section 123.25, Code 2023, is amended to read as
25follows:
26123.25 Consumption on premises.
27An officer, clerk, agent, or employee of the division
28 department employed in a state-owned warehouse under this
29chapter shall not allow any alcoholic beverage to be consumed
30on the premises, nor shall a person consume any alcoholic
31liquor on the premises except for testing or sampling purposes
32only.
33 Sec. 2405. Section 123.26, Code 2023, is amended to read as
34follows:
35123.26 Restrictions on sales — seals — labeling.
-1347- 1Alcoholic liquor shall not be sold by a class “E” retail
2alcohol licensee except in a sealed container with identifying
3markers as prescribed by the administrator director and affixed
4in the manner prescribed by the administrator director, and no
5such container shall be opened upon the premises of a state
6warehouse. The division department shall cooperate with the
7department of natural resources so that only one identifying
8marker or mark is needed to satisfy the requirements of this
9section and section 455C.5, subsection 1. Possession of
10alcoholic liquors which do not carry the prescribed identifying
11markers is a violation of this chapter except as provided in
12section 123.22.
13 Sec. 2406. Section 123.27, Code 2023, is amended to read as
14follows:
15123.27 Sales and deliveries prohibited.
16It is unlawful to transact the sale or delivery of alcoholic
17liquor in, on, or from the premises of a state warehouse:
181. After the closing hour as established by the
19administrator director.
202. On any legal holiday except those designated by the
21administrator director.
223. During other periods or days as designated by the
23administrator director.
24 Sec. 2407. Section 123.28, subsections 1 and 2, Code 2023,
25are amended to read as follows:
261. It is lawful to transport, carry, or convey alcoholic
27liquors from the place of purchase by the division department
28 to a state warehouse or depot established by the division
29 department or from one such place to another and, when so
30permitted by this chapter, it is lawful for the division
31 department, a common carrier, or other person to transport,
32carry, or convey alcoholic liquor sold from a state warehouse,
33depot, or point of purchase by the state to any place to which
34the liquor may be lawfully delivered under this chapter.
352. The division department shall deliver alcoholic liquor
-1348-1purchased by class “E” retail alcohol licensees. Class “E”
2retail alcohol licensees may deliver alcoholic liquor purchased
3by class “C”, class “D”, or class “F” retail alcohol licensees,
4and class “C”, class “D”, or class “F” retail alcohol licensees
5may transport alcoholic liquor purchased from class “E” retail
6alcohol licensees.
7 Sec. 2408. Section 123.29, subsection 1, Code 2023, is
8amended to read as follows:
91. This chapter does not prohibit the sale of patent and
10proprietary medicines, tinctures, food products, extracts,
11toiletries, perfumes, and similar products, which are not
12susceptible of use as a beverage, but which contain alcoholic
13liquor, wine, or beer as one of their ingredients. These
14products may be sold through ordinary wholesale and retail
15businesses without a license or permit issued by the division
16 department.
17 Sec. 2409. Section 123.30, subsections 1 and 2, Code 2023,
18are amended to read as follows:
191. a. A retail alcohol license may be issued to any person
20who is of good moral character as defined by this chapter.
21b. As a condition for issuance of a retail alcohol license
22or wine or beer permit, the applicant must give consent
23to members of the fire, police, and health departments
24and the building inspector of cities; the county sheriff
25or deputy sheriff; members of the department of public
26safety; representatives of the division department and of
27the department of inspections and appeals; certified police
28officers; and any official county health officer to enter upon
29areas of the premises where alcoholic beverages are stored,
30served, or sold, without a warrant during business hours of
31the licensee or permittee to inspect for violations of this
32chapter or ordinances and regulations that cities and boards
33of supervisors may adopt. However, a subpoena issued under
34section 421.17 or a warrant is required for inspection of
35private records, a private business office, or attached living
-1349-1quarters. Persons who are not certified peace officers shall
2limit the scope of their inspections of licensed premises
3to the regulatory authority under which the inspection is
4conducted. All persons who enter upon a licensed premises to
5conduct an inspection shall present appropriate identification
6to the owner of the establishment or the person who appears
7to be in charge of the establishment prior to commencing
8an inspection; however, this provision does not apply to
9undercover criminal investigations conducted by peace officers.
10c. As a further condition for the issuance of a class “E”
11retail alcohol license, the applicant shall post a bond in
12a sum of not less than five thousand nor more than fifteen
13thousand dollars as determined on a sliding scale established
14by the division department; however, a bond shall not be
15required if all purchases of alcoholic liquor from the division
16 department by the licensee are made by means that ensure that
17the division department will receive full payment in advance of
18delivery of the alcoholic liquor.
19d. A class “E” retail alcohol license may be issued to a
20city council for premises located within the limits of the city
21if there are no class “E” retail alcohol licensees operating
22within the limits of the city and no other applications for a
23class “E” license for premises located within the limits of
24the city at the time the city council’s application is filed.
25If a class “E” retail alcohol license is subsequently issued
26to a private person for premises located within the limits of
27the city, the city council shall surrender its license to the
28division department within one year of the date that the class
29“E” retail alcohol licensee begins operating, liquidate any
30remaining assets connected with the liquor store, and cease
31operating the liquor store.
322. A retail alcohol license shall not be issued for premises
33which do not constitute a safe and proper place or building
34and which do not conform to all applicable laws, ordinances,
35resolutions, and health and fire regulations. A licensee
-1350-1shall not have or maintain any interior access to residential
2or sleeping quarters unless permission is granted by the
3administrator director in the form of a living quarters permit.
4 Sec. 2410. Section 123.30, subsection 3, paragraph d,
5subparagraphs (1) and (5), Code 2023, are amended to read as
6follows:
7(1) A class “E” retail alcohol license may be issued and
8shall authorize the holder to purchase alcoholic liquor in
9original unopened containers from the division department
10 only, wine from a class “A” wine permittee only, and beer from
11a class “A” beer permittee only; to sell alcoholic liquor,
12wine, and beer in original unopened containers at retail to
13patrons for consumption off the licensed premises; and to sell
14alcoholic liquor and high alcoholic content beer at wholesale
15to other retail alcohol licensees, provided the holder has
16filed with the division department a basic permit issued by the
17alcohol and tobacco tax and trade bureau of the United States
18department of the treasury.
19(5) The division department may issue a class “E” retail
20alcohol license for premises covered by a retail alcohol
21license for on-premises consumption under any of the following
22circumstances:
23(a) If the premises are in a county having a population
24under nine thousand five hundred in which no other class
25“E” retail alcohol license has been issued by the division
26 department, and no other application for a class “E” retail
27alcohol license has been made within the previous twelve
28consecutive months.
29(b) If, notwithstanding any provision of this chapter to the
30contrary, the premises covered by a retail alcohol license is a
31grocery store that is at least five thousand square feet.
32 Sec. 2411. Section 123.31, subsection 1, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34A person applying for a retail alcohol license shall submit a
35completed application electronically, or in a manner prescribed
-1351-1by the administrator director, which shall set forth under oath
2the following:
3 Sec. 2412. Section 123.31, subsection 1, paragraphs e and g,
4Code 2023, are amended to read as follows:
5e. When required by the administrator director, and in
6such form and containing such information as the administrator
7 director may require, a description of the premises where the
8applicant intends to use the license, to include a sketch or
9drawing of the premises and, if applicable, the number of
10square feet of interior floor space which comprises the retail
11sales area of the premises.
12g. Any other information as required by the administrator
13 director.
14 Sec. 2413. Section 123.31, subsection 2, paragraph d, Code
152023, is amended to read as follows:
16d. That the premises where the applicant intends to use the
17license conforms to all applicable laws, health regulations,
18and fire regulations, and constitutes a safe and proper place
19or building and that the applicant shall not have or maintain
20any interior access to residential or sleeping quarters unless
21permission is granted by the administrator director in the form
22of a living quarters permit.
23 Sec. 2414. Section 123.31A, subsection 3, unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25Subject to the rules of the division department, sales made
26pursuant to this section may be made in a container other
27than the original container only if all of the following
28requirements are met:
29 Sec. 2415. Section 123.31A, subsection 3, paragraph d, Code
302023, is amended to read as follows:
31d. The container to be sold shall be securely sealed
32by a method authorized by the division department that is
33designed so that if the sealed container is reopened or the
34seal tampered with, it is visibly apparent that the seal on the
35container of beer or wine has been tampered with or the sealed
-1352-1container has otherwise been reopened.
2 Sec. 2416. Section 123.31A, subsection 4, Code 2023, is
3amended to read as follows:
44. A container of beer or wine other than the original
5container that is sold and sealed in compliance with the
6requirements of subsection 3 and the division’s department’s
7 rules shall not be deemed an open container subject to the
8requirements of sections 321.284 and 321.284A if the sealed
9container is unopened and the seal has not been tampered with,
10and the contents of the container have not been partially
11removed.
12 Sec. 2417. Section 123.32, subsection 1, paragraph b,
13unnumbered paragraph 1, Code 2023, is amended to read as
14follows:
15A completed application for a class “D” retail alcohol
16license and for any of the following certificates, licenses,
17or permits shall be submitted to the division department
18 electronically, or in a manner prescribed by the administrator
19 director, which shall proceed in the same manner as in the case
20of an application approved by local authorities:
21 Sec. 2418. Section 123.32, subsections 2, 6, 7, 8, and 9,
22Code 2023, are amended to read as follows:
232. Action by local authorities. The local authority
24shall either approve or disapprove the issuance of a retail
25alcohol license, shall endorse its approval or disapproval
26on the application, and shall forward the application with
27the necessary fee and bond, if required, to the division
28 department. There is no limit upon the number of retail
29alcohol licenses which may be approved for issuance by local
30authorities.
316. Action by administrator director.
32a. Upon receipt of an application having been disapproved by
33the local authority, the administrator director shall notify
34the applicant that the applicant may appeal the disapproval of
35the application to the administrator director. The applicant
-1353-1shall be notified by certified mail or personal service, and
2the application, the fee, and any bond shall be returned to the
3applicant.
4b. Upon receipt of an application having been approved by
5the local authority, the division department shall make an
6investigation as the administrator director deems necessary to
7determine that the applicant complies with all requirements
8for holding a license, and may require the applicant to appear
9to be examined under oath to demonstrate that the applicant
10complies with all of the requirements to hold a license. If
11the administrator director requires the applicant to appear
12and to testify under oath, a record shall be made of all
13testimony or evidence and the record shall become a part of the
14application. The administrator director may appoint a member
15of the division department or may request an administrative
16law judge of the department of inspections and appeals to
17receive the testimony under oath and evidence, and to issue a
18proposed decision to approve or disapprove the application for
19a license. The administrator director may affirm, reverse,
20or modify the proposed decision to approve or disapprove the
21application for the license. If the application is approved by
22the administrator director, the license shall be issued. If
23the application is disapproved by the administrator director,
24the applicant shall be so notified by certified mail or
25personal service and the appropriate local authority shall
26be notified electronically, or in a manner prescribed by the
27administrator director.
287. Appeal to administrator director. An applicant for a
29retail alcohol license may appeal from the local authority’s
30disapproval of an application for a license or permit to the
31administrator director. In the appeal the applicant shall
32be allowed the opportunity to demonstrate in an evidentiary
33hearing conducted pursuant to chapter 17A that the applicant
34complies with all of the requirements for holding the license
35or permit. The administrator director may appoint a member of
-1354-1the division department or may request an administrative law
2judge from the department of inspections and appeals to conduct
3the evidentiary hearing and to render a proposed decision to
4approve or disapprove the issuance of the license or permit.
5The administrator director may affirm, reverse, or modify the
6proposed decision. If the administrator director determines
7that the applicant complies with all of the requirements
8for holding a license or permit, the administrator director
9 shall order the issuance of the license or permit. If the
10administrator director determines that the applicant does not
11comply with the requirements for holding a license or permit,
12the administrator director shall disapprove the issuance of the
13license or permit.
148. Judicial review. The applicant or the local
15authority may seek judicial review of the action of the
16administrator director in accordance with the terms of the Iowa
17administrative procedure Act, chapter 17A. Notwithstanding
18the terms of the Iowa administrative procedure Act, chapter
1917A, petitions for judicial review may be filed in the
20district court of the county where the premises covered by the
21application are situated.
229. Suspension by local authority. A retail alcohol licensee
23whose license has been suspended or revoked or a civil penalty
24imposed by a local authority for a violation of this chapter
25or suspended by a local authority for violation of a local
26ordinance may appeal the suspension, revocation, or civil
27penalty to the administrator director. The administrator
28 director may appoint a member of the division department or
29may request an administrative law judge from the department
30of inspections and appeals to hear the appeal which shall
31be conducted in accordance with chapter 17A and to issue a
32proposed decision. The administrator director may review the
33proposed decision upon the motion of a party to the appeal or
34upon the administrator’s director’s own motion in accordance
35with chapter 17A. Upon review of the proposed decision, the
-1355-1administrator director may affirm, reverse, or modify the
2proposed decision. A retail alcohol licensee or a local
3authority aggrieved by a decision of the administrator director
4 may seek judicial review of the decision pursuant to chapter
517A.
6 Sec. 2419. Section 123.33, Code 2023, is amended to read as
7follows:
8123.33 Records.
9Every holder of a license or permit under this chapter
10shall maintain records, in printed or electronic format,
11which include income statements, balance sheets, purchase and
12sales invoices, purchase and sales ledgers, and any other
13records as the administrator director may require. The records
14required and the premises of the licensee or permittee shall be
15accessible and open to inspection pursuant to section 123.30,
16subsection 1, during normal business hours of the licensee or
17permittee.
18 Sec. 2420. Section 123.34, subsection 1, paragraph a, Code
192023, is amended to read as follows:
20a. The administrator director may issue eight-month seasonal
21class “C”, special class “C”, class “D”, and class “F” retail
22alcohol licenses.
23 Sec. 2421. Section 123.34, subsection 2, paragraph a, Code
242023, is amended to read as follows:
25a. The administrator director may issue fourteen-day class
26“C”, special class “C”, class “D”, and class “F” retail alcohol
27licenses.
28 Sec. 2422. Section 123.34, subsection 3, paragraph a, Code
292023, is amended to read as follows:
30a. The administrator director may issue five-day class “C”,
31special class “C”, class “D”, and class “F” retail alcohol
32licenses.
33 Sec. 2423. Section 123.35, subsection 2, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35Notwithstanding section 123.31 and any other provision
-1356-1of this chapter to the contrary, a class “E” retail alcohol
2license shall automatically renew without the endorsement of
3a local authority or approval by the administrator director
4 upon collection of the annual fee by the division department,
5provided all of the following conditions are met since the
6preceding license was issued:
7 Sec. 2424. Section 123.35, subsection 2, paragraphs a, e,
8and h, Code 2023, are amended to read as follows:
9a. The licensee has given written consent to the division
10 department to have the license automatically renewed as
11provided in this section.
12e. The licensee has not submitted payment for alcoholic
13liquor to the division department that was subsequently
14dishonored.
15h. A local authority has not notified the division
16 department, in a manner established by the division department
17 and made available to local authorities, that automatic renewal
18should not occur and that further review of the licensee by
19the division department and the applicable local authority is
20warranted.
21 Sec. 2425. Section 123.35, subsection 3, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23Notwithstanding sections 123.23, 123.135, 123.180, and any
24other provision of this chapter to the contrary, a distiller’s,
25brewer’s, or vintner’s certificate of compliance shall
26automatically renew without approval by the administrator
27 director upon collection of the annual fee by the division
28 department, provided all of the following conditions are met
29since the preceding certificate was issued:
30 Sec. 2426. Section 123.35, subsection 3, paragraph a, Code
312023, is amended to read as follows:
32a. The certificate holder has given written consent to
33the division department to have the certificate automatically
34renewed as provided in this section.
35 Sec. 2427. Section 123.35, subsection 4, unnumbered
-1357-1paragraph 1, Code 2023, is amended to read as follows:
2Notwithstanding section 123.187 and any other provision of
3this chapter to the contrary, a wine direct shipper’s permit
4shall automatically renew without approval by the administrator
5 director upon collection of the annual fee by the division
6 department, provided all of the following conditions are met
7since the preceding permit was issued:
8 Sec. 2428. Section 123.35, subsection 4, paragraph a, Code
92023, is amended to read as follows:
10a. The permittee has given written consent to the division
11 department to have the permit automatically renewed as provided
12in this section.
13 Sec. 2429. Section 123.36, subsection 1, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15The following fees shall be paid to the division department
16 annually for retail alcohol licenses issued under section
17123.30:
18 Sec. 2430. Section 123.36, subsection 2, Code 2023, is
19amended to read as follows:
202. The division department shall credit all fees to the beer
21and liquor control fund. The division department shall remit
22to the appropriate local authority a sum equal to sixty-five
23percent of the fees collected for each class “B”, class “C”,
24or class “F” license except special class “C” licenses or
25class “E” licenses, covering premises located within the local
26authority’s jurisdiction. The division department shall remit
27to the appropriate local authority a sum equal to seventy-five
28percent of the fees collected for each special class “C”
29license covering premises located within the local authority’s
30jurisdiction. Those fees collected for each class “E” retail
31alcohol license shall be credited to the beer and liquor
32control fund.
33 Sec. 2431. Section 123.37, subsections 2, 3, and 4, Code
342023, are amended to read as follows:
352. The administrator director may compromise and settle
-1358-1doubtful and disputed claims for taxes imposed under
2this chapter or for taxes of doubtful collectibility,
3notwithstanding section 7D.9. The administrator director may
4enter into informal settlements pursuant to section 17A.10 to
5compromise and settle doubtful and disputed claims for taxes
6imposed under this chapter. The administrator director may
7make a claim under a licensee’s or permittee’s penal bond for
8taxes of doubtful collectibility. Whenever a compromise or
9settlement is made, the administrator director shall make a
10complete record of the case showing the tax assessed, reports
11and audits, if any, the licensee’s or permittee’s grounds for
12dispute or contest, together with all evidence of the dispute
13or contest, and the amounts, conditions, and settlement or
14compromise of the dispute or contest.
153. A licensee or permittee who disputes the amount of tax
16imposed must pay all tax and penalty pertaining to the disputed
17tax liability prior to appealing the disputed tax liability to
18the administrator director.
194. The administrator director shall adopt rules
20establishing procedures for payment of disputed taxes imposed
21under this chapter. If it is determined that the tax is not
22due in whole or in part, the division department shall promptly
23refund the part of the tax payment which is determined not to
24be due.
25 Sec. 2432. Section 123.38, subsection 1, Code 2023, is
26amended to read as follows:
271. A retail alcohol license, wine permit, or beer permit
28is a personal privilege and is revocable for cause. It is not
29property nor is it subject to attachment and execution nor
30alienable nor assignable, and it shall cease upon the death
31of the permittee or licensee. However, the administrator of
32the division director may in the administrator’s director’s
33 discretion allow the executor or administrator director of the
34estate of a permittee or licensee to operate the business of
35the decedent for a reasonable time not to exceed the expiration
-1359-1date of the permit or license. Every permit or license shall
2be issued in the name of the applicant and no person holding a
3permit or license shall allow any other person to use it.
4 Sec. 2433. Section 123.38, subsection 2, paragraph a,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
7Any licensee or permittee, or the executor or administrator
8 director of the estate of a licensee or permittee, or any
9person duly appointed by the court to take charge of and
10administer the property or assets of the licensee or permittee
11for the benefit of the licensee’s or permittee’s creditors,
12may voluntarily surrender a license or permit to the division
13 department. When a license or permit is surrendered, the
14division department shall notify the local authority, and the
15division department or the local authority shall refund to the
16person surrendering the license or permit, a proportionate
17amount of the fee received by the division department or the
18local authority for the license or permit as follows:
19 Sec. 2434. Section 123.38, subsection 2, paragraphs b and c,
20Code 2023, are amended to read as follows:
21b. For purposes of this subsection, any portion of license
22or permit fees used for the purposes authorized in section
23331.424, subsection 1, paragraph “a”, subparagraphs (1) and
24(2), shall not be deemed received either by the division
25 department or by a local authority.
26c. No refund shall be made to any licensee or permittee upon
27the surrender of the license or permit if there is at the time
28of surrender a complaint filed with the division department
29 or local authority charging the licensee or permittee with a
30violation of this chapter.
31 Sec. 2435. Section 123.38, subsection 3, Code 2023, is
32amended to read as follows:
333. The local authority may in its discretion authorize a
34licensee or permittee to transfer the license or permit from
35one location to another within the same incorporated city,
-1360-1or within a county outside the corporate limits of a city,
2provided that the premises to which the transfer is to be made
3would have been eligible for a license or permit in the first
4instance and such transfer will not result in the violation
5of any law. All transfers authorized, and the particulars
6of same, shall be reported to the administrator director
7 by the local authority. The administrator director may by
8rule establish a uniform transfer fee to be assessed by all
9local authorities upon licensees or permittees to cover the
10administrative costs of such transfers, such fee to be retained
11by the local authority involved.
12 Sec. 2436. Section 123.38A, Code 2023, is amended to read
13as follows:
14123.38A Confidential investigative records.
15In order to assure a free flow of information for
16accomplishing the purposes of section 123.4 and section
17123.9, subsection 6, all complaint information, investigation
18files, audit files, and inspection files, other investigation
19reports, and other investigative information in the possession
20of the division department or employees acting under the
21authority of the administrator director under this chapter
22 are privileged and confidential, and are not subject to
23discovery, subpoena, or other means of legal compulsion for
24their release before administrative or criminal charges are
25filed. However, investigative information in the possession
26of division department employees under this chapter may be
27disclosed to the licensing authorities of a city or county
28within this state, in another state, the District of Columbia,
29or territory or county in which the licensee or permittee is
30licensed or permitted or has applied for a license or permit.
31In addition, the investigative information can be shared with
32any law enforcement agency or other state agency that also
33has investigative, regulatory, or enforcement jurisdiction
34authorized by law. Records received by the division department
35for purposes of this chapter from other agencies which would
-1361-1be confidential if created by the division department are
2considered confidential.
3 Sec. 2437. Section 123.39, subsections 1 and 4, Code 2023,
4are amended to read as follows:
51. a. (1) The administrator director or the local
6authority may suspend a class “B”, special class “B” native
7wine, class “C”, special class “C”, class “E”, or class “F”
8retail alcohol license, or charity beer, spirits, and wine
9special event license for a period not to exceed one year,
10revoke the license, or impose a civil penalty not to exceed one
11thousand dollars per violation.
12(2) The administrator director may suspend a certificate
13of compliance, a class “D” retail alcohol license, a
14manufacturer’s license, a broker’s permit, a class “A” native
15distilled spirits license, a class “A” or special class “A”
16beer permit, a class “A” wine permit, a wine direct shipper’s
17permit, or a wine carrier permit for a period not to exceed one
18year, revoke the license, permit, or certificate, or impose a
19civil penalty not to exceed one thousand dollars per violation.
20b. A license, permit, or certificate of compliance issued
21under this chapter may be suspended or revoked, or a civil
22penalty may be imposed for any of the following causes:
23(1) Misrepresentation of any material fact in the
24application for the license, permit, or certificate.
25(2) Violation of any of the provisions of this chapter.
26(3) Any change in the ownership or interest in the business
27operated under a retail alcohol license which change was not
28previously reported in a manner prescribed by the administrator
29 director within thirty days of the change and subsequently
30approved by the local authority, when applicable, and the
31division department.
32(4) An event which would have resulted in disqualification
33from receiving the license, permit, or certificate when
34originally issued.
35(5) Any sale, hypothecation, or transfer of the license,
-1362-1permit, or certificate.
2(6) The failure or refusal on the part of any license,
3permit, or certificate holder to render any report or remit any
4taxes to the division department under this chapter when due.
5c. A criminal conviction is not a prerequisite to
6suspension, revocation, or imposition of a civil penalty
7pursuant to this section.
8d. A local authority which acts pursuant to this section,
9section 123.32, or section 123.50 shall notify the division
10 department in writing of the action taken, and shall notify the
11license or permit holder of the right to appeal a suspension,
12revocation, or imposition of a civil penalty to the division
13 department.
14e. Before suspension, revocation, or imposition of a civil
15penalty by the administrator director, the license, permit,
16or certificate holder shall be given written notice and an
17opportunity for a hearing. The administrator director may
18appoint a member of the division department or may request an
19administrative law judge from the department of inspections
20and appeals to conduct the hearing and issue a proposed
21decision. Upon the motion of a party to the hearing or upon
22the administrator’s director’s own motion, the administrator
23 director may review the proposed decision in accordance
24with chapter 17A. Upon review of the proposed decision, the
25administrator director may affirm, reverse, or modify the
26proposed decision. A license, permit, or certificate holder
27aggrieved by a decision of the administrator director may seek
28judicial review of the administrator’s director’s decision in
29accordance with chapter 17A.
30f. Civil penalties imposed and collected by the local
31authority under this section shall be retained by the local
32authority. Civil penalties imposed and collected by the
33division department under this section shall be credited to
34the general fund of the state pursuant to section 123.17,
35subsection 9.
-1363- 14. If the cause for suspension is a first offense
2violation of section 123.49, subsection 2, paragraph “h”,
3the administrator director or local authority shall impose a
4civil penalty in the amount of five hundred dollars in lieu of
5suspension of the license or permit.
6 Sec. 2438. Section 123.41, subsections 1, 2, 3, and 4, Code
72023, are amended to read as follows:
81. Each completed application to obtain or renew a
9manufacturer’s license shall be submitted to the division
10 department electronically, or in a manner prescribed by the
11administrator director, and shall be accompanied by a fee of
12three hundred dollars payable to the division department. The
13administrator director may in accordance with this chapter
14grant and issue to a manufacturer a manufacturer’s license,
15valid for a one-year period after date of issuance, which shall
16allow the manufacture, storage, and wholesale disposition and
17sale of alcoholic liquors to the division department and to
18customers outside of the state.
192. As a condition precedent to the approval and granting
20of a manufacturer’s license, an applicant shall file with the
21division department a basic permit issued by the alcohol and
22tobacco tax and trade bureau of the United States department
23of the treasury, and a statement under oath that the applicant
24will faithfully observe and comply with all laws, rules, and
25regulations governing the manufacture and sale of alcoholic
26liquor.
273. A person who holds an experimental distilled spirits
28plant permit or its equivalent issued by the alcohol and
29tobacco tax and trade bureau of the United States department
30of the treasury may produce alcohol for use as fuel without
31obtaining a manufacturer’s license from the division
32 department.
334. A person who holds a manufacturer’s license shall file
34with the division department, on or before the fifteenth day of
35each calendar month, all documents filed by the manufacturer
-1364-1with the alcohol and tobacco tax and trade bureau of the United
2States department of the treasury, including all production,
3storage, and processing reports.
4 Sec. 2439. Section 123.42, subsections 1 and 2, Code 2023,
5are amended to read as follows:
61. Prior to representing or promoting alcoholic liquor
7products in the state, the broker shall submit a completed
8application to the division department electronically, or in a
9manner prescribed by the administrator director, for a broker’s
10permit. The administrator director may in accordance with this
11chapter issue a broker’s permit which shall be valid for one
12year from the date of issuance unless it is sooner suspended or
13revoked for a violation of this chapter.
142. At the time of applying for a broker’s permit, each
15applicant shall submit to the division department a list of
16names and addresses of all manufacturers, distillers, and
17importers whom the applicant has been appointed to represent
18in the state of Iowa for any purpose. The listing shall be
19amended by the broker as necessary to keep the listing current
20with the division department.
21 Sec. 2440. Section 123.43, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23A person applying for a class “A” native distilled spirits
24license shall submit an application electronically, or in a
25manner prescribed by the administrator director, which shall
26set forth under oath the following:
27 Sec. 2441. Section 123.43, subsection 1, paragraphs e and g,
28Code 2023, are amended to read as follows:
29e. When required by the administrator director, and in
30such form and containing such information as the administrator
31 director may require, a description of the premises where the
32applicant intends to use the license, to include a sketch or
33drawing of the premises and, if applicable, the number of
34square feet of interior floor space which comprises the retail
35sales area of the premises.
-1365- 1g. Any other information as required by the administrator
2 director.
3 Sec. 2442. Section 123.43, subsection 2, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5Except as otherwise provided in this chapter, the
6administrator director shall issue a class “A” native distilled
7spirits license to any applicant who establishes all of the
8following:
9 Sec. 2443. Section 123.43, subsection 2, paragraph d, Code
102023, is amended to read as follows:
11d. That the applicant has filed with the division department
12 a basic permit issued by the alcohol and tobacco tax and trade
13bureau of the United States department of the treasury, and
14that the applicant will faithfully observe and comply with all
15laws, rules, and regulations governing the manufacture and sale
16of alcoholic liquor.
17 Sec. 2444. Section 123.43A, subsections 1, 3, 4, and 5, Code
182023, are amended to read as follows:
191. Subject to rules of the division department, a native
20distillery holding a class “A” native distilled spirits license
21issued pursuant to section 123.43 may sell or offer for sale
22native distilled spirits. As provided in this section, sales
23of native distilled spirits manufactured on the premises may
24be made at retail for off-premises consumption when sold on
25the premises of the native distillery that manufactures native
26distilled spirits. All sales intended for resale in this
27state shall be made through the state’s wholesale distribution
28system.
293. A native distillery shall not sell native distilled
30spirits other than as permitted in this chapter and shall
31not allow native distilled spirits sold for consumption off
32the premises to be consumed upon the premises of the native
33distillery. However, native distilled spirits may be tasted
34pursuant to the rules of the division department on the
35premises where fermented, distilled, or matured, when no charge
-1366-1is made for the tasting.
24. The sale of native distilled spirits to the division
3 department for wholesale disposition and sale by the division
4 department shall be subject to the requirements of this chapter
5regarding such disposition and sale.
65. A native distillery issued a class “A” native distilled
7spirits license shall file with the division department, on or
8before the fifteenth day of each calendar month, all documents
9filed by the native distillery with the alcohol and tobacco
10tax and trade bureau of the United States department of the
11treasury, including all production, storage, and processing
12reports.
13 Sec. 2445. Section 123.44, Code 2023, is amended to read as
14follows:
15123.44 Gifts prohibited.
16A manufacturer or broker shall not give away alcoholic
17liquor at any time in connection with the manufacturer’s or
18broker’s business except for testing or sampling purposes only.
19A manufacturer, distiller, vintner, brewer, broker, wholesaler,
20or importer, organized as a corporation pursuant to the laws of
21this state or any other state, who deals in alcoholic beverages
22subject to regulation under this chapter shall not offer or
23give anything of value to a commission council member, official
24or employee of the division department under this chapter,
25or directly or indirectly contribute in any manner any money
26or thing of value to a person seeking a public or appointive
27office or a recognized political party or a group of persons
28seeking to become a recognized political party.
29 Sec. 2446. Section 123.46A, subsection 2, Code 2023, is
30amended to read as follows:
312. Licensees authorized to sell wine, beer, or mixed drinks
32or cocktails for consumption off the licensed premises in a
33container other than the original container may deliver the
34wine, beer, or mixed drinks or cocktails to a home or other
35designated location in this state only if the container other
-1367-1than the original container has been sold and securely sealed
2in compliance with this chapter or the rules of the division
3 department. Deliveries shall be limited to alcoholic beverages
4authorized by the licensee’s license or permit.
5 Sec. 2447. Section 123.46A, subsection 3, paragraph g, Code
62023, is amended to read as follows:
7g. Delivery of alcoholic liquor, wine, beer, or mixed drinks
8or cocktails shall be made by the licensee, the licensee’s
9employee, or a third party, provided the licensee has entered
10into a written agreement with the third party that authorizes
11the third party to act as an agent of the licensee for the
12purpose of delivering alcoholic liquor, wine, beer, or mixed
13drinks or cocktails. Each licensee shall submit to the
14division department electronically, or in a manner prescribed
15by the administrator director, a list of names and addresses of
16all third parties it has authorized to act as its agent for the
17purpose of delivering alcoholic liquor, wine, beer, or mixed
18drinks or cocktails. The licensee shall provide the division
19 department with amendments to the list as necessary to ensure
20the division department possesses an accurate, current list.
21 Sec. 2448. Section 123.49, subsection 2, paragraph d,
22subparagraphs (1), (2), and (3), Code 2023, are amended to read
23as follows:
24(1) Keep on premises covered by a retail alcohol license any
25alcoholic liquor in any container except the original package
26purchased from the division department, and except mixed drinks
27or cocktails mixed on the premises for immediate consumption
28on the licensed premises or as otherwise provided by this
29paragraph “d”. This prohibition does not apply to holders
30of a class “D” retail alcohol license or to alcoholic liquor
31delivered in accordance with section 123.46A.
32(2) Mixed drinks or cocktails mixed on the premises that are
33not for immediate consumption may be consumed on the licensed
34premises subject to the requirements of this subparagraph
35pursuant to rules adopted by the division department. The
-1368-1rules shall provide that the mixed drinks or cocktails be
2stored, for no longer than seventy-two hours, in a labeled
3container in a quantity that does not exceed three gallons.
4The rules shall also provide that added flavors and other
5nonbeverage ingredients included in the mixed drinks or
6cocktails shall not include hallucinogenic substances or added
7caffeine or other added stimulants including but not limited to
8guarana, ginseng, and taurine. The rules shall also require
9that the licensee keep records as to when the contents in
10a particular container were mixed and the recipe used for
11that mixture. In addition, mixed drinks or cocktails mixed
12on the premises pursuant to this subparagraph may be sold
13for consumption off the licensed premises as provided in and
14subject to the requirements of subparagraph (3).
15(3) Mixed drinks or cocktails mixed on premises covered
16by a class “C” retail alcohol license for consumption off the
17licensed premises may be sold if the mixed drink or cocktail is
18immediately filled in a sealed container and is promptly taken
19from the licensed premises prior to consumption of the mixed
20drink or cocktail. A mixed drink or cocktail that is sold in a
21sealed container in compliance with the requirements of this
22subparagraph and rules adopted by the division department shall
23not be deemed an open container subject to the requirements
24of sections 321.284 and 321.284A if the sealed container is
25unopened and the seal has not been tampered with, and the
26contents of the container have not been partially removed.
27 Sec. 2449. Section 123.50, subsection 2, Code 2023, is
28amended to read as follows:
292. The conviction of any retail alcohol licensee for a
30violation of any of the provisions of section 123.49, subject
31to subsection 3 of this section, is grounds for the suspension
32or revocation of the license or permit by the division
33 department or the local authority. However, if any retail
34alcohol licensee is convicted of any violation of section
35123.49, subsection 2, paragraph “a” or “e”, or any retail
-1369-1alcohol licensee, excluding a special class “B” or class “D”
2retail alcohol licensee, is convicted of a violation of section
3123.49, subsection 2, paragraph “d”, the retail alcohol license
4shall be revoked and shall immediately be surrendered by the
5holder, and the bond, if any, of the license holder shall be
6forfeited to the division department. However, the division
7 department shall retain only that portion of the bond equal
8to the amount the division department determines the license
9holder owes the division department.
10 Sec. 2450. Section 123.50, subsection 3, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12If any retail alcohol licensee or employee of a licensee is
13convicted or found in violation of section 123.49, subsection
142, paragraph “h”, the administrator director or local authority
15shall, in addition to criminal penalties fixed for violations
16by this section, assess a civil penalty as follows:
17 Sec. 2451. Section 123.50, subsection 4, Code 2023, is
18amended to read as follows:
194. In addition to any other penalties imposed under this
20chapter, the division department shall assess a civil penalty
21up to the amount of five thousand dollars upon a class “E”
22retail alcohol licensee when the class “E” retail alcohol
23license is revoked for a violation of section 123.59. Failure
24to pay the civil penalty as required under this subsection
25shall result in forfeiture of the bond to the division
26 department. However, the division department shall retain
27only that portion of the bond equal to the amount the division
28 department determines the license or permit holder owes the
29division department.
30 Sec. 2452. Section 123.50A, subsections 1, 2, and 4, Code
312023, are amended to read as follows:
321. If sufficient funding is appropriated, the division
33 department shall develop an alcohol compliance employee
34training program, not to exceed two hours in length for
35employees and prospective employees of licensees and
-1370-1permittees, to inform the employees about state laws and
2regulations regarding the sale of alcoholic beverages to
3persons under legal age, and compliance with and the importance
4of laws regarding the sale of alcoholic beverages to persons
5under legal age. In developing the alcohol compliance employee
6training program, the division department may consult with
7stakeholders who have expertise in the laws and regulations
8regarding the sale of alcoholic beverages to persons under
9legal age.
102. The alcohol compliance employee training program shall
11be made available to employees and prospective employees
12of licensees and permittees at no cost to the employee,
13the prospective employee, or the licensee or permittee, and
14in a manner which is as convenient and accessible to the
15extent practicable throughout the state so as to encourage
16attendance. Contingent upon the availability of specified
17funds for provision of the program, the division department
18 shall schedule the program on at least a monthly basis and the
19program shall be available at a location in at least a majority
20of counties.
214. The division department shall also offer periodic
22continuing employee training and recertification for employees
23who have completed initial training and received an initial
24certificate of completion as part of the alcohol compliance
25employee training program.
26 Sec. 2453. Section 123.56, subsections 3 and 4, Code 2023,
27are amended to read as follows:
283. Upon filing a suit in equity in district court pursuant
29to subsection 2, the county attorney or city attorney shall
30notify the administrator director of the action. Upon
31receiving notice, the administrator director shall issue an
32order reducing the hours during which alcoholic beverages may
33be sold or consumed at retail on the licensed premises to
34between 6:00 a.m.and 10:00 p.m.each day of the week during
35the pendency of the action in equity. The county attorney or
-1371-1city attorney shall notify the administrator director of any
2final action or judgment entered resulting from the action.
34. In an action seeking abatement of a public safety
4nuisance as provided in this section, evidence of other
5current violations of this chapter may be received by the
6court and considered in determining the remedial provisions
7of any abatement order. In addition, evidence of prior
8sanctions, violations of law, nuisance behavior, or general
9reputation relating to the licensed premises may be admissible
10in determining the reasonableness of remedial provisions of an
11abatement order. However, evidence of a prior conviction of
12the licensee, managers, employees, or contemporaneous patrons
13and guests is not necessary for purposes of considering or
14issuing an abatement order under this section. In an action
15under this section, the administrator director may submit
16to the court a report as evidence on behalf of the division
17 department regarding the compliance history of the licensee or
18permittee for consideration by the court.
19 Sec. 2454. Section 123.57, Code 2023, is amended to read as
20follows:
21123.57 Examination of accounts.
22The financial condition and transactions of all offices,
23departments, warehouses, and depots of concerning the division
24 alcohol beverage control activities of the department shall be
25examined at least once each year by the state auditor and at
26shorter periods if requested by the administrator director,
27governor, commission council, or the general assembly’s
28standing committees on government oversight.
29 Sec. 2455. Section 123.58, Code 2023, is amended to read as
30follows:
31123.58 Auditing.
32All provisions of sections 11.6, 11.11, 11.14, 11.21,
3311.31, and 11.41, relating to auditing of financial records
34of governmental subdivisions which are not inconsistent with
35this chapter are applicable to the division department and its
-1372-1offices, warehouses, and depots under this chapter.
2 Sec. 2456. Section 123.92, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. Subject to the limitation amount specified in paragraph
5“c”, if applicable, any third party who is not the intoxicated
6person who caused the injury at issue and who is injured in
7person or property or means of support by an intoxicated person
8or resulting from the intoxication of a person, has a right of
9action for damages actually sustained, severally or jointly
10against any licensee or permittee, whether or not the license
11or permit was issued by the division department or by the
12licensing authority of any other state, who sold and served any
13alcoholic beverage directly to the intoxicated person, provided
14that the person was visibly intoxicated at the time of the sale
15or service.
16 Sec. 2457. Section 123.92, subsection 2, paragraphs a and c,
17Code 2023, are amended to read as follows:
18a. Every retail alcohol licensee, except a class “B”,
19special class “B”, or class “E” retail alcohol licensee, shall
20furnish proof of financial responsibility by the existence of
21a liability insurance policy in an amount determined by the
22division department. If an insurer provides dramshop liability
23insurance at a new location to a licensee or permittee who has
24a positive loss experience at other locations for which such
25insurance is provided by the insurer, and the insurer bases
26premium rates at the new location on the negative loss history
27of the previous licensee at that location, the insurer shall
28examine and consider adjusting the premium for the new location
29not less than thirty months after the insurance is issued,
30based on the loss experience of the licensee at that location
31during that thirty-month period of time.
32c. The purpose of dramshop liability insurance is to provide
33protection for members of the public who experience damages as
34a result of licensees serving patrons any alcoholic beverage
35to a point that reaches or exceeds the standard set forth in
-1373-1law for liability. Minimum coverage requirements for such
2insurance are not for the purpose of making the insurance
3affordable for all licensees regardless of claims experience.
4A dramshop liability insurance policy obtained by a licensee
5shall meet the minimum insurance coverage requirements as
6determined by the division department and is a mandatory
7condition for holding a license.
8 Sec. 2458. Section 123.95, subsection 2, paragraph a, Code
92023, is amended to read as follows:
10a. The holder of an annual class “C” retail alcohol license
11may act as the agent of a private social host for the purpose
12of providing and serving alcoholic beverages as part of a food
13catering service for a private social gathering in a private
14place, provided the licensee has applied for and been granted a
15catering privilege by the division department. The holder of
16an annual special class “C” retail alcohol license shall not
17act as the agent of a private social host for the purpose of
18providing and serving wine and beer as part of a food catering
19service for a private social gathering in a private place. An
20applicant for a class “C” retail alcohol license shall state
21on the application for the license that the licensee intends
22to engage in catering food and alcoholic beverages for private
23social gatherings and the catering privilege shall be noted on
24the license.
25 Sec. 2459. Section 123.125, Code 2023, is amended to read
26as follows:
27123.125 Issuance of beer permits.
28The administrator director shall issue class “A” and special
29class “A” beer permits and may suspend or revoke permits for
30cause as provided in this chapter.
31 Sec. 2460. Section 123.126A, subsection 2, Code 2023, is
32amended to read as follows:
332. Notwithstanding any provision of this chapter to the
34contrary, a manufacturer of beer may obtain and possess
35alcoholic liquor from the division department for the purpose
-1374-1of manufacturing canned cocktails.
2 Sec. 2461. Section 123.127, subsection 1, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4A person applying for a class “A” or special class “A” beer
5permit shall submit a completed application electronically, or
6in a manner prescribed by the administrator director, which
7shall set forth under oath the following:
8 Sec. 2462. Section 123.127, subsection 1, paragraphs e and
9g, Code 2023, are amended to read as follows:
10e. When required by the administrator director, and in
11such form and containing such information as the administrator
12 director may require, a description of the premises where
13the applicant intends to use the permit, to include a sketch
14or drawing of the premises and, if applicable, the number of
15square feet of interior floor space which comprises the retail
16sales area of the premises.
17g. Any other information as required by the administrator
18 director.
19 Sec. 2463. Section 123.127, subsection 2, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21The administrator director shall issue a class “A” or
22special class “A” beer permit to any applicant who establishes
23all of the following:
24 Sec. 2464. Section 123.127, subsection 2, paragraphs d and
25g, Code 2023, are amended to read as follows:
26d. That the applicant has filed with the division department
27 a basic permit issued by the alcohol and tobacco tax and trade
28bureau of the United States department of the treasury, and
29that the applicant will faithfully observe and comply with all
30laws, rules, and regulations governing the manufacture and sale
31of beer.
32g. That the applicant has submitted a bond in the amount
33of ten thousand dollars in a manner prescribed by the
34administrator director with good and sufficient sureties to be
35approved by the division department conditioned upon compliance
-1375-1with this chapter.
2 Sec. 2465. Section 123.130, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. Any person holding a class “A” beer permit issued by
5the division department shall be authorized to manufacture
6and sell, or sell at wholesale, beer for consumption off the
7premises, such sales within the state to be made only to
8persons holding a subsisting class “A” beer permit, or retail
9alcohol licenses, excluding a special class “B” retail native
10wine license, issued in accordance with the provisions of this
11chapter. However, a person holding a class “A” beer permit
12issued by the division department who also holds a brewer’s
13notice issued by the alcohol and tobacco tax and trade bureau
14of the United States department of the treasury shall be
15authorized to sell, at wholesale, no more than thirty thousand
16barrels of beer on an annual basis for consumption off the
17premises to a licensee authorized under this chapter to sell
18beer at retail.
19 Sec. 2466. Section 123.130, subsection 5, Code 2023, is
20amended to read as follows:
215. A manufacturer of beer issued a class “A” or special
22class “A” beer permit shall file with the division department,
23on or before the fifteenth day of each calendar month, all
24documents filed with the alcohol and tobacco tax and trade
25bureau of the United States department of the treasury,
26including all brewer’s operation and excise tax return reports.
27 Sec. 2467. Section 123.135, subsections 1, 2, and 3, Code
282023, are amended to read as follows:
291. A manufacturer, brewer, bottler, importer, or vendor of
30beer, or any agent thereof, desiring to ship or sell beer, or
31have beer brought into this state for resale by a class “A”
32beer permittee, shall first make application for and be issued
33a brewer’s certificate of compliance by the administrator
34 director for that purpose. The certificate of compliance
35expires at the end of one year from the date of issuance and
-1376-1shall be renewed for a like period upon application to the
2administrator director unless otherwise revoked for cause.
3Each completed application for a certificate of compliance or
4renewal of a certificate shall be submitted electronically,
5or in a manner prescribed by the administrator director, and
6shall be accompanied by a fee of two hundred dollars payable
7to the division department. Each holder of a certificate
8of compliance shall furnish the information in a manner the
9administrator director requires.
102. At the time of applying for a certificate of compliance,
11each applicant shall file with the division department a list
12of all class “A” beer permittees with whom it intends to do
13business and shall designate the geographic area in which its
14products are to be distributed by such permittee. The listing
15of class “A” beer permittees and geographic area as filed with
16the division department shall be amended by the holder of a
17certificate of compliance as necessary to keep the listing
18current with the division department.
193. All class “A” beer permit holders shall sell only
20those brands of beer which are manufactured, brewed,
21bottled, shipped, or imported by a person holding a current
22certificate of compliance. Any employee or agent working for
23or representing the holder of a certificate of compliance
24within this state shall submit electronically, or in a manner
25prescribed by the administrator director, the employee’s or
26agent’s name and address with the division department.
27 Sec. 2468. Section 123.137, subsection 1, Code 2023, is
28amended to read as follows:
291. A person holding a class “A” or special class “A” beer
30permit shall, on or before the tenth day of each calendar month
31commencing on the tenth day of the calendar month following
32the month in which the person is issued a beer permit, make a
33report under oath to the division department electronically, or
34in a manner prescribed by the administrator director, showing
35the exact number of barrels of beer, or fractional parts of
-1377-1barrels, sold by the beer permit holder during the preceding
2calendar month. The report shall also state information the
3administrator director requires, and beer permit holders shall
4at the time of filing a report pay to the division department
5 the amount of tax due at the rate fixed in section 123.136.
6 Sec. 2469. Section 123.138, Code 2023, is amended to read
7as follows:
8123.138 Records required — keg identification label.
91. Each class “A” or special class “A” beer permittee shall
10keep proper records showing the amount of beer sold by the
11permittee, and these records shall be at all times open to
12inspection by the administrator director and to other persons
13pursuant to section 123.30, subsection 1. Each retail alcohol
14licensee as described in section 123.30 shall keep proper
15records showing each purchase of beer made by the licensee, and
16the date and the amount of each purchase and the name of the
17person from whom each purchase was made, which records shall be
18open to inspection pursuant to section 123.30, subsection 1,
19during normal business hours of the licensee.
202. a. Each retail alcohol licensee who sells beer for
21off-premises consumption shall affix to each keg of beer an
22identification label provided by the administrator director.
23The label provided shall allow for its full removal when
24common external keg cleaning procedures are performed. For
25the purposes of this subsection, “keg” means all durable and
26disposable containers with a liquid capacity of five gallons or
27more. Each retail alcohol licensee shall also keep a record
28of the identification label number of each keg of beer sold by
29the licensee with the name and address of the purchaser and
30the number of the purchaser’s driver’s license, nonoperator’s
31identification card, or military identification card, if
32the military identification card contains a picture and
33signature. This information shall be retained by the licensee
34for a minimum of ninety days. The records kept pursuant to
35this subsection shall be available for inspection by any law
-1378-1enforcement officer during normal business hours.
2b. (1) The division department shall provide the keg
3identification labels described in paragraph “a” and shall,
4prior to utilizing a label, notify licensed brewers and
5licensed beer importers of the type of label to be utilized.
6Each label shall contain a number and the following statement:
7It is unlawful to sell, give, or otherwise supply any
8alcoholic beverage, wine, or beer to any person under legal
9age. Any person who defaces this label shall be guilty of
10criminal mischief punishable pursuant to section 716.6.
11(2) The identification label shall be placed on the keg at
12the time of retail sale. The licensee shall obtain the labels
13referred to in this subsection from the division department.
14The cost of the labels to licensees shall not exceed the
15division’s department’s cost of producing and distributing
16the labels. The moneys collected by the division department
17 relating to the sale of labels shall be credited to the beer
18and liquor control fund.
19c. The provisions of this subsection shall be implemented
20uniformly throughout the state. The provisions of this
21subsection shall preempt any local county or municipal
22ordinance regarding keg registration or the sale of beer in
23kegs. In addition, a county or municipality shall not adopt or
24continue in effect an ordinance regarding keg registration or
25the sale of beer in kegs.
26 Sec. 2470. Section 123.143, subsection 1, Code 2023, is
27amended to read as follows:
281. All permit fees collected by the division department
29 under this subchapter shall accrue to the beer and liquor
30control fund, except as otherwise provided. All taxes
31collected by the division department under this subchapter
32shall accrue to the state general fund, except as otherwise
33provided.
34 Sec. 2471. Section 123.173, subsection 3, Code 2023, is
35amended to read as follows:
-1379- 13. A class “A” wine permittee shall be required to deliver
2wine to a retail alcohol licensee, and a retail alcohol
3licensee shall be required to accept delivery of wine from a
4class “A” wine permittee, only at the licensed premises of the
5retail alcohol licensee. Except as specifically permitted by
6the division department upon good cause shown, delivery or
7transfer of wine from an unlicensed premises to a licensed
8retail alcohol licensee’s premises, or from one licensed retail
9alcohol licensee’s premises to another licensed retail alcohol
10licensee’s premises, even if there is common ownership of all
11of the premises by one retail permittee, is prohibited.
12 Sec. 2472. Section 123.173A, subsection 2, Code 2023, is
13amended to read as follows:
142. Upon application to the division department and receipt
15of a charity beer, spirits, and wine special event license, an
16authorized nonprofit entity may conduct a charity special event
17subject to the requirements of this section.
18 Sec. 2473. Section 123.173A, subsection 4, paragraph a,
19Code 2023, is amended to read as follows:
20a. The charity event shall be conducted on a premises
21covered by a valid retail alcohol license issued by the
22division department.
23 Sec. 2474. Section 123.173A, subsection 5, paragraph b,
24Code 2023, is amended to read as follows:
25b. The retail alcohol license number issued by the division
26 department for the premises where a charity event is to be
27conducted, if applicable.
28 Sec. 2475. Section 123.174, Code 2023, is amended to read
29as follows:
30123.174 Issuance of wine permits.
31The administrator director shall issue wine permits as
32provided in this chapter, and may suspend or revoke a wine
33permit for cause as provided in this chapter.
34 Sec. 2476. Section 123.175, subsection 1, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1380- 1A person applying for a class “A” wine permit shall submit a
2completed application electronically, or in a manner prescribed
3by the administrator director, which shall set forth under oath
4the following:
5 Sec. 2477. Section 123.175, subsection 1, paragraphs e and
6g, Code 2023, are amended to read as follows:
7e. When required by the administrator director, and in
8such form and containing such information as the administrator
9 director may require, a description of the premises where the
10applicant intends to use the permit, to include a sketch or
11drawing of the premises.
12g. Any other information as required by the administrator
13 director.
14 Sec. 2478. Section 123.175, subsection 2, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16The administrator director shall issue a class “A” wine
17permit to any applicant who establishes all of the following:
18 Sec. 2479. Section 123.175, subsection 2, paragraphs d and
19g, Code 2023, are amended to read as follows:
20d. That the applicant has filed with the division department
21 a basic permit issued by the alcohol and tobacco tax and trade
22bureau of the United States department of the treasury, and
23that the applicant will faithfully observe and comply with all
24the laws, rules, and regulations governing the manufacture and
25sale of wine.
26g. That the applicant has submitted a bond in the amount
27of five thousand dollars in a manner prescribed by the
28administrator director with good and sufficient sureties to be
29approved by the division department conditioned upon compliance
30with this chapter.
31 Sec. 2480. Section 123.176, subsections 1, 2, 7, and 8, Code
322023, are amended to read as follows:
331. Subject to rules of the division department,
34manufacturers of native wines from grapes, cherries, other
35fruits or other fruit juices, vegetables, vegetable juices,
-1381-1dandelions, clover, honey, or any combination of these
2ingredients, holding a class “A” wine permit as required by
3this chapter, may sell, keep, or offer for sale and deliver the
4wine. Notwithstanding section 123.24, subsection 2, paragraph
5“b”, or any other provision of this chapter, manufacturers
6of native wine may obtain and possess grape brandy from the
7division department for the sole purpose of manufacturing wine.
82. Native wine may be sold at retail for off-premises
9consumption when sold on the premises of the manufacturer, or
10in a retail establishment operated by the manufacturer. Sales
11may also be made to class “A” or retail alcohol licensees as
12authorized by sections 123.30 and 123.177. A manufacturer of
13native wines shall not sell the wines other than as permitted
14in this chapter and shall not allow wine sold to be consumed
15upon the premises of the manufacturer. However, prior to
16sale, native wines may be tasted pursuant to the rules of the
17division department on the premises where made, when no charge
18is made for the tasting.
197. A manufacturer may use the space and equipment of another
20manufacturer for the purpose of manufacturing native wine,
21provided that such an alternating proprietorship arrangement
22is approved by the alcohol and tobacco tax and trade bureau
23of the United States department of the treasury. A separate
24class “A” wine permit shall be issued to each manufacturer,
25and each manufacturer shall be subject to the provisions
26of this chapter and the rules of the division department.
27Notwithstanding subsection 5, not more than one class “C”
28retail alcohol license shall be issued to a premises with
29alternating proprietorships.
308. A manufacturer of native wines shall file with the
31division department, on or before the fifteenth day of each
32calendar month, all documents filed with the alcohol and
33tobacco tax and trade bureau of the United States department of
34the treasury, including all wine premises operations and excise
35tax return reports.
-1382-1 Sec. 2481. Section 123.180, subsections 1, 2, and 3, Code
22023, are amended to read as follows:
31. A manufacturer, vintner, bottler, importer, or vendor of
4wine, or an agent thereof, desiring to ship, sell, or have wine
5brought into this state for sale at wholesale by a class “A”
6permittee shall first make application for and shall be issued
7a vintner’s certificate of compliance by the administrator
8 director for that purpose. The vintner’s certificate of
9compliance shall expire at the end of one year from the
10date of issuance and shall be renewed for a like period upon
11application to the administrator director unless otherwise
12revoked for cause. Each completed application for a vintner’s
13certificate of compliance or renewal of a certificate shall
14be submitted electronically, or in a manner prescribed by the
15administrator director, and shall be accompanied by a fee of
16two hundred dollars payable to the division department. Each
17holder of a vintner’s certificate of compliance shall furnish
18the information required by the administrator director in the
19form the administrator director requires. A vintner or wine
20bottler whose plant is located in Iowa and who otherwise holds
21a class “A” wine permit to sell wine at wholesale is exempt
22from the fee, but not the other terms and conditions. The
23holder of a vintner’s certificate of compliance may also hold a
24class “A” wine permit.
252. At the time of applying for a vintner’s certificate
26of compliance, each applicant shall file with the division
27 department a list of all class “A” wine permittees with
28whom it intends to do business. The listing of class “A”
29wine permittees as filed with the division department shall
30be amended by the holder of the certificate of compliance
31as necessary to keep the listing current with the division
32 department.
333. All class “A” wine permit holders shall sell only those
34brands of wine which are manufactured, bottled, fermented,
35shipped, or imported by a person holding a current vintner’s
-1383-1certificate of compliance. An employee or agent working for
2or representing the holder of a vintner’s certificate of
3compliance within this state shall register the employee’s
4or agent’s name and address with the division department.
5These names and addresses shall be filed with the division’s
6 department’s copy of the certificate of compliance issued
7except that this provision does not require the listing of
8those persons who are employed on the premises of a bottling
9plant, or winery where wine is manufactured, fermented,
10or bottled in Iowa or the listing of those persons who are
11thereafter engaged in the transporting of the wine.
12 Sec. 2482. Section 123.184, Code 2023, is amended to read
13as follows:
14123.184 Report of gallonage sales — penalty.
151. Each class “A” wine permit holder on or before the
16tenth day of each calendar month commencing on the tenth day
17of the calendar month following the month in which the person
18is issued a permit, shall make a report under oath to the
19division department electronically, or in a manner prescribed
20by the administrator director, showing the exact number of
21gallons of wine and fractional parts of gallons sold by that
22permit holder during the preceding calendar month. The report
23also shall state whatever reasonable additional information
24the administrator director requires. The permit holder at
25the time of filing this report shall pay to the division
26 department the amount of tax due at the rate fixed in section
27123.183. A penalty of ten percent of the amount of the tax
28shall be assessed and collected if the report required to be
29filed pursuant to this subsection is not filed and the tax paid
30within the time required by this subsection.
312. Each wine direct shipper license holder shall make a
32report under oath to the division department electronically,
33or in a manner prescribed by the administrator director, on
34or before the tenth day of the calendar months of June and
35December, showing the exact number of gallons of wine and
-1384-1fractional parts of gallons sold and shipped pursuant to
2section 123.187 during the preceding six-month calendar period.
3The report shall also state whatever reasonable additional
4information the administrator director requires. The license
5holder at the time of filing this report shall pay to the
6division department the amount of tax due at the rate fixed
7in section 123.183. A penalty of ten percent of this amount
8shall be assessed and collected if the report required to be
9filed pursuant to this subsection is not filed and the tax paid
10within the time required by this subsection.
11 Sec. 2483. Section 123.186, subsections 1 and 2, Code 2023,
12are amended to read as follows:
131. The division department shall adopt as rules the
14substance of the federal regulations 27 C.F.R. pt.6, 27 C.F.R.
15pt.8, 27 C.F.R. pt.10, and 27 C.F.R. pt.11.
162. The division department shall adopt as rules the
17substance of 27 C.F.R. §6.88, to permit a manufacturer of
18alcoholic beverages, wine, or beer, or an agent of such
19manufacturer, to provide to a retailer without charge wine and
20beer coil cleaning services, including carbon dioxide filters
21and other necessary accessories to properly clean the coil and
22affix carbon dioxide filters. The rules shall provide that the
23manufacturer shall be responsible for paying the costs of any
24filters provided.
25 Sec. 2484. Section 123.187, subsection 2, paragraphs b and
26d, Code 2023, are amended to read as follows:
27b. A wine manufacturer applying for a wine direct
28shipper permit shall submit an application for the permit
29electronically, or in a manner prescribed by the administrator
30 director, accompanied by a true copy of the manufacturer’s
31current alcoholic beverage license or permit issued by the
32state where the manufacturer is primarily located and a copy
33of the manufacturer’s basic permit issued by the alcohol and
34tobacco tax and trade bureau of the United States department of
35the treasury.
-1385- 1d. A permit issued pursuant to this section may be
2renewed annually by submitting a renewal application with
3the administrator director in a manner prescribed by the
4administrator director, accompanied by the twenty-five dollar
5permit fee.
6 Sec. 2485. Section 123.187, subsection 3, paragraph c, Code
72023, is amended to read as follows:
8c. All containers of wine shipped directly to a resident
9of this state shall be conspicuously labeled with the words
10“CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
11REQUIRED FOR DELIVERY” or shall be conspicuously labeled with
12alternative wording preapproved by the administrator director.
13 Sec. 2486. Section 123.187, subsections 4 and 5, Code 2023,
14are amended to read as follows:
154. A wine direct shipper permittee shall remit to the
16division department an amount equivalent to the wine gallonage
17tax on wine subject to direct shipment at the rate specified
18in section 123.183 for deposit as provided in section 123.183,
19subsections 2 and 3. The amount shall be remitted at the time
20and in the manner provided in section 123.184, subsection
212, and the ten percent penalty specified therein shall be
22applicable.
235. A wine direct shipper permittee shall be deemed to have
24consented to the jurisdiction of the division department or any
25other agency or court in this state concerning enforcement of
26this section and any related laws, rules, or regulations. A
27permit holder shall allow the division department to perform an
28audit of shipping records upon request.
29 Sec. 2487. Section 123.188, subsections 1, 2, and 3, Code
302023, are amended to read as follows:
311. A person desiring to deliver wine subject to direct
32shipment within this state pursuant to section 123.187 shall
33submit an application for a wine carrier permit electronically,
34or in a manner prescribed by the administrator director, which
35shall be accompanied by a fee in the amount of one hundred
-1386-1dollars.
22. The administrator director may in accordance with this
3chapter issue a wine carrier permit which shall be valid
4for one year from the date of issuance unless it is sooner
5suspended or revoked for a violation of this chapter.
63. A permit issued pursuant to this section may be
7renewed annually by submitting a renewal application with
8the administrator director in a manner prescribed by the
9administrator director, accompanied by the one hundred dollar
10permit fee.
11 Sec. 2488. Section 123.188, subsection 4, paragraph c, Code
122023, is amended to read as follows:
13c. A wine carrier permittee shall maintain records of wine
14shipped which include the permit number and name of the wine
15manufacturer, quantity of wine shipped, recipient’s name and
16address, and an electronic or paper form of signature from
17the recipient of the wine. Records shall be submitted to the
18division department on a monthly basis in a form and manner to
19be determined by the division department.
20 Sec. 2489. Section 321.19, subsection 1, paragraph c,
21subparagraph (3), Code 2023, is amended to read as follows:
22(3) Persons in the department of justice, the alcoholic
23beverages division of the department of commerce, disease
24investigators of the Iowa department of public health, the
25department of inspections and appeals, and the department of
26revenue, who are regularly assigned to conduct investigations
27which cannot reasonably be conducted with a vehicle displaying
28“official” state registration plates.
29 Sec. 2490. Section 453A.2, subsections 4, 6, and 7, Code
302023, are amended to read as follows:
314. The alcoholic beverages division of the department of
32commerce, a county, or a city may directly enforce this section
33in district court and initiate proceedings pursuant to section
34453A.22 before a permit-issuing authority which issued the
35permit against a permit holder violating this section.
-1387- 16. If a county or a city has not assessed a penalty pursuant
2to section 453A.22, subsection 2, for a violation of subsection
31, within sixty days of the adjudication of the violation,
4the matter shall be transferred to and be the exclusive
5responsibility of the alcoholic beverages division of the
6 department of commerce. Following transfer of the matter, if
7the violation is contested, the alcoholic beverages division
8of the department of commerce shall request an administrative
9hearing before an administrative law judge, assigned by the
10division of administrative hearings of the department of
11inspections and appeals in accordance with the provisions of
12section 10A.801, to adjudicate the matter pursuant to chapter
1317A.
147. A tobacco compliance employee training fund is
15created in the office of the treasurer of state. The fund
16shall consist of civil penalties assessed by the alcoholic
17beverages division of the department of commerce under
18section 453A.22 for violations of this section. Moneys in
19the fund are appropriated to the alcoholic beverages division
20of the department of commerce and shall be used to develop
21and administer the tobacco compliance employee training
22program under section 453A.5. Moneys deposited in the fund
23shall not be transferred, used, obligated, appropriated, or
24otherwise encumbered except as provided in this subsection.
25Notwithstanding section 8.33, any unexpended balance in the
26fund at the end of the fiscal year shall be retained in the
27fund.
28 Sec. 2491. Section 453A.5, subsection 1, Code 2023, is
29amended to read as follows:
301. The alcoholic beverages division of the department of
31commerce shall develop a tobacco compliance employee training
32program not to exceed two hours in length for employees and
33prospective employees of retailers, as defined in sections
34453A.1 and 453A.42, to inform the employees about state and
35federal laws and regulations regarding the sale of tobacco,
-1388-1tobacco products, alternative nicotine products, vapor
2products, and cigarettes to persons under twenty-one years of
3age and compliance with and the importance of laws regarding
4the sale of tobacco, tobacco products, alternative nicotine
5products, vapor products, and cigarettes to persons under
6twenty-one years of age.
7 Sec. 2492. Section 453A.13, subsection 2, paragraph c, Code
82023, is amended to read as follows:
9c. The department, or a A city or county, shall submit
10a duplicate of any application for a retail permit to the
11alcoholic beverages division of the department of commerce
12 within thirty days of the issuance. The alcoholic beverages
13division of the department of commerce shall submit the current
14list of all retail permits issued to the Iowa department of
15public health by the last day of each quarter of a state fiscal
16year.
17 Sec. 2493. Section 453A.22, subsection 2, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19If a retailer or employee of a retailer has violated section
20453A.2 or section 453A.36, subsection 6, the department or
21local authority, or the alcoholic beverages division of the
22 department of commerce following transfer of the matter to the
23alcoholic beverages division of the department of commerce
24 pursuant to section 453A.2, subsection 6, in addition to the
25other penalties fixed for such violations in this section,
26shall assess a penalty upon the same hearing and notice as
27prescribed in subsection 1 as follows:
28 Sec. 2494. Section 453A.22, subsection 6, Code 2023, is
29amended to read as follows:
306. The department or local authority shall report the
31suspension or revocation of a retail permit under this section
32to the alcoholic beverages division of the department of
33commerce within thirty days of the suspension or revocation of
34the retail permit.
35 Sec. 2495. Section 453A.47A, subsection 6, Code 2023, is
-1389-1amended to read as follows:
26. Issuance. Cities may issue retail permits to retailers
3located within their respective limits. County boards of
4supervisors may issue retail permits to retailers located in
5their respective counties, outside of the corporate limits of
6cities. The city or county shall submit a duplicate of any
7application for a retail permit to the alcoholic beverages
8division of the department of commerce within thirty days of
9issuance of a permit. The alcoholic beverages division of the
10 department of commerce shall submit the current list of all
11retail permits issued to the Iowa department of public health
12by the last day of each quarter of a state fiscal year.
13 Sec. 2496. Section 455C.3, subsections 2 and 5, Code 2023,
14are amended to read as follows:
152. A distributor shall accept and pick up from a
16participating dealer served by the distributor or a redemption
17center for a dealer served by the distributor at least weekly,
18or when the distributor delivers the beverage product if
19deliveries are less frequent than weekly, any empty beverage
20container of the kind, size, and brand sold by the distributor,
21and shall pay to the participating dealer or redemption center
22the refund value of a beverage container and the reimbursement
23as provided under section 455C.2 within one week following
24pickup of the containers or when the participating dealer
25normally pays the distributor for the deposit on beverage
26products purchased from the distributor if less frequent than
27weekly. A distributor or employee or agent of a distributor is
28not in violation of this subsection if a redemption center is
29closed when the distributor attempts to make a regular pickup
30of empty beverage containers. This subsection does not apply
31to a distributor selling alcoholic liquor to the alcoholic
32beverages division of the department of commerce revenue.
335. The alcoholic beverages division of the department
34of commerce revenue shall provide for the disposal of
35empty beverage containers as required under subsection
-1390-12. The division department of revenue shall give priority
2consideration to the recycling of the empty beverage containers
3to the extent possible, before any other appropriate disposal
4method is considered or implemented.
5CONFORMING CHANGES
6 Sec. 2497. Section 7E.5, subsection 1, paragraph c, Code
72023, is amended to read as follows:
8c. The department of revenue, created in section 421.2,
9which has primary responsibility for revenue collection
10and revenue law compliance, the Iowa lottery, and alcoholic
11beverage control.
12 Sec. 2498. Section 421.17, Code 2023, is amended by adding
13the following new subsection:
14 NEW SUBSECTION. 39. Administer chapters 99G and 123.
15 Sec. 2499. REPEAL. Section 546.9, Code 2023, is repealed.
16DIVISION XIII
17DEPARTMENT FOR THE BLIND
18 Sec. 2500. Section 216B.2, subsection 1, Code 2023, is
19amended to read as follows:
201. The commission for the blind is established consisting
21of three members appointed by the governor, subject to
22confirmation by the senate. Members of the commission shall
23serve three-year terms beginning and ending as provided in
24section 69.19. The members of the commission shall appoint
25officers for the commission. A majority of the members of the
26commission shall constitute a quorum.
27 Sec. 2501. NEW SECTION. 216B.3A Director — duties.
281. The director of the department shall be appointed by
29the governor, subject to confirmation by the senate, and shall
30serve at the pleasure of the governor. The governor shall set
31the salary of the director within the applicable salary range
32established by the general assembly.
332. The director shall be the executive officer of the
34commission and shall be responsible for implementing policy set
35by the commission. The director shall carry out programs and
-1391-1policies as determined by the commission.
2 Sec. 2502. Section 216B.5, Code 2023, is amended to read as
3follows:
4216B.5 Commission employees.
5The commission may employ staff who shall be qualified by
6experience to assume the responsibilities of the offices. The
7director shall be the administrative officer of the commission
8and shall be responsible for implementing policy set by the
9commission. The director shall carry out programs and policies
10as determined by the commission.
11DIVISION XIV
12DEPARTMENT OF EDUCATION
13IOWA BRAILLE AND SIGHT SAVING SCHOOL AND IOWA SCHOOL FOR THE
14DEAF
15 Sec. 2503. Section 70A.14, subsection 3, paragraph c, Code
162023, is amended by striking the paragraph.
17 Sec. 2504. Section 70A.17A, subsection 1, paragraph
18d, subparagraph (3), Code 2023, is amended by striking the
19subparagraph.
20 Sec. 2505. NEW SECTION. 256.95 Iowa braille and sight
21saving school and Iowa school for the deaf.
22The department shall do all of the following:
231. Govern the Iowa braille and sight saving school.
242. Govern the Iowa school for the deaf.
253. Establish a hall of fame for distinguished graduates at
26the Iowa braille and sight saving school and at the Iowa school
27for the deaf.
28 Sec. 2506. NEW SECTION. 256.103 Employees — contracts —
29termination and discharge procedures.
30Sections 279.12 through 279.19 and section 279.27 apply
31to employees of the Iowa braille and sight saving school and
32the Iowa school for the deaf, who are licensed pursuant to
33subchapter VII, part 3. In following those sections in chapter
34279, the references to boards of directors of school districts
35shall be interpreted to apply to the department.
-1392-1 Sec. 2507. NEW SECTION. 256.104 Students residing on
2state-owned land.
3The department shall pay to the local school boards the
4tuition payments and transportation costs, as otherwise
5authorized by statutes for the elementary or high school
6education of students residing on land owned by the state and
7under the control of the department. Such payments shall be
8made from moneys appropriated to the department.
9 Sec. 2508. NEW SECTION. 256.105 Transfer of a student to
10the university of Iowa hospitals and clinics.
11The department may send any student of the Iowa braille
12and sight saving school or the Iowa school for the deaf to
13the university of Iowa hospitals and clinics for treatment
14and care. The department shall pay the traveling expenses of
15such student, and when necessary the traveling expenses of an
16attendant for the student, out of funds appropriated for the
17use of the department.
18 Sec. 2509. NEW SECTION. 256.107 Administrative rules.
19The state board shall adopt rules pursuant to chapter 17A to
20administer this subchapter.
21 Sec. 2510. Section 256B.2, subsection 2, paragraph c, Code
222023, is amended to read as follows:
23c. For those children who cannot adapt to the regular
24educational or home living conditions, and who are attending
25facilities under chapters chapter 263, 269, and 270 or chapter
26256, subchapter V, upon the request of the board of directors
27of an area education agency, the department of human services
28shall provide residential or detention facilities and the area
29education agency shall provide special education programs and
30services. The area education agencies shall cooperate with
31the board of regents department of education to provide the
32services required by this chapter.
33 Sec. 2511. Section 256B.10, subsection 1, paragraph a, Code
342023, is amended to read as follows:
35a. The department of education shall work with the state
-1393-1 Iowa school for the deaf, the area education agencies, school
2districts, and the early hearing detection and intervention
3program in the Iowa department of public health for purposes
4of coordinating, developing, and disseminating resources for
5use by parents or guardians, early hearing detection and
6intervention programs, the state Iowa school for the deaf,
7area education agencies, school districts, and accredited
8nonpublic schools to inform deaf and hard-of-hearing children’s
9expressive and receptive language acquisition or development.
10 Sec. 2512. Section 256B.10, subsection 1, paragraph b,
11unnumbered paragraph 1, Code 2023, is amended to read as
12follows:
13The duties of the department of education shall, at a
14minimum, include all of the following:
15 Sec. 2513. Section 256B.10, subsection 3, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17The department of education, in consultation with the state
18 Iowa school for the deaf, the area education agencies, school
19districts, and the early hearing detection and intervention
20program in the Iowa department of public health, shall select
21existing tools or assessments that may be used by qualified
22educators to assess American sign language and English language
23and literacy development of deaf and hard-of-hearing children
24from birth through age eight.
25 Sec. 2514. Section 256B.10, subsections 4 and 7, Code 2023,
26are amended to read as follows:
274. The department of education shall disseminate the parent
28resource developed pursuant to this section to parents and
29guardians of deaf and hard-of-hearing children and, consistent
30with federal law, shall disseminate the educator tools and
31assessments selected pursuant to subsection 3 to early hearing
32detection and intervention programs, area education agencies,
33school districts, accredited nonpublic schools, and the
34state Iowa school for the deaf for use in the development and
35modification of individualized family service or individualized
-1394-1education program plans, and shall provide materials and
2training on the use of such materials to assist deaf and
3hard-of-hearing children in kindergarten readiness using
4American sign language or English, or both, from birth through
5age eight.
67. The department of education shall annually compile,
7and publish on the department’s internet site, a report using
8existing data reported in compliance with the state performance
9plan on pupils with disabilities, required under federal law,
10that is specific to language and literacy development in deaf
11and hard-of-hearing children from birth through age eight,
12including those children who are deaf or hard of hearing and
13have other disabilities, relative to the children’s peers who
14are not deaf or hard of hearing.
15 Sec. 2515. Section 256B.10, subsection 5, paragraphs a, b,
16and e, Code 2023, are amended to read as follows:
17a. If moneys are appropriated by the general assembly for
18a fiscal year for the purpose provided in this subsection,
19the department of education shall develop guidelines for a
20comprehensive family support mentoring program that meets the
21language and communication needs of families.
22b. The department of education shall work with the early
23hearing detection and intervention program in the Iowa
24department of public health, the state Iowa school for the
25deaf, and the area education agencies when developing the
26guidelines. The department of education, in consultation with
27the Iowa school for the deaf, shall administer the family
28support mentoring program for deaf or hard-of-hearing children.
29e. The department of education shall coordinate family
30support mentoring activities with the early hearing detection
31and intervention program in the Iowa department of public
32health, the state Iowa school for the deaf, the area education
33agencies, and nonprofit organizations that provide family
34support mentoring to parents with deaf or hard-of-hearing
35children.
-1395-1 Sec. 2516. Section 256B.10, subsection 5, paragraph d,
2unnumbered paragraph 1, Code 2023, is amended to read as
3follows:
4In establishing the family support mentoring program, the
5department of education may do all of the following:
6 Sec. 2517. Section 261E.2, subsection 8, Code 2023, is
7amended to read as follows:
88. “Student” means any individual enrolled in grades nine
9through twelve in a school district who meets the criteria in
10section 261E.3, subsection 1. “Student” includes an individual
11attending an accredited nonpublic school or the Iowa school
12for the deaf or the Iowa braille and sight saving school for
13purposes of sections 261E.4 and 261E.6.
14 Sec. 2518. Section 261E.6, subsections 3, 4, and 6, Code
152023, are amended to read as follows:
163. Authorization. To participate in this program, an
17eligible student shall make application to an eligible
18postsecondary institution to allow the eligible student to
19enroll for college credit in a nonsectarian course offered at
20the institution. A comparable course, as defined in rules
21adopted by the board of directors of the school district
22consistent with department administrative rule, must not be
23offered by the school district or accredited nonpublic school
24the student attends. A course is ineligible for purposes
25of this section if the school district has a contractual
26agreement with the eligible postsecondary institution under
27section 261E.8 that meets the requirements of section 257.11,
28subsection 3, and the course may be delivered through such an
29agreement in accordance with section 257.11, subsection 3.
30If the postsecondary institution accepts an eligible student
31for enrollment under this section, the institution shall send
32written notice to the student, the student’s parent or legal
33guardian in the case of a minor child, and the student’s school
34district or accredited nonpublic school and the school district
35in the case of a nonpublic school student, or the Iowa school
-1396-1for the deaf or the Iowa braille and sight saving school. The
2notice shall list the course, the clock hours the student will
3be attending the course, and the number of hours of college
4credit that the eligible student will receive from the eligible
5postsecondary institution upon successful completion of the
6course.
74. Credits.
8a. A school district, the Iowa school for the deaf, the
9Iowa braille and sight saving school, or accredited nonpublic
10school shall grant high school credit to an eligible student
11enrolled in a course under this chapter if the eligible student
12successfully completes the course as determined by the eligible
13postsecondary institution. The board of directors of the
14school district, the board of regents department of education
15 for the Iowa school for the deaf and the Iowa braille and
16sight saving school, or authorities in charge of an accredited
17nonpublic school shall determine the number of high school
18credits that shall be granted to an eligible student who
19successfully completes a course. Eligible students may take
20up to seven semester hours of credit during the summer months
21when school is not in session and receive credit for that
22attendance, if the student pays the cost of attendance for
23those summer credit hours.
24b. The high school credits granted to an eligible
25student under this section shall count toward the graduation
26requirements and subject area requirements of the school
27district of residence, the Iowa school for the deaf, the Iowa
28braille and sight saving school, or accredited nonpublic school
29of the eligible student. Evidence of successful completion
30of each course and high school credits and college credits
31received shall be included in the student’s high school
32transcript.
336. Definition. For purposes of this section and section
34261E.7, unless the context otherwise requires, “eligible
35student” means a student classified by the board of directors
-1397-1of a school district, by the state board of regents department
2of education for pupils of the Iowa school for the deaf and the
3Iowa braille and sight saving school, or by the authorities
4in charge of an accredited nonpublic school as a ninth or
5tenth grade student who is identified according to the school
6district’s gifted and talented criteria and procedures,
7pursuant to section 257.43, as a gifted and talented child,
8or an eleventh or twelfth grade student, during the period
9the student is participating in the postsecondary enrollment
10options program.
11 Sec. 2519. Section 261E.7, subsection 1, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13Not later than June 30 of each year, a school district
14shall pay a tuition reimbursement amount to a postsecondary
15institution that has enrolled its resident eligible
16students under this chapter, unless the eligible student is
17participating in open enrollment under section 282.18, in which
18case, the tuition reimbursement amount shall be paid by the
19receiving district. However, if a child’s residency changes
20during a school year, the tuition shall be paid by the district
21in which the child was enrolled as of the date specified in
22section 257.6, subsection 1, or the district in which the child
23was counted under section 257.6, subsection 1, paragraph “a”,
24subparagraph (6). For students enrolled at the Iowa school
25for the deaf and the Iowa braille and sight saving school,
26the state board of regents department of education shall pay
27a tuition reimbursement amount by June 30 of each year. The
28amount of tuition reimbursement for each separate course shall
29equal the lesser of:
30 Sec. 2520. Section 262.7, subsections 4 and 5, Code 2023,
31are amended by striking the subsections.
32 Sec. 2521. Section 262.9, subsection 2, Code 2023, is
33amended to read as follows:
342. Elect a president of each of the institutions of higher
35learning; a superintendent of each of the other institutions;
-1398-1 a treasurer and a secretarial officer for each institution
2annually; professors, instructors, officers, and employees;
3and fix their compensation. Sections 279.12 through 279.19
4 and section 279.27 apply to employees of the Iowa braille and
5sight saving school and the Iowa school for the deaf, who are
6licensed pursuant to chapter 272. In following those sections
7in chapter 279, the references to boards of directors of
8school districts shall be interpreted to apply to the board of
9regents.
10 Sec. 2522. Section 262.9, subsection 21, Code 2023, is
11amended by striking the subsection.
12 Sec. 2523. Section 262.43, Code 2023, is amended to read as
13follows:
14262.43 Students residing on state-owned land.
15The state board of regents shall pay to the local school
16boards the tuition payments and transportation costs, as
17otherwise authorized by statutes for the elementary or high
18school education of students residing on land owned by the
19state and under the control of the state board of regents.
20Such payments for the three institutions of higher learning,
21the state university of Iowa, the Iowa state university of
22science and technology, and the university of northern Iowa,
23shall be made from the funds of the respective institutions
24other than state appropriations, and for the two noncollegiate
25institutions, the Iowa braille and sight saving school and the
26Iowa school for the deaf, the payments and costs shall be paid
27from moneys appropriated to the state board of regents.
28 Sec. 2524. Section 263.21, Code 2023, is amended to read as
29follows:
30263.21 Transfer of patients from state institutions.
31The director of the department of human services, in respect
32to institutions under the director’s control, the administrator
33of any of the divisions of the department, in respect to
34the institutions under the administrator’s control, and the
35director of the department of corrections, in respect to the
-1399-1institutions under the department’s control, and the state
2board of regents, in respect to the Iowa braille and sight
3saving school and the Iowa school for the deaf, may send any
4inmate, student, or patient of an institution, or any person
5committed or applying for admission to an institution, to the
6university of Iowa hospitals and clinics for treatment and
7care. The department of human services, and the department of
8corrections, and the state board of regents shall respectively
9pay the traveling expenses of such patient, and when necessary
10the traveling expenses of an attendant for the patient, out of
11funds appropriated for the use of the institution from which
12the patient is sent.
13 Sec. 2525. Section 269.1, Code 2023, is amended to read as
14follows:
15269.1 Admission — Iowa braille and sight saving school.
16Any resident of the state under twenty-one years of age who
17has a visual disability too severe to acquire a satisfactory
18education in a regular educational environment shall be
19entitled to an education in the Iowa braille and sight saving
20school at the expense of the state. Nonresidents also may
21be admitted to the Iowa braille and sight saving school if
22their presence would not be prejudicial to the interests of
23residents, upon such terms as may be fixed by the state board
24of regents department.
25 Sec. 2526. Section 270.3, Code 2023, is amended to read as
26follows:
27270.3 Admission — Iowa school for the deaf.
28Any resident of the state less than twenty-one years of
29age who has a hearing loss which is too severe to acquire an
30education in the public schools is eligible to attend the Iowa
31school for the deaf. Nonresidents similarly situated may be
32admitted to an education therein the Iowa school for the deaf
33 upon such terms as may be fixed by the state board of regents
34 department. The fee for nonresidents shall be set by the state
35board of regents department.
-1400-1 Sec. 2527. Section 270.4, Code 2023, is amended to read as
2follows:
3270.4 Clothing and prescriptions.
4The superintendent of the Iowa school for the deaf shall
5provide students, who would otherwise be without, with clothing
6or prescription refills, and shall bill the student’s parent
7or guardian, if the student is a minor, or the student if the
8student has attained the age of majority, for any clothing or
9prescription refills provided. The bill shall be presumptive
10evidence in all courts.
11 Sec. 2528. Section 270.8, Code 2023, is amended to read as
12follows:
13270.8 Residence during vacation.
14The residence of indigent or homeless children may, by order
15of the state board of regents department, be continued during
16vacation months.
17 Sec. 2529. Section 270.9, Code 2023, is amended to read as
18follows:
19270.9 Iowa school for the deaf and the Iowa braille and sight
20saving school — transportation reimbursement.
21Funds appropriated to the Iowa school for the deaf and
22the Iowa braille and sight saving school for payments to the
23parents or guardians of pupils in either institution shall be
24expended as follows:
251. Transportation reimbursement at a rate established
26annually by the state board of regents department to the
27parents or guardians of children who do not reside in the
28institution, but are transported to the institution on a daily
29basis.
302. Transportation reimbursement at a rate established
31annually by the state board of regents department to the
32parents or guardians for transportation from the institution
33to the residence of the parent or guardian and return to the
34institution for children who reside in the institution.
35 Sec. 2530. Section 331.381, subsection 9, Code 2023, is
-1401-1amended to read as follows:
29. Comply with chapters 269 and 270 chapter 256, subchapter
3V, in regard to the payment of costs for pupils at the Iowa
4braille and sight saving school and the Iowa school for the
5deaf.
6 Sec. 2531. REPEAL. Section 270.10, Code 2023, is repealed.
7 Sec. 2532. CODE EDITOR DIRECTIVE.
81. The Code editor is directed to make the following
9transfers:
10a. Section 256B.10 to section 256.106.
11b. Section 269.1 to section 256.96.
12c. Section 269.2 to section 256.97.
13d. Section 270.1 to section 256.99.
14e. Section 270.3 to section 256.98.
15f. Section 270.4 to section 256.100.
16g. Section 270.8 to section 256.101.
17h. Section 270.9 to section 256.102.
182. The Code editor shall correct internal references in the
19Code and in any enacted legislation as necessary due to the
20enactment of this section.
213. The Code editor may designate sections 256.95 through
22256.107, as amended or enacted in this division of this Act, as
23new subchapter V within chapter 256, entitled “Iowa braille and
24sight saving school and Iowa school for the deaf”.
25 Sec. 2533. TRANSITION PROVISIONS.
261. The property and records in the custody of the state
27board of regents relating to the Iowa braille and sight saving
28school, the Iowa school for the deaf, the hall of fame for
29distinguished graduates at the Iowa braille and sight saving
30school, and the hall of fame for distinguished graduates at the
31Iowa school for the deaf shall be transferred to the department
32of education.
332. All employees of the Iowa braille and sight saving school
34established pursuant to chapter 269 and the Iowa school for the
35deaf established pursuant to chapter 270 shall be considered
-1402-1employees of the department of education on the effective date
2of this division of this Act without incurring any loss in
3salary, benefits, or accrued years of service.
4INNOVATION DIVISION
5 Sec. 2534. Section 268.7, Code 2023, is amended to read as
6follows:
7268.7 Science, Innovation division — science, technology,
8engineering, and mathematics collaborative initiative.
91. The innovation division of the department of education
10is created. The chief administrative officer of the division
11is the administrator who shall be a highly qualified science,
12technology, engineering, and mathematics advocate and shall be
13appointed by the director.
142. The administrator shall do all of the following:
15a. Direct and organize the activities of the division,
16including the science, technology, engineering, and mathematics
17collaborative initiative created in subsection 3.
18b. Control all property of the division.
19c. Perform other duties imposed by law.
201. 3. A science, technology, engineering, and mathematics
21collaborative initiative is established at the university of
22northern Iowa within the innovation division for purposes
23of supporting activities directly related to recruitment of
24prekindergarten through grade twelve mathematics and science
25teachers for ongoing mathematics and science programming for
26students enrolled in prekindergarten through grade twelve.
272. 4. The collaborative initiative shall prioritize
28student interest in achievement in science, technology,
29engineering, and mathematics; reach every student and teacher
30in every school district in the state; identify, recruit,
31prepare, and support the best mathematics and science teachers;
32and sustain exemplary programs through the university’s Iowa
33mathematics and science education partnership. The university
34 innovation division shall collaborate with the community
35colleges to develop science, technology, engineering, and
-1403-1mathematics professional development programs for community
2college instructors and for purposes of science, technology,
3engineering, and mathematics curricula development.
43. 5. Subject to an appropriation of funds moneys by the
5general assembly, the initiative innovation division shall
6administer the following:
7a. Regional science, technology, engineering, and
8mathematics networks for Iowa, the purpose of which is to
9equalize science, technology, engineering, and mathematics
10education enrichment opportunities available to learners
11statewide. The initiative innovation division shall establish
12six geographically similar regional science, technology,
13engineering, and mathematics networks across Iowa that
14complement and leverage existing resources, including but
15not limited to extension service assets, area education
16agencies, state accredited postsecondary institutions,
17informal educational centers, school districts, economic
18development zones, and existing public and private science,
19technology, engineering, and mathematics partnerships. Each
20network shall be managed by a highly qualified science,
21technology, engineering, and mathematics advocate positioned
22at a network hub to be determined through a competitive
23application process. Oversight for each regional network
24shall be provided by a regional advisory board. Members of
25the board shall be appointed by the governor. The membership
26shall represent prekindergarten through grade twelve school
27districts and schools, and higher education, business,
28nonprofit organizations, youth agencies, and other appropriate
29stakeholders.
30b. A focused array of the best science, technology,
31engineering, and mathematics enrichment opportunities, selected
32through a competitive application process, that can be expanded
33to meet future needs. A limited, focused list of selected
34exemplary programs shall be made available to each regional
35network.
-1404- 1c. Statewide science, technology, engineering, and
2mathematics programming designed to increase participation of
3students and teachers in successful learning experiences; to
4increase the number of science, technology, engineering, and
5mathematics-related teaching majors offered by the state’s
6universities; to elevate public awareness of the opportunities;
7and to increase collaboration and partnerships.
84. 6. The initiative innovation division shall evaluate the
9effectiveness of programming to document best practices.
107. The state board shall adopt rules pursuant to chapter 17A
11to administer this section.
12 Sec. 2535. CODE EDITOR DIRECTIVE.
131. The Code editor is directed to make the following
14transfer:
15Section 268.7 to section 256.111.
162. The Code editor shall correct internal references in the
17Code and in any enacted legislation as necessary due to the
18enactment of this section.
193. The Code editor may designate section 256.111, as enacted
20in this division of this Act, as new subchapter VI within
21chapter 256, entitled “Innovation Division”.
22 Sec. 2536. TRANSITION PROVISIONS.
231. The property and records in the custody of the state
24board of regents or the university of northern Iowa relating
25to the science, technology, engineering, and mathematics
26collaborative initiative shall be transferred to the department
27of education on or before the effective date of this division
28of this Act.
292. All employees of the university of northern Iowa whose
30primary workplace is located at the university of northern Iowa
31under the science, technology, engineering, and mathematics
32collaborative initiative established pursuant to section 268.7
33shall be considered employees of the innovation division of the
34department of education on the effective date of this division
35of this Act without incurring any loss in salary, benefits, or
-1405-1accrued years of service.
23. The state board of regents and the university of
3northern Iowa shall assist the department of education in
4implementing this division of this Act by providing for an
5effective transition of powers and duties from one entity
6to another under section 268.7, chapters 256 and 262, and
7related administrative rules. To the extent requested by
8the department of education, such assistance shall include
9assisting in cooperating with federal agencies such as the
10United States department of education.
114. Any contract issued or entered into by the state board
12of regents or the university of northern Iowa relating to the
13provisions of section 268.7, in effect on the effective date
14of this division of this Act, shall continue in full force and
15effect pending transfer of such contract to the innovation
16division of the department of education.
175. Federal funds utilized by the state board of regents or
18the university of northern Iowa prior to the effective date of
19this division of this Act to employ personnel necessary for
20the administration of the science, technology, engineering,
21and mathematics collaborative initiative established pursuant
22to section 268.7 shall be applied to and be available for the
23transfer of such personnel from the state board of regents or
24the university of northern Iowa to the innovation division of
25the department of education.
26HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES
27 Sec. 2537. Section 256.1, subsection 1, Code 2023, is
28amended by adding the following new paragraphs:
29 NEW PARAGRAPH. g. The Iowa braille and sight saving school.
30 NEW PARAGRAPH. h. The Iowa school for the deaf.
31 NEW PARAGRAPH. i. The science, technology, engineering,
32and mathematics collaborative initiative within the innovation
33division of the department.
34 NEW PARAGRAPH. j. The college student aid commission within
35the higher education division of the department.
-1406-1 NEW PARAGRAPH. k. The board of educational examiners within
2the higher education division of the department.
3 NEW PARAGRAPH. l. Career and technical education programs
4offered by school districts or community colleges.
5 Sec. 2538. Section 256.7, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7Except for the college student aid commission, higher
8education division; the bureaus, boards, and commissions within
9the higher education division; the commission of libraries and
10division of library services,; and the public broadcasting
11board and division, the state board shall:
12 Sec. 2539. Section 256.9, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14Except for the college student aid commission, higher
15education division; the bureaus, boards, and commissions within
16the higher education division; the commission of libraries and
17division of library services,; and the public broadcasting
18board and division, the director shall:
19 Sec. 2540. NEW SECTION. 256.121 Higher education division
20created.
211. The higher education division of the department of
22education is created. The chief administrative officer of the
23division is the administrator who shall be appointed by the
24director.
252. The administrator shall do all of the following:
26a. Administer and coordinate all of the following bureaus,
27boards, and commissions within the higher education division:
28(1) The career and technical education bureau under part 2.
29(2) The board of educational examiners under part 3.
30(3) The college student aid commission under part 4.
31(4) The community colleges bureau under chapter 260C.
32b. Direct and organize the activities of the division.
33c. Control all property of the division.
34d. Hire and control the personnel employed by the division,
35including personnel under the control of the board of
-1407-1educational examiners or the college student aid commission.
2e. Perform other duties imposed by law.
3 Sec. 2541. CODE EDITOR DIRECTIVE. The Code editor may
4designate section 256.121 as new subchapter VII within chapter
5256, entitled “Higher Education Division”, and new part 1
6within new subchapter VII entitled “General Provisions”.
7CAREER AND TECHNICAL EDUCATION BUREAU
8 Sec. 2542. Section 256.7, subsection 2, Code 2023, is
9amended to read as follows:
102. Constitute the state board for career and technical
11education under chapter 258 subchapter VII, part 2.
12 Sec. 2543. Section 256.11, subsection 5, paragraph h,
13subparagraph (2), Code 2023, is amended to read as follows:
14(2) Instructional programs provided under subparagraph (1)
15shall comply with the provisions of chapter 258 subchapter VII,
16part 2, relating to career and technical education, and shall
17be articulated with postsecondary programs of study and include
18field, laboratory, or on-the-job training. Each sequential
19unit shall contain a portion of a career and technical
20education program approved by the department. Standards for
21instructional programs shall include but not be limited to new
22and emerging technologies; job-seeking, job-adaptability, and
23other employment, self-employment and entrepreneurial skills
24that reflect current industry standards and labor-market needs;
25and reinforcement of basic academic skills.
26 Sec. 2544. Section 257.51, subsection 3, Code 2023, is
27amended to read as follows:
283. The department of education shall adopt rules to
29establish and administer a career academy grant program
30to provide for the allocation of money in the fund in
31the form of competitive grants, not to exceed one million
32dollars per grant, to school corporations for career academy
33infrastructure, career academy equipment, or both, in
34accordance with the goals of this section and to further the
35goals of the establishment and operation of career academies
-1408-1under section 258.15. The rules adopted by the department
2of education shall specify the eligibility of applicants
3and eligible items for grant funding. Priority for grants
4shall first be given to applications to establish new career
5academies that are organized as regional centers pursuant to
6chapter 258 256, subchapter VII, part 2. Subsequent priority
7shall be given to applications for expanding existing career
8academies.
9 Sec. 2545. Section 258.3, Code 2023, is amended to read as
10follows:
11258.3 Personnel Career and technical education bureau —
12personnel.
13The director of the department of education shall appoint
14the bureau chief of the career and technical education bureau,
15 and the bureau chief shall direct the work of personnel as
16necessary to carry out this chapter part.
17 Sec. 2546. Section 258.3A, subsection 3, Code 2023, is
18amended to read as follows:
193. Adopt rules prescribing standards for approval of school
20district career and technical education programs; and community
21colleges with career and technical education programs; and
22practitioner preparation schools, departments, and classes,
23applying for federal and state moneys under this chapter part.
24 Sec. 2547. Section 258.4, Code 2023, is amended to read as
25follows:
26258.4 Duties of director bureau chief.
27The director bureau chief of the department of education
28 career and technical education bureau shall do all of the
29following:
301. Develop and submit to the state board for approval the
31multiyear state plan developed in accordance with federal laws
32and regulations governing career and technical education.
332. Provide for making studies and investigations relating
34to career and technical education.
353. Promote and aid in the establishment of career and
-1409-1technical education programs in local communities, school
2districts, and community colleges.
34. Cooperate with local communities, school districts, and
4community colleges in the maintenance of career and technical
5education programs.
65. Make recommendations to the board of educational
7examiners relating to the enforcement of rules prescribing
8standards for teachers of career and technical education
9service areas.
106. Cooperate in the maintenance of practitioner preparation
11schools, departments, and classes, supported and controlled by
12the public, for the training of career and technical education
13teachers and supervisors.
147. Review and approve career and technical education
15programs to ensure that the programs meet standards adopted
16by the state board pursuant to section 258.3A. The director
17 bureau chief shall annually review at least twenty percent
18of the approved career and technical programs as a basis
19for continuing approval to ensure that the programs meet
20board standards and are compatible with educational reform
21efforts, are capable of responding to technological change and
22innovation, and meet the educational needs of students and the
23employment community. The review shall include an assessment
24of the extent to which the competencies in the program
25are being mastered by the students enrolled, the costs are
26proportionate to educational benefits received, the career and
27technical education curriculum is articulated and integrated
28with other curricular offerings required of all students,
29the programs would permit students with career and technical
30education backgrounds to pursue other educational interests in
31a postsecondary institutional setting, and the programs remove
32barriers for both traditional and nontraditional students to
33access educational and employment opportunities.
348. Facilitate the process established by the state board
35for the implementation of a statewide system of regional career
-1410-1and technical education planning partnerships that utilize
2the services of local school districts, community colleges,
3sector partnerships, and other resources to assist local school
4districts in meeting career and technical education standards
5while avoiding unnecessary duplication of services. The
6director bureau chief shall also review and approve regional
7planning partnerships and regional centers to ensure that the
8partnerships and centers meet the standards adopted by the
9state board pursuant to section 258.3A, subsection 5.
109. Enforce rules adopted by the state board pursuant to
11section 258.3A.
1210. Notwithstanding the accreditation process contained
13in section 256.11, permit school districts that provide a
14program which does not meet the standards for accreditation
15for career and technical education to cooperate with the
16regional career and technical education planning partnership
17and contract for an approved program under this chapter part
18 without losing accreditation. A school district that fails
19to cooperate with the regional career and technical education
20planning partnership and contract for an approved program
21shall, however, be subject to section 256.11.
2211. Prescribe standards and procedures for the approval of
23career academies as defined in section 258.6.
24 Sec. 2548. Section 258.5, subsection 3, Code 2023, is
25amended to read as follows:
263. The director bureau chief may use federal funds
27to reimburse approved practitioner preparation schools,
28departments, or classes for the training of teachers of
29agriculture, food, and natural resources; arts, communications,
30and information systems; applied sciences, technology,
31engineering, and manufacturing; health sciences; human
32services; and business, finance, marketing, and management.
33The director bureau chief may also use such funds to reimburse
34approved practitioner preparation schools, departments, or
35classes for the training of guidance counselors.
-1411-1 Sec. 2549. Section 258.6, Code 2023, is amended to read as
2follows:
3258.6 Definitions.
4As used in this chapter part:
51. “Approved career and technical education program” means
6a career and technical education program offered by a school
7district or community college and approved by the department
8 bureau which meets the standards for career and technical
9education programs adopted by the state board under this
10chapter part.
112. “Approved practitioner preparation school, department,
12or class” means a school, department, or class approved by the
13state board as entitled under this chapter part to federal
14moneys for the training of teachers of career and technical
15education subjects.
163. “Approved regional career and technical education
17planning partnership” means a regional entity that meets the
18standards for regional career and technical education planning
19partnerships adopted by the state board pursuant to section
20258.3A and section 258.14.
214. “Career academy” means a career academy established under
22section 258.15.
235. “Career and technical education service area” means
24any one of the service areas specified in section 256.11,
25subsection 5, paragraph “h”.
266. “Department” means the department of education.
277. “Director” means the director of the department of
28education.
298. 6. “Sector partnership” means a regional industry sector
30partnership established pursuant to section 260H.7B.
319. 7. “State board” means the state board for career and
32technical education as provided in section 258.2.
3310. 8. “Work-based learning” means opportunities and
34experiences that include but are not limited to tours, job
35shadowing, rotations, mentoring, entrepreneurship, service
-1412-1learning, internships, and apprenticeships.
211. 9. “Work-based learning intermediary network” means the
3statewide work-based learning intermediary network established
4pursuant to section 256.40.
5 Sec. 2550. Section 258.9, subsections 1 and 2, Code 2023,
6are amended to read as follows:
71. The board of directors of a school district or community
8college that maintains a career and technical education
9program receiving federal or state funds under this chapter
10 part shall, as a condition of approval by the state board,
11appoint a local advisory council for each career and technical
12education program offered by the school district or community
13college. However, a school district and a community college
14that maintain a career and technical education program
15receiving federal or state funds may create a joint local
16advisory council. The membership of each local advisory
17council shall consist of public members with expertise in
18the occupation or occupational field related to the career
19and technical education program. The local advisory council
20shall give advice and assistance to the board of directors,
21administrators, and instructors in the establishment and
22maintenance of the career and technical education program.
232. Notwithstanding subsection 1, a regional advisory
24council established by a regional career and technical
25education planning partnership approved by the department
26 bureau pursuant to section 258.4 may serve in place of a local
27advisory council.
28 Sec. 2551. Section 258.11, Code 2023, is amended to read as
29follows:
30258.11 Salary and expenses for administration.
31The director bureau chief may make expenditures for salaries
32and other expenses as necessary to the proper administration of
33this chapter part.
34 Sec. 2552. Section 258.14, subsection 3, paragraph d, Code
352023, is amended to read as follows:
-1413- 1d. Reviewing career and technical education programs of
2school districts within the region based on standards adopted
3by the state board, and recommending to the department bureau
4 career and technical education programs for approval.
5 Sec. 2553. Section 258.15, subsection 1, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7A career academy may be established under an agreement
8between a single school district and a community college, or
9by multiple school districts and a community college organized
10into a regional career and technical education planning
11partnership pursuant to section 258.14. A career academy
12established under this section shall be a career-oriented or
13occupation-oriented program of study that includes a minimum
14of two years of secondary education, which may fulfill the
15sequential unit requirement in one of the four service areas
16required under section 256.11, subsection 5, paragraph “h”,
17is articulated with a postsecondary education program, and is
18approved by the director bureau chief under section 258.4. A
19career academy shall do all of the following:
20 Sec. 2554. Section 260C.14, subsection 1, Code 2023, is
21amended to read as follows:
221. Determine the curriculum to be offered in such school or
23college subject to approval of the director and ensure that all
24career and technical education offerings are competency-based,
25provide any minimum competencies required by the department
26of education, comply with any applicable requirements in
27chapter 258 256, subchapter VII, part 2, and are articulated
28with local school district career and technical education
29programs. If an existing private educational institution or an
30existing vocational institution offering a career and technical
31education program within the merged area has facilities and
32curriculum of adequate size and quality which would duplicate
33the functions of the area school, the board of directors shall
34discuss with the institution the possibility of entering into
35contracts to have the existing institution offer facilities
-1414-1and curriculum to students of the merged area. The board of
2directors shall consider any proposals submitted by the private
3institution for providing such facilities and curriculum. The
4board of directors may enter into such contracts. In approving
5curriculum, the director shall ascertain that all courses
6and programs submitted for approval are needed and that the
7curriculum being offered by an area school does not duplicate
8programs provided by existing public or private facilities in
9the area. In determining whether duplication would actually
10exist, the director shall consider the needs of the area
11and consider whether the proposed programs are competitive
12as to size, quality, tuition, purposes, and area coverage
13with existing public and private educational or vocational
14institutions within the merged area. If the board of directors
15of the merged area chooses not to enter into contracts with
16private institutions under this subsection, the board shall
17submit a list of reasons why contracts to avoid duplication
18were not entered into and an economic impact statement relating
19to the board’s decision.
20 Sec. 2555. Section 598.21B, subsection 2, paragraph e,
21subparagraph (1), subparagraph division (c), Code 2023, is
22amended to read as follows:
23(c) The parent is attending a career and technical education
24program approved pursuant to chapter 258 256, subchapter VII,
25part 2.
26 Sec. 2556. EMERGENCY RULES. The state board of education
27may adopt emergency rules under section 17A.4, subsection 3,
28and section 17A.5, subsection 2, paragraph “b”, to implement
29the provisions of this division of this Act pertaining to the
30career and technical education bureau and the rules shall
31be effective immediately upon filing unless a later date is
32specified in the rules. Any rules adopted in accordance with
33this section shall also be published as a notice of intended
34action as provided in section 17A.4.
35 Sec. 2557. CODE EDITOR DIRECTIVE.
-1415- 11. The Code editor is directed to make the following
2transfers:
3a. Section 258.1 to section 256.126.
4b. Section 258.2 to section 256.127.
5c. Section 258.3 to section 256.128.
6d. Section 258.3A to section 256.129.
7e. Section 258.4 to section 256.130.
8f. Section 258.5 to section 256.131.
9g. Section 258.6 to section 256.125.
10h. Section 258.9 to section 256.132.
11i. Section 258.10 to section 256.133.
12j. Section 258.11 to section 256.134.
13k. Section 258.12 to section 256.135.
14l. Section 258.14 to section 256.136.
15m. Section 258.15 to section 256.137.
162. The Code editor shall correct internal references in the
17Code and in any enacted legislation as necessary due to the
18enactment of this section.
193. The Code editor may designate sections 256.125 through
20256.137, as amended or enacted in this division of this Act,
21as new part 2 entitled “Career and Technical Education Bureau”
22within the subchapter entitled “Higher Education Division” as
23enacted by another division of this Act.
24 Sec. 2558. TRANSITION PROVISIONS.
251. Any contract issued or entered into by the state board
26of education or the department of education relating to the
27provisions of chapter 258, in effect on the effective date
28of this division of this Act, shall continue in full force
29and effect pending transfer of such contract to the higher
30education division of the department of education.
312. All employees of the department of education who work
32under the career and technical education program established
33pursuant to chapter 258 shall be considered employees of the
34career and technical education bureau of the higher education
35division of the department of education on the effective date
-1416-1of this division of this Act without incurring any loss in
2salary, benefits, or accrued years of service.
3BOARD OF EDUCATIONAL EXAMINERS
4 Sec. 2559. Section 20.17, subsection 10, paragraph a, Code
52023, is amended to read as follows:
6a. In the absence of an impasse agreement negotiated
7pursuant to section 20.19 which provides for a different
8completion date, public employees represented by a certified
9employee organization who are teachers licensed under chapter
10272 256, subchapter VII, part 3, and who are employed by a
11public employer which is a school district or area education
12agency shall complete the negotiation of a proposed collective
13bargaining agreement not later than May 31 of the year
14when the agreement is to become effective. The board shall
15provide, by rule, a date on which impasse items in such cases
16must be submitted to binding arbitration and for such other
17procedures as deemed necessary to provide for the completion
18of negotiations of proposed collective bargaining agreements
19not later than May 31. The date selected for the mandatory
20submission of impasse items to binding arbitration in such
21cases shall be sufficiently in advance of May 31 to ensure that
22the arbitrator’s award can be reasonably made by May 31.
23 Sec. 2560. Section 20.19, subsection 1, Code 2023, is
24amended to read as follows:
251. As the first step in the performance of their duty to
26bargain, the public employer and the employee organization
27shall endeavor to agree upon impasse procedures. Such
28agreement shall provide for implementation of these impasse
29procedures not later than one hundred twenty days prior to
30the certified budget submission date of the public employer.
31However, if public employees represented by the employee
32organization are teachers licensed under chapter 272 256,
33subchapter VII, part 3, and the public employer is a school
34district or area education agency, the agreement shall provide
35for implementation of impasse procedures not later than one
-1417-1hundred twenty days prior to May 31 of the year when the
2collective bargaining agreement is to become effective. If the
3public employer is a community college, the agreement shall
4provide for implementation of impasse procedures not later than
5one hundred twenty days prior to May 31 of the year when the
6collective bargaining agreement is to become effective. If
7the public employer is not subject to the budget certification
8requirements of section 24.17 and other applicable sections,
9the agreement shall provide for implementation of impasse
10procedures not later than one hundred twenty days prior
11to the date the next fiscal or budget year of the public
12employer commences. If the parties fail to agree upon impasse
13procedures under the provisions of this section, the impasse
14procedures provided in sections 20.20 and 20.22 shall apply.
15 Sec. 2561. Section 20.20, Code 2023, is amended to read as
16follows:
1720.20 Mediation.
18In the absence of an impasse agreement negotiated pursuant
19to section 20.19 or the failure of either party to utilize its
20procedures, one hundred twenty days prior to the certified
21budget submission date, or one hundred twenty days prior to
22May 31 of the year when the collective bargaining agreement
23is to become effective if public employees represented by the
24employee organization are teachers licensed under chapter
25272 256, subchapter VII, part 3, and the public employer is
26a school district or area education agency, the board shall,
27upon the request of either party, appoint an impartial and
28disinterested person to act as mediator. If the public
29employer is a community college, and in the absence of an
30impasse agreement negotiated pursuant to section 20.19 or
31the failure of either party to utilize its procedures, one
32hundred twenty days prior to May 31 of the year when the
33collective bargaining agreement is to become effective, the
34board, upon the request of either party, shall appoint an
35impartial and disinterested person to act as mediator. If the
-1418-1public employer is not subject to the budget certification
2requirements of section 24.17 or other applicable sections and
3in the absence of an impasse agreement negotiated pursuant
4to section 20.19, or the failure of either party to utilize
5its procedures, one hundred twenty days prior to the date the
6next fiscal or budget year of the public employer commences,
7the board, upon the request of either party, shall appoint an
8impartial and disinterested person to act as a mediator. It
9shall be the function of the mediator to bring the parties
10together to effectuate a settlement of the dispute, but the
11mediator may not compel the parties to agree.
12 Sec. 2562. Section 235A.15, subsection 2, paragraph e,
13subparagraph (9), Code 2023, is amended to read as follows:
14(9) To the board of educational examiners created under
15chapter 272 256 for purposes of determining whether a license,
16certificate, or authorization should be issued, denied, or
17revoked.
18 Sec. 2563. Section 235B.6, subsection 2, paragraph e,
19subparagraph (13), Code 2023, is amended to read as follows:
20(13) To the board of educational examiners created under
21chapter 272 256 for purposes of determining whether a license,
22certificate, or authorization should be issued, denied, or
23revoked.
24 Sec. 2564. Section 256.7, subsection 26, paragraph a,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) The rules shall allow a school district or accredited
27nonpublic school to award high school credit to an enrolled
28student upon the demonstration of required competencies for
29a course or content area, as approved by a teacher licensed
30under chapter 272 subchapter VII, part 3. The school district
31or accredited nonpublic school shall determine the assessment
32methods by which a student demonstrates sufficient evidence of
33the required competencies.
34 Sec. 2565. Section 256.7, subsection 32, paragraph c, Code
352023, is amended to read as follows:
-1419- 1c. Rules adopted pursuant to this subsection shall require
2that online learning coursework offered by school districts,
3accredited nonpublic schools, and area education agencies be
4rigorous, high-quality, aligned with the Iowa core and core
5content requirements and standards and the national standards
6of quality for online courses issued by an internationally
7recognized association for kindergarten through grade twelve
8online learning, and taught by a teacher licensed under chapter
9272 subchapter VII, part 3, who has specialized training or
10experience in online learning, including but not limited to an
11online-learning-for-Iowa-educators-professional-development
12project offered by area education agencies, a teacher
13preservice program, or comparable coursework.
14 Sec. 2566. Section 256.9, subsection 55, Code 2023, is
15amended to read as follows:
1655. Develop and maintain a list of approved online
17providers that provide course content through an online
18learning platform taught by a teacher licensed under chapter
19272 subchapter VII, part 3, who has specialized training or
20experience in online learning including but not limited to an
21online-learning-for-Iowa-educators-professional-development
22project offered by area education agencies, a teacher
23preservice program, or comparable coursework, and whose online
24learning coursework meets the requirements established by
25rule pursuant to section 256.7, subsection 32, paragraph “c”.
26Providers shall apply for approval annually or as determined
27by the department.
28 Sec. 2567. Section 256.11, subsections 9, 9A, and 9B, Code
292023, are amended to read as follows:
309. Beginning July 1, 2006, each school district shall have a
31qualified teacher librarian who shall be licensed by the board
32of educational examiners under chapter 272 subchapter VII,
33part 3. The state board shall establish in rule a definition
34of and standards for an articulated sequential kindergarten
35through grade twelve media program. A school district that
-1420-1entered into a contract with an individual for employment as a
2media specialist or librarian prior to June 1, 2006, shall be
3considered to be in compliance with this subsection until June
430, 2011, if the individual is making annual progress toward
5meeting the requirements for a teacher librarian endorsement
6issued by the board of educational examiners under chapter
7272 subchapter VII, part 3. A school district that entered
8into a contract with an individual for employment as a media
9specialist or librarian who holds at least a master’s degree in
10library and information studies shall be considered to be in
11compliance with this subsection until the individual leaves the
12employ of the school district.
139A. Beginning July 1, 2007, each school district shall have
14a qualified guidance counselor who shall be licensed by the
15board of educational examiners under chapter 272 subchapter
16VII, part 3. Each school district shall work toward the
17goal of having one qualified guidance counselor for every
18three hundred fifty students enrolled in the school district.
19The state board shall establish in rule a definition of and
20standards for an articulated sequential kindergarten through
21grade twelve guidance and counseling program.
229B. Beginning July 1, 2007, each school district shall have
23a school nurse to provide health services to its students.
24Each school district shall work toward the goal of having one
25school nurse for every seven hundred fifty students enrolled in
26the school district. For purposes of this subsection, “school
27nurse” means a person who holds an endorsement or a statement of
28professional recognition for school nurses issued by the board
29of educational examiners under chapter 272 subchapter VII, part
303.
31 Sec. 2568. Section 256.11, subsection 17, paragraph a,
32subparagraph (1), subparagraph division (a), Code 2023, is
33amended to read as follows:
34(a) The school district or accredited nonpublic school
35makes every reasonable and good faith effort to employ a
-1421-1teacher licensed under chapter 272 subchapter VII, part 3, for
2the specified subject and is unable to employ such a teacher.
3 Sec. 2569. Section 256.11, subsection 17, paragraph c,
4subparagraphs (1) and (3), Code 2023, are amended to read as
5follows:
6(1) An online learning platform if the course is developed
7by the school district or accredited nonpublic school itself
8or is developed by a partnership or consortium of schools
9that have developed the course individually or cooperatively,
10provided the course is taught and supervised by a teacher
11licensed under chapter 272 subchapter VII, part 3, who has
12online learning experience and the course content meets the
13requirements established by rule pursuant to section 256.7,
14subsection 32, paragraph “c”. A partnership or consortium of
15schools may include two or more school districts or accredited
16nonpublic schools, or any combination thereof.
17(3) An online learning platform offered, subject to the
18initial availability of federal funds, by the department in
19collaboration with one or more area education agencies or in
20partnership with school districts and accredited nonpublic
21schools. The online learning platform may deliver distance
22education to students, including students receiving competent
23private instruction under chapter 299A, provided such students
24register with the school district of residence and the
25coursework offered by the online learning platform is taught
26and supervised by a teacher licensed under chapter 272
27subchapter VII, part 3, who has online learning experience and
28the course content meets the requirements established by rule
29pursuant to section 256.7, subsection 32, paragraph “c”. The
30department and the area education agencies operating online
31learning programs pursuant to section 273.16 shall coordinate
32to ensure the most effective use of resources and delivery
33of services. Federal funds, if available, may be used to
34offset what would otherwise be costs to school districts for
35participation in the program.
-1422-1 Sec. 2570. Section 256.16, subsection 2, Code 2023, is
2amended to read as follows:
32. A person initially applying for a license shall
4successfully complete a practitioner preparation program
5approved under section 256.7, subsection 3, and containing the
6subject matter specified in this section, before the initial
7action by the board of educational examiners under chapter 272
8subchapter VII, part 3, takes place.
9 Sec. 2571. Section 256.41, subsection 2, Code 2023, is
10amended to read as follows:
112. Online learning curricula shall be provided and
12supervised by a teacher licensed under chapter 272 subchapter
13VII, part 3.
14 Sec. 2572. Section 256.43, subsection 1, paragraph d, Code
152023, is amended to read as follows:
16d. High-quality online instruction taught by teachers
17licensed under chapter 272 subchapter VII, part 3.
18 Sec. 2573. Section 256.43, subsection 2, paragraph a, Code
192023, is amended to read as follows:
20a. At the discretion of the school board or authorities in
21charge of an accredited nonpublic school, after consideration
22of circumstances created by necessity, convenience, and
23cost-effectiveness, courses developed by private providers may
24be utilized by the school district or school in implementing a
25high-quality online learning program. Courses obtained from
26private providers shall be taught by teachers licensed under
27chapter 272 subchapter VII, part 3.
28 Sec. 2574. Section 256.43, subsection 3, Code 2023, is
29amended to read as follows:
303. Grading. Grades in online courses shall be based,
31at a minimum, on whether a student mastered the subject,
32demonstrated competency, and met the standards established
33by the school district. Grades shall be conferred only by
34teachers licensed under chapter 272 subchapter VII, part 3.
35 Sec. 2575. Section 256C.3, subsection 2, paragraph a,
-1423-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) The individual is appropriately licensed under chapter
3272 256, subchapter VII, part 3, and meets requirements under
4chapter 284.
5 Sec. 2576. Section 256E.7, subsection 4, paragraph b,
6subparagraphs (1), (2), and (3), Code 2023, are amended to read
7as follows:
8(1) An administrator who holds a valid license under chapter
9272 256, subchapter VII, part 3.
10(2) A teacher who holds a valid license under chapter 272
11 256, subchapter VII, part 3.
12(3) An individual who holds an authorization to be a
13charter school administrator issued by the board of educational
14examiners under chapter 272 256, subchapter VII, part 3. The
15board of educational examiners shall adopt rules for the
16issuance of such authorizations not later than December 31,
172021, and such authorizations shall only be valid for service
18or employment as a charter school administrator.
19 Sec. 2577. Section 257.11, subsection 3, paragraph c,
20subparagraph (1), Code 2023, is amended to read as follows:
21(1) The school district has made every reasonable and good
22faith effort to employ a teacher licensed under chapter 272
23 256, subchapter VII, part 3, for the science or mathematics
24unit, as applicable, and is unable to employ such a teacher.
25For purposes of this paragraph “c”, “good faith effort” means
26the same as defined in section 279.19A, subsection 9.
27 Sec. 2578. Section 260C.48, subsection 1, paragraph a,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) For purposes of subparagraph (1), subparagraph
30divisions (b) and (c), if the instructor is a licensed
31practitioner who holds a career and technical endorsement
32under chapter 272 256, subchapter VII, part 3, relevant work
33experience in the occupational area includes but is not limited
34to classroom instruction in a career and technical education
35subject area offered by a school district or accredited
-1424-1nonpublic school.
2 Sec. 2579. Section 261.1, subsection 2, paragraph d,
3subparagraph (5), Code 2023, is amended to read as follows:
4(5) One member shall represent practitioners licensed under
5chapter 272 256, subchapter VII, part 3. When appointing
6this member, the governor shall give careful consideration to
7any person nominated by an Iowa teacher association or other
8education stakeholder organization.
9 Sec. 2580. Section 261E.4, subsection 3, Code 2023, is
10amended to read as follows:
113. A school district shall ensure that advanced placement
12course teachers or instructors are appropriately licensed
13by the board of educational examiners in accordance with
14chapter 272 256, subchapter VII, part 3, and meet the minimum
15certification requirements of the national organization that
16administers the advanced placement program.
17 Sec. 2581. Section 261H.2, subsection 3, paragraph b, Code
182023, is amended to read as follows:
19b. If it is determined, after exhaustion of all available
20administrative and judicial appeals, that a faculty member
21knowingly and intentionally restricts the protected speech or
22otherwise penalizes a student in violation of this subsection,
23the faculty member shall be subject to discipline by the
24institution through the normal disciplinary processes of the
25institution, and such discipline may include termination
26depending on the totality of the facts. If the faculty member
27is licensed by the board of educational examiners under chapter
28272 256, subchapter VII, part 3, the board of educational
29examiners shall conduct a hearing pursuant to section 272.13,
30and the faculty member may be subject to disciplinary action
31by the board.
32 Sec. 2582. Section 272.1, Code 2023, is amended to read as
33follows:
34272.1 Definitions.
35As used in this part, unless the context otherwise requires:
-1425- 11. “Administrator” means a person who is licensed to
2coordinate, supervise, or direct an educational program or the
3activities of other practitioners.
42. “Board” means the board of educational examiners.
53. “Certificate” means limited recognition to perform
6instruction and instruction-related duties in school, other
7than those duties for which practitioners are licensed. A
8certificate is nonexclusive recognition and does not confer the
9exclusive authority of a license.
104. “Department” means the state department of education.
115. 4. “License” means the authority that is given to allow
12a person to legally serve as a practitioner, a school, an
13institution, or a course of study to legally offer professional
14development programs, other than those programs offered by
15practitioner preparation schools, institutions, courses of
16study, or area education agencies. A license is the exclusive
17authority to perform these functions.
186. 5. “Offense directly relates” refers to either of the
19following:
20a. The actions taken in furtherance of an offense are
21actions customarily performed within the scope of practice of
22a licensed profession.
23b. The circumstances under which an offense was committed
24are circumstances customary to a licensed profession.
257. 6. “Para-educator” means a person who is certified to
26assist a teacher in the performance of instructional tasks to
27support and assist classroom instruction and related school
28activities.
298. 7. “Practitioner” means an administrator, teacher,
30or other licensed professional, including an individual who
31holds a statement of professional recognition, who provides
32educational assistance to students.
339. 8. “Practitioner preparation program” means a program
34approved by the state board of education which prepares a
35person to obtain a license as a practitioner.
-1426- 110. 9. “Principal” means a licensed member of a school’s
2instructional staff who serves as an instructional leader,
3coordinates the process and substance of educational and
4instructional programs, coordinates the budget of the school,
5provides formative evaluation for all practitioners and other
6persons in the school, recommends or has effective authority
7to appoint, assign, promote, or transfer personnel in a school
8building, implements the local school board’s policy in a
9manner consistent with professional practice and ethics, and
10assists in the development and supervision of a school’s
11student activities program.
1211. 10. “Professional development program” means a course or
13program which is offered by a person or agency for the purpose
14of providing continuing education for the renewal or upgrading
15of a practitioner’s license.
1612. 11. “School” means a school under section 280.2, an
17area education agency, and a school operated by a state agency
18for special purposes.
1913. 12. “School administration manager” means a person
20who is authorized to assist a school principal in performing
21noninstructional administrative duties.
2214. 13. “School service personnel” means those persons
23holding a practitioner’s license who provide support services
24for a student enrolled in school or to practitioners employed
25in a school.
2615. 14. “Student” means a person who is enrolled in
27a course of study at a school or practitioner preparation
28program, or who is receiving direct or indirect assistance from
29a practitioner.
3016. 15. “Superintendent” means an administrator
31who promotes, demotes, transfers, assigns, or evaluates
32practitioners or other personnel, and carries out the policies
33of a governing board in a manner consistent with professional
34practice and ethics.
3517. 16. “Teacher” means a licensed member of a school’s
-1427-1instructional staff who diagnoses, prescribes, evaluates,
2and directs student learning in a manner which is consistent
3with professional practice and school objectives, shares
4responsibility for the development of an instructional program
5and any coordinating activities, evaluates or assesses student
6progress before and after instruction, and who uses the student
7evaluation or assessment information to promote additional
8student learning.
918. 17. “Work-based learning program supervisor” means a
10person who is certified pursuant to section 272.16 to supervise
11students’ opportunities and experiences related to workplace
12tours, job shadowing, rotations, mentoring, entrepreneurship,
13service learning, internships, and apprenticeships.
14 Sec. 2583. Section 272.2, unnumbered paragraph 1, Code
152023, is amended to read as follows:
16The board of educational examiners is created within the
17higher education division of the department of education to
18exercise the exclusive authority to:
19 Sec. 2584. Section 272.2, subsection 1, paragraph a, Code
202023, is amended to read as follows:
21a. License practitioners, which includes the authority to
22establish do all of the following:
23(1) Establishcriteria for the licenses; establish.
24(2) Establishissuance and renewal requirements, provided
25that a continuing education requirement may be completed by
26electronic means; create.
27(3) Createapplication and renewal forms; create.
28(4) Createlicenses that authorize different instructional
29functions or specialties; develop.
30(5) Developa code of professional rights and
31responsibilities, practices, and ethics, which shall, among
32other things, address the all of the following:
33(a) Thefailure of a practitioner to fulfill contractual
34obligations under section 279.13, the. In addressing the
35failure of a practitioner to fulfill contractual obligations,
-1428-1the board shall consider factors beyond the practitioner’s
2control.
3(b) Thefailure of an administrator to protect the safety of
4staff and students, the.
5(c) Thefailure of an administrator to meet mandatory
6reporter obligations, the.
7(d) Therefusal of a practitioner to implement provisions of
8an individualized education program or behavioral intervention
9plan, and habitual.
10(e) Habitualnonparticipation in professional development;
11and develop.
12(f) The development ofany other classifications,
13distinctions, and procedures which may be necessary to exercise
14licensing duties. In addressing the failure of a practitioner
15to fulfill contractual obligations, the board shall consider
16factors beyond the practitioner’s control.
17 Sec. 2585. Section 272.2, subsections 4 and 24, Code 2023,
18are amended to read as follows:
194. Enforce rules adopted by the board through revocation
20or suspension of a license, or by other disciplinary action
21against a practitioner or professional development program
22licensed by the board of educational examiners. The
23board shall designate who may or shall initiate a licensee
24disciplinary investigation and a licensee disciplinary
25proceeding, and who shall prosecute a disciplinary proceeding
26and under what conditions, and shall state the procedures for
27review by the board of findings of fact if a majority of the
28board does not hear the disciplinary proceeding. However, in a
29case alleging failure of a practitioner to fulfill contractual
30obligations, the person who files a complaint with the board,
31or the complainant’s designee, shall represent the complainant
32in a disciplinary hearing conducted in accordance with this
33chapter part.
3424. By August 1, 2021, adopt rules pursuant to chapter 17A,
35developed in consultation with the department, establishing a
-1429-1statement of professional recognition for behavior analysts
2licensed under chapter 154D.
3 Sec. 2586. Section 272.2, subsection 7, Code 2023, is
4amended by striking the subsection.
5 Sec. 2587. Section 272.2, subsection 14, paragraph d, Code
62023, is amended to read as follows:
7d. An applicant for a license or certificate under this
8chapter part shall demonstrate that the requirements of
9the license or certificate have been met and the burden of
10proof shall be on the applicant. However, if the executive
11director of the board receives notice from the director of the
12department of education under section 256.9, subsection 17,
13that an error in the basic education data survey submission
14resulted in an incorrect determination relating to licensure
15of a practitioner, the executive director shall initiate
16corrective action with the board and the findings of the
17director of the department of education shall be sufficient
18evidence to correct such error.
19 Sec. 2588. Section 272.3, subsection 1, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21The board of educational examiners consists of twelve
22members. Two must shall be members of the general public, one
23must shall be the director of the department of education or
24the director’s designee, and the remaining nine members must
25 shall be licensed practitioners. One of the public members
26shall have served on a school board. The public members shall
27never have held a practitioner’s license, but shall have a
28demonstrated interest in education. The nine practitioners
29shall be selected from the following areas and specialties of
30the teaching profession:
31 Sec. 2589. Section 272.3, subsection 2, Code 2023, is
32amended to read as follows:
332. A majority of the licensed practitioner members shall
34be nonadministrative practitioners. Four of the members shall
35be administrators. Membership of the board shall comply with
-1430-1the requirements of sections 69.16 and 69.16A. A quorum of the
2board shall consist of six members. Members shall elect a
3chairperson of the board. Members, except for the director of
4the department of education or the director’s designee, shall
5be appointed by the governor subject to confirmation by the
6senate.
7 Sec. 2590. Section 272.4, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9Members, except for the director of the department of
10education or the director’s designee, shall be appointed to
11serve staggered terms of four years. A member shall not serve
12more than two consecutive terms, except for the director of the
13department of education or the director’s designee, who shall
14serve until the director’s term of office expires. A member of
15the board, except for the two public members and the director
16of the department of education or the director’s designee,
17shall hold a valid practitioner’s license during the member’s
18term of office. A vacancy exists when any of the following
19occur:
20 Sec. 2591. Section 272.5, subsection 2, Code 2023, is
21amended to read as follows:
222. The governor director shall appoint an executive
23director of the board of educational examiners subject to
24confirmation by the senate. The executive director shall
25possess a background in education licensure and administrative
26experience and shall serve at the pleasure of the governor.
27The board of educational examiners director shall set the
28salary of the executive director within the range established
29for the position by the general assembly.
30 Sec. 2592. Section 272.9, subsection 1, Code 2023, is
31amended to read as follows:
321. A certificate which was issued by the board of
33educational examiners to a practitioner before July 1, 1989,
34continues to be in force as long as the certificate complies
35with the rules and statutes in effect on July 1, 1989.
-1431-1Requirements for the renewal of licenses, under this chapter
2 part, do not apply retroactively to renewal of certificates.
3However, this section does not limit the duties or powers of
4a school board to select or discharge practitioners or to
5terminate practitioners’ contracts.
6 Sec. 2593. Section 272.9A, subsection 3, Code 2023, is
7amended to read as follows:
83. An administrator formerly employed by an accredited
9nonpublic school or formerly employed as an administrator in
10another state or country is exempt from the mentoring and
11induction requirement under subsection 1 if the administrator
12can document two years of successful administrator experience
13and meet or exceed the requirements contained in rules adopted
14pursuant to this chapter part for endorsement and licensure.
15However, if an administrator cannot document two years of
16successful administrator experience when hired by a school
17district, the administrator shall meet the requirements of
18subsection 1.
19 Sec. 2594. Section 272.10, subsections 1, 2, and 5, Code
202023, are amended to read as follows:
211. It is the intent of the general assembly that licensing
22fees established by the board of educational examiners be
23sufficient to finance the activities of the board under this
24chapter part.
252. Licensing fees are payable to the treasurer of state and
26shall be deposited with the executive director of the board.
27The executive director shall deposit twenty-five percent of
28the fees collected annually with the treasurer of state and
29the fees shall be credited to the general fund of the state.
30The remaining licensing fees collected during the fiscal year
31shall be retained by and are appropriated to the board for
32the purposes related to the board’s duties. Notwithstanding
33section 8.33, licensing fees retained by and appropriated to
34the board pursuant to this section that remain unencumbered or
35unobligated at the close of the fiscal year shall not revert
-1432-1but shall remain available for expenditure for the activities
2of the board as provided in this chapter part until the close
3of the succeeding fiscal year.
45. The fees established by the board for the administrative
5costs of processing complaints and conducting hearings pursuant
6to section 272.2, subsection 23, may include a fee for personal
7service by a sheriff, a fee for legal notice when placed in a
8newspaper, transcription service or court reporter fee, and
9other fees assessed as costs by the board. The fees collected
10annually in accordance with this subsection shall be retained
11by and are appropriated to the board for the purposes related
12to the board’s duties. Notwithstanding section 8.33, fees
13retained by and appropriated to the board pursuant to this
14subsection that remain unencumbered or unobligated at the close
15of the fiscal year shall not revert but shall remain available
16for expenditure for the activities of the board as provided
17in this chapter part until the close of the succeeding fiscal
18year.
19 Sec. 2595. Section 272.11, Code 2023, is amended to read as
20follows:
21272.11 Expenditures and refunds.
22Expenditures and refunds made by the board under this
23chapter part shall be certified by the executive director of
24the board to the director of the department of administrative
25services, and if found correct, the director of the department
26of administrative services shall approve the expenditures and
27refunds and draw warrants upon the treasurer of state from the
28funds appropriated for that purpose.
29 Sec. 2596. Section 272.12, Code 2023, is amended to read as
30follows:
31272.12 Para-educator certificates.
32The board of educational examiners shall adopt rules
33pursuant to chapter 17A relating to a voluntary certification
34system for para-educators. The rules shall specify rights,
35responsibilities, levels, and qualifications for the
-1433-1certificate. Applicants shall be disqualified for any reason
2specified in section 272.2, subsection 14, or in administrative
3rule. Notwithstanding section 272.2, subsection 14, paragraph
4“b”, subparagraph (2), the board may issue a para-educator
5certificate to a person who is at least eighteen years of age.
6A person holding a para-educator certificate shall not perform
7the duties of a licensed practitioner. A certificate issued
8pursuant to this chapter part shall not be considered a teacher
9or administrator license for any purpose specified by law,
10including the purposes specified under this chapter part or
11chapter 279.
12 Sec. 2597. Section 272.15, subsections 2 and 4, Code 2023,
13are amended to read as follows:
142. If, in the course of performing official duties, an
15employee of the department becomes aware of any alleged
16misconduct by an individual licensed under this chapter part,
17the employee shall report the alleged misconduct to the board
18of educational examiners under rules adopted pursuant to
19subsection 1.
204. If the executive director of the board verifies through
21a review of official records that a teacher who holds a
22practitioner’s license under this chapter part is assigned
23instructional duties for which the teacher does not hold the
24appropriate license or endorsement, either by grade level or
25subject area, by a school district or accredited nonpublic
26school, the executive director may initiate a complaint
27against the teacher and the administrator responsible for the
28inappropriate assignment of instructional duties.
29 Sec. 2598. Section 272.16, subsections 1, 2, and 3, Code
302023, are amended to read as follows:
311. The board of educational examiners shall adopt rules
32pursuant to chapter 17A relating to a certification system
33for work-based learning program supervisors. The rules shall
34specify rights, responsibilities, levels, and qualifications
35for the certificate. The certificate shall not require more
-1434-1than fifteen contact hours, which shall be available over
2the internet and which shall provide instruction related to
3fundamentals in career education, curriculum, assessment, and
4the evaluation of student participation.
52. Applicants shall be disqualified for any reason
6specified in section 272.2, subsection 14, or in rules adopted
7by the board of educational examiners.
83. A certificate issued pursuant to this section shall
9not be considered a teacher or administrator license for any
10purpose specified by law, including the purposes specified
11under this chapter part or chapter 279.
12 Sec. 2599. Section 272.20, Code 2023, is amended to read as
13follows:
14272.20 National certification.
15The board of educational examiners shall review the
16standards for teacher’s certificates adopted by the national
17board for professional teaching standards, a nonprofit
18corporation created as a result of recommendations of the
19task force on teaching as a profession of the Carnegie
20forum on education and the economy. In those cases in
21which the standards required by the national board for an
22Iowa endorsement or license meet or exceed the requirements
23contained in rules adopted under this chapter part for that
24endorsement or license, the board of educational examiners
25 shall issue endorsements or licenses to holders of certificates
26issued by the national board who request the endorsement or
27license.
28 Sec. 2600. Section 272.28, subsection 2, Code 2023, is
29amended to read as follows:
302. A teacher from an accredited nonpublic school or another
31state or country is exempt from the requirement of subsection 1
32if the teacher can document three years of successful teaching
33experience and meet or exceed the requirements contained in
34rules adopted under this chapter part for endorsement and
35licensure.
-1435-1 Sec. 2601. Section 272.29, Code 2023, is amended to read as
2follows:
3272.29 Annual administrative rules review — triennial
4report.
5The executive director of the board shall annually review
6the administrative rules adopted pursuant to this chapter part
7 and related state laws. The executive director shall submit
8the executive director’s findings and recommendations in a
9report every three years to the board and the general assembly
10by January 15.
11 Sec. 2602. Section 272C.15, subsection 1, Code 2023, is
12amended to read as follows:
131. Notwithstanding any other provision of law to the
14contrary, except for chapter 272 256, subchapter VII, part 3, a
15person’s conviction of a crime may be grounds for the denial,
16revocation, or suspension of a license only if an unreasonable
17risk to public safety exists because the offense directly
18relates to the duties and responsibilities of the profession
19and the appropriate licensing board, agency, or department does
20not grant an exception pursuant to subsection 4.
21 Sec. 2603. Section 273.3, subsections 11 and 25, Code 2023,
22are amended to read as follows:
2311. Employ personnel to carry out the functions of the
24area education agency which shall include the employment of an
25administrator who shall possess a license issued under chapter
26272 256, subchapter VII, part 3. The administrator shall
27be employed pursuant to section 279.20 and sections 279.23,
28279.24, and 279.25. The salary for an area education agency
29administrator shall be established by the board based upon
30the previous experience and education of the administrator.
31Section 279.13 applies to the area education agency board
32and to all teachers employed by the area education agency.
33Sections 279.23, 279.24, and 279.25 apply to the area education
34board and to all administrators employed by the area education
35agency. Section 279.69 applies to the area education agency
-1436-1board and employees of the board, including part-time,
2substitute, or contract employees, who provide services to a
3school or school district.
425. Require, by July 1, 2024, any person employed by
5the area education agency who holds a license, certificate,
6statement of recognition, or authorization other than a
7coaching authorization, issued by the board of educational
8examiners under chapter 272 256, subchapter VII, part 3, to
9complete the Iowa reading research center dyslexia overview
10module. Such persons employed after July 1, 2024, shall
11complete the module within one year of the employee’s initial
12date of hire.
13 Sec. 2604. Section 279.13, subsection 1, paragraph b,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) Prior to entering into an initial contract with a
16teacher who holds a license other than an initial license
17issued by the board of educational examiners under chapter 272
18 256, subchapter VII, part 3, the school district shall initiate
19a state criminal history record check of the applicant through
20the division of criminal investigation of the department of
21public safety, submit the applicant’s fingerprints to the
22division for submission to the federal bureau of investigation
23for a national criminal history record check, and review the
24sex offender registry information under section 692A.121
25available to the general public, the central registry for
26child abuse information established under section 235A.14, and
27the central registry for dependent adult abuse information
28established under section 235B.5 for information regarding the
29applicant for employment as a teacher.
30 Sec. 2605. Section 279.19B, subsection 1, paragraph a,
31unnumbered paragraph 1, Code 2023, is amended to read as
32follows:
33The board of directors of a school district may employ for
34head coach of any interscholastic athletic activities or for
35assistant coach of any interscholastic athletic activity, an
-1437-1individual who possesses a coaching authorization issued by the
2board of educational examiners or possesses a teaching license
3with a coaching endorsement issued pursuant to chapter 272 256,
4subchapter VII, part 3. However, a board of directors of a
5school district shall consider applicants with qualifications
6described below, in the following order of priority:
7 Sec. 2606. Section 279.50A, subsection 1, paragraph a, Code
82023, is amended to read as follows:
9a. The school district has made every reasonable and
10good faith effort to employ a teacher licensed under chapter
11272 256, subchapter VII, part 3, for the unit of science or
12mathematics, as applicable, and is unable to employ such a
13teacher. For purposes of this subsection, “good faith effort”
14means the same as defined in section 279.19A, subsection 9.
15 Sec. 2607. Section 279.72, Code 2023, is amended to read as
16follows:
17279.72 Training on dyslexia.
18By July 1, 2024, the board of directors of a school
19district shall require all persons employed by the school
20district who hold a teaching license with an endorsement
21for prekindergarten, prekindergarten or elementary special
22education, or prekindergarten through grade three levels
23issued under chapter 272 256, subchapter VII, part 3, all
24practitioners and paraprofessionals assigned as Title I
25teachers and Title I paraprofessionals under the federal Every
26Student Succeeds Act, Pub.L. No.114-95, and all practitioners
27endorsed to teach English as a second language to complete the
28Iowa reading research center dyslexia overview module. Such
29persons employed by the school district after July 1, 2024,
30shall complete the module within one year of the employee’s
31initial date of hire.
32 Sec. 2608. Section 279.73, subsection 2, Code 2023, is
33amended to read as follows:
342. If the board of directors of the school district or
35a court finds that an employee of the school district who
-1438-1holds a license, certificate, statement of recognition, or
2authorization issued by the board of educational examiners
3under chapter 272 256, subchapter VII, part 3, discriminated
4against a student or employee in violation of this section,
5the employee found to be in violation under this section shall
6be subject to a hearing conducted by the board of educational
7examiners pursuant to section 272.2, subsection 14, which may
8result in disciplinary action and the employee’s employment may
9be terminated.
10 Sec. 2609. Section 284.2, subsections 1, 7, and 11, Code
112023, are amended to read as follows:
121. “Beginning teacher” means an individual serving under
13an initial or intern license, issued under chapter 272 256,
14subchapter VII, part 3, who is assuming a position as a
15teacher. “Beginning teacher” includes an individual who is
16an initial teacher. For purposes of the beginning teacher
17mentoring and induction program created pursuant to section
18284.5, “beginning teacher” also includes preschool teachers
19who are licensed under chapter 272 256, subchapter VII, part
203, and are employed by a school district or area education
21agency. “Beginning teacher” does not include a teacher whose
22employment with a school district or area education agency is
23probationary unless the teacher is serving under an initial or
24teacher intern license issued under chapter 272 256, subchapter
25VII, part 3.
267. “Mentor” means an individual employed by a school
27district or area education agency as a teacher or a retired
28teacher who holds a valid license issued under chapter 272 256,
29subchapter VII, part 3. The individual must have a record of
30three years of successful teaching practice, must be employed
31on a nonprobationary basis, and must demonstrate professional
32commitment to both the improvement of teaching and learning and
33the development of beginning teachers.
3411. “Teacher” means an individual who holds a practitioner’s
35license issued under chapter 272 256, subchapter VII, part
-1439-13, or a statement of professional recognition issued under
2chapter 272 256, subchapter VII, part 3, who is employed in
3a nonadministrative position by a school district or area
4education agency pursuant to a contract issued by a board of
5directors under section 279.13. A teacher may be employed in
6both an administrative and a nonadministrative position by a
7board of directors and shall be considered a part-time teacher
8for the portion of time that the teacher is employed in a
9nonadministrative position.
10 Sec. 2610. Section 284.10, subsection 2, Code 2023, is
11amended to read as follows:
122. An administrator licensed under chapter 272 256,
13subchapter VII, part 3, who conducts evaluations of teachers
14for purposes of this chapter shall complete the evaluator
15training program. A practitioner licensed under chapter 272
16 256, subchapter VII, part 3, who is not an administrator
17may enroll in the evaluator training program. Enrollment
18preference shall be given to administrators. Upon successful
19completion, the provider shall certify that the administrator
20or other practitioner is qualified to conduct evaluations
21for employment, make recommendations for licensure, and make
22recommendations that a teacher is qualified to advance from one
23career path level to the next career path level pursuant to
24this chapter. Certification is for a period of five years and
25may be renewed.
26 Sec. 2611. Section 284.15, subsection 2, paragraph a,
27subparagraph (1), Code 2023, is amended to read as follows:
28(1) The salary for an initial teacher who has successfully
29completed an approved practitioner preparation program as
30defined in section 272.1 or holds an initial or intern teacher
31license issued under chapter 272 256, subchapter VII, part 3,
32 shall be at least thirty-three thousand five hundred dollars,
33which shall also constitute the minimum salary for an Iowa
34teacher.
35 Sec. 2612. Section 284.15, subsection 2, paragraph b,
-1440-1unnumbered paragraph 1, Code 2023, is amended to read as
2follows:
3A career teacher is a teacher who holds a statement of
4professional recognition issued under chapter 272 256,
5subchapter VII, part 3, or who meets all of the following
6requirements:
7 Sec. 2613. Section 284.15, subsection 2, paragraph b,
8subparagraph (2), Code 2023, is amended to read as follows:
9(2) Holds a valid license issued under chapter 272 256,
10subchapter VII, part 3.
11 Sec. 2614. Section 284.15, subsection 2, paragraphs d and e,
12Code 2023, are amended to read as follows:
13d. Mentor teacher. A mentor teacher is a teacher who
14is evaluated by the school district as demonstrating the
15competencies and superior teaching skills of a mentor teacher,
16and has been recommended for a one-year assignment as a mentor
17teacher by a site-based review council appointed pursuant to
18subsection 4. In addition, a mentor teacher shall hold a
19valid license issued under chapter 272 256, subchapter VII,
20part 3, participate in teacher professional development as
21outlined in this chapter, demonstrate continuous improvement in
22teaching, and possess the skills and qualifications to assume
23leadership roles. A mentor teacher shall have a teaching load
24of not more than seventy-five percent student instruction to
25allow the teacher to mentor other teachers. A school district
26shall designate at least ten percent of its teachers as mentor
27teachers, though the district may enter into an agreement with
28one or more other districts or an area education agency to meet
29this requirement through a collaborative arrangement. The
30terms of the teaching contracts issued under section 279.13 to
31mentor teachers shall exceed by ten days the terms of teaching
32contracts issued under section 279.13 to career teachers, and
33the ten additional contract days shall be used to strengthen
34instructional leadership in accordance with this subsection. A
35mentor teacher shall receive annually a salary supplement of
-1441-1at least five thousand dollars.
2e. Lead teacher. A lead teacher is a teacher who holds a
3valid license issued under chapter 272 256, subchapter VII,
4part 3, and has been recommended for a one-year assignment
5as a lead teacher by a site-based review council appointed
6pursuant to subsection 4. The recommendation from the council
7must assert that the teacher possesses superior teaching
8skills and the ability to lead adult learners. A lead
9teacher shall assume leadership roles that may include but
10are not limited to the planning and delivery of professional
11development activities designed to improve instructional
12strategies; the facilitation of an instructional leadership
13team within the lead teacher’s building, school district, or
14other school districts; the mentoring of other teachers; and
15participation in the evaluation of student teachers. A lead
16teacher shall have a teaching load of not more than fifty
17percent student instruction to allow the lead teacher to spend
18time on co-teaching; co-planning; peer reviews; observing
19career teachers, model teachers, and mentor teachers; and other
20duties mutually agreed upon by the superintendent and the lead
21teacher. A school district shall designate at least five
22percent of its teachers as lead teachers, though the district
23may enter into an agreement with one or more other districts
24or an area education agency to meet this requirement through a
25collaborative arrangement. The terms of the teaching contracts
26issued under section 279.13 to lead teachers shall exceed by
27fifteen days the terms of teaching contracts issued under
28section 279.13 to career teachers, and the fifteen additional
29contract days shall be used to strengthen instructional
30leadership in accordance with this subsection. A lead teacher
31shall receive annually a salary supplement of at least ten
32thousand dollars.
33 Sec. 2615. Section 284.16, subsection 1, paragraph a,
34subparagraphs (1) and (2), Code 2023, are amended to read as
35follows:
-1442- 1(1) Has successfully completed an approved practitioner
2preparation program as defined in section 272.1 or holds an
3intern teacher license issued under chapter 272 256, subchapter
4VII, part 3.
5(2) Holds an initial or intern teacher license issued under
6chapter 272 256, subchapter VII, part 3.
7 Sec. 2616. Section 284.16, subsection 1, paragraph b,
8unnumbered paragraph 1, Code 2023, is amended to read as
9follows:
10A career teacher is a teacher who holds a statement
11of professional recognition issued under chapter 272
12 256, subchapter VII, part 3, or who meets the following
13requirements:
14 Sec. 2617. Section 284.16, subsection 1, paragraph b,
15subparagraph (3), Code 2023, is amended to read as follows:
16(3) Holds a valid license issued under chapter 272 256,
17subchapter VII, part 3.
18 Sec. 2618. Section 284A.2, subsections 1, 2, and 7, Code
192023, are amended to read as follows:
201. “Administrator” means an individual holding a
21professional administrator license issued under chapter 272
22 256, subchapter VII, part 3, who is employed in a school
23district administrative position by a school district or area
24education agency pursuant to a contract issued by a board of
25directors under section 279.23 and is engaged in instructional
26leadership. An administrator may be employed in both an
27administrative and a nonadministrative position by a board of
28directors and shall be considered a part-time administrator
29for the portion of time that the individual is employed in an
30administrative position.
312. “Beginning administrator” means an individual serving
32under an administrator license, issued by the board of
33educational examiners under chapter 272 256, subchapter VII,
34part 3, who is assuming a position as a school district
35principal or superintendent for the first time.
-1443- 17. “Mentor” means an individual employed by a school
2district or area education agency as a school district
3administrator or a retired administrator who holds a valid
4license issued under chapter 272 256, subchapter VII, part 3.
5The individual must have a record of four years of successful
6administrative experience and must demonstrate professional
7commitment to both the improvement of teaching and learning and
8the development of beginning administrators.
9 Sec. 2619. Section 284A.6, subsection 2, Code 2023, is
10amended to read as follows:
112. In cooperation with the administrator’s evaluator, the
12administrator who has a professional administrator license
13issued by the board of educational examiners pursuant to
14chapter 272 256, subchapter VII, part 3, and is employed
15by a school district or area education agency in a school
16district administrative position shall develop an individual
17administrator professional development plan. The purpose
18of the plan is to promote individual and group professional
19development. The individual plan shall be based, at a minimum,
20on the needs of the administrator, the Iowa standards for
21school administrators adopted pursuant to section 256.7,
22subsection 27, and the student achievement goals of the
23attendance center and the school district as outlined in the
24comprehensive school improvement plan.
25 Sec. 2620. Section 284A.7, Code 2023, is amended to read as
26follows:
27284A.7 Evaluation requirements for administrators.
28A school district shall conduct an annual evaluation of an
29administrator who holds a professional administrator license
30issued under chapter 272 256, subchapter VII, part 3, for
31purposes of assisting the administrator in making continuous
32improvement, documenting continued competence in the Iowa
33standards for school administrators adopted pursuant to
34section 256.7, subsection 27, or to determine whether the
35administrator’s practice meets school district expectations.
-1444-1The evaluation shall include, at a minimum, an assessment of
2the administrator’s competence in meeting the Iowa standards
3for school administrators and the goals of the administrator’s
4individual professional development plan, including supporting
5documentation or artifacts aligned to the Iowa standards for
6school administrators and the individual administrator’s
7professional development plan.
8 Sec. 2621. Section 299A.2, Code 2023, is amended to read as
9follows:
10299A.2 Competent private instruction by licensed
11practitioner.
12If a licensed practitioner provides competent instruction
13to a school-age child, the practitioner shall possess a valid
14license or certificate which has been issued by the state board
15of educational examiners under chapter 272 256, subchapter VII,
16part 3, and which is appropriate to the ages and grade levels
17of the children to be taught. Competent private instruction
18may include but is not limited to a home school assistance
19program which provides instruction or instructional supervision
20offered through an accredited nonpublic school or public school
21district by a teacher, who is employed by the accredited
22nonpublic school or public school district, who assists and
23supervises a parent, guardian, or legal custodian in providing
24instruction to a child. If competent private instruction is
25provided through a public school district, the child shall be
26enrolled and included in the basic enrollment of the school
27district as provided in section 257.6. Sections 299A.3 through
28299A.7 do not apply to competent private instruction provided
29by a licensed practitioner under this section. However, the
30reporting requirement contained in section 299A.3, subsection
311, shall apply to competent private instruction provided by
32licensed practitioners that is not part of a home school
33assistance program offered through an accredited nonpublic
34school or public school district.
35 Sec. 2622. Section 622.10, subsection 8, Code 2023, is
-1445-1amended to read as follows:
28. A qualified school guidance counselor, who is licensed
3by the board of educational examiners under chapter 272 256,
4subchapter VII, part 3, and who obtains information by reason
5of the counselor’s employment as a qualified school guidance
6counselor, shall not be allowed, in giving testimony, to
7disclose any confidential communications properly entrusted
8to the counselor by a pupil or the pupil’s parent or guardian
9in the counselor’s capacity as a qualified school guidance
10counselor and necessary and proper to enable the counselor to
11perform the counselor’s duties as a qualified school guidance
12counselor.
13 Sec. 2623. Section 709.15, subsection 1, paragraph g,
14subparagraph (1), subparagraph divisions (a) and (b), Code
152023, are amended to read as follows:
16(a) A person who holds a license, certificate, or statement
17of professional recognition issued under chapter 272 256,
18subchapter VII, part 3.
19(b) A person who holds an authorization issued under chapter
20272 256, subchapter VII, part 3.
21 Sec. 2624. Section 714.19, subsection 4, Code 2023, is
22amended to read as follows:
234. Private and nonprofit elementary or secondary schools
24recognized by the department of education or the board of
25directors of a school district for the purpose of complying
26with chapter 299 and employing teachers licensed under chapter
27272 256, subchapter VII, part 3.
28 Sec. 2625. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfers:
31a. Section 272.1 to section 256.145.
32b. Section 272.2 to section 256.146.
33c. Section 272.3 to section 256.147.
34d. Section 272.4 to section 256.148.
35e. Section 272.5 to section 256.149.
-1446- 1f. Section 272.6 to section 256.150.
2g. Section 272.7 to section 256.151.
3h. Section 272.8 to section 256.152.
4i. Section 272.9 to section 256.153.
5j. Section 272.9A to section 256.154.
6k. Section 272.10 to section 256.155.
7l. Section 272.11 to section 256.156.
8m. Section 272.12 to section 256.157.
9n. Section 272.13 to section 256.158.
10o. Section 272.14 to section 256.159.
11p. Section 272.15 to section 256.160.
12q. Section 272.16 to section 256.161.
13r. Section 272.20 to section 256.162.
14s. Section 272.28 to section 256.163.
15t. Section 272.29 to section 256.164.
16u. Section 272.31 to section 256.165.
172. The Code editor shall correct internal references in the
18Code and in any enacted legislation as necessary due to the
19enactment of this section.
203. The Code editor may designate sections 256.145 through
21256.165, as enacted in this division of this Act, as new part 3
22entitled “Board of Educational Examiners” within the subchapter
23entitled “Higher Education Division” as enacted by another
24division of this Act.
25 Sec. 2626. TRANSITION PROVISIONS.
261. Any license, certificate, or authorization issued by
27the board of education examiners pursuant to chapter 272 prior
28to the effective date of this division of this Act is valid
29and shall continue as provided in the terms of the license,
30certificate, or authorization.
312. Federal funds utilized by the board of educational
32examiners prior to the effective date of this division of this
33Act to employ personnel necessary for the administration of the
34board of educational examiners’ programs shall be applied to
35and be available for the transfer of such personnel from the
-1447-1board of educational examiners to the higher education division
2of the department of education.
3 Sec. 2627. APPLICABILITY. This division of this Act applies
4to individuals appointed as the executive director of the board
5of educational examiners before, on, or after the effective
6date of this division of this Act.
7COLLEGE STUDENT AID COMMISSION
8 Sec. 2628. Section 8A.504, subsection 1, paragraph d,
9subparagraph (2), Code 2023, is amended to read as follows:
10(2) An amount that is due because of a default on a loan
11under chapter 261 256, subchapter VII, part 4.
12 Sec. 2629. Section 8A.504, subsection 4, Code 2023, is
13amended to read as follows:
144. The director shall have the authority to enter into
15reciprocal agreements with the departments of revenue of other
16states that have enacted legislation that is substantially
17equivalent to the setoff procedure provided in this section for
18the recovery of an amount due because of a default on a loan
19under chapter 261 256, subchapter VII, part 4. A reciprocal
20agreement shall also be approved by the college student aid
21commission. The agreement shall authorize the department to
22provide by rule for the setoff of state income tax refunds
23or rebates of defaulters from states with which Iowa has a
24reciprocal agreement and to provide for sending lists of
25names of Iowa defaulters to the states with which Iowa has
26a reciprocal agreement for setoff of that state’s income tax
27refunds.
28 Sec. 2630. Section 261.1, subsection 1, Code 2023, is
29amended to read as follows:
301. There is hereby created within the higher education
31division of the department a commission to be known as the
32“College Student Aid Commission” of the state of Iowa.
33 Sec. 2631. Section 261.1, subsection 2, paragraphs a and b,
34Code 2023, are amended to read as follows:
35a. A member of the state board of regents to be named by the
-1448- 1state board of regents, or the executive director of the state
2 board of regents if so appointed by the state board of regents,
3who shall serve for a four-year term or until the expiration
4of the member’s term of office.
5b. The director of the department of education or the
6director’s designee.
7 Sec. 2632. Section 261.1, subsection 4, paragraph a, Code
82023, is amended to read as follows:
9a. Vacancies on the commission shall be filled for the
10unexpired term of such vacancies, if applicable, in the same
11manner as the original appointment.
12 Sec. 2633. Section 261.1, Code 2023, is amended by adding
13the following new subsection:
14 NEW SUBSECTION. 5. The director shall appoint an executive
15director of the commission. The director shall set the salary
16of the executive director.
17 Sec. 2634. Section 261.2, subsection 2, Code 2023, is
18amended to read as follows:
192. Administer the tuition grant program under this chapter
20 part.
21 Sec. 2635. Section 261.3, Code 2023, is amended to read as
22follows:
23261.3 Organization — bylaws.
241. The commission is an autonomous state agency which is
25attached to the department of education for organizational
26purposes only.
272. 1. The commission, under the authority of the higher
28education division of the department, shall determine its
29own organization, draw up its own bylaws, adopt rules under
30chapter 17A, and do such other things as may be necessary
31and incidental in the administration of this chapter part,
32including the housing, employment, and fixing the compensation
33and bond of persons required to carry out its functions and
34responsibilities. A decision of the commission is final agency
35action under chapter 17A.
-1449- 13. 2. The commission shall function at the seat of
2government or such other place as it the commission might
3designate.
4 Sec. 2636. Section 261.5, subsection 2, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6Notwithstanding any other provision of this chapter part, in
7the event of a national emergency declared by the president of
8the United States by reason of terrorist attack, the commission
9may waive or modify any statutory or regulatory provision
10applicable to state financial aid programs established pursuant
11to this chapter part to ensure, with regard to affected
12individuals, that the following occurs:
13 Sec. 2637. Section 261.5, subsection 3, Code 2023, is
14amended to read as follows:
153. Notwithstanding any other provision of this chapter
16 part, in the event of a national emergency declared by the
17president of the United States by reason of terrorist attack,
18the commission may grant temporary relief from requirements
19rendered infeasible or unreasonable, including due diligence
20requirements and reporting deadlines, by the national
21emergency, to an institution of higher education under the
22state board of regents, a community college, an accredited
23private institution as defined in section 261.9, eligible
24lenders, and other entities participating in the state student
25assistance programs in accordance with this chapter part, that
26are located in, or whose operations are directly affected
27by, areas that are declared disaster areas by any federal,
28state, or local official in connection with the national
29emergency. If the commission issues a waiver in accordance
30with this section, the report prepared by the commission
31pursuant to section 17A.9A, subsection 5, shall include
32examples of measures that a postsecondary institution may take
33in the appropriate exercise of discretion, as provided in 20
34U.S.C. §1087tt, to adjust financial need and aid eligibility
35determinations for affected individuals.
-1450-1 Sec. 2638. Section 261.9, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3When used in this subchapter subpart, unless the context
4otherwise requires:
5 Sec. 2639. Section 261.9, subsection 1, paragraph b, Code
62023, is amended to read as follows:
7b. Is accredited by the higher learning commission, is
8exempt from taxation under section 501(c)(3) of the Internal
9Revenue Code, and annually provides a matching aggregate amount
10of institutional financial aid equal to at least seventy-five
11percent of the amount received in a fiscal year by the
12institution’s students for Iowa tuition grant assistance under
13this chapter part. Commencing with the fiscal year beginning
14July 1, 2006, the matching aggregate amount of institutional
15financial aid shall increase by the percentage of increase each
16fiscal year of funds appropriated for Iowa tuition grants under
17section 261.25, subsection 1, to a maximum match of one hundred
18percent. The institution shall file annual reports with the
19commission prior to receipt of tuition grant moneys under this
20chapter part. An institution whose income is not exempt from
21taxation under section 501(c) of the Internal Revenue Code and
22whose students were eligible to receive Iowa tuition grant
23money in the fiscal year beginning July 1, 2003, shall meet the
24match requirements of this paragraph no later than June 30,
252005.
26 Sec. 2640. Section 261.9, subsection 8, Code 2023, is
27amended to read as follows:
288. “Tuition grant” means an award by the state of Iowa to a
29qualified student under this subchapter subpart.
30 Sec. 2641. Section 261.15, subsection 2, Code 2023, is
31amended to read as follows:
322. Adopt rules and regulations for determining financial
33need, defining tuition and mandatory fees, defining residence
34for the purposes of this subchapter subpart, processing and
35approving applications for tuition grants, and determining
-1451-1priority of grants. The commission may provide for proration
2of funds if the available funds are insufficient to pay all
3approved grants. Such proration shall take primary account of
4the financial need of the applicant. In determining who is a
5resident of Iowa, the commission’s rules shall be at least as
6restrictive as those of the board of regents.
7 Sec. 2642. Section 261.16A, subsection 7, Code 2023, is
8amended to read as follows:
97. Reports to commission. An eligible institution shall
10file annual reports with the commission, as required by the
11commission and under section 261.9, prior to receipt of tuition
12grant moneys under this chapter part.
13 Sec. 2643. Section 261.17, subsection 5, Code 2023, is
14amended to read as follows:
155. A vocational-technical tuition grant shall be awarded
16on an annual basis, requiring reapplication by the student for
17each year. Payments under the grant shall be allocated equally
18among the semesters or quarters of the year upon certification
19by the institution that the student is in full-time or
20part-time attendance in a vocational-technical or career option
21program, as defined under rules of the department of education.
22If the student discontinues attendance before the end of any
23term after receiving payment of the grant, the entire amount of
24any refund due that student, up to the amount of any payments
25made under the annual grant, shall be paid by the institution
26to the state.
27 Sec. 2644. Section 261.20, subsection 1, Code 2023, is
28amended to read as follows:
291. A scholarship and tuition grant reserve fund is created
30to assure that financial assistance will be available to all
31students who are awarded scholarships or tuition grants through
32programs funded under this chapter part. The fund is created
33as a separate fund in the state treasury, and moneys in the
34fund shall not revert to the general fund unless, and then
35only to the extent that, the funds exceed the maximum allowed
-1452-1balance.
2 Sec. 2645. Section 261.35, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4As used in this subchapter subpart, unless the context
5otherwise requires:
6 Sec. 2646. Section 261.36, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8The commission shall have necessary powers to carry out its
9purposes and duties under this subchapter subpart, including
10but not limited to the power to:
11 Sec. 2647. Section 261.37, unnumbered paragraph 1, Code
122023, is amended to read as follows:
13The duties of the commission under this subchapter subpart
14 shall be as follows:
15 Sec. 2648. Section 261.37, subsections 5 and 7, Code 2023,
16are amended to read as follows:
175. To adopt rules pursuant to chapter 17A to implement
18the provisions of this subchapter subpart, including
19establishing standards for educational institutions, lenders,
20and individuals to become eligible institutions, lenders, and
21borrowers. Notwithstanding any contrary provisions in chapter
22537, the rules and standards established shall be consistent
23with the requirements provided in the Higher Education Act of
241965.
257. To establish an effective system for the collection of
26delinquent loans, including the adoption of an agreement with
27the department of administrative services to set off against
28a defaulter’s income tax refund or rebate the amount that is
29due because of a default on a loan made under this subchapter
30 subpart. The commission shall adopt rules under chapter 17A
31necessary to assist the department of administrative services
32in the implementation of the student loan setoff program as
33established under section 8A.504. The commission shall apply
34administrative wage garnishment procedures authorized under the
35federal Higher Education Act of 1965, as amended and codified
-1453-1in 20 U.S.C. §1071 et seq., for all delinquent loans, including
2loans authorized under section 261.38, when a defaulter who is
3financially capable of paying fails to voluntarily enter into a
4reasonable payment agreement. In no case shall the commission
5garnish more than the amount authorized by federal law for
6all loans being collected by the commission, including those
7authorized under section 261.38.
8 Sec. 2649. Section 261.42, Code 2023, is amended to read as
9follows:
10261.42 Short title.
11This subchapter subpart shall be known and may be cited as
12the “Iowa Guaranteed Loan Program”.
13 Sec. 2650. Section 261.43A, Code 2023, is amended to read
14as follows:
15261.43A Security interest in education loans.
16A nonprofit organization qualifying for tax-exempt status
17under the Internal Revenue Code, as defined in section 422.3,
18that provides or acquires education loans in the organization’s
19normal course of business shall, notwithstanding any contrary
20provision of chapter 554 or other state law, establish and
21perfect a security interest and establish priority over other
22security interests in such education loans by filing in the
23same manner as provided for perfecting a security interest in
24a student loan pursuant to 20 U.S.C. §1082(m)(1)(E). This
25section applies to education loans provided under this chapter
26 part by such nonprofit organizations and other education loans
27provided by such nonprofit organizations.
28 Sec. 2651. Section 261.87, subsection 1, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30As used in this subchapter subpart, unless the context
31otherwise requires:
32 Sec. 2652. Section 261.102, subsection 7, Code 2023, is
33amended to read as follows:
347. “Program” means the Iowa minority academic grants
35for economic success program established in this subchapter
-1454-1 subpart.
2 Sec. 2653. Section 261.110, subsections 1 and 5, Code 2023,
3are amended to read as follows:
41. A teach Iowa scholar program is established to provide
5teach Iowa scholar grants to selected high-caliber teachers.
6The commission shall administer the program in collaboration
7with the department of education.
85. The commission, in collaboration with the department
9of education, shall adopt rules pursuant to chapter 17A to
10administer this section. The rules shall include but shall not
11be limited to a process for use by the commission to determine
12which eligible applicants will receive teach Iowa scholar
13grants.
14 Sec. 2654. Section 261.110, subsection 3, paragraph a, Code
152023, is amended to read as follows:
16a. The applicant was in the top twenty-five percent
17academically of students exiting a teacher preparation program
18approved by the state board of education pursuant to section
19256.7, subsection 3, or a similar teacher preparation program
20in another state, or had earned other comparable academic
21credentials.
22 Sec. 2655. Section 261.111, subsection 2, Code 2023, is
23amended to read as follows:
242. The director of the department of education shall
25annually designate the areas in which teacher shortages are
26anticipated. The director shall periodically conduct a survey
27of school districts, accredited nonpublic schools, and approved
28practitioner preparation programs to determine current shortage
29areas and predict future shortage areas.
30 Sec. 2656. Section 261.112, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. A teacher shortage loan forgiveness program is
33established to be administered by the commission. A teacher
34is eligible for the program if the teacher is practicing in
35a teacher shortage area as designated by the department of
-1455-1education pursuant to subsection 2. A person is ineligible
2for this program if the person receives a grant under section
3261.110 or a forgivable loan under section 261.111. For
4purposes of this section, “teacher” means an individual holding
5a practitioner’s license issued under chapter 272 part 3, who
6is employed in a nonadministrative position in a designated
7shortage area by a school district or area education agency
8pursuant to a contract issued by a board of directors under
9section 279.13.
102. The director of the department of education shall
11annually designate the geographic or subject areas experiencing
12teacher shortages. The director shall periodically conduct a
13survey of school districts, accredited nonpublic schools, and
14approved practitioner preparation programs to determine current
15shortage areas.
16 Sec. 2657. Section 261.130, subsection 2, Code 2023, is
17amended to read as follows:
182. Skilled workforce shortage tuition grants shall be
19awarded only to students pursuing a career-technical or career
20option program in an industry identified as having a shortage
21of skilled workers by a community college after conducting a
22regional skills gap analysis or as being a high-demand job by
23the department of workforce development in the department’s
24 department of workforce development’s most recent list of
25high-demand jobs. If a community college no longer identifies
26the industry as having a shortage of skilled workers or the
27department of workforce development no longer identifies the
28industry as a high-demand job, an eligible student who received
29a grant for a career-technical or career option program based
30on that identification shall continue to receive the grant
31until achieving a postsecondary credential, up to an associate
32degree, as long as the student is continuously enrolled in
33that program and continues to meet all other eligibility
34requirements.
35 Sec. 2658. Section 261.131, subsection 1, paragraph b, Code
-1456-12023, is amended to read as follows:
2b. “Approved state-recognized work-based learning program”
3means a structured educational and training program that
4includes authentic worksite training and is approved by the
5department of education according to a process established
6under rules adopted pursuant to section 256.7, subsection 34.
7 Sec. 2659. Section 261.132, subsection 1, paragraph c, Code
82023, is amended to read as follows:
9c. “Eligible program” means a program of study or an
10academic major jointly approved by the commission and the
11department of workforce development, in consultation with the
12eligible institution, that leads to a bachelor’s degree aligned
13with a high-demand job designated by the workforce development
14board pursuant to section 84A.1B, subsection 14. If the
15department of workforce development removes a high-demand job
16from the list created under section 84A.1B, subsection 14, an
17eligible student who received a grant for a program based on
18that high-demand job shall continue to receive the grant until
19achieving a bachelor’s degree as long as the student continues
20to meet all other eligibility requirements.
21 Sec. 2660. Section 261B.11A, subsection 1, Code 2023, is
22amended to read as follows:
231. Students attending schools required to register under
24this chapter are ineligible for state student financial aid
25programs established under chapter 261 256, subchapter VII,
26part 4.
27 Sec. 2661. Section 261F.1, subsection 5, paragraph e, Code
282023, is amended to read as follows:
29e. State education grants, scholarships, or financial aid
30funds administered under chapter 261 256, subchapter VII, part
314.
32 Sec. 2662. Section 261G.4, subsections 1, 2, and 5, Code
332023, are amended to read as follows:
341. Notwithstanding any other provision of law to the
35contrary, a participating nonresident institution shall not
-1457-1be required to register under chapter 261B or to comply with
2the registration and disclosure requirements of chapter 261
3 256, subchapter VII, part 4, or chapter 261B or section 714.17,
4subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
5714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
6section 714.25, if the provisions of an interstate reciprocity
7agreement prohibit such registration or compliance.
82. Notwithstanding any other provision of law to the
9contrary, a participating resident institution shall be
10required to register under chapter 261B or to comply with the
11registration and disclosure requirements of chapter 261 256,
12subchapter VII, part 4, or chapter 261B or section 714.17,
13subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
14714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
15section 714.25, if the provisions of the interstate reciprocity
16agreement require such registration or compliance.
175. Students attending a participating nonresident
18institution are ineligible for state student financial aid
19programs established under chapter 261 256, subchapter VII,
20part 4.
21 Sec. 2663. CODE EDITOR DIRECTIVE.
221. The Code editor is directed to make the following
23transfers:
24a. Section 261.1 to section 256.176.
25b. Section 261.2 to section 256.177.
26c. Section 261.3 to section 256.178.
27d. Section 261.4 to section 256.179.
28e. Section 261.5 to section 256.180.
29f. Section 261.7 to section 256.181.
30g. Section 261.8 to section 256.182.
31h. Section 261.9 to section 256.183.
32i. Section 261.10 to section 256.184.
33j. Section 261.11 to section 256.185.
34k. Section 261.12 to section 256.186.
35l. Section 261.13 to section 256.187.
-1458- 1m. Section 261.14 to section 256.188.
2n. Section 261.15 to section 256.189.
3o. Section 261.16 to section 256.190.
4p. Section 261.16A to section 256.191.
5q. Section 261.17 to section 256.192.
6r. Section 261.20 to section 256.193.
7s. Section 261.25 to section 256.194.
8t. Section 261.35 to section 256.195.
9u. Section 261.36 to section 256.196.
10v. Section 261.37 to section 256.197.
11w. Section 261.38 to section 256.198.
12x. Section 261.42 to section 256.199.
13y. Section 261.43 to section 256.200.
14z. Section 261.43A to section 256.201.
15aa. Section 261.62 to section 256.202.
16ab. Section 261.71 to section 256.203.
17ac. Section 261.72 to section 256.204.
18ad. Section 261.73 to section 256.205.
19ae. Section 261.81 to section 256.206.
20af. Section 261.83 to section 256.207.
21ag. Section 261.84 to section 256.208.
22ah. Section 261.85 to section 256.209.
23ai. Section 261.86 to section 256.210.
24aj. Section 261.86A to section 256.211.
25ak. Section 261.87 to section 256.212.
26al. Section 261.101 to section 256.213.
27am. Section 261.102 to section 256.214.
28an. Section 261.103 to section 256.215.
29ao. Section 261.104 to section 256.216.
30ap. Section 261.105 to section 256.217.
31aq. Section 261.110 to section 256.218.
32ar. Section 261.111 to section 256.219.
33as. Section 261.112 to section 256.220.
34at. Section 261.113 to section 256.221.
35au. Section 261.114 to section 256.222.
-1459- 1av. Section 261.115 to section 256.223.
2aw. Section 261.116 to section 256.224.
3ax. Section 261.117 to section 256.225.
4ay. Section 261.120 to section 256.226.
5az. Section 261.130 to section 256.227.
6ba. Section 261.131 to section 256.228.
7bb. Section 261.132 to section 256.229.
82. The Code editor shall correct internal references in the
9Code and in any enacted legislation as necessary due to the
10enactment of this section.
113. a. The Code editor may designate sections 256.176
12through 256.229, as enacted in this division of this Act, as
13new part 4 entitled “College Student Aid Commission” within the
14subchapter entitled “Higher education division” as enacted by
15another division of this Act.
16b. The Code editor shall designate sections 256.176 through
17256.229 into the following subparts:
18(1) Sections 256.176 through 256.182 shall be designated as
19subpart A and entitled “General Provisions”.
20(2) Sections 256.183 through 256.194 shall be designated as
21subpart B and entitled “Tuition Grants to Students”.
22(3) Sections 256.195 through 256.201 shall be designated as
23subpart C and entitled “Iowa Guaranteed Loan Program”.
24(4) Section 256.202 shall be designated as subpart D and
25entitled “Iowa State Fair Scholarship”.
26(5) Sections 256.203 through 256.205 shall be designated
27as subpart E and entitled “Chiropractic Graduate Student
28Forgivable Loan Program”.
29(6) Sections 256.206 through 256.209 shall be designated as
30subpart F and entitled “Work-Study Program”.
31(7) Sections 256.210 through 256.211 shall be designated as
32subpart G and entitled “National Guard Educational Assistance”.
33(8) Section 256.212 shall be designated as subpart H and
34entitled “All Iowa Opportunity Scholarships”.
35(9) Sections 256.213 through 256.217 shall be designated as
-1460-1subpart I and entitled “Minority Academic Grants for Economic
2Success”.
3(10) Sections 256.218 through 256.220 shall be designated
4as subpart J and entitled “Teach Iowa Scholar Grants and
5Teacher Shortage Forgivable Loan and Loan Forgiveness
6Programs”.
7(11) Sections 256.221 through 256.226 shall be designated
8as subpart K and entitled “Other Loan Repayment and Forgiveness
9Programs — Health Professions”.
10(12) Sections 256.227 through 256.229 shall be designated
11as subpart L and entitled “Skilled Workforce Shortage Tuition
12Grant Program”.
13 Sec. 2664. TRANSITION PROVISIONS.
141. Any scholarship, loan, or grant awarded under a
15program administered by the college student aid commission in
16accordance with chapter 261 prior to the effective date of this
17division of this Act is valid and shall continue as provided in
18the terms of the scholarship, loan, or grant.
192. Federal funds utilized by the college student aid
20commission prior to the effective date of this division of this
21Act to employ personnel necessary for the administration of the
22college student aid commission’s programs shall be applied to
23and be available for the transfer of such personnel from the
24college student aid commission to the higher education division
25of the department of education.
26 Sec. 2665. APPLICABILITY. This division of this Act
27applies to individuals appointed as the executive director of
28the college student aid commission before, on, or after the
29effective date of this division of this Act.
30COMMUNITY COLLEGES BUREAU
31 Sec. 2666. Section 256.9, subsection 36, Code 2023, is
32amended by striking the subsection.
33 Sec. 2667. Section 260C.2, Code 2023, is amended by adding
34the following new subsections:
35 NEW SUBSECTION. 01. “Bureau” means the community colleges
-1461-1bureau of the higher education division of the department
2established under section 260C.6.
3 NEW SUBSECTION. 001. “Bureau chief” means the bureau
4chief of the community colleges bureau of the higher education
5division of the department.
6 Sec. 2668. Section 260C.5, Code 2023, is amended to read as
7follows:
8260C.5 Duties of director Community colleges bureau — duties
9of bureau chief.
10The director shall appoint the bureau chief, and the bureau
11chief shall direct the work of the personnel as necessary to
12carry out this chapter. The bureau chief shall do all of the
13following:
141. Designate a community college as an “area career and
15technical education school” within the meaning of, and for the
16purpose of administering, the federal Carl D. Perkins Career
17and Technical Education Improvement Act of 2006. A community
18college shall not be so designated by the director bureau chief
19 for the expenditure of funds under 20 U.S.C. §2301 et seq.,
20as amended, which has not been designated and classified as a
21community college by the state board.
222. Change boundaries of director districts in a merged area
23when the board fails to change boundaries as required by law.
243. Make changes in boundaries of merged areas with the
25approval of the board of directors of each merged area affected
26by the change. When the boundaries of a merged area are
27changed, the director of the department of education bureau
28chief may authorize the board of directors of the merged area
29to levy additional taxes upon the property within the merged
30area, or any part of the merged area, and distribute the taxes
31so that all parts of the merged area are paying their share
32toward the support of the college.
334. Administer, allocate, and disburse federal or state
34funds made available to pay a portion of the cost of acquiring
35sites for and constructing, acquiring, or remodeling facilities
-1462-1for community colleges, and establish priorities for the use
2of such funds.
35. Administer, allocate, and disburse federal or state
4funds available to pay a portion of the operating costs of
5community colleges.
66. Propose administrative rules to carry out this chapter
7subject to approval of the state board.
87. Enter into contracts with local school boards within the
9area that have and maintain a career and technical education
10program and with private schools or colleges in the cooperative
11or merged areas to provide courses or programs of study in
12addition to or as a part of the curriculum made available in
13the community college.
148. Make arrangements with boards of merged areas and local
15school districts to permit students attending high school to
16participate in career and technical education programs and
17advanced college placement courses and obtain credit for such
18participation for application toward the completion of a high
19school diploma. The granting of credit is subject to the
20approval of the director of the department of education bureau
21chief.
229. Prescribe a uniform system of accounting for community
23colleges.
2410. Ensure that community colleges that provide
25intercollegiate athletics as a part of their program comply
26with section 216.9.
2711. Develop an application and review process for approval
28of administrative and program sharing agreements between two
29or more community colleges or a community college and an
30institution of higher education under the board of regents
31entered into pursuant to section 260C.46.
32 Sec. 2669. Section 260C.6, Code 2023, is amended to read as
33follows:
34260C.6 Community colleges division in department bureau in
35the higher education division.
-1463- 1A community colleges division bureau shall be established
2within the higher education division of the department of
3education. The division bureau shall exercise the powers and
4perform the duties conferred by law upon the department with
5respect to community colleges.
6 Sec. 2670. Section 260C.14, subsection 2, Code 2023, is
7amended to read as follows:
82. Have authority to determine tuition rates for
9instruction. Tuition for residents of Iowa shall not exceed
10the lowest tuition rate per semester, or the equivalent,
11charged by an institution of higher education under the state
12board of regents for a full-time resident student. However,
13except for students enrolled under section 261E.6, if a local
14school district pays tuition for a resident pupil of high
15school age, the limitation on tuition for residents of Iowa
16shall not apply, the amount of tuition shall be determined
17by the board of directors of the community college with the
18consent of the local school board, and the pupil shall not
19be included in the full-time equivalent enrollment of the
20community college for the purpose of computing general aid to
21the community college. Tuition for nonresidents of Iowa shall
22not be less than the marginal cost of instruction of a student
23attending the college. A lower tuition for nonresidents may be
24permitted under a reciprocal tuition agreement between a merged
25area and an educational institution in another state, if the
26agreement is approved by the director bureau chief. The board
27may designate that a portion of the tuition moneys collected
28from students be used for student aid purposes.
29 Sec. 2671. Section 260C.14, subsection 21, paragraph a,
30unnumbered paragraph 1, Code 2023, is amended to read as
31follows:
32Annually, by October 1, submit to the department of
33education bureau through the management information system, at
34a minimum, in the manner prescribed by the department bureau
35 the following information for the previous fiscal year:
-1464-1 Sec. 2672. Section 260C.14, subsection 21, paragraph b,
2Code 2023, is amended to read as follows:
3b. The department of education bureau shall define the
4annual supplemental financial reporting required of all
5community colleges regarding revenues received through the
6delivery of college credit courses to high school students.
7The board of directors of each community college shall
8incorporate into their student management information systems
9the unique student identifier used by school districts as
10provided by the department of education to school districts.
11 Sec. 2673. Section 260C.18, subsection 1, Code 2023, is
12amended to read as follows:
131. Federal funds made available and administered by the
14director of the department of education, for purposes provided
15by federal laws, rules, and regulations.
16 Sec. 2674. Section 260C.28, subsection 2, Code 2023, is
17amended to read as follows:
182. However, the board of directors may annually certify
19for levy a tax on taxable property in the merged area at a
20rate in excess of the three cents per thousand dollars of
21assessed valuation specified under subsection 1 if the excess
22tax levied does not cause the total rate certified to exceed a
23rate of nine cents per thousand dollars of assessed valuation,
24and the excess revenue generated is used for purposes of
25program sharing between community colleges or for the purchase
26of instructional equipment. Programs that are shared shall
27be designed to increase student access to community college
28programs and to achieve efficiencies in program delivery at the
29community colleges, including, but not limited to, the programs
30described under section 260C.46. Prior to expenditure of the
31excess revenues generated under this subsection, the board of
32directors shall obtain the approval of the director of the
33department of education bureau chief.
34 Sec. 2675. Section 260C.35, Code 2023, is amended to read
35as follows:
-1465- 1260C.35 Limitation on land.
21. A merged area shall not purchase land which will increase
3the aggregate of land owned by the merged area, excluding land
4acquired by donation or gift, to more than three hundred twenty
5acres without the approval of the director of the department
6of education bureau chief. The limitation does not apply to
7a merged area owning more than three hundred twenty acres,
8excluding land acquired by donation or gift, prior to January
91, 1969.
102. With the approval of the director of the department of
11education bureau chief, the board of directors of a merged
12area at any time may sell any land in excess of one hundred
13sixty acres owned by the merged area, and an election is not
14necessary in connection with the sale. The proceeds of the
15sale may be used for any of the purposes stated in section
16260C.22. This subsection is in addition to any authority under
17other provisions of law.
18 Sec. 2676. Section 260C.36, subsection 2, Code 2023, is
19amended to read as follows:
202. The committee shall submit the plan to the board of
21directors, which shall consider the plan and, once approved,
22submit the plan to the department of education bureau and
23implement the plan not later than July 1, 2003.
24 Sec. 2677. Section 260C.36, subsection 4, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26The department of education bureau shall establish the
27following committees:
28 Sec. 2678. Section 260C.36, subsection 4, paragraphs a and
29c, Code 2023, are amended to read as follows:
30a. An ad hoc accreditation quality faculty plan protocol
31committee to advise the department bureau in the development
32of protocols related to the quality faculty planning process
33to be used by the accreditation teams during site visits. The
34committee shall, at a minimum, determine what types of evidence
35need to be provided, develop interview procedures and visit
-1466-1goals, and propose accreditation protocol revisions.
2c. A community college faculty advisory committee consisting
3of one member and one alternate from each community college,
4appointed by the committee established pursuant to subsection
51. The committee membership shall be equally represented by
6individuals from the liberal arts and sciences faculty and
7the career and technical faculty. The committee shall, at a
8minimum, keep faculty informed of higher education issues,
9facilitate communication between the faculty and the department
10 bureau on an ongoing basis, and serve as an advisory committee
11to the department bureau and community colleges on faculty
12issues.
13 Sec. 2679. Section 260C.36, subsection 4, paragraph b,
14subparagraph (4), Code 2023, is amended to read as follows:
15(4) Assist the department bureau and community colleges in
16developing professional development consortia.
17 Sec. 2680. Section 260C.39, subsection 2, Code 2023, is
18amended to read as follows:
192. If the vote is favorable in each merged area, the boards
20of each area shall proceed to transfer the assets, liabilities,
21and facilities of the areas to the combined merged area, and
22shall serve as the acting board of the combined merged area
23until a new board of directors is elected. The acting board
24shall submit to the director of the department of education
25 bureau chief a plan for redistricting the combined merged area,
26and upon receiving approval from the director bureau chief,
27shall provide for the election of a director from each new
28district at the next regular school election. The directors
29elected from each new district shall determine their terms by
30lot so that the terms of one-third of the members, as nearly
31as may be, expire each year. Election of directors for the
32combined merged area shall follow the procedures established
33for election of directors of a merged area. A combined merged
34area is subject to all provisions of law and rules governing
35merged areas.
-1467-1 Sec. 2681. Section 260C.46, Code 2023, is amended to read
2as follows:
3260C.46 Program and administrative sharing.
4By September 1, 1990, the department The bureau shall
5establish guidelines and an approval process for program
6sharing agreements and for administrative sharing agreements
7entered into by two or more community colleges or by a
8community college and a higher education institution under the
9control of the board of regents. Guidelines established shall
10be designed to increase student access to programs, enhance
11educational program offerings throughout the state, and enhance
12interinstitutional cooperation in program offerings.
13DIVISION XV
14COMMERCE
15CONSUMER ADVOCATE
16 Sec. 2682. Section 475A.3, subsections 1 and 3, Code 2023,
17are amended to read as follows:
181. Office. The office of consumer advocate shall be a
19separate division of the department of justice and located at
20the same location as the utilities division of the department
21of commerce board. Administrative support services may be
22provided to the consumer advocate division by the department of
23commerce utilities board.
243. Salaries, expenses, and appropriation. The salary of
25the consumer advocate shall be fixed by the attorney general
26within the salary range set by the general assembly. The
27salaries of employees of the consumer advocate shall be at
28rates of compensation consistent with current standards in
29industry. The reimbursement of expenses for the employees and
30the consumer advocate is as provided by law. The appropriation
31for the office of consumer advocate shall be a separate line
32item contained in the appropriation from the department of
33 commerce revolving fund created in section 546.12.
34 Sec. 2683. Section 475A.4, Code 2023, is amended to read as
35follows:
-1468- 1475A.4 Utilities division board records.
2The consumer advocate has free access to all the files,
3records, and documents in the office of the utilities division
4 board except:
51. Personal information in confidential personnel records
6of the utilities division board.
72. Records which represent and constitute the work product
8of the general counsel of the utilities board, and records of
9confidential communications between utilities board members and
10their general counsel, where the records relate to a proceeding
11before the board in which the consumer advocate is a party or
12a proceeding in any state or federal court in which both the
13board and the consumer advocate are parties.
143. Customer information of a confidential nature which
15could jeopardize the customer’s competitive status and
16is provided by the utility to the division board. Such
17information shall be provided to the consumer advocate by the
18division board, if the board determines it to be in the public
19interest.
20 Sec. 2684. Section 475A.6, Code 2023, is amended to read as
21follows:
22475A.6 Certification of expenses to utilities division board.
231. a. The consumer advocate shall determine the advocate’s
24expenses, including a reasonable allocation of general office
25expenses, directly attributable to the performance of the
26advocate’s duties involving specific persons subject to direct
27assessment, and shall certify the expenses to the utilities
28division board not less than quarterly. The expenses shall
29then be includable in the expenses of the division board
30 subject to direct assessment under section 476.10.
31b. The consumer advocate shall annually, within ninety
32days after the close of each fiscal year, determine the
33advocate’s expenses, including a reasonable allocation of
34general office expenses, attributable to the performance of the
35advocate’s duties generally, and shall certify the expenses
-1469-1to the utilities division board. The expenses shall then be
2includable in the expenses of the division board subject to
3remainder assessment under section 476.10.
42. The consumer advocate is entitled to notice and
5opportunity to be heard in any utilities board proceeding
6on objection to an assessment for expenses certified by the
7consumer advocate. Expenses assessed under this section shall
8not exceed the amount appropriated for the consumer advocate
9division of the department of justice.
103. The office of consumer advocate may expend additional
11funds, including funds for outside consultants, if those
12additional expenditures are actual expenses which exceed
13the funds budgeted for the performance of the advocate’s
14duties. Before the office expends or encumbers an amount in
15excess of the funds budgeted, the director of the department
16of management shall approve the expenditure or encumbrance.
17Before approval is given, the director of the department of
18management shall determine that the expenses exceed the funds
19budgeted by the general assembly to the office of consumer
20advocate and that the office does not have other funds from
21which such expenses can be paid. Upon approval of the director
22of the department of management, the office may expend and
23encumber funds for excess expenses. The amounts necessary
24to fund the excess expenses shall be collected from those
25utilities or persons which caused the excess expenditures,
26and the collections shall be treated as repayment receipts as
27defined in section 8.2, subsection 8.
28IOWA UTILITIES BOARD
29 Sec. 2685. Section 6A.21, subsection 2, Code 2023, is
30amended to read as follows:
312. The limitation on the definition of public use,
32public purpose, or public improvement does not apply to the
33establishment, relocation, or improvement of a road pursuant
34to chapter 306, or to the establishment of a railway under the
35supervision of the department of transportation as provided in
-1470-1section 327C.2, or to an airport as defined in section 328.1,
2or to land acquired in order to replace or mitigate land used
3in a road project when federal law requires replacement or
4mitigation. This limitation also does not apply to utilities,
5persons, companies, or corporations under the jurisdiction of
6the Iowa utilities board in the department of commerce or to
7any other utility conferred the right by statute to condemn
8private property or to otherwise exercise the power of eminent
9domain, except to the extent such purpose includes construction
10of aboveground merchant lines.
11 Sec. 2686. Section 6B.42, subsection 2, paragraphs b and d,
12Code 2023, are amended to read as follows:
13b. A person aggrieved by a determination made by a utility
14as to eligibility for relocation assistance, a payment, or
15the amount of the payment, upon application, may have the
16matter reviewed by the utilities division of the department of
17commerce board.
18d. A utility or railroad subject to this section that
19proposes to displace a person shall inform the person of the
20person’s right to receive relocation assistance and payments,
21and of an aggrieved person’s right to appeal to the utilities
22division of the department of commerce board or the state
23department of transportation.
24 Sec. 2687. Section 6B.45, subsection 1, Code 2023, is
25amended to read as follows:
261. When any real property or interest in real property
27is to be purchased, or in lieu thereof to be condemned, the
28acquiring agency or its agent shall submit to the person,
29corporation, or entity whose property or interest in the
30property is to be taken, by ordinary mail, at least ten days
31prior to the date upon which the acquiring agency or its agent
32contacts the property owner to commence negotiations, a copy
33of the appraisal in its entirety upon such real property or
34interest in such real property prepared for the acquiring
35agency or its agent, which shall include, at a minimum, an
-1471-1itemization of the appraised value of the real property or
2interest in the property, any buildings on the property, all
3other improvements including fences, severance damages, and
4loss of access. In determining fair market value of property,
5the acquiring agency shall not consider only the assessed value
6assigned to such property for purposes of property taxation.
7The appraisal sent to the condemnee shall be that appraisal
8upon which the condemnor will rely to establish an amount
9which the condemnor believes to be just compensation for the
10real property. All other appraisals made on the property as a
11result of the condemnation proceeding shall be made available
12to the condemnee upon request. In lieu of an appraisal, a
13utility or person under the jurisdiction of the utilities board
14of the department of commerce, or any other utility conferred
15the right by statute to condemn private property, shall provide
16in writing by certified mail to the owner of record thirty
17days prior to negotiations, the methods and factors used in
18arriving at an offered price for voluntary easements including
19the range of cash amount of each component. An acquiring
20agency may obtain a signed written waiver from the landowner to
21allow negotiations to commence prior to the expiration of the
22applicable waiting period for the commencement of negotiations.
23 Sec. 2688. Section 6B.54, subsections 2 and 3, Code 2023,
24are amended to read as follows:
252. Real property shall be appraised as required by section
266B.45 before the initiation of negotiations, and the owner
27or the owner’s designated representative shall be given
28an opportunity to accompany at least one appraiser of the
29acquiring agency during an inspection of the property, except
30that an acquiring agency may prescribe a procedure to waive the
31appraisal in cases involving the acquisition of property with
32a low fair market value. In lieu of an appraisal, a utility
33or person under the jurisdiction of the utilities board of the
34department of commerce, or any other utility conferred the
35right by statute to condemn private property, shall provide in
-1472-1writing by certified mail to the owner of record thirty days
2before negotiations, the methods and factors used in arriving
3at an offered price for voluntary easements including the range
4of cash amount of each component.
53. Before the initiation of negotiations for real property,
6the acquiring agency shall establish an amount which it
7believes to be just compensation for the real property, and
8shall make a prompt offer to acquire the property for the full
9amount established by the agency. In no event shall the amount
10be less than the fair market value the acquiring agency has
11established for the property or property interest pursuant
12to the appraisal required in section 6B.45 or less than the
13value determined under the acquiring agency’s waiver procedure
14established pursuant to subsection 2. A purchase offer made
15by an acquiring agency shall include provisions for payment to
16the owner of expenses, including relocation expenses, expenses
17listed in subsection 10, and other expenses required by law
18to be paid by an acquiring agency to a condemnee. However,
19in the alternative, the acquiring agency may make, and the
20owner may accept, a purchase offer from the acquiring agency
21that is an amount equal to one hundred thirty percent of the
22appraisal amount plus payment to the owner of expenses listed
23in subsection 10, once those expenses have been determined. If
24the owner accepts such a purchase offer, the owner is barred
25from claiming payment from the acquiring agency for any other
26expenses allowed by law. In the case of a utility or person
27under the jurisdiction of the utilities board of the department
28of commerce, or any other utility conferred the right by
29statute to condemn private property, the amount shall not be
30less than the amount indicated by the methods and factors used
31in arriving at an offered price for a voluntary easement. The
32option to make an alternative purchase offer does not apply
33when property is being acquired for street and highway projects
34undertaken by the state, a county, or a city.
35 Sec. 2689. Section 8C.2, subsection 3, paragraph b, Code
-1473-12023, is amended to read as follows:
2b. The utilities division of the department of commerce
3 board.
4 Sec. 2690. Section 12.10, Code 2023, is amended to read as
5follows:
612.10 Deposits by state officers.
7Except as otherwise provided, all elective and appointive
8state officers, boards, commissions, and departments shall,
9within ten days succeeding the collection, deposit with the
10treasurer of state, or to the credit of the treasurer of state
11in any depository designated by the treasurer of state, ninety
12percent of all fees, commissions, and moneys collected or
13received. The balance actually collected in cash, remaining
14in the hands of any officer, board, or department shall not
15exceed the sum of five thousand dollars and money collected
16shall not be held more than thirty days. This section does not
17apply to the state fair board, the state board of regents, the
18utilities board of the department of commerce, the director of
19the department of human services, the Iowa finance authority or
20to the funds received by the state racing and gaming commission
21under sections 99D.7 and 99D.14.
22 Sec. 2691. Section 13.7, subsection 1, Code 2023, is amended
23to read as follows:
241. Compensation shall not be allowed to any person for
25services as an attorney or counselor to an executive department
26of the state government, or the head of an executive department
27of state government, or to a state board or commission.
28However, the executive council may authorize employment of
29legal assistance, at a reasonable compensation, in a pending
30action or proceeding to protect the interests of the state,
31but only upon a sufficient showing, in writing, made by the
32attorney general, that the department of justice cannot for
33reasons stated by the attorney general perform the service.
34The reasons and action of the executive council shall be
35entered upon its records. If the attorney general determines
-1474-1that the department of justice cannot perform legal service
2in an action or proceeding, the executive council shall
3request the department involved in the action or proceeding
4to recommend legal counsel to represent the department. If
5the attorney general concurs with the department that the
6person recommended is qualified and suitable to represent the
7department, the person recommended shall be employed. If the
8attorney general does not concur in the recommendation, the
9department shall submit a new recommendation. This subsection
10does not affect the general counsel for the utilities board of
11the department of commerce, the legal counsel of the department
12of workforce development, or the general counsel for the
13property assessment appeal board.
14 Sec. 2692. Section 15H.6, subsection 1, Code 2023, is
15amended to read as follows:
161. The commission, in collaboration with the department of
17natural resources, the department of workforce development,
18and the utilities board of the department of commerce, shall
19establish an Iowa green corps program. The commission shall
20work with the collaborating agencies and nonprofit agencies
21in developing a strategy for attracting additional financial
22resources for the program from other sources which may include
23but are not limited to utilities, private sector, and local,
24state, and federal government funding sources. The financial
25resources received shall be credited to the community programs
26account created pursuant to section 15H.5.
27 Sec. 2693. Section 22.7, subsection 71, Code 2023, is
28amended to read as follows:
2971. Information and records related to cyber security
30information or critical infrastructure, the disclosure of which
31may expose or create vulnerability to critical infrastructure
32systems, held by the utilities board of the department of
33commerce or the department of homeland security and emergency
34management for purposes relating to the safeguarding of
35telecommunications, electric, water, sanitary sewage, storm
-1475-1water drainage, energy, hazardous liquid, natural gas, or
2other critical infrastructure systems. For purposes of this
3subsection, “cyber security information” includes but is not
4limited to information relating to cyber security defenses,
5threats, attacks, or general attempts to attack cyber system
6operations.
7 Sec. 2694. Section 313.4, subsection 4, paragraph b, Code
82023, is amended to read as follows:
9b. The costs of serving freeway lighting for each utility
10providing the service shall be determined by the utilities
11division of the department of commerce board, and rates for
12such service shall be no higher than necessary to recover these
13costs. Funds received under the provisions of this subsection
14shall be used solely for the operation and maintenance of a
15freeway lighting system.
16 Sec. 2695. Section 320.4, subsection 1, Code 2023, is
17amended to read as follows:
181. To lay gas mains in highways outside cities to local
19municipal distributing plants or companies, but not to pipeline
20companies. This section shall not apply to or include pipeline
21companies required to obtain a license from the utilities
22division of the department of commerce board.
23 Sec. 2696. Section 357A.19, Code 2023, is amended to read
24as follows:
25357A.19 Not exempt from other requirements.
26This chapter does not exempt any district from the
27requirements of any other statute, whether enacted prior to
28or subsequent to July 1, 1970, under which the district is
29required to obtain the permission or approval of, or to notify,
30the department, the utilities division of the department
31of commerce board, or any other agency of this state or of
32any of its political subdivisions prior to proceeding with
33construction, acquisition, operation, enlargement, extension,
34or alteration of any works or facilities which the district is
35authorized to undertake pursuant to this chapter.
-1476-1 Sec. 2697. Section 364.3, subsection 13, paragraph b,
2subparagraph (2), Code 2023, is amended to read as follows:
3(2) Paragraph “a” does not apply to an ordinance, motion,
4resolution, or amendment relating to the rates, services, or
5governance of a public utility providing gas service to the
6public for compensation and subject to the jurisdiction of
7the utilities board of the department of commerce pursuant to
8section 476.1B.
9 Sec. 2698. Section 364.23, Code 2023, is amended to read as
10follows:
11364.23 Energy-efficient lighting required.
12All city-owned exterior flood lighting, including but not
13limited to street and security lighting but not including era
14or period lighting which has a minimum efficiency rating of
15fifty-eight lumens per watt and not including stadium or ball
16park lighting, shall be replaced, when worn-out, exclusively
17with high pressure sodium lighting or lighting with equivalent
18or better energy efficiency as approved in rules adopted by the
19utilities board within the utilities division of the department
20of commerce. In lieu of the requirements established for
21replacement lighting under this section, stadium or ball park
22lighting shall be replaced, when worn-out, with the most
23energy-efficient lighting available at the time of replacement
24which may include metal halide, high-pressure sodium, or other
25light sources which may be developed.
26 Sec. 2699. Section 384.84, subsection 3, paragraph a, Code
272023, is amended to read as follows:
28a. A city utility or enterprise service to a property or
29premises, including services of sewer systems, storm water
30drainage systems, sewage treatment, solid waste collection,
31water, solid waste disposal, or any of these services, may be
32discontinued or disconnected if the account for the service
33becomes delinquent. Gas or electric service provided by a city
34utility or enterprise shall be discontinued or disconnected
35only as provided by section 476.20, subsections 1 through
-1477-14, and discontinuance or disconnection of those services
2is subject to rules adopted by the utilities board of the
3department of commerce.
4 Sec. 2700. Section 422.93, Code 2023, is amended to read as
5follows:
6422.93 Public utility accounting method.
7Nothing in this chapter shall be construed to require the
8utilities board of the department of commerce to allow or
9require the use of any particular method of accounting by
10any public utility to compute its tax expense, depreciation
11expense, or operating expense for purposes of establishing its
12cost of service for rate-making purposes and for reflecting
13operating results in its regulated books of account.
14 Sec. 2701. Section 474.1, Code 2023, is amended to read as
15follows:
16474.1 Creation of division and board — organization.
171. A utilities division board is created within the
18department of commerce. The policymaking body for the division
19is the utilities board which is created within the division.
20 The board is composed shall consist of three members appointed
21by the governor and subject to confirmation by the senate, not
22more than two of whom shall be from the same political party.
23Each member appointed shall serve for six-year staggered terms
24beginning and ending as provided by section 69.19. Vacancies
25shall be filled for the unexpired portion of the term in the
26same manner as full-term appointments are made.
272. a. Subject to confirmation by the senate, the governor
28shall appoint a member as the chairperson of the board. The
29chairperson shall be the administrator of the utilities
30division board. The appointment as chairperson shall be for
31a two-year term which begins and ends as provided in section
3269.19.
33b. The board shall appoint a chief operating officer to
34manage the operations of the utilities division as directed
35by the board. The board shall set the salary of the chief
-1478-1operating officer within the limits of the pay plan for exempt
2positions provided for in section 8A.413, subsection 3, unless
3otherwise provided by the general assembly. The board may
4employ additional personnel as it finds necessary.
53. The utilities board shall regulate and supervise public
6utilities operating in the state. The board shall enforce and
7implement chapters 476, 476A, 477C, 478, 479, 479A, and 479B
8and shall perform other duties assigned to it by law.
93. 4. As used in this chapter and chapters 475A, 476,
10476A, 477C, 478, 479, 479A, and 479B, “division” “board” and
11“utilities division” “utilities board” mean the Iowa utilities
12division of the department of commerce board.
13 Sec. 2702. Section 476.1, subsection 1, Code 2023, is
14amended to read as follows:
151. The utilities board within the utilities division of the
16department of commerce shall regulate the rates and services of
17public utilities to the extent and in the manner hereinafter
18provided.
19 Sec. 2703. Section 476.1, subsection 2, Code 2023, is
20amended by striking the subsection.
21 Sec. 2704. Section 476.1A, subsection 1, paragraph a, Code
222023, is amended to read as follows:
23a. Assessment of fees for the support of the division
24 board and the office of consumer advocate, pursuant to section
25476.10.
26 Sec. 2705. Section 476.1B, subsection 1, paragraph a, Code
272023, is amended to read as follows:
28a. Assessment of fees for the support of the division board
29 and the office of consumer advocate, as set forth in section
30476.10.
31 Sec. 2706. Section 476.3, subsection 2, Code 2023, is
32amended to read as follows:
332. If, as a result of a review procedure conducted under
34section 476.31, a review conducted under section 476.32, a
35special audit, an investigation by division board staff, or
-1479-1an investigation by the consumer advocate, a petition is
2filed with the board by the consumer advocate, alleging that
3a utility’s rates are excessive, the disputed amount shall be
4specified in the petition. The public utility shall, within
5the time prescribed by the board, file a bond or undertaking
6approved by the board conditioned upon the refund in a manner
7prescribed by the board of amounts collected after the date of
8filing of the petition in excess of rates or charges finally
9determined by the board to be lawful. If upon hearing the
10board finds that the utility’s rates are unlawful, the board
11shall order a refund, with interest, of amounts collected
12after the date of filing of the petition that are determined
13to be in excess of the amounts which would have been collected
14under the rates finally approved. However, the board shall
15not order a refund that is greater than the amount specified
16in the petition, plus interest, and if the board fails to
17render a decision within ten months following the date of
18filing of the petition, the board shall not order a refund of
19any excess amounts that are collected after the expiration of
20that ten-month period and prior to the date the decision is
21rendered.
22 Sec. 2707. Section 476.10, Code 2023, is amended to read as
23follows:
24476.10 Investigations — expense — appropriation.
251. a. In order to carry out the duties imposed upon
26it by law, the board may, at its discretion, allocate and
27charge directly the expenses attributable to its duties to
28the person bringing a proceeding before the board, to persons
29participating in matters before the board, or to persons
30subject to inspection by the board. The board shall ascertain
31the certified expenses incurred and directly chargeable by
32the consumer advocate division of the department of justice
33in the performance of its duties. The board and the consumer
34advocate separately may decide not to charge expenses to
35persons who, without expanding the scope of the proceeding
-1480-1or matter, intervene in good faith in a board proceeding
2initiated by a person subject to the board’s jurisdiction,
3the consumer advocate, or the board on its own motion. For
4assessments in any proceedings or matters before the board, the
5board and the consumer advocate separately may consider the
6financial resources of the person, the impact of assessment on
7participation by intervenors, the nature of the proceeding or
8matter, and the contribution of a person’s participation to the
9public interest. The board may present a bill for expenses
10under this subsection to the person, either at the conclusion
11of a proceeding or matter, or from time to time during its
12progress. Presentation of a bill for expenses under this
13subsection constitutes notice of direct assessment and request
14for payment in accordance with this section.
15b. The board shall ascertain the total of the division’s
16 board’s expenses incurred during each fiscal year in the
17performance of its duties under law. The board shall add to
18the total of the division’s board’s expenses the certified
19expenses of the consumer advocate as provided under section
20475A.6. The board shall deduct all amounts charged directly
21to any person from the total expenses of the board and the
22consumer advocate. The board may assess the amount remaining
23after the deduction to all persons providing service over which
24the board has jurisdiction in proportion to the respective
25gross operating revenues of such persons from intrastate
26operations during the last calendar year over which the board
27has jurisdiction. For purposes of determining gross operating
28revenues under this section, the board shall not include gross
29receipts received by a cooperative corporation or association
30for wholesale transactions with members of the cooperative
31corporation or association, provided that the members are
32subject to assessment by the board based upon the members’
33gross operating revenues, or provided that such a member is
34an association whose members are subject to assessment by the
35board based upon the members’ gross operating revenues. If
-1481-1any portion of the remainder can be identified with a specific
2type of utility service, the board shall assess those expenses
3only to the entities providing that type of service over which
4the board has jurisdiction. The board may make the remainder
5assessments under this paragraph to some or all persons
6providing service over which the board has jurisdiction, based
7upon estimates of the expenditures for the fiscal year for
8the utilities division board and the consumer advocate. Not
9more than ninety days following the close of the fiscal year,
10the utilities division board shall conform the amount of the
11prior fiscal year’s assessments to the requirements of this
12paragraph. For gas and electric public utilities exempted from
13rate regulation pursuant to this chapter, and for providers
14of telecommunications service required to register with the
15board pursuant to section 476.95A that are exempted from rate
16regulation pursuant to this chapter, the remainder assessments
17under this paragraph shall be computed at one-half the rate
18used in computing the assessment for other persons.
192. a. A person subject to a charge or assessment shall
20pay the division board the amount charged or assessed against
21the person within thirty days from the time the division board
22 provides notice to the person of the amount due, unless the
23person files an objection in writing with the board setting out
24the grounds upon which the person claims that such charge or
25assessment is excessive, unreasonable, erroneous, unlawful, or
26invalid. Upon receipt of an objection, the board shall set the
27matter for hearing and issue its order in accordance with its
28findings in the proceeding.
29b. The order shall be subject to review in the manner
30provided in this chapter. All amounts collected by the
31division board pursuant to the provisions of this section
32shall be deposited with the treasurer of state and credited to
33the department of commerce revolving fund created in section
34546.12. Such amounts shall be spent in accordance with the
35provisions of chapter 8.
-1482- 13. Whenever the board shall deem it necessary in order
2to carry out the duties imposed upon it in connection with
3rate regulation under section 476.6, investigations under
4section 476.3, or review proceedings under section 476.31,
5the board may employ additional temporary or permanent staff,
6or may contract with persons who are not state employees for
7engineering, accounting, or other professional services, or
8both. The costs of these additional employees and contract
9services shall be paid by the public utility whose rates
10are being reviewed in the same manner as other expenses are
11paid under this section. Beginning on July 1, 1991, there
12is appropriated out of any funds in the state treasury not
13otherwise appropriated, such sums as may be necessary to enable
14the board to hire additional staff and contract for services
15under this section. The board shall increase quarterly
16assessments specified in subsection 1, paragraph “b”, by
17amounts necessary to enable the board to hire additional staff
18and contract for services under this section. The authority to
19hire additional temporary or permanent staff that is granted to
20the board by this section shall not be subject to limitation
21by any administrative or executive order or decision that
22restricts the number of state employees or the filling of
23employee vacancies, and shall not be subject to limitation
24by any law of this state that restricts the number of state
25employees or the filling of employee vacancies unless that
26law is made applicable to this section by express reference
27to this section. Before the board expends or encumbers an
28amount in excess of the funds budgeted for rate regulation and
29before the board increases quarterly assessments pursuant to
30this subsection, the director of the department of management
31shall approve the expenditure or encumbrance. Before approval
32is given, the director of the department of management shall
33determine that the expenses exceed the funds budgeted by the
34general assembly to the board for rate regulation and that
35the board does not have other funds from which the expenses
-1483-1can be paid. Upon approval of the director of the department
2of management the board may expend and encumber funds for
3the excess expenses, and increase quarterly assessments to
4raise the additional funds. The board and the office of
5consumer advocate may add additional personnel or contract
6for additional assistance to review and evaluate energy
7efficiency plans and the implementation of energy efficiency
8programs including, but not limited to, professionally trained
9engineers, accountants, attorneys, skilled examiners and
10inspectors, and secretaries and clerks. The board and the
11office of consumer advocate may also contract for additional
12assistance in the evaluation and implementation of issues
13relating to telecommunication competition. The board and the
14office of the consumer advocate may expend additional sums
15beyond those sums appropriated. However, the authority to add
16additional personnel or contract for additional assistance
17must first be approved by the department of management. The
18additional sums for energy efficiency shall be provided to the
19board and the office of the consumer advocate by the utilities
20subject to the energy efficiency requirements in this chapter.
21Telephone companies shall pay any additional sums needed for
22assistance with telecommunication competition issues. The
23assessments shall be in addition to and separate from the
24quarterly assessment.
254. a. Fees paid to the utilities division board shall be
26deposited in the department of commerce revolving fund created
27in section 546.12. These funds shall be used for the payment,
28upon appropriation by the general assembly, of the expenses of
29the utilities division board and the consumer advocate division
30of the department of justice.
31b. The administrator and consumer advocate shall account
32for receipts and disbursements according to the separate duties
33imposed upon the utilities board and the consumer advocate
34divisions division by the laws of this state and each separate
35duty shall be fiscally self-sustaining.
-1484- 1c. All fees and other moneys collected under this section
2and sections 478.4, 479.16, and 479A.9 shall be deposited into
3the department of commerce revolving fund created in section
4546.12 and expenses required to be paid under this section
5shall be paid from funds appropriated for those purposes.
6 Sec. 2708. Section 476.48, subsections 2 and 6, Code 2023,
7are amended to read as follows:
82. Program established.
9a. The utilities division board shall establish and
10administer a small wind innovation zone program to optimize
11local, regional, and state benefits from wind energy and
12to facilitate and expedite interconnection of small wind
13energy systems with electric utilities throughout this state.
14Pursuant to the program, the owner of a small wind energy
15system located within a small wind innovation zone desiring
16to interconnect with an electric utility shall benefit
17from a streamlined application process, may utilize a model
18interconnection agreement, and can qualify under a model
19ordinance.
20b. A political subdivision seeking to be designated a small
21wind innovation zone shall apply to the division board upon a
22form developed by the division board. The division board shall
23approve an application which documents that the applicable
24local government has adopted the model ordinance or is in the
25process of amending an existing zoning ordinance to comply with
26the model ordinance and that an electric utility operating
27within the political subdivision has agreed to utilize the
28model interconnection agreement to contract with the small wind
29energy system owners who agree to its terms.
306. Reporting requirements. The division board shall prepare
31a report summarizing the number of applications received from
32political subdivisions seeking to be designated a small wind
33innovation zone, the number of applications granted, the number
34of small wind energy systems generating electricity within
35each small wind innovation zone, and the amount of wind energy
-1485-1produced, and shall submit the report to the members of the
2general assembly by January 1 annually.
3 Sec. 2709. Section 476.51, subsection 5, Code 2023, is
4amended to read as follows:
55. Civil penalties collected pursuant to this section from
6utilities providing water, electric, or gas service shall
7be forwarded by the chief operating officer of the board to
8the treasurer of state to be credited to the general fund
9of the state and to be used only for the low income home
10energy assistance program and the weatherization assistance
11program administered by the division of community action
12agencies of the department of human rights. Civil penalties
13collected pursuant to this section from utilities providing
14telecommunications service shall be forwarded to the treasurer
15of state to be credited to the department of commerce revolving
16fund created in section 546.12 to be used only for consumer
17education programs administered by the board. Penalties paid
18by a rate-regulated public utility pursuant to this section
19shall be excluded from the utility’s costs when determining
20the utility’s revenue requirement, and shall not be included
21either directly or indirectly in the utility’s rates or charges
22to customers.
23 Sec. 2710. Section 476.63, Code 2023, is amended to read as
24follows:
25476.63 Energy efficiency programs.
26The division board shall consult with the economic
27development authority in the development and implementation of
28public utility energy efficiency programs.
29 Sec. 2711. Section 476.87, subsection 3, Code 2023, is
30amended to read as follows:
313. The board shall allocate the costs and expenses
32reasonably attributable to certification and dispute resolution
33in this section to persons identified as parties to such
34proceeding who are engaged in or who seek to engage in
35providing natural gas services or other persons identified as
-1486-1participants in such proceeding. The funds received for the
2costs and the expenses of certification and dispute resolution
3shall be remitted to the treasurer of state for deposit in the
4department of commerce revolving fund created in section 546.12
5as provided in section 476.10.
6 Sec. 2712. Section 476.95B, subsection 2, Code 2023, is
7amended to read as follows:
82. In proceedings under 47 U.S.C. §251–254, the board
9shall allocate the costs and expenses of the proceedings to
10persons identified as parties in the proceeding who are engaged
11in or who seek to engage in providing telecommunications
12service or other persons identified as participants in the
13proceeding. The funds received for the costs and the expenses
14shall be remitted to the treasurer of state for deposit in the
15department of commerce revolving fund created in section 546.12
16as provided in section 476.10.
17 Sec. 2713. Section 476.103, subsection 4, paragraph c, Code
182023, is amended to read as follows:
19c. A civil penalty collected pursuant to this subsection
20shall be forwarded by the chief operating officer of the board
21to the treasurer of state to be credited to the department of
22 commerce revolving fund created in section 546.12 and to be
23used only for consumer education programs administered by the
24board.
25 Sec. 2714. Section 476A.1, subsection 2, Code 2023, is
26amended to read as follows:
272. “Board” means the utilities board within the utilities
28division of the department of commerce.
29 Sec. 2715. Section 476A.10, Code 2023, is amended to read
30as follows:
31476A.10 Costs of proceeding.
32The applicant for a certificate, or an amendment to
33certificate, shall pay all the costs and expenses incurred by
34the division board in reaching a decision on the application
35including the costs of examinations of the site, the hearing,
-1487-1publishing of notice, division board staff salaries, the cost
2of consultants employed by the division board, and other
3expenses reasonably attributable to the proceeding.
4 Sec. 2716. Section 476A.14, subsection 1, Code 2023, is
5amended to read as follows:
61. Any person who commences to construct a facility as
7provided in this subchapter without having first obtained a
8certificate, or who constructs, operates, or maintains any
9facility other than in compliance with a certificate issued by
10the board or a certificate amended pursuant to this subchapter,
11or who causes any of these acts to occur, shall be liable
12for a civil penalty of not more than ten thousand dollars
13for each violation or for each day of continuing violation.
14Civil penalties collected pursuant to this subsection shall be
15forwarded by the clerk of court to the treasurer of state for
16deposit in the department of commerce revolving fund created
17in section 546.12.
18 Sec. 2717. Section 476B.1, subsection 1, Code 2023, is
19amended to read as follows:
201. “Board” means the utilities board within the utilities
21division of the department of commerce.
22 Sec. 2718. Section 476C.1, subsection 4, Code 2023, is
23amended to read as follows:
244. “Board” means the utilities board within the utilities
25division of the department of commerce.
26 Sec. 2719. Section 477A.1, subsection 1, Code 2023, is
27amended to read as follows:
281. “Board” means the utilities board within the utilities
29division of the department of commerce.
30 Sec. 2720. Section 477C.2, subsection 1, Code 2023, is
31amended to read as follows:
321. “Board” means the utilities board within the department
33of commerce created in section 474.1.
34 Sec. 2721. Section 478.1, subsection 1, Code 2023, is
35amended to read as follows:
-1488- 11. A person shall not construct, erect, maintain, or
2operate a transmission line, wire, or cable that is capable
3of operating at an electric voltage of sixty-nine kilovolts
4or more along, over, or across any public highway or grounds
5outside of cities for the transmission, distribution, or sale
6of electric current without first procuring from the utilities
7board within the utilities division of the department of
8commerce a franchise granting authority as provided in this
9chapter.
10 Sec. 2722. Section 478.4, Code 2023, is amended to read as
11follows:
12478.4 Franchise — hearing.
13The utilities board shall consider the petition and any
14objections filed to it in the manner provided. It shall
15examine the proposed route or cause any engineer selected
16by it to do so. If a hearing is held on the petition it may
17hear testimony as may aid it in determining the propriety of
18granting the franchise. It may grant the franchise in whole or
19in part upon the terms, conditions, and restrictions, and with
20the modifications as to location and route as may seem to it
21just and proper. Before granting the franchise, the utilities
22board shall make a finding that the proposed line or lines are
23necessary to serve a public use and represents a reasonable
24relationship to an overall plan of transmitting electricity in
25the public interest. A franchise shall not become effective
26until the petitioners shall pay, or file an agreement to pay,
27all costs and expenses of the franchise proceeding, whether
28or not objections are filed, including costs of inspections
29or examinations of the route, hearing, salaries, publishing
30of notice, and any other expenses reasonably attributable to
31it. The funds received for the costs and the expenses of the
32franchise proceeding shall be remitted to the treasurer of
33state for deposit in the department of commerce revolving fund
34created in section 546.12 as provided in section 476.10.
35 Sec. 2723. Section 478A.7, subsection 4, Code 2023, is
-1489-1amended to read as follows:
24. Notwithstanding subsection 1, commencing January 1,
31990, a person may sell or offer for sale in this state a
4decorative gas lamp manufactured after December 31, 1978,
5if the utilities board within the utilities division of
6the department of commerce determines, after notice and an
7opportunity for interested persons to comment at an oral
8presentation, that the sale or offer for sale of decorative gas
9lamps does not violate the public interest.
10 Sec. 2724. Section 479.2, subsection 1, Code 2023, is
11amended to read as follows:
121. “Board” means the utilities board within the utilities
13division of the department of commerce.
14 Sec. 2725. Section 479.16, Code 2023, is amended to read as
15follows:
16479.16 Receipt of funds.
17All moneys received under this chapter shall be remitted
18monthly to the treasurer of state and credited to the
19department of commerce revolving fund created in section 546.12
20as provided in section 476.10.
21 Sec. 2726. Section 479A.2, subsection 1, Code 2023, is
22amended to read as follows:
231. “Board” means the utilities board within the utilities
24division of the department of commerce.
25 Sec. 2727. Section 479A.9, Code 2023, is amended to read as
26follows:
27479A.9 Deposit of funds.
28Moneys received under this chapter shall be credited to the
29department of commerce revolving fund created in section 546.12
30as provided in section 476.10.
31 Sec. 2728. Section 479B.2, subsection 1, Code 2023, is
32amended to read as follows:
331. “Board” means the utilities board within the utilities
34division of the department of commerce.
35 Sec. 2729. Section 479B.2, subsection 6, Code 2023, is
-1490-1amended by striking the subsection.
2 Sec. 2730. Section 479B.12, Code 2023, is amended to read
3as follows:
4479B.12 Use of funds.
5All moneys received under this chapter, other than civil
6penalties collected pursuant to section 479B.21, shall be
7remitted monthly to the treasurer of state and credited to
8the department of commerce revolving fund created in section
9546.12.
10 Sec. 2731. Section 657.1, subsection 2, Code 2023, is
11amended to read as follows:
122. Notwithstanding subsection 1, in an action to abate
13a nuisance against an electric utility, an electric utility
14may assert a defense of comparative fault as set out in
15section 668.3 if the electric utility demonstrates that in
16the course of providing electric services to its customers it
17has complied with engineering and safety standards as adopted
18by the utilities board of the department of commerce, and if
19the electric utility has secured all permits and approvals,
20as required by state law and local ordinances, necessary to
21perform activities alleged to constitute a nuisance.
22 Sec. 2732. Section 714D.2, subsection 9, Code 2023, is
23amended to read as follows:
249. “Unfair practice” means the same as defined in section
25714.16, subsection 1, and also means any failure of a
26person to comply with the Telecommunications Act or with any
27statute or rule enforced by the utilities board within the
28utilities division of the department of commerce relating to a
29telecommunications service selection or change.
30 Sec. 2733. Section 714D.6, subsection 2, Code 2023, is
31amended to read as follows:
322. A cause of action under this section shall not apply
33unless, prior to filing the action, the consumer has submitted
34a complaint to the utilities board within the utilities
35division of the department of commerce, the utilities board has
-1491-1failed to resolve the complaint to the consumer’s satisfaction
2within one hundred twenty days of the date the complaint was
3submitted, and the consumer dismisses the complaint before the
4utilities board. The requirement that a consumer complaint be
5submitted to the utilities board and resolved by the utilities
6board to the consumer’s satisfaction within one hundred twenty
7days of filing before the consumer may file an action pursuant
8to this section shall not apply to an action by the attorney
9general to recover moneys for the consumer pursuant to section
10714D.7 or any other law. A finding by the utilities board
11that a respondent has complied with rules governing carrier
12selection procedures adopted by the utilities board shall be
13an affirmative defense to any claim brought under this section
14or section 476.103 or 714D.7 that an unauthorized change in
15service has occurred.
16 Sec. 2734. Section 714D.7, subsection 4, Code 2023, is
17amended to read as follows:
184. The attorney general shall not file a civil enforcement
19action under this chapter or under section 714.16 against a
20person for an act which is the subject of an administrative
21proceeding to impose a civil penalty which has been initiated
22against the person by the utilities board within the utilities
23division of the department of commerce. This subsection shall
24not be construed to limit the authority of the attorney general
25to file a civil enforcement or other enforcement action against
26a person for violating a prior agreement entered into by the
27person with the attorney general or a court order obtained
28by the attorney general against the person. This subsection
29shall not be construed to limit the authority of the attorney
30general to file a civil enforcement or other enforcement action
31against the person for acts which are not the subject of an
32administrative proceeding which has been initiated against the
33person by the utilities board.
34 Sec. 2735. REPEAL. Section 546.7, Code 2023, is repealed.
35DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
-1492-1 Sec. 2736. Section 7E.5, subsection 1, paragraph f, Code
22023, is amended to read as follows:
3f. The department of commerce insurance and financial
4services, created in section 546.2, which has primary
5responsibility for business and professional regulatory,
6service, and licensing insurance and financial services
7 functions.
8 Sec. 2737. Section 7E.5, subsection 2, paragraph a, Code
92023, is amended to read as follows:
10a. There is a civil rights commission, a public employment
11relations board, an interstate cooperation commission, an Iowa
12ethics and campaign disclosure board, an Iowa utilities board,
13 and an Iowa law enforcement academy.
14 Sec. 2738. Section 8A.412, subsections 18 and 19, Code 2023,
15are amended to read as follows:
1618. The administrator and the deputy administrator
17 superintendent and deputy superintendent of the credit union
18division of the department of commerce insurance and financial
19services, all members of the credit union review board, and all
20employees of the credit union division.
2119. The superintendent of the banking division of the
22department of commerce insurance and financial services, all
23members of the state banking council, and all employees of
24the banking division except for employees of the professional
25licensing and regulation bureau of the division.
26 Sec. 2739. Section 8A.438, subsection 1, Code 2023, is
27amended to read as follows:
281. The director may establish a tax-sheltered investment
29program for eligible employees. The director may arrange for
30the provision of investment vehicles authorized under section
31403(b) of the Internal Revenue Code, as defined in section
32422.3. The tax-sheltered investment program shall include
33investment vehicles authorized under section 403(b) of the
34Internal Revenue Code provided by any insurance company or
35investment company that is recommended for inclusion in the
-1493-1program by a person licensed as an insurance producer under
2chapter 522B, or registered as a securities agent or investment
3adviser representative under chapter 502, by the insurance
4division of the department of commerce insurance and financial
5services. The director shall require each insurance company
6and investment company included in the program to utilize the
7third party administrator selected by the department and a
8common remitter, and shall limit the total number of insurance
9companies and investment companies in the program to no more
10than thirty. To be eligible for inclusion in the program, an
11insurance company shall have filed with, and had the company’s
12contract and forms approved by, the insurance division of the
13department of commerce insurance and financial services, and
14an investment company shall be registered with the federal
15securities and exchange commission. The department may
16offer the tax-sheltered investment program to eligible public
17employers in the state of Iowa.
18 Sec. 2740. Section 8E.103, subsection 1, paragraph b, Code
192023, is amended to read as follows:
20b. Each division within the department of commerce insurance
21and financial services is considered an agency, and each bureau
22within a division of the department of commerce insurance and
23financial services is considered a division, as otherwise
24provided in chapter 7E.
25 Sec. 2741. Section 8F.2, subsection 8, paragraph b,
26subparagraph (3), Code 2023, is amended to read as follows:
27(3) A contract concerning an entity that has contracted
28with the state and is licensed and regulated by the insurance
29division of the department of commerce insurance and financial
30services.
31 Sec. 2742. Section 11.5B, subsection 1, Code 2023, is
32amended to read as follows:
331. Department of commerce insurance and financial services.
34 Sec. 2743. Section 11.6, subsection 1, paragraph c,
35subparagraph (6), Code 2023, is amended to read as follows:
-1494- 1(6) A joint investment trust organized pursuant to chapter
228E shall file the audit reports required by this chapter with
3the administrator of the securities and regulated industries
4bureau of the insurance division of the department of commerce
5 insurance and financial services within ten days of receipt
6from the auditor. The auditor of a joint investment trust
7shall provide written notice to the administrator of the time
8of delivery of the reports to the joint investment trust.
9 Sec. 2744. Section 15E.17, subsection 4, Code 2023, is
10amended to read as follows:
114. Subsections 2 and 3 do not apply to the following:
12a. The utilities division of the department of commerce
13 board insofar as the information relates to public utilities.
14b. The banking division of the department of commerce
15 insurance and financial services.
16c. The credit union division of the department of commerce
17 insurance and financial services.
18 Sec. 2745. Section 16.45, subsection 5, Code 2023, is
19amended to read as follows:
205. For purposes of this section, “financial institutions”
21means the same as defined in section 12C.1, “lender” means a
22lender as defined in section 537.1301 that is licensed by the
23banking division of the department of commerce insurance and
24financial services, and “manufactured home” or “manufactured
25housing” means the same as the definition of manufactured home
26in section 435.1.
27 Sec. 2746. Section 16.91, subsection 3, Code 2023, is
28amended to read as follows:
293. With the approval of the authority board the division
30and its board shall consult with the insurance division of
31the department of commerce insurance and financial services
32 in developing a guaranty contract acceptable to the secondary
33market and developing any other feature of the program with
34which the insurance division may have special expertise.
35Except as provided in this subsection, the Iowa title guaranty
-1495-1program is not subject to the jurisdiction of or regulation by
2the insurance division or the commissioner of insurance.
3 Sec. 2747. Section 20.4, subsections 10 and 11, Code 2023,
4are amended to read as follows:
510. Persons employed by the credit union division of the
6department of commerce insurance and financial services.
711. Persons employed by the banking division of the
8department of commerce insurance and financial services.
9 Sec. 2748. Section 68B.2, subsection 23, Code 2023, is
10amended to read as follows:
1123. “Regulatory agency” means the department of agriculture
12and land stewardship, department of workforce development,
13department of commerce insurance and financial services,
14Iowa department of public health, department of public
15safety, department of education, state board of regents,
16department of human services, department of revenue, department
17of inspections and appeals, department of administrative
18services, public employment relations board, state department
19of transportation, civil rights commission, department of
20public defense, department of homeland security and emergency
21management, Iowa ethics and campaign disclosure board,
22utilities board, and department of natural resources.
23 Sec. 2749. Section 85.70, subsection 2, paragraph f, Code
242023, is amended to read as follows:
25f. Beginning on or before December 1, 2018, the department
26of workforce development, in cooperation with the department of
27education, the insurance division of the department of commerce
28 insurance and financial services, and all community colleges
29that are participating in the new career vocational training
30and education program, shall prepare an annual report for
31submission to the general assembly that provides information
32about the status of the program including but not limited to
33the utilization of and participants in the program, program
34completion rates, employment rates after completion of the
35program and the types of employment obtained by the program
-1496-1participants, and the effects of the program on workers’
2compensation premium rates.
3 Sec. 2750. Section 87.11, subsection 2, Code 2023, is
4amended to read as follows:
52. An employer seeking relief from the insurance
6requirements of this chapter shall pay to the insurance
7division of the department of commerce insurance and financial
8services the following fees:
9a. A fee of one hundred dollars, to be submitted annually
10along with an application for relief.
11b. A fee of one hundred dollars for issuance of the
12certificate relieving the employer from the insurance
13requirements of this chapter.
14c. A fee of fifty dollars, to be submitted with each filing
15required by the commissioner of insurance, including but not
16limited to the annual and quarterly financial statements, and
17material change statements.
18 Sec. 2751. Section 97B.49B, subsection 1, paragraph e,
19subparagraph (13), Code 2023, is amended to read as follows:
20(13) An employee of the insurance division of the department
21of commerce insurance and financial services who as a condition
22of employment is required to be certified by the Iowa law
23enforcement academy and who is required to perform the duties
24of a peace officer as provided in section 507E.8.
25 Sec. 2752. Section 100A.1, subsection 1, paragraph j, Code
262023, is amended to read as follows:
27j. The fraud bureau within the insurance division of the
28department of commerce insurance and financial services.
29 Sec. 2753. Section 256.35A, subsection 2, paragraph b, Code
302023, is amended to read as follows:
31b. In addition, representatives of the department of
32education, the division of vocational rehabilitation of the
33department of education, the department of public health,
34the department of human services, the Iowa developmental
35disabilities council, the division of insurance of the
-1497-1department of commerce insurance and financial services, and
2the state board of regents shall serve as ex officio members
3of the advisory council. Ex officio members shall work
4together in a collaborative manner to serve as a resource to
5the advisory council. The council may also form workgroups
6as necessary to address specific issues within the technical
7purview of individual members.
8 Sec. 2754. Section 502.102, subsection 27A, Code 2023, is
9amended to read as follows:
1027A. “Securities and regulated industries bureau” means the
11securities and regulated industries bureau of the insurance
12division of the department of commerce insurance and financial
13services.
14 Sec. 2755. Section 502.321A, subsection 8, paragraph b,
15subparagraph (3), Code 2023, is amended to read as follows:
16(3) An offer in which the target company is an insurance
17company or insurance holding company subject to regulation
18by the commissioner of insurance, a financial institution
19subject to regulation by the superintendent of banking or the
20superintendent of savings and loan associations, or a public
21utility subject to regulation by the utilities division of the
22department of commerce board.
23 Sec. 2756. Section 502.601, subsection 1, Code 2023, is
24amended to read as follows:
251. Administration. This chapter shall be administered by
26the commissioner of insurance of this state. The administrator
27shall appoint a deputy administrator who shall be exempt from
28the merit system provisions of chapter 8A, subchapter IV. The
29deputy administrator is the principal operations officer of the
30securities and regulated industries bureau of the insurance
31division of the department of commerce insurance and financial
32services. The deputy administrator is responsible to the
33administrator for the routine administration of this chapter
34and the management of the securities and regulated industries
35bureau. In the absence of the administrator, whether because
-1498-1of vacancy in the office, by reason of absence, physical
2disability, or other cause, the deputy administrator shall be
3the acting administrator and shall, for that period, have and
4exercise the authority conferred upon the administrator. The
5administrator may by order delegate to the deputy administrator
6any or all of the functions assigned to the administrator
7under this chapter. The administrator shall employ officers,
8attorneys, accountants, and other employees as needed for the
9administration of this chapter.
10 Sec. 2757. Section 502A.1, subsection 1, Code 2023, is
11amended to read as follows:
121. “Administrator” means the administrator of the securities
13and regulated industries bureau of the insurance division of
14the department of commerce insurance and financial services.
15 Sec. 2758. Section 502A.15, subsection 1, Code 2023, is
16amended to read as follows:
171. This chapter shall be administered by the administrator
18of the securities and regulated industries bureau of the
19insurance division of the department of commerce insurance and
20financial services.
21 Sec. 2759. Section 505.1, Code 2023, is amended to read as
22follows:
23505.1 Insurance division created.
24An insurance division is created within the department
25of commerce insurance and financial services to regulate and
26supervise the conducting of the business of insurance in the
27state. The commissioner of insurance is the chief executive
28officer of the division. As used in this subtitle and chapter
29502, “division” means the insurance division.
30 Sec. 2760. Section 505.2, Code 2023, is amended to read as
31follows:
32505.2 Appointment and term of commissioner.
331. The governor shall appoint subject to confirmation
34by the senate, a commissioner of insurance, who shall be
35selected solely with regard to qualifications and fitness to
-1499-1discharge the duties of this position, devote the entire time
2to such duties, and serve for four years beginning and ending
3as provided by section 69.19. The governor may remove the
4commissioner for malfeasance in office, or for any cause that
5renders the commissioner ineligible, incapable, or unfit to
6discharge the duties of the office.
72. A vacancy in the office of the commissioner shall be
8filled for the unexpired portion of the regular term.
93. The commissioner of insurance shall also serve as the
10director of the department of insurance and financial services
11pursuant to section 546.2.
12 Sec. 2761. Section 505.5, Code 2023, is amended to read as
13follows:
14505.5 Expenses — salary.
15The commissioner shall be entitled to reimbursement of
16actual necessary expenses in attending meetings of insurance
17commissioners of other states, and in the performance of the
18duties of the office. The commissioner’s salary shall be as
19fixed by the general assembly.
20 Sec. 2762. Section 505.7, subsections 1 and 3, Code 2023,
21are amended to read as follows:
221. All fees and charges which are required by law to be
23paid by insurance companies, associations, and other regulated
24entities shall be payable to the commissioner of the insurance
25division of the department of commerce insurance and financial
26services or department of revenue, as provided by law, whose
27duty it shall be to account for and pay over the same to the
28treasurer of state at the time and in the manner provided by
29law for deposit in the department of commerce revolving fund
30created in section 546.12.
313. Forty percent of the nonexamination revenues payable
32to the division of insurance or the department of revenue in
33connection with the regulation of insurance companies or other
34entities subject to the regulatory jurisdiction of the division
35shall be deposited in the department of commerce revolving
-1500-1fund created in section 546.12 and shall be subject to annual
2appropriation to the division for its operations and is also
3subject to expenditure under subsection 6. The remaining
4nonexamination revenues payable to the division of insurance
5or the department of revenue shall be deposited in the general
6fund of the state.
7 Sec. 2763. Section 507.1, subsection 2, paragraph c, Code
82023, is amended to read as follows:
9c. “Division” means the division of insurance of the
10department of commerce insurance and financial services.
11 Sec. 2764. Section 507E.8, Code 2023, is amended to read as
12follows:
13507E.8 Law enforcement authority.
141. An individual employed by the division and designated as
15a peace officer shall be considered a law enforcement officer
16as that term is defined in section 80B.3, and shall exercise
17the powers of a law enforcement officer as follows:
18a. For purposes of an arrest resulting from a criminal
19violation of any provision of the Code subject to the
20jurisdiction of the commissioner established as a result of an
21investigation pursuant to this chapter or chapter 502, 502A,
22507A, 523A, 523C, 523D, or 523I.
23b. While conducting an investigation or engaged in an
24assignment authorized by this chapter or ordered by the
25commissioner chapter 502, 502A, 507A, 523A, 523C, 523D, or
26523I.
27c. To protect life if a public offense is committed in the
28presence of the peace officer.
29d. While providing assistance to a law enforcement agency or
30another law enforcement officer.
31e. While providing assistance at the request of a member of
32the public.
332. Laws applicable to an arrest of an individual by a law
34enforcement officer of the state shall apply to an individual
35employed by the division and designated as a peace officer. An
-1501-1individual employed by the division and designated as a peace
2officer shall have the power to execute arrest warrants and
3search warrants, serve subpoenas issued for the examination,
4investigation, and trial of all offenses identified through the
5course of an investigation conducted pursuant to this section,
6and arrest upon probable cause without warrant a person found
7in the act of committing a violation of this chapter or a law
8of this state.
9 Sec. 2765. Section 514H.2, subsection 2, Code 2023, is
10amended to read as follows:
112. The insurance division of the department of commerce
12 insurance and financial services shall administer the program
13in cooperation with the division responsible for medical
14services within the department of human services. Each
15agency shall take all necessary actions, including filing an
16appropriate medical assistance state plan amendment to the
17state Medicaid plan to take full advantage of the benefits and
18features of the Deficit Reduction Act of 2005.
19 Sec. 2766. Section 514H.9, Code 2023, is amended to read as
20follows:
21514H.9 Rules.
22The insurance division of the department of commerce
23 insurance and financial services in cooperation with the
24department of human services shall adopt rules pursuant to
25chapter 17A as necessary to administer this chapter.
26 Sec. 2767. Section 514I.2, subsection 9, paragraph a, Code
272023, is amended to read as follows:
28a. An entity licensed by the division of insurance of the
29department of commerce insurance and financial services to
30provide health insurance in Iowa that has contracted with the
31department to provide health insurance coverage to eligible
32children under this chapter.
33 Sec. 2768. Section 515A.6, subsection 7, paragraph a, Code
342023, is amended to read as follows:
35a. The commissioner shall provide notice of the filing of
-1502-1the proposed rates at least thirty days before the effective
2date of the proposed rates by publishing a notice on the
3internet site of the insurance division of the department of
4commerce insurance and financial services.
5 Sec. 2769. Section 521H.6, subsection 1, Code 2023, is
6amended to read as follows:
71. Documents, materials, or other information, including
8a corporate governance annual disclosure, in the possession
9or control of the insurance division of the department of
10commerce insurance and financial services, that is obtained
11by, created by, or disclosed to the commissioner or to any
12other person pursuant to this chapter, is recognized in this
13state as being proprietary and containing trade secrets. All
14such documents, materials, or other information, including the
15disclosure, shall be confidential and privileged, shall not be
16subject to chapter 22, shall be considered confidential under
17chapter 507, shall not be subject to subpoena, and shall not be
18subject to discovery or admissible in evidence in any private
19civil action. However, the commissioner is authorized to use
20such documents, materials, or other information, including
21the disclosure, in the furtherance of any regulatory or legal
22action brought as a part of the commissioner’s official duties.
23The commissioner shall not otherwise make the documents,
24materials, or other information, including the disclosure,
25public without the prior written consent of the insurer or
26insurance group that provided the documents, materials, or
27other information, including the disclosure. Nothing in this
28section shall be construed to require written consent of
29the insurer or insurance group before the commissioner may
30share or receive confidential documents, materials, or other
31information related to governance of an insurer or insurance
32group pursuant to subsection 3 to assist in the performance of
33the commissioner’s regular duties.
34 Sec. 2770. Section 522.8, subsection 1, Code 2023, is
35amended to read as follows:
-1503- 11. Documents, materials, or other information, including
2an own risk and solvency assessment summary report, in
3the possession or control of the insurance division of the
4department of commerce insurance and financial services, that
5are obtained by, created by, or disclosed to the commissioner
6or to any other person pursuant to this chapter, are recognized
7in this state as being proprietary and containing trade
8secrets. All such documents, materials, or other information,
9including the summary report, shall be confidential and
10privileged, shall not be subject to chapter 22, shall not be
11subject to subpoena, and shall not be subject to discovery
12or admissible in evidence in any private civil action.
13However, the commissioner is authorized to use such documents,
14materials, or other information, including the summary report,
15in the furtherance of any regulatory or legal action brought as
16a part of the commissioner’s official duties. The commissioner
17shall not otherwise make the documents, materials, or other
18information, including the summary report, public without
19the prior written consent of the insurer that provided the
20documents, materials, or other information, including the
21summary report.
22 Sec. 2771. Section 523A.807, subsection 4, Code 2023, is
23amended to read as follows:
244. The commissioner shall post on the internet site of the
25division of insurance of the department of commerce insurance
26and financial services a list of all persons licensed under
27this chapter and an index of orders issued by the commissioner
28pertaining to such persons.
29 Sec. 2772. Section 524.201, Code 2023, is amended to read
30as follows:
31524.201 Superintendent of banking.
321. The governor shall appoint, subject to confirmation by
33the senate, a superintendent of banking. The appointee shall
34be selected solely with regard to qualification and fitness
35to discharge the duties of office, and a person shall not be
-1504-1appointed who has not had at least five years’ experience as an
2executive officer in a bank. The superintendent shall serve at
3the pleasure of the governor.
42. The superintendent shall have an office at the seat
5of government. The regular term of office shall be four
6years beginning and ending as provided by section 69.19 The
7superintendent shall receive a salary set by the governor
8within a range established by the general assembly.
9 Sec. 2773. Section 524.206, Code 2023, is amended to read
10as follows:
11524.206 Banking division created.
12The banking division is created within the department of
13commerce insurance and financial services.
14 Sec. 2774. Section 524.207, subsections 1, 2, 5, and 6, Code
152023, are amended to read as follows:
161. Except as otherwise provided by statute, all expenses
17required in the discharge of the duties and responsibilities
18imposed upon the banking division of the department of commerce
19 insurance and financial services, the superintendent, and the
20state banking council by the laws of this state shall be paid
21from fees provided by the laws of this state and appropriated
22by the general assembly from the department of commerce
23revolving fund created in section 546.12. All of these
24fees are payable to the superintendent. The superintendent
25shall pay all the fees and other moneys received by the
26superintendent to the treasurer of state within the time
27required by section 12.10 and the fees and other moneys shall
28be deposited into the department of commerce revolving fund
29created in section 546.12.
302. All fees and assessments generated as the result of a
31national bank or federal savings association converting to a
32state bank on or after December 31, 2015, and thereafter, are
33payable to the superintendent. The superintendent shall pay
34all the fees and assessments received by the superintendent
35pursuant to this subsection to the treasurer of state within
-1505-1the time required by section 12.10 and the fees and assessments
2shall be deposited into the department of commerce revolving
3fund created in section 546.12. An amount equal to such fees
4and assessments deposited into the department of commerce
5revolving fund is appropriated from the department of commerce
6revolving fund to the banking division of the department of
7commerce insurance and financial services for the fiscal
8year in which a national bank or federal savings association
9converted to a state bank and an amount equal to such
10annualized fees and assessments deposited into the department
11of commerce revolving fund in succeeding years is appropriated
12from the department of commerce revolving fund to the banking
13division of the department of commerce insurance and financial
14services for succeeding fiscal years for purposes related to
15the discharge of the duties and responsibilities imposed upon
16the banking division of the department of commerce insurance
17and financial services, the superintendent, and the state
18banking council by the laws of this state. This appropriation
19shall be in addition to the appropriation of moneys otherwise
20described in this section. If a state bank converts to a
21national bank or federal savings association, any appropriation
22made pursuant to this subsection for the following fiscal
23year shall be reduced by the amount of the assessment paid by
24the state bank during the fiscal year in which the state bank
25converted to a national bank or federal savings association.
265. All fees and moneys collected shall be deposited into the
27department of commerce revolving fund created in section 546.12
28and expenses required to be paid under this section shall be
29paid from moneys in the department of commerce revolving fund
30and appropriated for those purposes.
316. All moneys received by the superintendent pursuant to a
32multi-state settlement with a provider of financial services
33such as a mortgage lender, a mortgage servicer, or any other
34person regulated by the banking division of the department of
35commerce insurance and financial services shall be deposited
-1506-1into the department of commerce revolving fund created in
2section 546.12 and an amount equal to the amount deposited
3into the fund is appropriated to the banking division of the
4department of commerce insurance and financial services for the
5fiscal year in which such moneys are received and in succeeding
6fiscal years for the purpose of promoting financial-related
7education and supporting those duties of the banking
8division related to financial regulation that are limited to
9nonrecurring expenses such as equipment purchases, training,
10technology, and retirement payouts related to the oversight of
11mortgage lending, state banks, and other financial services
12regulated by the banking division. This appropriation shall be
13in addition to the appropriation of moneys otherwise described
14in this section. The superintendent shall submit a report to
15the department of management and to the legislative services
16agency detailing the expenditure of moneys appropriated to the
17banking division pursuant to this subsection during each fiscal
18year. The initial report shall be submitted on or before
19September 15, 2016, and each September 15 thereafter. Moneys
20appropriated pursuant to this subsection are not subject to
21section 8.33 and shall not be transferred, used, obligated,
22appropriated, or otherwise encumbered except as provided in
23this subsection.
24 Sec. 2775. Section 527.2, subsection 2, Code 2023, is
25amended to read as follows:
262. “Administrator” means and includes the superintendent
27of banking and the superintendent of credit unions within
28the department of commerce insurance and financial services
29 and the supervisor of industrial loan companies within the
30office of the superintendent of banking. However, the powers
31of administration and enforcement of this chapter shall be
32exercised only as provided in sections 527.3, 527.5, subsection
337, sections 527.11, 527.12, and any other pertinent provision
34of this chapter.
35 Sec. 2776. Section 528.2, subsection 1, Code 2023, is
-1507-1amended to read as follows:
21. “Administrator” means the superintendent of banking and
3the superintendent of credit unions within the department of
4commerce insurance and financial services.
5 Sec. 2777. Section 533.102, subsection 4, Code 2023, is
6amended to read as follows:
74. “Credit union service organization” means a corporation,
8limited partnership, or limited liability company organized
9under state law to provide financial and financial-related
10services for one or more credit unions, each of which owns part
11of the capital stock of the credit union service organization,
12as authorized under section 533.301, subsection 5, paragraph
13“f”, and which corporation, limited partnership, or limited
14liability company is subject to examination by the credit union
15division of the Iowa department of commerce insurance and
16financial services or a federal supervisory agency.
17 Sec. 2778. Section 533.103, Code 2023, is amended to read
18as follows:
19533.103 Credit union division created.
20A credit union division of the department of commerce
21 insurance and financial services is created to administer this
22chapter.
23 Sec. 2779. Section 533.104, Code 2023, is amended to read
24as follows:
25533.104 Superintendent of credit unions.
261. A superintendent of credit unions shall be appointed by
27the governor to serve at the pleasure of the governor, subject
28to confirmation by the senate, to regulate credit unions.
29a. The appointee shall be selected solely with regard to
30qualification and fitness to discharge the duties of office.
31b. The and the individual appointed shall have at least
32five years’ experience as a director or executive officer of
33a credit union, or comparable experience in the regulation or
34examination of credit unions. For purposes of this paragraph
35 subsection, credit union membership does not qualify as credit
-1508-1union experience.
22. The superintendent shall have an office at the seat
3of government. The superintendent’s term of office shall be
4four years beginning and ending as provided by section 69.19.
5The governor may remove the superintendent for malfeasance
6in office, or for any cause that renders the superintendent
7ineligible, incapable, or unfit to discharge the duties of the
8office.
93. The superintendent shall receive a salary set by the
10governor within a range established by the general assembly.
114. A vacancy in the office of superintendent shall be filled
12for the unexpired portion of the regular term.
135. 3. The superintendent may adopt rules as necessary or
14appropriate to administer this chapter, subject to the prior
15approval of the rules by the review board.
16 Sec. 2780. Section 533.111, subsections 1, 4, and 5, Code
172023, are amended to read as follows:
181. a. All expenses required in the discharge of the
19duties and responsibilities imposed upon the credit union
20division, the superintendent, and the review board by the laws
21of this state shall be paid from fees provided by the laws
22of this state and appropriated by the general assembly from
23the department of commerce revolving fund created in section
24546.12.
25b. All fees imposed under this chapter are payable to
26the superintendent, who shall pay all fees and other moneys
27received to the treasurer of state within the time required by
28section 12.10. The treasurer of state shall deposit such funds
29in the department of commerce revolving fund created in section
30546.12.
314. a. All fees and other moneys collected shall be
32deposited into the department of commerce revolving fund
33created in section 546.12 and expenses required to be paid
34under this section shall be paid from moneys in the department
35of commerce revolving fund and appropriated for those purposes.
-1509- 1b. Funds appropriated to the credit union division shall
2be subject at all times to the warrant of the director
3of the department of administrative services, drawn upon
4written requisition of the superintendent or a designated
5representative, for the payment of all salaries and other
6expenses necessary to carry out the duties of the credit union
7division.
85. The credit union division may accept reimbursement of
9expenses related to the examination of a state credit union
10from the national credit union administration or any other
11guarantor or insurance plan authorized by this chapter. These
12reimbursements shall be deposited into the department of
13 commerce revolving fund created in section 546.12.
14 Sec. 2781. Section 533A.10, subsection 1, Code 2023, is
15amended to read as follows:
161. The superintendent may examine the condition and
17affairs of a licensee. In connection with any examination,
18the superintendent may examine on oath any licensee, and any
19director, officer, employee, customer, creditor, or stockholder
20of a licensee concerning the affairs and business of the
21licensee. The superintendent shall ascertain whether the
22licensee transacts its business in the manner prescribed by
23the law and applicable rules. The licensee shall pay the cost
24of the examination as determined by the superintendent based
25on the actual cost of the operation of the finance bureau of
26the banking division of the department of commerce insurance
27and financial services, including the proportionate share of
28the administrative expenses in the operation of the banking
29division attributable to the finance bureau, as determined by
30the superintendent, incurred in the discharge of duties imposed
31upon the superintendent by this chapter. Failure to pay the
32examination fee within thirty days of receipt of demand from
33the superintendent shall subject the licensee to a late fee of
34up to five percent per day of the amount of the examination fee
35for each day the payment is delinquent.
-1510-1 Sec. 2782. Section 533A.14, Code 2023, is amended to read
2as follows:
3533A.14 Fees to state treasurer.
4All moneys received by the superintendent from fees,
5licenses, and examinations pursuant to this chapter shall be
6deposited by the superintendent with the treasurer of state for
7deposit in the department of commerce revolving fund created
8in section 546.12.
9 Sec. 2783. Section 533C.902, subsection 1, Code 2023, is
10amended to read as follows:
111. A financial services licensing fund is created as a
12separate fund in the state treasury under the authority of the
13banking division of the department of commerce insurance and
14financial services. Moneys deposited in the fund shall be used
15to pay for staffing necessary to perform examinations, audits,
16and other duties required of the superintendent and the banking
17division under this chapter.
18 Sec. 2784. Section 533D.11, subsection 3, Code 2023, is
19amended to read as follows:
203. The superintendent shall determine the cost of the
21examination or investigation based upon the actual cost of the
22operation of the finance bureau of the banking division of
23the department of commerce insurance and financial services,
24including the proportionate share of administrative expenses
25in the operation of the banking division attributable to the
26finance bureau as determined by the superintendent, incurred
27in the discharge of duties imposed upon the superintendent by
28this chapter.
29 Sec. 2785. Section 535B.1, subsection 1, Code 2023, is
30amended to read as follows:
311. “Administrator” means the superintendent of the division
32of banking of the department of commerce insurance and
33financial services.
34 Sec. 2786. Section 535B.10, subsection 5, paragraph a, Code
352023, is amended to read as follows:
-1511- 1a. The licensee shall pay the cost of the examination or
2investigation as determined by the administrator based on
3the actual cost of the operation of the finance bureau of
4the banking division of the department of commerce insurance
5and financial services, including the proportionate share
6of administrative expenses in the operation of the banking
7division attributable to the finance bureau as determined by
8the administrator, incurred in the discharge of duties imposed
9upon the administrator by this chapter.
10 Sec. 2787. Section 535C.11, unnumbered paragraph 1, Code
112023, is amended to read as follows:
12This chapter does not apply to activities or arrangements
13expressly approved or regulated by the department of commerce
14 insurance and financial services.
15 Sec. 2788. Section 535D.11, subsection 2, Code 2023, is
16amended to read as follows:
172. The payment of application and renewal fees for licenses
18through the nationwide mortgage licensing system and registry
19and any additional fees as determined by the superintendent
20based on the actual cost of the operation of the finance bureau
21of the banking division of the department of commerce insurance
22and financial services, including the proportionate share
23of administrative expenses in the operation of the banking
24division attributable to the finance bureau as determined by
25the superintendent, incurred in the discharge of duties imposed
26by this chapter.
27 Sec. 2789. Section 536.10, subsection 3, Code 2023, is
28amended to read as follows:
293. A licensee subject to examination, supervision,
30and regulation by the superintendent shall pay to the
31superintendent an examination fee based on the actual cost
32of the operation of the regulated loan bureau of the banking
33division of the department of commerce insurance and financial
34services and the proportionate share of administrative expenses
35in the operation of the banking division attributable to the
-1512-1regulated loan bureau as determined by the superintendent.
2The fee shall apply equally to all licenses and shall not be
3changed more frequently than annually. A fee change shall be
4effective on January 1 of the year following the year in which
5the change is approved.
6 Sec. 2790. Section 536A.2, subsection 9, Code 2023, is
7amended to read as follows:
89. “Superintendent” means the superintendent of banking
9within the banking division of the department of commerce
10 insurance and financial services.
11 Sec. 2791. Section 536A.15, subsection 4, Code 2023, is
12amended to read as follows:
134. The licensee shall be charged and shall pay the actual
14costs of the examination as determined by the superintendent
15based on the actual cost of the operation of the finance bureau
16of the banking division of the department of commerce insurance
17and financial services including the proportionate share
18of administrative expenses in the operation of the banking
19division attributable to the finance bureau as determined by
20the superintendent incurred in the discharge of the duties
21imposed upon the superintendent by this chapter. Failure to
22pay the examination fee within thirty days of receipt of demand
23from the superintendent shall subject the licensee to a late
24fee of five percent of the amount of the examination fee for
25each day the payment is delinquent.
26 Sec. 2792. Section 537.2501, subsection 2, paragraph b,
27subparagraph (3), unnumbered paragraph 1, Code 2023, is amended
28to read as follows:
29The premium rates have been affirmatively approved by the
30insurance division of the department of commerce insurance and
31financial services. In approving or establishing the rates,
32the division shall review the insurance company’s actuarial
33data to assure that the rates are fair and reasonable. The
34insurance commissioner shall either hire or contract with a
35qualified actuary to review the data. The insurance division
-1513-1shall obtain reimbursement from the insurance company for the
2cost of the actuarial review prior to approving the rates.
3In addition, the rates shall be made in accordance with the
4following provisions:
5 Sec. 2793. Section 546.1, subsections 1 and 2, Code 2023,
6are amended to read as follows:
71. “Department” means the department of commerce insurance
8and financial services.
92. “Director” means the director of the department of
10commerce insurance and financial services.
11 Sec. 2794. Section 546.2, subsections 1, 2, and 3, Code
122023, are amended to read as follows:
131. A department of commerce insurance and financial
14services is created to coordinate and administer the various
15regulatory, service, and licensing functions of the state
16relating to the conducting of business or commerce in the
17state.
182. The chief administrative officer of the department is the
19director. The director shall be appointed by the governor from
20among those individuals who serve as heads of the divisions
21within the department the commissioner of insurance appointed
22pursuant to section 505.2. A division head appointed to be the
23 The director shall fulfill the responsibilities and duties of
24the director of the department in addition to the individual’s
25 director’s responsibilities and duties as the head of a the
26insurance division. The director shall serve at the pleasure
27of the governor. If the office of director becomes vacant,
28the vacancy shall be filled in the same manner as the original
29appointment was made.
303. The department is administratively organized into the
31following divisions:
32a. Banking.
33b. Credit union.
34c. Utilities.
35d. c. Insurance.
-1514- 1e. Alcoholic beverages.
2 Sec. 2795. Section 546.12, Code 2023, is amended to read as
3follows:
4546.12 Department of insurance and financial services
5 commerce revolving fund.
61. A department of commerce revolving fund is created in
7the state treasury. The fund shall consist of moneys collected
8by the banking division; credit union division; utilities
9division board, including moneys collected on behalf of the
10office of consumer advocate established in section 475A.3;
11and the insurance division of the department; and deposited
12into an account for that division, board, or office within
13the fund on a monthly basis. Except as otherwise provided
14by statute, all costs for operating the office of consumer
15advocate and the banking division, the credit union division,
16the utilities division board, and the insurance division of the
17department shall be paid from the division’s accounts within
18the fund, subject to appropriation by the general assembly.
19The insurance division shall administer the fund and all other
20divisions shall work with the insurance division to make sure
21the fund is properly accounted and reported to the department
22of management and the department of administrative services.
23The divisions shall provide quarterly reports to the department
24of management and the legislative services agency on revenues
25billed and collected and expenditures from the fund in a format
26as determined by the department of management in consultation
27with the legislative services agency.
282. To meet cash flow needs for the office of consumer
29advocate and the banking division, credit union division,
30utilities division board, or the insurance division of the
31department, the administrative head of that division, board,
32 or office may temporarily use funds from the general fund of
33the state to pay expenses in excess of moneys available in
34the revolving fund for that division, board, or office if
35those additional expenditures are fully reimbursable and the
-1515-1division, board, or office reimburses the general fund of the
2state and ensures all moneys are repaid in full by the close
3of the fiscal year. Notwithstanding any provision to the
4contrary, the divisions shall, to the fullest extent possible,
5make an estimate of billings and make such billings as early as
6possible in each fiscal year, so that the need for the use of
7general fund moneys is minimized to the lowest extent possible.
8Periodic billings shall be deemed sufficient to satisfy this
9requirement. Because any general fund moneys used shall be
10fully reimbursed, such temporary use of funds from the general
11fund of the state shall not constitute an appropriation for
12purposes of calculating the state general fund expenditure
13limitation pursuant to section 8.54.
143. Section 8.33 does not apply to any moneys credited or
15appropriated to the commerce revolving fund from any other
16fund.
174. The establishment of the commerce revolving fund
18pursuant to this section shall not be interpreted in any
19manner to compromise or impact the accountability of, or limit
20authority with respect to, an agency or entity under state
21law. Any provision applicable to, or responsibility of, a
22division, board, or office collecting moneys for deposit into
23the fund established pursuant to this section shall not be
24altered or impacted by the existence of the fund and shall
25remain applicable to the same extent as if the division, board,
26 or office were receiving moneys pursuant to a general fund
27appropriation. The divisions of the department of commerce
28 insurance and financial services shall comply with directions
29by the governor to executive branch departments regarding
30restrictions on out-of-state travel, hiring justifications,
31association memberships, equipment purchases, consulting
32contracts, and any other expenditure efficiencies that the
33governor deems appropriate.
34 Sec. 2796. Section 714E.6, subsection 4, Code 2023, is
35amended to read as follows:
-1516- 14. Notwithstanding any other provision of this section,
2an action shall not be brought on the basis of a violation of
3this chapter, except by an owner against whom the violation was
4committed or by the attorney general. This limitation does not
5apply to administrative action by either the attorney general
6or the superintendent of the banking division of the department
7of commerce insurance and financial services.
8 Sec. 2797. Section 714F.8, subsection 3, paragraph b,
9subparagraph (1), Code 2023, is amended to read as follows:
10(1) Make a payment to the foreclosed homeowner such that the
11foreclosed homeowner has received consideration in an amount
12of at least eighty-two percent of the fair market value of the
13property, as the property was when the foreclosed homeowner
14vacated the property, within ninety days of either the eviction
15or voluntary relinquishment of possession of the property by
16the foreclosed homeowner. The foreclosure purchaser shall make
17a detailed accounting of the basis for the payment amount, or
18a detailed accounting of the reasons for failure to make a
19payment, including providing written documentation of expenses,
20within this ninety-day period. The accounting shall be on a
21form prescribed by the attorney general, in consultation with
22the superintendent of the banking division of the department of
23commerce insurance and financial services without being subject
24to the rulemaking procedures of chapter 17A.
25 Sec. 2798. Section 714F.8, subsection 3, paragraph b,
26subparagraph (2), subparagraph division (b), Code 2023, is
27amended to read as follows:
28(b) The time for determining the fair market value amount
29shall be determined in the foreclosure reconveyance contract
30as either at the time of the execution of the foreclosure
31reconveyance contract or at resale. If the contract states
32that the fair market value shall be determined at the time
33of resale, the fair market value shall be the resale price
34if it is sold within sixty days of the eviction or voluntary
35relinquishment of the property by the foreclosed homeowner.
-1517-1If the contract states that the fair market value shall
2be determined at the time of resale, and the resale is not
3completed within sixty days of the eviction or voluntary
4relinquishment of the property by the foreclosed homeowner, the
5fair market value shall be determined by an appraisal conducted
6within one hundred eighty days of the eviction or voluntary
7relinquishment of the property by the foreclosed homeowner
8and payment, if required, shall be made to the foreclosed
9homeowner, but the fair market value shall be recalculated as
10the resale price on resale and an additional payment amount,
11if appropriate, based on the resale price, shall be made to
12the foreclosed homeowner within fifteen days of resale, and
13a detailed accounting of the basis for the payment amount,
14or a detailed accounting of the reasons for failure to make
15additional payment, shall be made within fifteen days of
16resale, including providing written documentation of expenses.
17The accounting shall be on a form prescribed by the attorney
18general, in consultation with the superintendent of the banking
19division of the department of commerce insurance and financial
20services, without being subject to the rulemaking procedures
21of chapter 17A.
22 Sec. 2799. Section 714F.9, subsection 1, Code 2023, is
23amended to read as follows:
241. Remedies. A violation of this chapter is an unlawful
25practice pursuant to section 714.16, and all the remedies of
26section 714.16 are available for such an action. A private
27cause of action brought under this chapter by a foreclosed
28homeowner is in the public interest. A foreclosed homeowner
29may bring an action for a violation of this chapter. If
30the court finds a violation of this chapter, the court shall
31award to the foreclosed homeowner actual damages, appropriate
32equitable relief, and the costs of the action, and shall
33award reasonable fees to the foreclosed homeowner’s attorney.
34Notwithstanding any other provision of this section, an action
35shall not be brought on the basis of a violation of this
-1518-1chapter except by a foreclosed homeowner against whom the
2violation was committed or by the attorney general. This
3limitation does not apply to administrative action by the
4superintendent of the banking division of the department of
5commerce insurance and financial services.
6 Sec. 2800. REPEAL. Section 524.202, Code 2023, is repealed.
7DIVISION XVI
8DEPARTMENT OF CORRECTIONS — JUDICIAL DISTRICT DEPARTMENTS OF
9CORRECTIONAL SERVICES AND COMMUNITY-BASED CORRECTIONAL PROGRAMS
10 Sec. 2801. Section 7E.5, subsection 1, paragraph n, Code
112023, is amended to read as follows:
12n. The department of corrections, created in section
13904.102, which has primary responsibility for corrections
14administration, corrections institutions, prison industries,
15judicial district departments of correctional services and
16the development, funding, and monitoring of community-based
17corrections programs.
18 Sec. 2802. Section 8D.2, subsection 5, paragraph a, Code
192023, is amended to read as follows:
20a. “Public agency” means a state agency, an institution
21under the control of the board of regents, the judicial
22branch as provided in section 8D.13, subsection 14, a school
23corporation, a city library, a county library as provided in
24chapter 336, or a judicial district department of correctional
25services established in section 905.2, to the extent provided
26in section 8D.13, subsection 12, an agency of the federal
27government, or a United States post office which receives a
28federal grant for pilot and demonstration projects.
29 Sec. 2803. Section 80D.1, subsection 1, Code 2023, is
30amended to read as follows:
311. The governing body of a city, a county, the state
32of Iowa, or a judicial district department of correctional
33services the Iowa department of corrections may provide, either
34separately or collectively through a chapter 28E agreement, for
35the establishment of a force of reserve peace officers, and may
-1519-1limit the size of the reserve force. In the case of the state,
2the department of public safety shall act as the governing
3body.
4 Sec. 2804. Section 80D.6, subsection 1, Code 2023, is
5amended to read as follows:
61. Reserve peace officers shall serve as peace officers
7on the orders and at the discretion of the chief of police,
8sheriff, commissioner of public safety or the commissioner’s
9designee, or director of the judicial district department of
10correctional services Iowa department of corrections or the
11director’s designee, as the case may be.
12 Sec. 2805. Section 80D.7, Code 2023, is amended to read as
13follows:
1480D.7 Carrying weapons.
15A member of a reserve force shall not carry a weapon in
16the line of duty until the member has been approved by the
17governing body and certified by the Iowa law enforcement
18academy council to carry weapons. After approval and
19certification, a reserve peace officer may carry a weapon in
20the line of duty only when authorized by the chief of police,
21sheriff, commissioner of public safety or the commissioner’s
22designee, or director of the judicial district department of
23correctional services Iowa department of corrections or the
24director’s designee, as the case may be.
25 Sec. 2806. Section 80D.9, Code 2023, is amended to read as
26follows:
2780D.9 Supervision of reserve peace officers.
281. Reserve peace officers shall be subordinate to regular
29peace officers, shall not serve as peace officers unless
30under the direction of regular peace officers, and shall
31wear a uniform prescribed by the chief of police, sheriff,
32commissioner of public safety, or director of the judicial
33district department of correctional services Iowa department of
34corrections unless that superior officer designates alternate
35apparel for use when engaged in assignments involving special
-1520-1investigation, civil process, court duties, jail duties, and
2the handling of mental patients. The reserve peace officer
3shall not wear an insignia of rank.
42. Each department for which a reserve force is established
5shall appoint a certified peace officer as the reserve force
6coordinating and supervising officer. A reserve peace
7officer force established in a judicial district department of
8correctional services by the Iowa department of corrections
9 must be directly supervised by a certified peace officer who is
10on duty. That certified peace officer shall report directly
11to the chief of police, sheriff, commissioner of public safety
12or the commissioner’s designee, or director of the judicial
13district department of correctional services Iowa department of
14corrections or the director’s designee, as the case may be.
15 Sec. 2807. Section 80D.11, Code 2023, is amended to read as
16follows:
1780D.11 Employee — pay.
18While performing official duties, each reserve peace officer
19shall be considered an employee of the governing body which the
20officer represents and shall be paid a minimum of one dollar
21per year. The governing body of a city, a county, the state,
22or a judicial district department of correctional services the
23Iowa department of corrections may provide additional monetary
24assistance for the purchase and maintenance of uniforms and
25equipment used by reserve peace officers.
26 Sec. 2808. Section 97B.49B, subsection 3, paragraph f, Code
272023, is amended by striking the paragraph.
28 Sec. 2809. Section 331.211, subsection 1, Code 2023, is
29amended to read as follows:
301. The board, at its first meeting in each year, shall:
31a. Organize by choosing choose one of its members as
32chairperson who shall preside at all of its meetings during the
33year. The board may also select a vice chairperson who shall
34serve during the absence of the chairperson.
35b. Choose one of its members to be a member of the board of
-1521-1directors of the judicial district department of correctional
2services as provided in section 905.3, subsection 1, paragraph
3“a”, subparagraph (1).
4 Sec. 2810. Section 331.321, subsection 1, paragraph x, Code
52023, is amended by striking the paragraph.
6 Sec. 2811. Section 904.108, subsection 1, paragraph l, Code
72023, is amended to read as follows:
8l. Adopt rules, policies, and procedures, subject to
9the approval of the board, pertaining to community-based
10correctional programs, and the supervision of parole and work
11release.
12 Sec. 2812. NEW SECTION. 904.301A Appointment of directors.
13The director shall appoint, subject to the approval of the
14board, a director for each judicial district department of
15correctional services established in section 905.2.
16 Sec. 2813. Section 905.1, Code 2023, is amended to read as
17follows:
18905.1 Definitions.
19As used in this chapter, unless the context otherwise
20requires:
211. “Administrative agent” means the county selected by the
22district board to perform accounting, budgeting, personnel,
23facilities management, insurance, payroll and other supportive
24services on the behalf of the district board, or the district
25department itself, if so designated by the district board.
262. 1. “Community-based correctional program” means
27correctional programs and services, under the direction of a
28director and the Iowa department of corrections, including
29but not limited to an intermediate criminal sanctions program
30in accordance with the corrections continuum in section
31901B.1, designed to supervise and assist individuals who
32are charged with or have been convicted of a felony, an
33aggravated misdemeanor or a serious misdemeanor, or who
34are on probation or parole in lieu of or as a result of a
35sentence of incarceration imposed upon conviction of any
-1522-1of these offenses, or who are contracted to the district
2department for supervision and housing while on work release.
3A community-based correctional program shall be designed by a
4district department, under the direction and control of the
5Iowa department of corrections, in a manner that provides
6services in a manner free of disparities based upon an
7individual’s race or ethnic origin.
83. 2. “Director” means the director of a judicial district
9department of correctional services, appointed by the director
10of the Iowa department of corrections, and employed by the Iowa
11department of corrections.
124. 3. “District advisory board” means the advisory board
13of directors of a judicial district department of correctional
14services.
155. 4. “District department” means a judicial district
16department of correctional services, under the direction and
17control of the Iowa department of corrections, established as
18required by section 905.2.
196. “Project” means a locally functioning part of a
20community-based correctional program, officed and operating in
21a physical location separate from the offices of the district
22department.
237. “Project advisory committee” means a committee of no more
24than seven persons which shall act in an advisory capacity to
25the director on matters pertaining to the planning, operation,
26and other pertinent functions of each project in the judicial
27district. The members of the project advisory committee for
28each project shall be initially appointed by the director
29from among the general public. Not more than one half of the
30project advisory committee shall hold public office or public
31employment during membership on the committee. A person who
32holds public office as a county supervisor and serves on the
33board of directors under section 905.3 shall not be a member of
34a project advisory committee under this section. The terms of
35the initial members of the project advisory committee shall be
-1523-1staggered to permit the terms of just over half of the members
2to expire in two years and those of the remaining members to
3expire in one year. Subsequent appointments to the project
4advisory committee shall be by vote of a majority of the whole
5project advisory committee for two-year terms.
6 Sec. 2814. Section 905.2, Code 2023, is amended to read as
7follows:
8905.2 District departments established.
91. There is established in each judicial district in this
10state a public agency to be known as the “........judicial
11district department of correctional services.” Each district
12department shall furnish or contract for those services
13necessary to provide a community-based correctional program
14which meets the needs of that judicial district requirements of
15the Iowa department of corrections.
162. The district department is under the direction of a
17board of directors the Iowa department of corrections, selected
18as provided in section 905.3, and shall be administered by a
19director employed by the board Iowa department of corrections.
20A district department is a state agency for purposes of chapter
21669.
223. All employees of a district department shall be employees
23of the Iowa department of corrections.
24 Sec. 2815. Section 905.3, Code 2023, is amended to read as
25follows:
26905.3 Board of directors — executive committee District
27advisory board — expenses reimbursed.
281. a. The board of directors of A district advisory board
29is established for each district department, which shall serve
30in an advisory capacity to a director without compensation, and
31 shall be composed as follows:
32(1) One member shall be chosen appointed annually by a
33director from and by the board of supervisors of each county
34in the judicial district and shall be so designated annually
35by the respective boards of supervisors at the organizational
-1524-1meetings held under section 331.211.
2(2) One member shall be chosen from each of the project
3advisory committees within the judicial district, which person
4shall be designated annually, no later than January 15, by and
5from the project advisory committee. However, in lieu of the
6designation of project advisory committee members as members of
7the district board, the district board may The director shall
8 on or before December 31 appoint two citizen members to serve
9on the district advisory board for the following calendar year.
10(3) A number of members equal to the number of authorized
11board members from project advisory committees or equal to the
12number of citizen members shall be appointed by the chief judge
13of the judicial district no later than January 15 of each year
14 on or before December 31 to serve on the district advisory
15board for the following calendar year.
16b. Within thirty days after the members of the district
17board have been so designated for the year, the district
18board shall organize by election of a chairperson, a vice
19chairperson, and members of the executive committee as required
20by subsection 2. The district advisory board shall meet at
21least not more often than quarterly during the calendar year
22but may meet more frequently upon the call of the chairperson
23or upon a call signed by a majority, determined by weighted
24vote computed as in subsection 4, of the members of the board.
252. Each district board shall have an executive committee
26consisting of the chairperson and vice chairperson and at
27least one but no more than five other members of the district
28board. Either the chairperson or the vice chairperson shall
29be a supervisor, and the remaining representation on the
30executive committee shall be divided as equally as possible
31among supervisor members, project advisory committee members
32or citizen members, and judicially appointed members. The
33executive committee may exercise all of the powers and
34discharge all of the duties of the district board, as
35prescribed by this chapter, except those specifically withheld
-1525-1from the executive committee by action of the district board.
23. 2. The members of the district advisory board and of
3the executive committee shall be reimbursed from funds of the
4district department for travel and other expenses necessarily
5incurred in attending meetings of those bodies, or while
6otherwise engaged on business of the district department.
74. Each member of the district board shall have one vote
8on the board. However, upon the request of any supervisory
9member, the vote on any matter before the board shall be
10taken by weighted vote. In each such case, the vote of the
11supervisor representative of the least populous county in the
12judicial district shall have a weight of one unit, and the vote
13of each of the other supervisor members shall have a weight
14which bears the same proportion to one unit as the population
15of the county that supervisor member represents bears to the
16population of the least populous county in the district. In
17the event of weighted vote, the vote of each member appointed
18from a project advisory committee or of each citizen member and
19of each judicially appointed member shall have a weight of one
20unit.
21 Sec. 2816. Section 905.4, Code 2023, is amended to read as
22follows:
23905.4 Duties of the district advisory board.
24The district advisory board shall:
251. Adopt bylaws and rules for the conduct of its own
26business and for the government of the district department’s
27community-based correctional program.
282. Employ a director having the qualifications required by
29section 905.6 to head the district department’s community-based
30correctional program and, within a range established by the
31Iowa department of corrections, fix the compensation of and
32have control over the director and the district department’s
33staff. For purposes of collective bargaining under chapter
3420, employees of the district board who are not exempt from
35chapter 20 are employees of the state, and the employees of all
-1526-1of the district boards shall be included within one collective
2bargaining unit.
33. Designate one of the counties in the judicial district
4to serve as the district department’s administrative agent
5to provide, in that capacity, all accounting, personnel,
6facilities management and supportive services needed by the
7district department, on terms mutually agreeable in regard
8to advancement of funds to the county for the added expense
9it incurs as a result of being so designated. However, the
10district board may designate the district department itself as
11the district department’s administrative agent, if the district
12board determines that it would be more efficient and less
13costly than designating a county as the administrative agent.
144. File with the board of supervisors of each county in the
15district and with the Iowa department of corrections, within
16ninety days after the close of each fiscal year, a report
17covering the district board’s proceedings and a statement of
18receipts and expenditures during the preceding fiscal year.
195. 2. Arrange for, by contract or on such alternative
20basis as may be mutually acceptable, and equip Advise the
21director concerning suitable quarters at one or more sites in
22the district as may be necessary for the district department’s
23community-based correctional program, provided that the
24board shall to the greatest extent feasible utilize existing
25facilities and shall keep capital expenditures for acquisition,
26renovation and repair of facilities to a minimum. The
27district board shall not enter into lease-purchase agreements
28for the purposes of constructing, renovating, expanding, or
29otherwise improving a community-based correctional facility or
30office unless express authorization has been granted by the
31general assembly, and current funding is adequate to meet the
32lease-purchase obligation.
336. Have authority to accept property by gift, devise,
34bequest or otherwise and to sell or exchange any property
35so accepted and apply the proceeds thereof, or the property
-1527-1received in exchange therefor, to the purposes enumerated in
2subsection 5.
37. 3. Recruit, and promote, accept and use local financial
4support for the district department’s community-based
5correctional program from private sources such as community
6service funds, business, industrial and private foundations,
7voluntary agencies and other lawful sources.
88. Accept and expend state and federal funds available
9directly to the district department for all or any part of the
10cost of its community-based correctional program.
119. Arrange, by contract or on an alternative basis mutually
12acceptable, and with approval of the director of the Iowa
13department of corrections or that director’s designee for
14utilization of existing local treatment and service resources,
15including but not limited to employment, job training,
16general, special, or remedial education; psychiatric and
17marriage counseling; and alcohol and drug abuse treatment and
18counseling. It is the intent of this chapter that a district
19board shall approve the development and maintenance of such
20resources by its own staff only if the resources are otherwise
21unavailable to the district department within reasonable
22proximity to the community where these services are needed in
23connection with the community-based correctional program.
2410. Establish a project advisory committee to act in an
25advisory capacity on matters pertaining to the planning,
26operation, and other pertinent functions of each project in the
27judicial district.
2811. Have authority to establish a force of reserve peace
29officers, either separately or collectively through a chapter
3028E agreement, as provided in chapter 80D.
31 Sec. 2817. Section 905.6, Code 2023, is amended to read as
32follows:
33905.6 Duties of director.
34The director employed by the district board under section
35905.4, subsection 2, Iowa department of corrections shall be
-1528-1qualified in the administration of correctional programs. The
2director shall:
31. Perform the duties and have the responsibilities
4delegated by the district board or specified by the Iowa
5department of corrections pursuant to this chapter.
62. Manage the district department’s community-based
7correctional program, in accordance with the policies of the
8district board and the Iowa department of corrections.
93. Employ, with approval of the district board Iowa
10department of corrections, and supervise the employees of the
11district department, including reserve peace officers, if a
12force of reserve peace officers has been established.
134. Prepare all budgets and fiscal documents, and certify
14for payment all expenses and payrolls lawfully incurred by
15the district department. The director may invest funds which
16are not needed for current expenses, jointly with one or more
17cities, city utilities, counties, or rural water districts
18created under chapter 357A pursuant to a joint investment
19agreement. All investment of funds shall be subject to
20sections 12B.10 and 12B.10A and other applicable law.
215. Act as secretary to the district advisory board, prepare
22its agenda and record its proceedings. The district shall
23provide a copy of minutes from each meeting of the district
24advisory board to the legislative services agency.
256. Develop and submit to the district board Iowa department
26of corrections a plan for the establishment, implementation,
27and operation of a community-based correctional program in that
28judicial district, which program conforms to the guidelines
29drawn up by the Iowa department of corrections under this
30chapter and which conform to rules, policies, and procedures
31pertaining to the supervision of parole and work release
32adopted by the director of the Iowa department of corrections
33concerning the community-based correctional program.
347. Negotiate and, upon approval by the district board
35 Iowa department of corrections, implement contracts or other
-1529-1arrangements for utilization of local treatment and service
2resources authorized by section 905.4, subsection 9 15.
38. Administer the batterers’ treatment program for domestic
4abuse offenders required in section 708.2B.
59. Notify the board of parole, thirty days prior to release,
6of the release from a residential facility operated by the
7district department of a person serving a sentence under
8section 902.12.
910. File with the director of the Iowa department of
10corrections, within ninety days after the close of each
11fiscal year, a report covering the district advisory board’s
12proceedings and a statement of receipts and expenditures during
13the preceding fiscal year.
1411. Arrange for, upon approval of the Iowa department of
15corrections, by contract or on such alternative basis as may
16be mutually acceptable, and equip suitable quarters at one or
17more sites in the district as may be necessary for the district
18department’s community-based correctional program, provided
19that the director shall to the greatest extent feasible utilize
20existing facilities and shall keep capital expenditures for
21acquisition, renovation, and repair of facilities to a minimum.
22The director shall not enter into lease-purchase agreements
23for the purposes of constructing, renovating, expanding, or
24otherwise improving a community-based correctional facility or
25office unless express authorization has been granted by the
26general assembly, and current funding is adequate to meet the
27lease-purchase obligation.
2812. Have authority to accept property by gift, devise,
29bequest, or otherwise, and to sell or exchange any property
30so accepted and apply the proceeds thereof, or the property
31received in exchange therefor, to the purposes enumerated in
32subsection 11.
3313. Recruit, promote, accept, and use local financial
34support for the district department’s community-based
35correctional program from private sources such as community
-1530-1service funds, business, industrial and private foundations,
2voluntary agencies, and other lawful sources.
314. Accept and expend state and federal funds available
4directly to the district department for all or any part of the
5cost of its community-based correctional program.
615. Arrange, by contract or on an alternative basis mutually
7acceptable, and with approval of the director of the Iowa
8department of corrections or that director’s designee for
9utilization of existing local treatment and service resources,
10including but not limited to employment, job training,
11general, special, or remedial education; psychiatric and
12marriage counseling; and alcohol and drug abuse treatment and
13counseling.
1416. Have authority to establish a force of reserve peace
15officers, either separately or collectively through a chapter
1628E agreement, as provided in chapter 80D.
17 Sec. 2818. Section 905.9, Code 2023, is amended to read as
18follows:
19905.9 Report of review — sanction.
20Upon completion of a review of a district community-based
21correctional program, made under section 905.8, the Iowa
22department of corrections shall submit its findings to the
23district advisory board in writing. If the Iowa department
24of corrections concludes that the district department’s
25community-based correctional program fails to meet any of the
26requirements of this chapter and of the guidelines adopted
27under section 905.7, it shall also request in writing a
28response to this finding from the district advisory board.
29If a response is not received within sixty days after the
30date of that request, or if the response is unsatisfactory,
31the Iowa department of corrections may call a public hearing
32on the matter. If after the hearing, the Iowa department
33of corrections is not satisfied that the district’s
34community-based correctional program will expeditiously be
35brought into compliance with the requirements of this chapter
-1531-1and of the guidelines adopted under section 905.7, it may
2assume responsibility for administration of the district’s
3community-based correctional program on an interim basis.
4 Sec. 2819. REPEAL. Section 905.5, Code 2023, is repealed.
5 Sec. 2820. TRANSITION PROVISIONS.
61. Any rule promulgated by a district board of a judicial
7district department of correctional services as required to
8administer and enforce the provisions of chapter 905 shall
9continue in full force and effect until amended, repealed, or
10supplemented by affirmative action of the Iowa department of
11corrections.
122. Any contract entered into by a district board of a
13judicial district department of correctional services relating
14to the provisions of chapter 905 in effect on the effective
15date of this Act shall continue in full force and effect
16pending transfer of such contract to the Iowa department of
17corrections.
183. Any moneys remaining in any account or fund under the
19control of a district board of a judicial district department
20of correctional services on the effective date of this division
21of this Act and relating to the provisions of this division of
22this Act shall be transferred to a comparable fund or account
23under the control of the Iowa department of corrections.
24Notwithstanding section 8.33, the moneys transferred in
25accordance with this subsection shall not revert to the account
26or fund from which appropriated or transferred.
27 Sec. 2821. TRANSITION — APPOINTMENT AND TERM OF DISTRICT
28BOARD MEMBERS. This division of this Act shall not affect the
29appointment or term of a member serving on a district board
30of a judicial district department of correctional services
31immediately prior to the effective date of this division of
32this Act.
33DIVISION XVII
34BOARD OF PAROLE
35 Sec. 2822. Section 904A.1, Code 2023, is amended to read as
-1532-1follows:
2904A.1 Board of parole — organization.
31. The board of parole is created to consist of five
4members. Each member, except the chairperson and the vice
5chairperson, shall be compensated on a day-to-day basis shall
6be appointed by the governor subject to confirmation by the
7senate. Each member shall serve a term of four years beginning
8and ending as provided by section 69.19, except for members
9appointed to fill vacancies who shall serve for the balance
10of the unexpired term. The terms shall be staggered. The
11chairperson and vice chairperson All members of the board shall
12be full-time, salaried members of the board. A majority of the
13members of the board constitutes a quorum to transact business.
142. The governor shall appoint a member of the board as the
15chairperson and vice chairperson of the board, each subject to
16confirmation by the senate. The appointments as chairperson
17and vice chairperson shall serve at the pleasure of the
18governor.
19 Sec. 2823. Section 904A.6, Code 2023, is amended to read as
20follows:
21904A.6 Salaries and expenses.
22Each member, except the chairperson and the vice
23chairperson, of the board shall be paid per diem as determined
24by the general assembly. The chairperson and vice chairperson
25 of the board shall be paid a salary as determined by the
26general assembly. Each member of the board and all employees
27are entitled to receive, in addition to their per diem or
28 salary, their necessary maintenance and travel expenses while
29engaged in official business.
30 Sec. 2824. REPEAL. Sections 904A.2A and 904A.3, Code 2023,
31are repealed.
32 Sec. 2825. TRANSITION — APPOINTMENT AND TERM OF BOARD OF
33PAROLE MEMBERS. This division of this Act shall not affect the
34appointment or term of a member serving on the board of parole
35immediately prior to the effective date of this division of
-1533-1this Act.
2DIVISION XVIII
3SALARIES OF APPOINTED STATE OFFICERS
4 Sec. 2826. APPOINTED STATE OFFICERS — SALARY RANGES.
51. Unless otherwise provided by law, the governor shall
6establish a salary for nonelected persons appointed by the
7governor within the executive branch of state government.
8In establishing a salary for a person holding a position
9enumerated in subsection 3 within the range provided, the
10governor may consider, among other items, the experience of
11the person in the position, changes in the duties of the
12position, the incumbent’s performance of assigned duties,
13and subordinates’ salaries. However, the attorney general
14shall establish the salary of the consumer advocate, the
15chief justice of the supreme court shall establish the salary
16of the state court administrator, the ethics and campaign
17disclosure board shall establish the salary of the executive
18director, the Iowa public information board shall establish
19the salary of the executive director, the board of regents
20shall establish the salary of the executive director, and the
21Iowa public broadcasting board shall establish the salary of
22the administrator of the public broadcasting division of the
23department of education, each within the salary range provided
24in subsection 3.
252. A person whose salary is established pursuant to this
26section and who is a full-time, year-round employee of the
27state shall not receive any other remuneration from the state
28or from any other source for the performance of that person’s
29duties unless the additional remuneration is first approved by
30the governor or authorized by law. However, this subsection
31does not apply to reimbursement for necessary travel and
32expenses incurred in the performance of duties or fringe
33benefits normally provided to employees of the state.
343. a. The following annual salary ranges for appointed
35state officers are effective for the positions specified in
-1534-1this subsection for the fiscal year beginning July 1, 2023,
2effective for the pay period beginning June 23, 2023, and
3for subsequent fiscal years until otherwise provided by the
4general assembly. The governor or other person designated
5in subsection 1 shall determine the salary to be paid to the
6person indicated at a rate within the applicable salary range
7from moneys appropriated by the general assembly for that
8purpose.
9SALARY RANGE Minimum Maximum
10(1) Range 4 $ 63,690 $ 97,460
11(2) Range 5 $ 73,250 $112,070
12(3) Range 6 $ 84,240 $128,890
13(4) Range 7 $100,840 $154,300
14b. The following are range 4 positions: chairperson and
15members of the employment appeal board of the department of
16inspections, appeals, and licensing, director of the Iowa state
17civil rights commission, director of the department for the
18blind, executive director of the ethics and campaign disclosure
19board, executive director of the Iowa public information board,
20and chairperson, vice chairperson, and members of the board of
21parole.
22c. The following are range 5 positions: state public
23defender, labor commissioner, workers’ compensation
24commissioner, director of the law enforcement academy, and
25executive director of the public employment relations board.
26d. The following are range 6 positions: superintendent of
27banking, superintendent of credit unions, consumer advocate,
28and chairperson and members of the utilities board.
29e. The following are range 7 positions: administrator
30of the public broadcasting division of the department of
31education, executive director of the Iowa telecommunications
32and technology commission, executive director of the state
33board of regents, lottery administrator of the department of
34revenue, and state court administrator.
35 Sec. 2827. Section 8A.102, subsection 2, Code 2023, is
-1535-1amended to read as follows:
22. The person appointed as director shall be professionally
3qualified by education and have no less than five years’
4experience in the field of management, public or private sector
5personnel administration including the application of merit
6principles in employment, financial management, and policy
7development and implementation. The appointment shall be made
8without regard for political affiliation. The director shall
9not be a member of any local, state, or national committee
10of a political party, an officer or member of a committee in
11any partisan political club or organization, or hold or be a
12candidate for a paid elective public office. The director is
13subject to the restrictions on political activity provided
14in section 8A.416. The governor shall set the salary of the
15director within pay grade nine.
16 Sec. 2828. Section 80.2, Code 2023, is amended to read as
17follows:
1880.2 Commissioner — appointment.
19The chief executive officer of the department of public
20safety is the commissioner of public safety. The governor
21shall appoint, subject to confirmation by the senate, a
22commissioner of public safety, who shall be a person of
23high moral character, of good standing in the community in
24which the commissioner lives, of recognized executive and
25administrative capacity, and who shall not be selected on the
26basis of political affiliation. The commissioner of public
27safety shall devote full time to the duties of this office; the
28commissioner shall not engage in any other trade, business, or
29profession, nor engage in any partisan or political activity.
30The commissioner shall serve at the pleasure of the governor,
31at an annual salary as fixed by the general assembly.
32 Sec. 2829. Section 84A.1, subsection 2, paragraph b, Code
332023, is amended to read as follows:
34b. The governor shall set the salary of the director
35within the applicable salary range established by the general
-1536-1assembly.
2 Sec. 2830. Section 256.10, subsection 1, Code 2023, is
3amended to read as follows:
41. The salary of the director shall be fixed by the governor
5within a range established by the general assembly.
6 Sec. 2831. Section 307.11, subsection 2, Code 2023, is
7amended to read as follows:
82. The director shall receive a salary as fixed by the
9governor within a salary range set by the general assembly.
10 Sec. 2832. Section 455A.3, Code 2023, is amended to read as
11follows:
12455A.3 Director — qualifications.
13The chief administrative officer of the department is
14the director who shall be appointed by the governor, subject
15to confirmation of the senate, and serve at the governor’s
16pleasure. The governor shall make the appointment based on
17the appointee’s training, experience, and capabilities. The
18director shall be knowledgeable in the general field of natural
19resource management and environmental protection. The salary
20of the director shall be fixed by the governor within salary
21guidelines or a range established by the general assembly.
22 Sec. 2833. EFFECTIVE DATE. This division of this Act takes
23effect June 23, 2023.
24DIVISION XIX
25BOARDS AND COMMISSIONS
26 Sec. 2834. BOARDS AND COMMISSIONS REVIEW COMMITTEE —
27REPORT.
281. A boards and commissions review committee shall be
29established to study the efficiency and effectiveness of each
30board, council, commission, committee, or other similar entity
31of the state established by the Code. The committee shall
32evaluate the extent to which the goals and objectives of those
33entities are currently being met and make recommendations for
34the continuation, elimination, consolidation, or reorganization
35of those entities as needed.
-1537- 12. The committee shall consist of six voting members and
2four ex officio, nonvoting members.
3a. The voting members of the committee shall be composed of
4all of the following:
5(1) One staff member of the governor’s office, appointed by
6the governor.
7(2) The administrative rules coordinator or the
8coordinator’s designee.
9(3) The director of the department of management or the
10director’s designee.
11(4) The director of the department of inspections, appeals,
12and licensing or the director’s designee.
13(5) One assistant attorney general, appointed by the
14governor upon recommendation of the attorney general.
15(6) One member of the public, appointed by the governor.
16b. The ex officio, nonvoting members of the committee shall
17be two state representatives, one appointed by the speaker of
18the house of representatives and one by the minority leader
19of the house of representatives, and two state senators, one
20appointed by the majority leader of the senate and one by the
21minority leader of the senate.
223. The office of the governor shall provide staffing for
23the committee. The committee may seek the expertise and
24services of individuals or entities outside of its membership
25for research, advice, consultation, support, or other needs in
26furtherance of its responsibilities.
274. The committee shall submit a report containing its
28findings and recommendations to the governor and the general
29assembly on or before September 30, 2023.
305. All departments, agencies, boards, councils,
31commissions, committees, or other similar entity of the
32state established by the Code shall cooperate fully with the
33committee in its review process.
34DIVISION XX
35MISCELLANEOUS PROVISIONS
-1538-1 Sec. 2835. IRRECONCILABLE AMENDMENTS. If an amendment
2to a statute in this Act is irreconcilable with an amendment
3made to the same statute that is contained in division I of
4this Act that implements the transition of the department of
5human services and the department of public health into the
6department of health and human services as required in 2022
7Iowa Acts, chapter 1131, section 51, the amendment to the
8statute that is not contained in division I of this Act shall
9prevail over and shall be codified instead of the amendment
10to the same statute that is contained in division I of this
11Act that implements the transition of the department of
12human services and the department of public health into the
13department of health and human services.
14 Sec. 2836. TRANSITION PROVISIONS.
151. Administrative rules.
16a. Any rule, regulation, form, order, or directive
17promulgated by any state agency mentioned in this Act,
18including any agency abolished, merged, or altered in this Act,
19and in effect on July 1, 2023, shall continue in full force and
20effect until amended, repealed, or supplemented by affirmative
21action of the appropriate state agency under the duties and
22powers of state agencies as established in this Act and under
23the procedure established in paragraph “b”, if applicable.
24b. In regard to updating references and format in the
25Iowa administrative code in order to correspond to the
26restructuring of state government as established in this Act,
27the administrative rules coordinator and the administrative
28rules review committee, in consultation with the administrative
29code editor, shall jointly develop a schedule for the necessary
30updating of the Iowa administrative code.
312. Legal obligations.
32a. Any license or permit issued by any state agency
33mentioned in this Act, including any agency abolished, merged,
34or altered in this Act, and in effect on July 1, 2023, shall
35continue in full force and effect until expiration or renewal.
-1539- 1b. Any loan, grant, or item of value awarded, or contract
2entered into, as of July 1, 2023, by any state agency mentioned
3in this Act, including any agency abolished, merged, or altered
4in this Act, shall continue in full force and effect pursuant
5to the terms of the award of such loan, grant, item of value,
6or contract.
73. Personnel. Any personnel in the state merit system of
8employment who are mandatorily transferred due to the effect of
9this Act shall be so transferred without any loss in salary,
10benefits, or accrued years of service.
114. Funds. Any funds in any account or fund that is
12altered in this Act, or of a state agency abolished, merged,
13or altered in this Act, shall be transferred to the comparable
14fund or account or state agency as provided by this Act.
15Notwithstanding section 8.33, moneys transferred in accordance
16with this subsection shall not revert to the account or fund
17from which appropriated or transferred.
185. Litigation. Any administrative hearing, cause of
19action, or statute of limitation relating to a state agency
20transferred to another state agency as provided by this Act
21shall not be affected as a result of the transfer and such
22cause or statute of limitation shall apply to the successor
23state agency.
246. Boards and commissions. The holder of any position of
25membership on any board, committee, commission, or council in
26state government shall continue to hold such position until
27the end of the member’s term of office, notwithstanding any
28change in the name or organizational location of such board,
29committee, commission, or council that is made by this Act.
307. Signs and insignia. Any replacement of signs, logos,
31stationery, insignia, uniforms, and related items that is made
32due to the effect of this Act should be done as part of the
33normal replacement cycle for such items.
34 Sec. 2837. APPLICABILITY. The transition provisions in
35this division of this Act, to the extent not inconsistent with
-1540-1alternative provisions specifically provided by law or this
2Act, shall apply to this Act.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to the organization, structure, and
7functions of state government. The bill is organized by
8divisions.
9DIVISION I — DEPARTMENT OF HEALTH AND HUMAN SERVICES. This
10division provides the legislative changes for the realignment
11of the department of human services (DHS) and department of
12public health (DPH) into the department of health and human
13services (HHS), as necessary, for consideration by the general
14assembly during the 2023 legislative session to implement the
15realignment effective July 1, 2023, as required by 2022 Iowa
16Acts, chapter 1131, section 51, subsection 6, paragraph “a”.
17In addition, the bill incorporates into HHS the department
18on aging (DOA), the department of human rights (DHR), early
19childhood Iowa, and the Iowa commission on volunteer services.
20The bill eliminates references to the subunit structure
21and the heads of such subunits of HHS and other agencies
22incorporated into HHS below the department level, including
23divisions, bureaus, and administrators. Some of these include
24the center for rural health and primary care, the center
25for congenital and inherited disorders, the oral health and
26delivery systems bureau, the division of tobacco use prevention
27and control, the division for records and statistics, the
28bureau of professional licensure, the division of acute disease
29prevention and emergency response, the division of mental
30health and disability services, the administrator assigned to
31control the state mental health institutes and state resource
32centers, the administrator of mental health and disability
33services, the division to which the director of DHS had
34assigned responsibility for income and service programs, the
35administrator of the child support recovery unit, and the
-1541-1division of adult, children, and family services. Instead,
2the references are changed so that HHS, the director of HHS,
3or a designee is responsible for these functions. The bill
4authorizes the director of HHS to organize HHS into subunits as
5necessary to most efficiently carry out the responsibilities
6of HHS.
7The bill restructures the membership of boards, commissions,
8and other entities to avoid duplicative representation by more
9than one person representing HHS following the incorporation of
10other agencies and units of government into HHS.
11The bill changes current Code references to “child support
12recovery unit” to “child support services” and the reference to
13“foster care recovery unit” to “foster care services”.
14The bill changes current Code references to “substance
15abuse”, “drug abuse”, and similar terms, to “substance use
16disorder”.
17The bill designates “record check evaluation system” to
18refer to the process used by HHS to perform child and dependent
19adult abuse record checks and to evaluate criminal history and
20abuse records.
21The bill changes current Code references to “food stamps” to
22“supplemental nutrition assistance program”.
23The bill eliminates the state board of health and replaces
24the board with the council on health and human services, but
25retains local boards of health and local health departments.
26The bill amends the membership of the HHS council to expand
27voting membership from seven to nine members, and requires
28that at least one of these members is a physician licensed to
29practice medicine in Iowa.
30Through incorporation of DHR into HHS, the bill eliminates
31the division of community advocacy and services, the division
32of community action agencies, and the division of criminal and
33juvenile justice planning, and assigns the functions of these
34former divisions to HHS while retaining the underlying offices,
35commissions, councils, and the human rights board.
-1542- 1The bill eliminates current Code references to “service
2area” and “service area manager” for the delivery of services,
3but retains references to county offices and advisory boards.
4The bill moves the Code provision establishing the child
5abuse prevention advisory committee from a general provision
6under Code chapter 217 (DHS) to a new provision under Code
7chapter 235A (child abuse).
8The bill changes current Code references to the “hawk-i”
9program and related terms to the “Hawki” program and related
10terms to reflect current program branding.
11The bill also moves the function of the Iowa child death
12review team from the office of the state medical examiner
13to HHS; establishes the Iowa domestic abuse death review
14team under HHS rather than as an independent agency of
15state government; eliminates the reference to Iowa Medicaid
16enterprise and assigns those functions to the Medicaid program;
17moves the responsibility for regulation of consumable hemp to
18HHS from the department of inspections and appeals (DIA); and
19moves the creation of the child advocacy board from DIA to HHS.
20The bill updates or eliminates outdated Code provisions.
21The bill repeals Code chapter 136 (state board of health)
22and incorporates the functions of the board of health into the
23council on health and human services.
24The bill repeals Code sections 135.2 (appointment of
25director and acting director) under the former DPH; 135.3
26(disqualifications) relating to the former director of DPH;
27135.6 (assistants and employees) relating to the former
28DPH; 135.7 (bonds) relating to bond requirements for certain
29employees of the former DPH; 135.8 (seal) relating to the
30official seal of DPH; 135.9 (expenses) relating to travel
31expenses for employees of the former DPH; 135.10 (office)
32relating to the location of the former DPH at the seat of
33government; 216A.2 (appointment of department director,
34deputy director, and administrators — duties) relating to
35appointments for the former DHR; 217.7 (administration of
-1543-1divisions); 217.9 (additional duties); 217.10 (administrator
2of division of mental health and disability services);
3217.15 (administrator of division of administration)
4relating to the administrator position under the former DHS;
5217.16 (cooperation with other divisions) relating to the
6administrator of the division of administration with others
7under the former DHS; 217.17 (administrator of division of
8planning) relating to the administrator under the former
9DHS; 218.19 (districts) relating to the administrator of
10institutions having control of an institution under control
11of the former DHS; 218.20 (place of commitments — transfers)
12relating to commitments by district under the former DHS;
13218.40 (services required) relating to services required to be
14rendered by residents of institutions; 218.53 (dealers may file
15addresses) relating to the provision of contact information
16for those desiring to provide services to institutions;
17218.54 (samples preserved) relating to the retention of
18when purchases made by sample at institutions; 222.6 (state
19districts) relating to districts for resource centers; 227.19
20(administrator defined) relating to the administrator in
21control of mental health institutes under the former DHS;
22231.22 (director — assistant director) relating to the
23director and assistant director of former DOA; and 234.2
24(division created) relating to the division of child and family
25services under the former DHS.
26The bill repeals 2022 Iowa Acts, chapter 1098, sections 68
27and 92, relating to a future amendment to Code section 232.142
28relating to juvenile detention homes which would have moved
29administration fully to DHR and the provision making section 68
30effective July 1, 2023.
31DIVISION II — DEPARTMENT OF ADMINISTRATIVE SERVICES.
32 This division transfers the library services duties of the
33department of education, the state archivist and duties related
34to state records and archives, and most of the historical
35division of the department of cultural affairs to the
-1544-1department of administrative services. The bill also provides
2that the department of administrative services shall undertake
3responsibilities under Code chapter 305B, concerning museum
4property, currently provided by the department of cultural
5affairs.
6LIBRARY SERVICES. Code sections 256.50 to 256.73,
7concerning the library services duties of the department of
8education, are transferred to the department of administrative
9services in Code chapter 8A. The bill eliminates the library
10services division of the department of education and transfers
11duties and responsibilities of the division to the department
12of administrative services. The state librarian is transferred
13to the department of administrative services and the bill
14further provides that the state librarian shall be appointed
15by the director of the department of administrative services
16and not by the state commission of libraries. The state
17commission of libraries is also transferred to the department
18of administrative services and the bill adds the director of
19the department of administrative services as a member of the
20commission. The bill retains the rulemaking authority of the
21commission as it relates to library services.
22STATE RECORDS AND ARCHIVES. Code chapter 305, the state
23records and archives Act, is transferred to Code chapter 8A.
24 The bill transfers the duties currently performed by the
25department of cultural affairs under that Code chapter to the
26department of administrative services. The bill also strikes
27the director of the department of cultural affairs as a member
28of the state records commission. The bill also provides that
29the director of the department of administrative services,
30and not the administrator of the historical division of the
31department of cultural affairs, shall serve as an ex officio
32member of the Iowa historical records advisory board.
33HISTORICAL RESOURCES. The bill transfers most of the
34duties of the historical division of the department of
35cultural affairs and the administrator of that division to
-1545-1the department of administrative services and the director of
2the department of administrative services under Code chapter
38A. Duties of the historical division described in Code
4section 303.2 are generally transferred to the department of
5administrative services. The historic preservation officer,
6as well as related duties concerning historic properties and
7historic preservation activities, is not transferred to the
8department of administrative services. References to the
9historical division and to the state historical society as an
10agency of the state are eliminated and those responsibilities
11are transferred to the department of administrative services.
12The bill specifically defines the state historical society as
13a membership organization of the department of administrative
14services and retains those duties and responsibilities
15currently assigned to the state historical society as a
16membership organization with the state historical society.
17Current references to the state historical society as a
18state agency are changed to department of administrative
19services. The bill transfers the Iowa heritage fund and the
20historical resource development program to the department of
21administrative services.
22The bill provides that those duties currently assigned to
23the department of cultural affairs under Code chapter 305B,
24concerning museum property, are assigned to the department of
25administrative services.
26Finally, the bill also provides that control of the battle
27flag restoration fund, created in 2012 Iowa Acts, chapter 1136,
28shall be assigned to the department of administrative services
29and not the department of cultural affairs.
30DIVISION III — DEPARTMENT OF INSPECTIONS, APPEALS, AND
31LICENSING. This division of the bill renames the department of
32inspections and appeals (DIA) the department of inspections,
33appeals, and licensing (DIAL), and modifies the organizational
34structure and duties of the renamed department.
35ORGANIZATION — GENERAL PROVISIONS. Code section 7E.5,
-1546-1listing the principal departments of state government, is
2amended to reflect the change of DIA to DIAL and to reflect
3that the duties of the department include licensing, and laws
4related to employment safety, labor standards, and workers’
5compensation.
6Code chapter 10A, governing the department, is amended to
7reflect the expanded duties of the department as provided in
8the bill. The organizational structure of the department is
9amended to eliminate the investigations and health facilities
10division of the department and to add a labor services and
11workers’ compensation division.
12Code section 10A.104, providing for the powers and duties
13of the director of DIAL, is amended to reflect the transfer of
14duties to the director in the bill. The bill also provides for
15a teleconference option for boards and commissions under the
16purview of DIAL relating to health-related professions.
17LABOR SERVICES. The bill transfers the labor services
18division and labor commissioner, currently under the department
19of workforce development, to DIAL, including duties of the
20division and commissioner.
21The bill provides that the labor commissioner shall
22serve at the pleasure of the governor and not for a six-year
23term. The bill also provides that current duties of the
24labor commissioner under Code chapter 87, governing workers’
25compensation, and Code chapter 88, governing occupational,
26safety, and health, are retained as duties of the labor
27commissioner under DIAL. All other current labor-related
28duties of the labor commissioner, except for duties under
29Code section 73A.21 and Code chapter 94A, are transferred to
30DIAL and the director of DIAL, and not retained by the labor
31commissioner. The bill transfers the duties of the labor
32commissioner under Code section 73A.21 concerning bidder
33preferences to the department of administrative services.
34WORKERS’ COMPENSATION. The bill transfers the workers’
35compensation services division and workers’ compensation
-1547-1commissioner, including duties of the division and
2commissioner, currently under the department of workforce
3development, to DIAL. The bill further provides that the
4workers’ compensation commissioner shall serve at the pleasure
5of the governor and not for a six-year term.
6LICENSING AND REGULATION ACTIVITIES. The division
7transfers several licensing and regulation functions of
8state government to DIAL. The licensing and regulation of
9certain fire control and building code-related activities are
10transferred from the state fire marshal and the commissioner
11of public safety to DIAL. The licensing and regulation of
12certain health-related professions are transferred from the
13department of public health to DIAL. Finally, the licensing
14and regulation of certain business and commerce-related
15professions are transferred from the department of commerce and
16the professional licensing and regulation bureau of the banking
17division of the department of commerce to DIAL.
18New Code section 10A.507 creates a licensing and regulation
19fund under the control of DIAL and provides that moneys in the
20fund are appropriated to DIAL to fulfill the administration
21and enforcement responsibilities of the department. The new
22Code section provides that moneys in the fund shall not revert
23and that interest and earnings on moneys in the fund shall be
24credited to the fund.
25Concerning fire control duties, the bill transfers several
26duties currently performed by the state fire marshal to
27DIAL and the DIAL director. Specifically, those duties of
28the state fire marshal unrelated to arson investigations
29provided in Code chapter 100 are transferred to DIAL. In
30addition, duties and responsibilities of the state fire
31marshal and department of public safety under Code chapter 100C
32concerning fire extinguishing and alarm systems contractors
33and installers, Code chapter 100D concerning fire protection
34system installation and maintenance, Code chapter 101
35concerning combustible and flammable liquids and liquefied
-1548-1gases, Code chapter 101A concerning explosive materials, and
2Code chapter 101B concerning cigarette fire safety standards,
3are transferred to DIAL and the DIAL director. Also, state
4fire marshal duties related to school infrastructure, health
5care facilities, motor fuel facilities and dispensers, elder
6group homes, assisted living programs, adult day services,
7child foster care and child care facilities, children’s
8residential facilities, board of regents, school child care
9program facilities, fireworks, and department of corrections
10institutions, are transferred to DIAL and the director of
11DIAL. Finally, Code section 12.83, providing for allocation
12of certain school infrastructure fund moneys, is amended to
13transfer the allocation to DIAL.
14Concerning state building code duties, the bill provides
15that the DIAL director, and not the commissioner of public
16safety, is the state building code commissioner and is
17responsible for those duties performed by the state building
18code commissioner. In addition, duties and responsibilities
19of the state fire marshal and department of public safety
20under Code chapter 103 concerning electricians and electrical
21contractors, are transferred to DIAL and the director of DIAL.
22Finally, the duties and responsibilities of the department of
23public health and the state fire marshal under Code chapter 105
24concerning plumbers, mechanical professionals, and contractors,
25are transferred to DIAL and the director of DIAL.
26Concerning health-related professions and other
27related duties, the bill generally transfers licensing and
28board-related duties currently under the jurisdiction of
29the department of public health to DIAL and the director of
30DIAL. The bill provides that the boards and laws relative to
31“Health-related Professions”, Title IV, subtitle 3, of the
32Code, excluding Code chapter 147, are transferred from the
33department of public health to DIAL. The bill eliminates
34the professional licensure division of the department of
35public health and provides that the DIAL director, and not
-1549-1the director of public health, shall appoint and supervise
2a full-time executive director for the board of medicine,
3the board of nursing, the dental board, and the board of
4pharmacy. Current responsibilities of the department of public
5health relating to tattooing, natural hair braiding, and lead
6abatement are also transferred to DIAL and the DIAL director.
7Concerning the licensing and regulation of certain business
8and commerce-related professions, the bill eliminates the
9professional licensing and regulation bureau of the banking
10division of the department of commerce and transfers duties
11of the bureau as well as other department of commerce duties
12to DIAL and the DIAL director. Specifically, duties and
13responsibilities of the department of commerce and bureau
14under Code chapter 542B concerning professional engineers
15and land surveyors, Code chapter 534B concerning real estate
16brokers and salespersons, Code chapter 543D concerning real
17estate appraisals and appraisers, Code chapter 543E concerning
18real estate appraisal management companies, Code chapter 544A
19concerning licensed architects, Code chapter 544B concerning
20landscape architects, and Code chapter 544C concerning
21registered interior designers, are transferred to DIAL and
22the DIAL director. Code section 546.10, concerning the
23professional licensing and regulation bureau, is amended and
24transferred to Code chapter 10A governing DIAL. The bill also
25provides that fees currently collected by the department of
26commerce and bureau related to those boards and Code chapters
27reassigned to DIAL shall be deposited in the licensing and
28regulation fund created by the bill and not the general fund of
29the state or the commerce revolving fund. Provisions governing
30the current use of fees collected in Code section 546.10 are
31amended to reflect the changes in the bill.
32ADMINISTRATIVE LAW JUDGES. The division provides that
33administrative law judges utilized for purposes of unemployment
34security, the civil rights commission, the department of
35education, special education, and board of educational
-1550-1examiners shall be administrative law judges employed by the
2division of administrative hearings of DIAL under Code chapter
310A.
4CIVIL RIGHTS COMMISSION. The division provides that the
5Iowa state civil rights commission shall be created within
6DIAL.
7CONFORMING CHANGES. The division amends the Code as
8necessary to conform to the changes provided in the division
9relative to changing the name and duties of the renamed DIAL.
10DIVISION IV — DEPARTMENT OF JUSTICE. This division of
11the bill relates to the department of justice. The bill
12eliminates the position of general counsel of the department
13of transportation and directs the attorney general to provide
14legal services for the department of transportation. The bill
15strikes a provision making certain employees of the department
16of justice and administrative law judges appointed or employed
17by the public employment relations board subject to the merit
18system.
19The bill allows the attorney general to prosecute a criminal
20proceeding without first receiving a request from a county
21attorney to act as a county attorney. The bill requires the
22attorney general to submit a report by January 15 of each year
23detailing all money settlement awards and court money awards
24that were awarded to the state of Iowa in the previous year.
25The bill changes the title of the first assistant attorney
26general to “chief deputy attorney general”. The bill repeals
27Code sections allowing the attorney general to appoint
28assistant attorneys general to perform and supervise the legal
29work of the department of revenue and the division of child
30and family services of the department of human services. The
31bill allows the attorney general to charge state governmental
32entities for the cost of performing legal services and to
33require state governmental entities to provide office space for
34an assistant attorney general or other staff providing legal
35services exclusively for that entity. The bill changes the
-1551-1circumstances under which an entity of the state may employ
2private legal counsel.
3The bill grants the attorney general exclusive jurisdiction
4to prosecute election-related crimes.
5The bill exempts all employees of the department of justice
6from Code chapter 20 (public employment relations (collective
7bargaining)). Currently, nonsupervisory employees of the
8consumer advocate division who are employed primarily for the
9purpose of performing technical analysis of nonlegal issues are
10not exempt.
11The bill eliminates the position of special assistant
12attorney general for claims and transfers the duties of the
13position to the attorney general.
14The bill strikes a provision requiring the department of
15public safety to employ an assistant attorney general.
16The bill changes certain provisions for the appointment
17and removal of the consumer advocate by the attorney general,
18including by striking a requirement that the consumer advocate
19be an attorney. The bill also provides that the attorney
20general, and not the consumer advocate, may employ attorneys
21and other employees necessary to discharge the duties of the
22consumer advocate division.
23The division takes effect upon enactment.
24DIVISION V — ECONOMIC DEVELOPMENT AUTHORITY. This division
25of the bill concerns the duties and responsibilities of
26the economic development authority and the director of the
27authority.
28CULTURAL AFFAIRS. This division of the bill transfers
29the responsibilities of the department of cultural affairs,
30including the arts division and the film office, to the
31economic development authority (authority). The division
32eliminates the department of cultural affairs and all related
33internal organizational structure under the department. The
34division makes conforming changes to Code sections 7E.5,
358A.412, 306D.2, 321.252, 404A.1, 404A.3, 404A.6, 423.3, 427.16,
-1552-1465A.2, 465B.2, and 465B.3.
2STATE HISTORIC PRESERVATION OFFICER. This division of the
3bill transfers the state historic preservation officer (SHPO),
4and all related duties of the SHPO, under the authority.
5IOWA FINANCE AUTHORITY. This division of the bill codifies
6that the director of the authority shall also serve as the
7director of the Iowa finance authority. The bill also provides
8that the director of the economic development authority shall
9serve at the pleasure of the governor and not for a four-year
10term.
11DIVISION VI — ECONOMIC DEVELOPMENT AUTHORITY — PARTNER
12STATE PROGRAM. This division of the bill codifies the partner
13state program and puts the program under the authority.
14The division takes effect upon enactment and includes an
15applicability provision relating to sister state agreements
16entered into before the effective date of the division.
17DIVISION VII — PUBLIC EMPLOYMENT RELATIONS BOARD. This
18division relates to the public employment relations board
19(PERB).
20The bill strikes language providing that when the governor
21selects members of the PERB, consideration shall be given
22to their knowledge, ability, and experience in the field
23of labor-management relations. The bill strikes language
24providing that members of the PERB shall devote full time to
25their duties. The bill additionally requires the PERB to meet
26at least quarterly and modifies language pertaining to the
27compensation of PERB members and employees.
28The bill provides for an executive director of the PERB
29appointed by and serving at the pleasure of the governor
30and subject to confirmation by the senate. In selecting
31the executive director, consideration shall be given to the
32person’s knowledge, ability, and experience in the field of
33labor-management relations. The governor shall set the salary
34of the executive director within the applicable salary range
35established by the general assembly. The bill authorizes
-1553-1the PERB to delegate its powers and duties to the executive
2director or persons employed by the PERB, as appropriate.
3The bill provides that in a petition for judicial review of
4a decision of the PERB in a contested case under Code chapter
520, the opposing party shall be named the respondent, and the
6PERB shall not be named as a respondent, notwithstanding Code
7chapter 17A, the Iowa administrative procedure Act. The bill
8provides that judicial review of agency action by the PERB
9under Code chapter 20 is not subject to Code chapter 17A. The
10bill additionally strikes language providing that the powers
11and duties of the PERB include preparing legal briefs and
12presenting oral arguments in court cases affecting the PERB.
13DIVISION VIII — DEPARTMENT OF HOMELAND SECURITY AND
14EMERGENCY MANAGEMENT. Under current law, the department
15of human services administers the disaster aid individual
16assistance grant fund and the disaster case management grant
17fund. The bill provides that the department of homeland
18security and emergency management shall administer the funds.
19The name of the disaster case management grant fund is changed
20to the disaster case advocacy grant fund.
21The bill also provides that the director of the department of
22homeland security and emergency management shall be subject to
23confirmation by the senate and shall serve at the pleasure of
24the governor.
25The bill makes conforming Code changes.
26DIVISION IX — DEPARTMENT OF VETERANS AFFAIRS. This
27division relates to the administration of veterans services and
28the transfer of responsibility for such services.
29The division requires the department of veterans affairs
30(IVA) to reimburse the auditor of state for audits and
31examinations the auditor of state conducts relating to the Iowa
32veterans home.
33The division combines the duties of the IVA director and
34the Iowa veterans home commandant into a single position
35and changes the title of the head of IVA from director to
-1554-1commandant.
2The division replaces the commission’s authority to
3supervise the commandant’s administration of operations and
4conduct of the Iowa veterans home with the authority to review
5and approve applications for distributions of moneys from the
6veterans license fee fund and the veterans trust fund.
7The division makes several conforming Code changes.
8DIVISION X — OFFICE OF DRUG CONTROL POLICY. Current law
9provides that the governor’s office of drug control policy
10shall be an independent office, located at the same location
11as the department of public safety. Administrative support
12services may be provided to the governor’s office of drug
13control policy by the department of public safety.
14The division provides that the office of drug control policy
15is established in the department of public safety. A drug
16policy director shall be appointed by the commissioner of the
17department of public safety, and the director shall direct the
18office of drug control policy.
19DIVISION XI — DEPARTMENT OF WORKFORCE DEVELOPMENT. This
20division modifies duties and responsibilities of the department
21of workforce development and includes transition provisions.
22The bill makes conforming changes to Code section 84A.5 to
23reflect the programs and responsibilities acquired by workforce
24development.
25The bill annually appropriates $250,000 to the department
26of workforce development (workforce development) for the
27development and implementation of regional industry sector
28partnerships under Code chapter 260H.
29The bill transfers administration of the statewide
30work-based learning intermediary network program under Code
31section 256.40 from the department of education to workforce
32development.
33The bill requires workforce development, rather than the
34authority, to coordinate and review the industrial new jobs
35training program under Code chapter 260E.
-1555- 1The bill transfers jobs training under Code chapter 260F
2from the authority to workforce development.
3The bill transfers the workforce development fund program
4from the authority to workforce development.
5The bill transfers the accelerated career education program
6under Code chapter 260G from the authority to workforce
7development.
8The bill transfers the older American community service
9employment program from the department on aging to workforce
10development.
11The bill transfers vocational rehabilitation under Code
12chapter 259 from the department of education to workforce
13development.
14The bill transfers the apprenticeship training program under
15Code chapter 15B from the authority to workforce development.
16The bill transfers the future ready Iowa registered
17apprenticeship development program under Code section 15C.1
18from the authority to workforce development.
19The bill transfers the future ready Iowa expanded registered
20apprenticeship opportunities program under Code section 15C.2
21from the authority to workforce development.
22The bill transfers employment agencies under Code chapter
2394A from the labor commissioner to workforce development.
24The bill transfers responsibility for reports and records
25under Code section 91.12 from the division of labor services to
26workforce development.
27The bill requires workforce development, rather than the
28department of education, and community colleges to implement
29adult education and literacy programs. The department
30of education and community colleges are still required to
31implement adult education under Code section 260C.50.
32DIVISION XII — DEPARTMENT OF REVENUE. This division of the
33bill transfers the Iowa lottery authority and the duties of the
34alcoholic beverages division of the department of commerce to
35the department of revenue.
-1556- 1IOWA LOTTERY. The division eliminates the Iowa lottery
2authority and transfers authority for operating the Iowa
3lottery to the department of revenue and the director of
4the department of revenue. The position of chief executive
5officer of the lottery authority is replaced by a lottery
6administrator, with modified duties, and the duties and powers
7of the lottery board are modified.
8The bill provides for a lottery administrator, instead of
9a chief executive officer, who shall direct the day-to-day
10operations of the lottery as specified by the department of
11revenue and director. The lottery administrator shall be
12appointed by the governor, confirmed by the senate, and shall
13serve at the pleasure of the governor. Under current law, the
14chief executive officer is appointed by the governor for a
15four-year term and shall only be removed from office for cause.
16Compensation of the lottery administrator shall be set by the
17governor. The division also transfers all duties and powers
18of the chief executive officer of the Iowa lottery under Code
19chapter 99G to the director of revenue, to include those duties
20and powers specified in Code sections 99G.6 and 99G.7.
21The duties of the board of directors of the Iowa lottery
22as specified in Code sections 99G.8 and 99G.9 are modified by
23the bill. The bill limits the responsibility of the board
24to providing the director of revenue with private-sector
25perspectives of a large marketing enterprise and adopting
26lottery game-specific rules. Current duties of the board
27relating to the administration of the Iowa lottery, approval of
28a budget, approving major lottery procurements, and adopting
29administrative rules are transferred to the department of
30revenue.
31Code section 99G.10, concerning personnel of the Iowa
32lottery, is amended. The power to designate particular
33employees as key personnel is transferred from the chief
34executive officer to the director of revenue and the power of
35the chief executive officer and the board to determine the
-1557-1number of full-time equivalent positions necessary to carry out
2the provisions of Code chapter 99G is eliminated. The bill
3also eliminates the ability to establish incentive programs for
4employees.
5Code section 99G.40, concerning audits and reports, is
6amended. The provision requiring the chief executive officer
7to submit an informational budget for the lottery authority is
8amended. In addition, provisions governing the audit of the
9lottery authority are modified to reflect that any audit will
10be done as a part of an audit of the department of revenue.
11The division includes a transition provision governing
12the transfer of all rights and authority of the Iowa lottery
13authority to the department of revenue on July 1, 2023.
14The provision transfers lottery authority employees to the
15department of revenue and provides that the chief executive
16officer on the date of the transfer shall become the lottery
17administrator without requirement of reappointment by the
18governor. The transition provision also provides that the
19department of revenue shall take such steps as is necessary
20to effectuate the transfer of the lottery authority to the
21department.
22ALCOHOLIC BEVERAGE CONTROL. The division eliminates the
23alcoholic beverages division of the department of commerce and
24transfers authority over the duties of the alcoholic beverages
25division to the department of revenue and the director of the
26department.
27The bill eliminates the position of administrator of the
28alcoholic beverages division and transfers those duties of the
29administrator to the director of revenue.
30The bill also modifies the duties of the alcoholic beverages
31commission and renames the commission as the alcoholic
32beverages council. The bill provides that the council shall
33act in an advisory capacity only to the department of revenue
34and director with the ability to advise and review actions of
35the director. Current duties of the commission to act as a
-1558-1policy-making body for the alcoholic beverages division, to
2affirm, reverse, or amend all actions of the administrator
3of the division, and to prepare an annual report concerning
4the division are eliminated. Instead, the bill transfers
5this authority and responsibility currently exercised by the
6commission to the department of revenue.
7CONFORMING CHANGES. Code section 7E.5, describing the
8responsibilities of the department of revenue, is amended to
9reflect the new duties of the department under the division.
10In addition, Code section 421.17, concerning the powers and
11duties of the director of revenue, is amended to reflect the
12new duties of the director under the division.
13DIVISION XIII — DEPARTMENT FOR THE BLIND. This division
14provides that the director of the department of the blind shall
15be appointed by the governor, subject to confirmation by the
16senate, and shall serve at the pleasure of the governor. The
17bill provides that the salary of the director shall be set by
18the governor within the applicable salary range established by
19the general assembly. The bill also eliminates the authority
20for the commission for the blind to appoint officers for the
21commission.
22DIVISION XIV — DEPARTMENT OF EDUCATION. This division
23transfers the responsibilities of several governmental entities
24to the department of education.
25IOWA BRAILLE AND SIGHT SAVING SCHOOL AND IOWA SCHOOL FOR
26THE DEAF. Current law establishes the Iowa braille and sight
27saving school and the Iowa school for the deaf within the state
28board of regents and requires the board of regents to govern
29the operations of these schools. The bill transfers the Iowa
30braille and sight saving school and the Iowa school for the
31deaf from the board of regents to the department of education.
32The bill makes conforming changes. The bill establishes the
33responsibilities of the department with respect to the Iowa
34braille and sight saving school and the Iowa school for the
35deaf. The bill includes transition provisions.
-1559- 1Current law prohibits the board of regents from merging
2the Iowa school for the deaf with the Iowa braille and sight
3saving school, or closing either of the schools, until certain
4requirements are met. The bill repeals this provision.
5INNOVATION DIVISION. Current Code section 268.7 establishes
6the science, technology, engineering, and mathematics
7collaborative initiative (STEM initiative) at the university of
8northern Iowa. The bill creates the innovation division of the
9department of education and transfers the STEM initiative from
10the university of northern Iowa to the innovation division.
11The bill provides that the chief administrative officer of
12the innovation division is the administrator, who is appointed
13by the director of the department. The bill establishes the
14responsibilities of the administrator and the innovation
15division.
16Subject to an appropriation of moneys, the bill requires
17the innovation division to administer six regional science,
18technology, engineering, and mathematics networks for Iowa.
19Oversight for these networks is provided by a regional advisory
20board, the members of which are appointed by the governor.
21The bill authorizes the state board of education to adopt
22rules to administer the STEM initiative. The bill includes
23transition provisions.
24HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES.
25 Current Code section 256.1 establishes that the department of
26education is to act in a policymaking and advisory capacity
27and to exercise general supervision over the state system
28of education, including certain specified areas. The bill
29provides that the department is to act in a policymaking and
30advisory capacity and to exercise general supervision over
31the Iowa braille and sight saving school, Iowa school for the
32deaf, STEM initiative, college student aid commission, board of
33educational examiners, and the career and technical education
34programs offered by school districts or community colleges.
35The bill establishes the higher education division
-1560-1within the department. The bill provides that the chief
2administrative officer of the higher education division is
3the administrator, who is appointed by the director of the
4department.
5The bill establishes all of the following within the higher
6education division: the career and technical education bureau,
7the board of educational examiners, the college student aid
8commission, and the community colleges bureau. The bill
9requires the administrator of the higher education division to
10administer and coordinate all of these bureaus, boards, and
11commissions and to hire and control the personnel employed by
12the division, including the personnel under the control of
13the board of educational examiners or the college student aid
14commission, along with providing for other responsibilities.
15Current Code sections 256.7 (duties of the state board of
16education) and 256.9 (duties of the director of the department
17of education) authorize the state board of education and the
18director to exercise broad authority over the operations of
19the department, except with respect to the college student aid
20commission, the commission of libraries and division of library
21services, and the public broadcasting board and division.
22The bill modifies these Code sections to authorize the state
23board and the director to exercise broad authority over the
24operations of the department, except with respect to the higher
25education division; the bureaus, boards, and commissions within
26the higher education division; the commission of libraries and
27division of library services; and the public broadcasting board
28and division.
29CAREER AND TECHNICAL EDUCATION BUREAU. Current Code chapter
30258 establishes the career and technical education program
31within the department of education. Current law requires the
32director of the department to appoint and direct the work of
33personnel as necessary to carry out Code chapter 258.
34The bill modifies provisions related to the career and
35technical education program to transfer the program to
-1561-1the career and technical education bureau, which the bill
2establishes within the higher education division of the
3department. The bill requires the director of the department
4to appoint the bureau chief of the career and technical
5education bureau. The bill tasks the bureau chief with
6directing the work of personnel as necessary to carry out the
7responsibilities of the career and technical education program.
8The bill makes conforming changes.
9The bill authorizes the state board of education to adopt
10emergency rules to implement the provisions of the division
11pertaining to the career and technical education bureau. The
12bill includes transition provisions.
13BOARD OF EDUCATIONAL EXAMINERS. Current Code chapter 272
14creates the board of educational examiners. The bill transfers
15the board to the purview of the higher education division
16of the department of education. The bill makes conforming
17changes.
18Current law provides that the governor shall appoint an
19executive director of the board, subject to confirmation by
20the senate, who shall serve at the pleasure of the governor.
21Current law also provides that the board shall set the salary
22of the executive director within the range established by
23the general assembly. The bill modifies these provisions to
24provide that the director of the department of education shall
25appoint the executive director of the board and the director
26shall set the salary of the executive director. This provision
27applies to individuals appointed as the executive director
28of the board before, on, or after the effective date of the
29division.
30The bill includes transition provisions.
31COLLEGE STUDENT AID COMMISSION. Current Code chapter 261
32creates the college student aid commission. The bill transfers
33the commission to the purview of the higher education division
34of the department of education. The bill makes conforming
35changes.
-1562- 1Current law provides that the commission is an autonomous
2state agency that is attached to the department of education
3for organizational purposes only. The bill strikes this
4provision. Current law also provides that the commission shall
5determine its own organization, draw up its own bylaws, adopt
6rules under Code chapter 17A, and do such other things as may
7be necessary to carry out its responsibilities. The bill
8modifies this provision to provide that the commission may draw
9up its own bylaws, adopt rules, and do other such things as
10may be necessary to carry out its responsibilities under the
11authority of the higher education division of the department.
12The bill provides that the director of the department
13of education shall appoint an executive director of the
14commission. The bill requires the director to set the
15salary of the executive director. This provision applies
16to individuals appointed as the executive director of the
17commission before, on, or after the effective date of the
18division.
19The bill includes transition provisions.
20COMMUNITY COLLEGES BUREAU. Current law establishes a
21community colleges division within the department of education.
22Current law requires the community college division to exercise
23the powers conferred upon the department with respect to
24community colleges. The bill modifies these provisions to
25transfer the responsibility to govern certain aspects of
26community colleges to the community colleges bureau, which the
27bill establishes within the higher education division of the
28department.
29The bill requires the director of the department of
30education to appoint the bureau chief of the community colleges
31bureau. The bill tasks the bureau chief with directing the
32work of personnel as necessary to carry out Code chapter 260C
33(community colleges). The bill makes conforming changes.
34DIVISION XV — COMMERCE. This division concerns the current
35organization of the department of commerce. The division
-1563-1renames the department and modifies provisions relating to the
2office of the consumer advocate, the Iowa utilities board, and
3the renamed department.
4CONSUMER ADVOCATE. The bill provides that the office of
5the consumer advocate shall be administratively supported by
6the utilities board. Current law provides that administrative
7support services are provided by the department of commerce.
8IOWA UTILITIES BOARD. The bill provides that the utilities
9division of the department of commerce shall be removed as
10a division of the department and function as a stand-alone
11board. The utilities board shall continue to participate in
12the commerce revolving fund.
13DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES. The bill
14provides that the department of commerce shall be renamed
15the department of insurance and financial services. The
16department shall contain the insurance division, the banking
17division, and the credit division. The bill provides that the
18insurance commissioner shall be the director of the department
19of insurance and financial services. The superintendent of
20banking and superintendent of credit unions shall report to
21the insurance commissioner. The bill also provides that the
22department of commerce revolving fund shall be renamed the
23commerce revolving fund.
24The bill provides that the superintendent of banking
25and the superintendent of credit unions shall serve at the
26pleasure of the governor and not for a four-year term. The
27bill also eliminates the provision that the superintendent of
28credit unions can only be removed from office by the governor
29for cause. Finally, the bill provides that the salary of
30the insurance commissioner, superintendent of banking, and
31superintendent of credit unions shall be set by the governor.
32The bill updates law enforcement authority under Code
33section 507E.8 to reflect the insurance commissioner’s
34responsibility to enforce laws under Code chapters 502,
35502A, 507A, 523A, 523C, 523D, and 523I, which is also the
-1564-1responsibility of the insurance commissioner.
2DIVISION XVI — DEPARTMENT OF CORRECTIONS — JUDICIAL
3DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES AND
4COMMUNITY-BASED CORRECTIONAL PROGRAMS. Current law provides
5that a judicial district of correctional services shall be
6established in each judicial district of the state which shall
7provide a community-based correctional program. Each judicial
8district of correctional services has a board of directors
9which employs a director for the district.
10The bill provides that all employees of a judicial district
11department of correctional services shall be employees of
12the department of corrections, and that the director of
13the department of corrections shall appoint, subject to the
14approval of the board of corrections, a director for each
15judicial district department of correctional services.
16The bill amends current law by providing that a district
17board of a judicial district department of correctional
18services shall be a district advisory board. Duties which were
19formerly those of the district board are transferred to the
20director.
21The bill makes conforming Code changes and includes
22transition provisions.
23DIVISION XVII — BOARD OF PAROLE. Current law provides
24that only the chairperson and vice chairperson of the board
25of parole are salaried and full-time employees. The three
26additional board members and three alternate board members are
27compensated on a per diem basis and are part-time employees.
28The bill eliminates the three alternate board members, and
29provides that all five members of the board shall be full-time,
30salaried employees.
31The bill provides that the governor shall appoint a
32chairperson and vice chairperson from the membership of the
33board who shall serve at the pleasure of the governor subject
34to senate confirmation.
35The bill includes transition provisions for the current
-1565-1board membership.
2DIVISION XVIII — SALARIES OF APPOINTED STATE OFFICERS.
3 The general assembly periodically establishes salary ranges
4for certain appointed state officers and authorizes a person
5(generally the governor) to establish the salaries of those
6officers within the ranges provided. These noncodified
7provisions remain operative until the general assembly
8subsequently passes new salary ranges. The general assembly
9last passed such provisions in 2008.
10Under the bill, the salary amounts set forth for ranges 4
11through 7 remain the same as those passed in 2008. Ranges 2
12and 3 no longer apply to any positions and are eliminated. The
13chairperson and members of the employment appeal board are
14moved from range 3 to range 4, the executive director of the
15public employment relations board is added to range 5, and the
16lottery administrator of the department of revenue is added to
17range 7.
18The following positions included in the 2008 salary ranges
19(as amended) are not included in the bill’s salary ranges,
20either because the position no longer exists under the bill
21or because the salary of the position is to be set without
22a salary range limitation: (range 2) administrator of the
23arts division of the department of cultural affairs, (range 3)
24administrator of the division of criminal and juvenile justice
25planning of the department of human rights, administrator of
26the division of community action agencies of the department of
27human rights, (range 4) director of the department of human
28rights, members of the public employment relations board,
29(range 5) director of the department of homeland security and
30emergency management, drug policy coordinator, director of the
31department of cultural affairs, director of the department
32on aging, executive director of the department of veterans
33affairs, executive director of the college student aid
34commission, administrator of the historical division of the
35department of cultural affairs, (range 6) administrator of the
-1566-1alcoholic beverages division of the department of commerce,
2director of the department of inspections and appeals,
3commandant of the Iowa veterans home, commissioner of public
4safety, commissioner of insurance, executive director of the
5Iowa finance authority, director of the department of natural
6resources, (range 7) director of the department of corrections,
7director of the department of education, director of human
8services, director of the economic development authority,
9director of transportation, director of the department of
10workforce development, director of revenue, director of public
11health, director of the department of management, and director
12of the department of administrative services.
13The bill makes corresponding Code changes. This division
14takes effect June 23, 2023.
15DIVISION XIX — BOARDS AND COMMISSIONS. The division
16establishes a boards and commissions review committee to study
17the efficiency and effectiveness of each board, council,
18commission, committee, or other similar entity of the state
19established by the Code. The committee shall consist of six
20voting members and four ex officio, nonvoting members. The
21voting members of the committee shall be composed of one staff
22member of the governor’s office, appointed by the governor,
23the administrative rules coordinator or the coordinator’s
24designee, the director of the department of management or
25the director’s designee, the director of the department of
26inspections, appeals, and licensing or the director’s designee,
27one assistant attorney general, appointed by the governor upon
28recommendation of the attorney general, and one member of the
29public, appointed by the governor. The ex officio, nonvoting
30members of the committee shall be two state representatives and
31two state senators. The bill provides that the office of the
32governor shall provide staffing for the committee. Finally,
33the bill provides that the committee shall submit a report
34containing its findings and recommendations to the governor and
35the general assembly on or before September 30, 2023.
-1567- 1DIVISION XX — MISCELLANEOUS PROVISIONS. This division
2includes a provision relating to irreconcilable amendments as
3well as transition provisions.
4The bill provides that if an amendment contained in division
5I of the bill concerning the department of health and human
6services is irreconcilable to an amendment that is made in the
7remainder of the bill, the amendment in the remainder of the
8bill, and not in division I, shall prevail.
9The bill also includes a transition provision concerning
10administrative rules, legal obligations, personnel, funds,
11litigation, boards and commissions, and signs and insignia.
12The bill provides that the transition provision in the
13division of the bill applies to the entirety of the bill to the
14extent that the transition provisions in the division are not
15inconsistent with alternative provisions specifically provided
16by law or in other divisions of the bill.
-1568-ec/jh
2functions of state government, providing for salaries of
3appointed state officers, providing for penalties, making
4appropriations, providing Code editor directives and
5transition provisions, and including applicability and
6effective date provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2DEPARTMENT OF HEALTH AND HUMAN SERVICES
3 Section 1. Section 2.56, subsection 5, Code 2023, is amended
4to read as follows:
55. The legislative services agency, in cooperation with
6the division of department of health and human services as the
7agency responsible for criminal and juvenile justice planning
8of the department of human rights, shall develop a protocol for
9analyzing the impact of the legislation on minorities.
10 Sec. 2. Section 7A.3, subsection 1, paragraph c, Code 2023,
11is amended to read as follows:
12c. Director of the department of health and human services.
13 Sec. 3. Section 7A.30, subsection 1, Code 2023, is amended
14to read as follows:
151. Each state board, commission, department, and division
16of state government and each institution under the control
17of the department of health and human services, the Iowa
18department of corrections and the state board of regents
19and each division of the state department of transportation
20are responsible for keeping a written, detailed, up-to-date
21inventory of all real and personal property belonging to the
22state and under their charge, control, and management. The
23inventories shall be in the form prescribed by the director of
24the department of administrative services.
25 Sec. 4. Section 7D.29, subsection 3, Code 2023, is amended
26to read as follows:
273. The executive council shall receive requests from the
28Iowa department of public health and human services relative
29to the purchase, storing, and distribution of vaccines and
30medication for prevention, prophylaxis, or treatment. Upon
31review and after compliance with subsection 2, the executive
32council may approve the request and may authorize payment
33of the necessary expense. The expense authorized by the
34executive council under this subsection shall be paid from the
35appropriations referred to in subsection 1.
-1-1 Sec. 5. Section 7E.5, subsection 1, Code 2023, is amended
2to read as follows:
31. The principal central departments of the executive
4branch as established by law are listed in this section for
5central reference purposes as follows:
6a. The department of management, created in section 8.4,
7which has primary responsibility for coordination of state
8policy planning, management of interagency programs, economic
9reports, and program development.
10b. The department of administrative services, created
11in section 8A.102, which has primary responsibility for the
12management and coordination of the major resources of state
13government.
14c. The department of revenue, created in section 421.2,
15which has primary responsibility for revenue collection and
16revenue law compliance.
17d. The department of inspections and appeals, created
18in section 10A.102, which has primary responsibility
19for coordinating the conducting of various inspections,
20investigations, appeals, hearings, and audits.
21e. The department of agriculture and land stewardship,
22created in section 159.2, which has primary responsibility
23for encouraging, promoting, and advancing the interests
24of agriculture and allied industries. The secretary of
25agriculture is the director of the department of agriculture
26and land stewardship.
27f. The department of commerce, created in section 546.2,
28which has primary responsibility for business and professional
29regulatory, service, and licensing functions.
30g. The economic development authority, created in section
3115.105, which has responsibility for ensuring that the
32economic development policies of the state are effectively and
33efficiently carried out.
34h. The department of workforce development, created
35in section 84A.1, which has primary responsibility for
-2-1administering the laws relating to unemployment compensation
2insurance, job placement and training, employment safety, labor
3standards, workers’ compensation, and related matters.
4i. The department of health and human services, created in
5section 217.1, which has primary responsibility for services
6to individuals to promote the well-being and the social and
7economic development of the people of the state;.
8j. The Iowa department of public health, created in chapter
9135, which has primary responsibility for supervision of public
10health programs, promotion of public hygiene and sanitation,
11treatment and prevention of substance abuse use disorder, and
12enforcement of related laws;.
13k. The department on aging, created in section 231.21,
14which has primary responsibility for leadership and program
15management for programs which serve the older individuals of
16the state; and for services relating to Latino persons, women,
17persons with disabilities, community action agencies, criminal
18and juvenile justice planning, African Americans, deaf and
19hard-of-hearing persons, persons of Asian and Pacific Islander
20heritage, and Native Americans.
21l. j. The department of cultural affairs, created in
22section 303.1, which has primary responsibility for managing
23the state’s interests in the areas of the arts, history, the
24state archives and records program, and other cultural matters.
25m. k. The department of education, created in section
26256.1, which has primary responsibility for supervising public
27education at the elementary and secondary levels and for
28supervising the community colleges.
29n. l. The department of corrections, created in section
30904.102, which has primary responsibility for corrections
31administration, corrections institutions, prison industries,
32and the development, funding, and monitoring of community-based
33corrections programs.
34o. m. The department of public safety, created in section
3580.1, which has primary responsibility for statewide law
-3-1enforcement and public safety programs that complement and
2supplement local law enforcement agencies and local inspection
3services.
4p. n. The department of public defense, created in section
529.1, which has primary responsibility for state military
6forces.
7q. o. The department of natural resources, created in
8section 455A.2, which has primary responsibility for state
9parks and forests, protecting the environment, and managing
10fish, wildlife, and land and water resources.
11r. p. The state department of transportation, created in
12section 307.2, which has primary responsibility for development
13and regulation of highway, railway, and air transportation
14throughout the state, including public transit.
15s. The department of human rights, created in section
16216A.1, which has primary responsibility for services relating
17to Latino persons, women, persons with disabilities, community
18action agencies, criminal and juvenile justice planning,
19African Americans, deaf and hard-of-hearing persons, persons of
20Asian and Pacific Islander heritage, and Native Americans.
21t. q. In the area of higher education, an agency headed by
22the state board of regents and including all the institutions
23administered by the state board of regents, which has primary
24responsibility for state involvement in higher education.
25u. r. The department for the blind, created in chapter
26216B, which has primary responsibility for services relating
27to blind persons.
28v. s. The department of veterans affairs. However, the
29commission of veterans affairs created in section 35A.2 shall
30have primary responsibility for state veterans affairs.
31w. t. The department of homeland security and emergency
32management, created in section 29C.5, which has primary
33responsibility for the administration of emergency planning
34matters, including emergency resource planning in this state,
35homeland security activities, and coordination of available
-4-1services and resources in the event of a disaster to include
2those services and resources of the federal government and
3private entities.
4 Sec. 6. Section 8.39, subsection 2, Code 2023, is amended
5to read as follows:
62. If the appropriation of a department, institution, or
7agency is insufficient to properly meet the legitimate expenses
8of the department, institution, or agency, the director, with
9the approval of the governor, may make an interdepartmental
10transfer from any other department, institution, or agency of
11the state having an appropriation in excess of its needs, of
12sufficient funds to meet that deficiency. Such transfer shall
13be to an appropriation made from the same funding source and
14within the same fiscal year. The amount of a transfer made
15from an appropriation under this subsection shall be limited
16to not more than one-tenth of one percent of the total of all
17appropriations made from the funding source of the transferred
18appropriation for the fiscal year in which the transfer is
19made. An interdepartmental transfer to an appropriation which
20is not an entitlement appropriation is not authorized when
21the general assembly is in regular session and, in addition,
22the sum of interdepartmental transfers in a fiscal year to an
23appropriation which is not an entitlement appropriation shall
24not exceed fifty percent of the amount of the appropriation
25as enacted by the general assembly. For the purposes of
26this subsection, an entitlement appropriation is a line item
27appropriation to the state public defender for indigent defense
28or to the department of health and human services for foster
29care, state supplementary assistance, or medical assistance, or
30for the family investment program.
31 Sec. 7. Section 8A.321, subsection 4, Code 2023, is amended
32to read as follows:
334. Contract, with the approval of the executive council,
34for the repair, remodeling, or, if the condition warrants,
35demolition of all buildings and grounds of the state at the
-5-1seat of government, at the state laboratories facility in
2Ankeny, and the institutions of the department of health and
3 human services and the department of corrections for which no
4specific appropriation has been made, if the cost of repair,
5remodeling, or demolition will not exceed one hundred thousand
6dollars when completed. The cost of repair projects for which
7no specific appropriation has been made shall be paid as an
8expense authorized by the executive council as provided in
9section 7D.29.
10 Sec. 8. Section 8A.362, subsection 8, Code 2023, is amended
11to read as follows:
128. All fuel used in state-assigned automobiles shall be
13purchased at cost from the various installations or garages
14of the state department of transportation, state board of
15regents, department of health and human services, or state
16motor pools throughout the state, unless the state-owned
17sources for the purchase of fuel are not reasonably accessible.
18If the director determines that state-owned sources for the
19purchase of fuel are not reasonably accessible, the director
20shall authorize the purchase of fuel from other sources. The
21director may prescribe a manner, other than the use of the
22revolving fund, in which the purchase of fuel from state-owned
23sources is charged to the state agency responsible for the
24use of the motor vehicle. The director shall prescribe the
25manner in which oil and other normal motor vehicle maintenance
26for state-owned motor vehicles may be purchased from private
27sources, if they cannot be reasonably obtained from a state
28motor pool. The director may advertise for bids and award
29contracts in accordance with competitive bidding procedures
30for items and services as provided in this subchapter for
31furnishing fuel, oil, grease, and vehicle replacement parts for
32all state-owned motor vehicles. The director and other state
33agencies, when advertising for bids for gasoline, shall also
34seek bids for ethanol blended gasoline.
35 Sec. 9. Section 8A.504, subsection 1, paragraph d,
-6-1subparagraph (1), Code 2023, is amended to read as follows:
2(1) Any debt, which is assigned to the department of health
3and human services, or which is owed to the department of
4health and human services for unpaid premiums under section
5249A.3, subsection 2, paragraph “a”, subparagraph (1), or
6which the child support recovery unit services is otherwise
7attempting to collect, or which the foster care recovery unit
8 services of the department of health and human services is
9attempting to collect on behalf of a child receiving foster
10care provided by the department of health and human services.
11 Sec. 10. Section 8A.504, subsection 2, unnumbered paragraph
121, Code 2023, is amended to read as follows:
13The collection entity shall establish and maintain a
14procedure to set off against any claim owed to a person by a
15public agency any liability of that person owed to a public
16agency, a support debt being enforced by the child support
17recovery unit services pursuant to chapter 252B, or such other
18qualifying debt. The procedure shall only apply when at the
19discretion of the director it is feasible. The procedure shall
20meet the following conditions:
21 Sec. 11. Section 8A.504, subsection 3, Code 2023, is amended
22to read as follows:
233. In the case of multiple claims to payments filed
24under this section, priority shall be given to claims filed
25by the child support recovery unit services or the foster
26care recovery unit services, next priority shall be given to
27claims filed by the clerk of the district court, next priority
28shall be given to claims filed by the college student aid
29commission, next priority shall be given to claims filed by the
30investigations division of the department of inspections and
31appeals, and last priority shall be given to claims filed by
32other public agencies. In the case of multiple claims in which
33the priority is not otherwise provided by this subsection,
34priority shall be determined in accordance with rules to be
35established by the director.
-7-1 Sec. 12. Section 8A.512, subsection 1, paragraph b,
2subparagraph (2), Code 2023, is amended to read as follows:
3(2) Claims for medical assistance payments authorized under
4chapter 249A are subject to the time limits imposed by rule
5adopted by the department of health and human services.
6 Sec. 13. Section 10A.104, subsection 2, Code 2023, is
7amended to read as follows:
82. Appoint the administrators of the divisions within
9the department and all other personnel deemed necessary for
10the administration of this chapter, except the state public
11defender, assistant state public defenders, administrator of
12the racing and gaming commission, and members of the employment
13appeal board, and administrator of the child advocacy board
14created in section 237.16. All persons appointed and employed
15in the department are covered by the provisions of chapter
168A, subchapter IV, but persons not appointed by the director
17are exempt from the merit system provisions of chapter 8A,
18subchapter IV.
19 Sec. 14. Section 10A.108, Code 2023, is amended to read as
20follows:
2110A.108 Improper health and human services entitlement
22benefits or provider payments — debt, lien, collection.
231. a. If a person refuses or neglects to repay benefits or
24provider payments inappropriately obtained from the department
25of health and human services, the amount inappropriately
26obtained, including any interest, penalty, or costs attached
27to the amount, constitutes a debt and is a lien in favor of the
28state upon all property and any rights or title to or interest
29in property, whether real or personal, belonging to the person
30for the period established in subsection 2, with the exception
31of property which is exempt from execution pursuant to chapter
32627.
33b. A lien under this section shall not attach to any amount
34of inappropriately obtained benefits or provider payments, or
35portions of the benefits or provider payments, attributable to
-8-1errors by the department of health and human services. Liens
2shall only attach to the amounts of inappropriately obtained
3benefits or provider payments or portions of the benefits or
4provider payments which were obtained due to false, misleading,
5incomplete, or inaccurate information submitted by a person in
6connection with the application for or receipt of benefits or
7provider payments.
82. a. The lien attaches at the time the notice of the
9lien is filed under subsection 3, and continues for ten years
10from that date, unless released or otherwise discharged at an
11earlier time.
12b. The lien may be extended, within ten years from the
13date of attachment, if a person files a notice with the county
14recorder or other appropriate county official of the county
15in which the property is located at the time of filing the
16extension. From the time of the filing of the notice, the lien
17period shall be extended for ten years to apply to the property
18in the county in which the notice is filed, unless released
19or otherwise discharged at an earlier time. The number of
20extensions is not limited.
21c. The director department shall discharge any lien which is
22allowed to lapse and may charge off any account and release the
23corresponding lien before the lien has lapsed if the director
24 department determines, under uniform rules prescribed by the
25director, that the account is uncollectible or collection costs
26involved would not warrant collection of the amount due.
273. To preserve the lien against subsequent mortgagees,
28purchasers, or judgment creditors, for value and without notice
29of the lien, on any property located in a county, the director
30shall file a notice of the lien with the recorder of the county
31in which the property is located at the time of filing of the
32notice.
334. The county recorder of each county shall prepare
34and maintain in the recorder’s office an index of liens of
35debts established based upon benefits or provider payments
-9-1inappropriately obtained from and owed the department of health
2and human services, containing the applicable entries specified
3in sections 558.49 and 558.52, and providing appropriate
4columns for all of the following data, under the names of
5debtors, arranged alphabetically:
6a. The name of the debtor.
7b. “State of Iowa, Department of Health and Human Services”
8as claimant.
9c. The time that the notice of the lien was filed for
10recording.
11d. The date of notice.
12e. The amount of the lien currently due.
13f. The date of the assessment.
14g. The date of satisfaction of the debt.
15h. Any extension of the time period for application of the
16lien and the date that the notice for extension was filed.
175. The recorder shall endorse on each notice of lien the day
18and time filed for recording and the document reference number,
19and shall preserve the notice. The recorder shall index the
20notice and shall record the lien in the manner provided for
21recording real estate mortgages. The lien is effective from
22the time of the indexing.
236. The department shall pay, from moneys appropriated to
24the department for this purpose, recording fees as provided in
25section 331.604, for the recording of the lien.
267. Upon payment of a debt for which the director department
27 has filed notice with a county recorder, the director
28 department shall provide to the debtor a satisfaction of
29the debt. The debtor shall be responsible for filing the
30satisfaction of the debt with the recorder and the recorder
31shall enter the satisfaction on the notice on file in the
32recorder’s office.
338. The department of inspections and appeals, as provided
34in this chapter and chapter 626, shall proceed to collect all
35debts owed the department of health and human services as soon
-10-1as practicable after the debt becomes delinquent. If service
2has not been made on a distress warrant by the officer to whom
3addressed within five days from the date the distress warrant
4was received by the officer, the authorized investigators of
5the department of inspections and appeals may serve and make
6return of the warrant to the clerk of the district court of
7the county named in the distress warrant, and all subsequent
8procedures shall be in compliance with chapter 626.
99. The distress warrant shall be in a form as prescribed
10by the director, shall be directed to the sheriff of the
11appropriate county, and shall identify the debtor, the type
12of debt, and the delinquent amount. The distress warrant
13shall direct the sheriff to distrain, seize, garnish, or levy
14upon, and sell, as provided by law, any real or personal
15property belonging to the debtor to satisfy the amount of the
16delinquency plus costs. The distress warrant shall also direct
17the sheriff to make due and prompt return to the department
18or to the district court under chapter 626 of all amounts
19collected.
2010. The attorney general, upon the request of the director
21of inspections and appeals, shall bring an action, as the facts
22may justify, without bond, to enforce payment of any debts
23under this section, and in the action the attorney general
24shall have the assistance of the county attorney of the county
25in which the action is pending.
2611. The remedies of the state shall be cumulative and no
27action taken by the director of inspections and appeals or
28attorney general shall be construed to be an election on the
29part of the state or any of its officers to pursue any remedy to
30the exclusion of any other remedy provided by law.
31 Sec. 15. Section 10A.402, subsections 4 and 5, Code 2023,
32are amended to read as follows:
334. Investigations and collections relative to the
34liquidation of overpayment debts owed to the department of
35health and human services. Collection methods include but are
-11-1not limited to small claims filings, debt setoff, distress
2warrants, and repayment agreements, and are subject to approval
3by the department of health and human services.
45. Investigations relative to the administration of the
5state supplementary assistance program, the state medical
6assistance program, the food stamp supplemental nutrition
7assistance program, the family investment program, and any
8other state or federal benefit assistance program.
9 Sec. 16. Section 11.5B, Code 2023, is amended to read as
10follows:
1111.5B Repayment of audit expenses by state departments and
12agencies.
13The auditor of state shall be reimbursed by a department
14or agency for performing audits or examinations of the
15following state departments or agencies, or funds received by
16a department or agency:
171. Department of commerce.
182. Department of health and human services.
193. State department of transportation.
204. Iowa department of public health.
215. 4. State board of regents.
226. 5. Department of agriculture and land stewardship.
237. 6. Iowa veterans home.
248. 7. Department of education.
259. 8. Department of workforce development.
2610. 9. Department of natural resources.
2711. 10. Offices of the clerks of the district court of the
28judicial branch.
2912. 11. The Iowa public employees’ retirement system.
3013. 12. Federal financial assistance, as defined in the
31federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
32all other departments.
3314. 13. Department of administrative services.
3415. 14. Office of the chief information officer of the
35department of management.
-12-1 Sec. 17. Section 11.6, subsection 1, paragraph b, Code 2023,
2is amended to read as follows:
3b. The financial condition and transactions of community
4mental health centers organized under chapter 230A, substance
5abuse use disorder programs organized under chapter 125, and
6community action agencies organized under chapter 216A, shall
7be audited at least once each year.
8 Sec. 18. Section 12.10, Code 2023, is amended to read as
9follows:
1012.10 Deposits by state officers.
11Except as otherwise provided, all elective and appointive
12state officers, boards, commissions, and departments shall,
13within ten days succeeding the collection, deposit with the
14treasurer of state, or to the credit of the treasurer of state
15in any depository designated by the treasurer of state, ninety
16percent of all fees, commissions, and moneys collected or
17received. The balance actually collected in cash, remaining
18in the hands of any officer, board, or department shall not
19exceed the sum of five thousand dollars and money collected
20shall not be held more than thirty days. This section does not
21apply to the state fair board, the state board of regents, the
22utilities board of the department of commerce, the director of
23the department of health and human services, the Iowa finance
24authority, or to the funds received by the state racing and
25gaming commission under sections 99D.7 and 99D.14.
26 Sec. 19. Section 12E.3A, subsection 1, Code 2023, is amended
27to read as follows:
281. The general assembly reaffirms and reenacts the purposes
29stated for the use of moneys deposited in the healthy Iowans
30tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
31ch.1232, §12, and codified in section 12.65, Code 2007, as
32the purposes for the endowment for Iowa’s health account.
33The purposes include those purposes related to health care,
34substance abuse use disorder treatment and enforcement, tobacco
35use prevention and control, and other purposes related to the
-13-1needs of children, adults, and families in the state.
2 Sec. 20. Section 13.6, Code 2023, is amended to read as
3follows:
413.6 Assistant for human services department of health and
5human services.
6The attorney general may appoint one assistant attorney
7general to perform and supervise the legal work of the division
8of child and family services of the department of health and
9 human services, and in such event the salary and necessary
10traveling expenses of such assistant attorney general shall be
11paid from the appropriation to said division the department,
12and upon request of the attorney general the director of the
13department of health and human services shall provide and equip
14a suitable office and the necessary secretarial assistance for
15such assistant attorney general.
16 Sec. 21. Section 15.102, subsection 12, paragraph b,
17subparagraph (1), subparagraph division (d), Code 2023, is
18amended to read as follows:
19(d) Psychoactive substance abuse use disorders resulting
20from current illegal use of drugs.
21 Sec. 22. Section 15H.1A, Code 2023, is amended to read as
22follows:
2315H.1A Definitions.
24For purposes of this chapter, unless the context otherwise
25requires:
261. “Authority” means the economic development authority
27created in section 15.105.
282. 1. “Commission” means the Iowa commission on volunteer
29service created in section 15H.2.
302. “Department” means the department of health and human
31services.
323. “Director” means the director of the authority health and
33human services.
34 Sec. 23. Section 15H.2, subsection 1, Code 2023, is amended
35to read as follows:
-14- 11. The Iowa commission on volunteer service is created
2within the authority department. The governor shall appoint
3the commission’s members. The director may employ personnel
4as necessary to carry out the duties and responsibilities of
5the commission.
6 Sec. 24. Section 15H.2, subsection 3, paragraph i, Code
72023, is amended to read as follows:
8i. Administer the retired and senior volunteer program.
9 Sec. 25. Section 15H.4, subsection 1, Code 2023, is amended
10to read as follows:
111. The authority department shall serve as the lead agency
12for administration of the commission. The authority department
13 may consult with the department of education, the state board
14of regents, and the department of workforce development for any
15additional administrative support as necessary to fulfill the
16duties of the commission. All other state agencies, at the
17request of the authority department, shall provide assistance
18to the commission to ensure a fully coordinated state effort
19for promoting national and community service.
20 Sec. 26. Section 15H.5, subsection 5, paragraph a, Code
212023, is amended to read as follows:
22a. Funding for the Iowa summer youth corps program, the
23Iowa green corps program established pursuant to section
2415H.6, the Iowa reading corps program established pursuant to
25section 15H.7, the RefugeeRISE AmeriCorps program established
26pursuant to section 15H.8, and the Iowa national service
27corps program established pursuant to section 15H.9 shall be
28obtained from private sector, and local, state, and federal
29government sources, or from other available funds credited
30to the community programs account, which shall be created
31within the economic development authority department under the
32authority of the commission. Moneys available in the account
33for a fiscal year are appropriated to the commission to be
34used for the programs. The commission may establish an escrow
35account within the authority department and obligate moneys
-15-1within that escrow account for tuition or program payments to
2be made beyond the term of any fiscal year. Notwithstanding
3section 12C.7, subsection 2, interest earned on moneys in the
4community programs account shall be credited to the account.
5Notwithstanding section 8.33, moneys in the community programs
6account or escrow account shall not revert to the general fund
7but shall remain available for expenditure in future fiscal
8years.
9 Sec. 27. Section 15H.8, Code 2023, is amended to read as
10follows:
1115H.8 RefugeeRISE AmeriCorps program.
121. a. The commission, in collaboration with the department
13of human services, shall establish a Refugee Rebuild,
14Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
15to increase community integration and engagement for diverse
16refugee communities in rural and urban areas across the state.
17b. The commission, in collaboration with the department
18of human services, may adopt rules pursuant to chapter 17A to
19implement and administer this section.
202. The commission may use moneys in and lawfully available
21to the community programs account created in section 15H.5 to
22fund the program.
233. The commission shall submit an annual report to the
24general assembly and the department of human services relating
25to the efficacy of the program.
26 Sec. 28. Section 15H.10, subsection 6, Code 2023, is amended
27to read as follows:
286. Notwithstanding section 8.33, moneys appropriated to
29the economic development authority department for allocation
30to the commission for purposes of this section that remain
31unencumbered or unobligated at the close of a fiscal year
32shall not revert but shall remain available to be used for the
33purposes designated in this section until the close of the
34succeeding fiscal year.
35 Sec. 29. Section 16.2D, subsection 1, Code 2023, is amended
-16-1to read as follows:
21. A council on homelessness is created consisting of twenty
3members, eleven of whom are voting members and nine of whom are
4nonvoting members. At all times, at least one voting member
5shall be a member of a minority group.
6 Sec. 30. Section 16.2D, subsection 2, paragraph b, Code
72023, is amended to read as follows:
8b. Nine nonvoting Nonvoting agency director members
9consisting of all of the following:
10(1) The director of the department of education or the
11director’s designee.
12(2) The director of health and human services or the
13director’s designee.
14(3) The attorney general or the attorney general’s
15designee.
16(4) The director of public health or the director’s
17designee.
18(5) The director of the department on aging or the
19director’s designee.
20(6) (4) The director of the department of corrections or
21the director’s designee.
22(7) (5) The director of the department of workforce
23development or the director’s designee.
24(8) (6) The executive director of the Iowa finance
25authority or the executive director’s designee.
26(9) (7) The director of the department of veterans affairs
27or the director’s designee.
28 Sec. 31. Section 16.3, subsection 9, Code 2023, is amended
29to read as follows:
309. The interest costs paid by group homes of fifteen beds or
31less licensed as health care facilities or child foster care
32facilities for facility acquisition and indirectly reimbursed
33by the department of health and human services through payments
34for patients at those facilities who are recipients of medical
35assistance or state supplementary assistance are severe drains
-17-1on the state’s budget. A reduction in these costs obtained
2through financing with tax-exempt revenue bonds would clearly
3be in the public interest.
4 Sec. 32. Section 16.47, subsection 3, Code 2023, is amended
5to read as follows:
63. The authority, in cooperation with the department on
7aging of health and human services, shall annually allocate
8moneys available in the home and community-based services
9revolving loan program fund to develop and expand facilities
10and infrastructure that provide adult day services, respite
11services, congregate meals, and programming space for health
12and wellness, health screening, and nutritional assessments
13that address the needs of persons with low incomes.
14 Sec. 33. Section 16.48, subsections 1 and 3, Code 2023, are
15amended to read as follows:
161. A transitional housing revolving loan program fund is
17created within the authority to further the availability of
18affordable housing for parents that are reuniting with their
19children while completing or participating in substance abuse
20 use disorder treatment. The moneys in the fund are annually
21appropriated to the authority to be used for the development
22and operation of a revolving loan program to provide financing
23to construct affordable transitional housing, including through
24new construction or acquisition and rehabilitation of existing
25housing. The housing provided shall be geographically located
26in close proximity to licensed substance abuse use disorder
27 treatment programs. Preference in funding shall be given to
28projects that reunite mothers with the mothers’ children.
293. The authority shall annually allocate moneys available
30in the transitional housing revolving loan program fund for the
31development of affordable transitional housing for parents that
32are reuniting with the parents’ children while completing or
33participating in substance abuse use disorder treatment. The
34authority shall develop a joint application process for the
35allocation of federal low-income housing tax credits and the
-18-1funds available under this section. Moneys allocated to such
2projects may be in the form of loans, grants, or a combination
3of loans and grants.
4 Sec. 34. Section 16.49, subsection 4, Code 2023, is amended
5to read as follows:
64. a. A project shall demonstrate written approval of the
7project by the department of health and human services to the
8authority prior to application for funding under this section.
9b. In order to be approved by the department of health and
10 human services for application for funding for development of
11permanent supportive housing under this section, a project
12shall include all of the following components:
13(1) Provision of services to any of the following Medicaid
14waiver-eligible individuals:
15(a) Individuals who are currently underserved in community
16placements, including individuals who are physically aggressive
17or have behaviors that are difficult to manage or individuals
18who meet the psychiatric medical institution for children level
19of care.
20(b) Individuals who are currently residing in out-of-state
21facilities.
22(c) Individuals who are currently receiving care in a
23licensed health care facility.
24(2) A plan to provide each individual with crisis
25stabilization services to ensure that the individual’s
26behavioral issues are appropriately addressed by the provider.
27(3) Policies and procedures that prohibit discharge of the
28individual from the waiver services provided by the project
29provider unless an alternative placement that is acceptable to
30the client or the client’s guardian is identified.
31c. In order to be approved by the department of health and
32 human services for application for funding for development of
33infrastructure in which to provide supportive services under
34this section, a project shall include all of the following
35components:
-19- 1(1) Provision of services to Medicaid waiver-eligible
2individuals who meet the psychiatric medical institution for
3children level of care.
4(2) Policies and procedures that prohibit discharge of the
5individual from the waiver services provided by the project
6provider unless an alternative placement that is acceptable to
7the client or the client’s guardian is identified.
8d. Housing provided through a project under this section is
9exempt from the requirements of chapter 135O.
10 Sec. 35. Section 22.7, subsections 2, 16, 35, 61, and 62,
11Code 2023, are amended to read as follows:
122. Hospital records, medical records, and professional
13counselor records of the condition, diagnosis, care, or
14treatment of a patient or former patient or a counselee or
15former counselee, including outpatient. However, confidential
16communications between a crime victim and the victim’s
17counselor are not subject to disclosure except as provided in
18section 915.20A. However, the Iowa department of public health
19and human services shall adopt rules which provide for the
20sharing of information among agencies and providers concerning
21the maternal and child health program including but not limited
22to the statewide child immunization information system, while
23maintaining an individual’s confidentiality.
2416. Information in a report to the Iowa department of public
25 health and human services, to a local board of health, or to
26a local health department, which identifies a person infected
27with a reportable disease.
2835. Records of the Iowa department of public health and
29human services pertaining to participants in the gambling
30treatment program except as otherwise provided in this chapter.
3161. Records of the department on aging of health and human
32services pertaining to clients served by the state office or a
33local office of public guardian as defined in section 231E.3.
3462. Records maintained by the department on aging of health
35and human services or office of long-term care ombudsman that
-20-1disclose the identity of a complainant, resident, tenant, or
2individual receiving services provided by the department on
3aging of health and human services, an area agency on aging,
4or the office of long-term care ombudsman, unless disclosure
5is otherwise allowed under section 231.42, subsection 12,
6paragraph “a”.
7 Sec. 36. Section 23A.2, subsection 10, paragraph l,
8unnumbered paragraph 1, Code 2023, is amended to read as
9follows:
10The offering of goods and services to the public as part
11of a client training program operated by a state resource
12center under the control of the department of health and human
13services provided that all of the following conditions are met:
14 Sec. 37. Section 23A.2, subsection 10, paragraph l,
15subparagraph (1), Code 2023, is amended to read as follows:
16(1) Any off-campus vocational or employment training
17program developed or operated by the department of health and
18 human services for clients of a state resource center is a
19supported vocational training program or a supported employment
20program offered by a community-based provider of services or
21other employer in the community.
22 Sec. 38. Section 28M.1, subsection 7, Code 2023, is amended
23to read as follows:
247. “Transportation” means the movement of individuals in
25a four or more wheeled motorized vehicle designed to carry
26passengers, including a car, van, or bus, or the carrying
27of individuals upon cars operated upon stationary rails,
28between one geographic point and another geographic point.
29“Transportation” does not include emergency or incidental
30transportation or transportation conducted by the department of
31health and human services at its institutions.
32 Sec. 39. Section 29C.20A, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34The grant funds shall be administered by the department of
35health and human services. The department shall adopt rules
-21-1to create the Iowa disaster aid individual assistance grant
2program. The rules shall specify the eligibility of applicants
3and eligible items for grant funding. The executive council
4shall use grant funds to reimburse the department of health
5and human services for its actual expenses associated with
6the administration of the grants. The department of health
7and human services may implement an ongoing contract with a
8provider or providers of a statewide program with local offices
9throughout the state to serve as the local administrative
10entity for the grant program so that the program can be
11implemented with minimal delay when a disaster occurs in a
12local area. The rules adopted by the department of health
13and human services for the program shall include but are not
14limited to all of the following:
15 Sec. 40. Section 29C.20A, subsections 4 and 5, Code 2023,
16are amended to read as follows:
174. A recipient of grant funding shall receive reimbursement
18for expenses upon presenting a receipt for an eligible expense
19or shall receive a voucher through a voucher system developed
20by the department of health and human services and administered
21locally within the designated disaster area. A voucher system
22shall ensure sufficient data collection to discourage and
23prevent fraud. The department shall consult with long-term
24disaster recovery committees and disaster recovery case
25management committees in developing a voucher system.
265. The department of health and human services shall submit
27an annual report, by January 1 of each year, to the legislative
28fiscal committee and the general assembly’s standing committees
29on government oversight concerning the activities of the grant
30program in the previous fiscal year.
31 Sec. 41. Section 29C.20B, Code 2023, is amended to read as
32follows:
3329C.20B Disaster case management grant fund and program.
341. a. A disaster case management grant fund is created
35in the state treasury for the use of the executive council.
-22-1Moneys in the fund shall be expended if grants are awarded
2pursuant to section 29C.20A following the governor’s
3proclamation of a state of disaster emergency or the
4declaration of a major disaster by the president of the United
5States.
6b. The executive council may make financial grants to meet
7disaster-related case management needs of disaster-affected
8individuals. The aggregate total of grants awarded shall
9not be more than one million dollars during a fiscal year.
10However, within the same fiscal year, additional funds may
11be specifically authorized by the executive council to meet
12additional needs. Upon request of the department of health and
13 human services, the executive council may make available up to
14one hundred thousand dollars, or so much as is necessary, for
15contract entity staff support and case management training.
16c. The department of health and human services shall
17work with the department of homeland security and emergency
18management and, as selected by the department of health and
19 human services, a representative of nonprofit, voluntary,
20and faith-based organizations active in disaster recovery
21and response to establish a statewide system of disaster
22case management to be activated following the governor’s
23proclamation of a disaster emergency or the declaration of
24a major disaster by the president of the United States for
25individual assistance purposes.
262. The department of health and human services shall
27administer disaster case management grants. The department of
28health and human services, in conjunction with the department
29of homeland security and emergency management, shall establish
30a disaster case management program and adopt rules pursuant to
31chapter 17A necessary to administer the program. The executive
32council shall use grant moneys to reimburse the department
33of health and human services for actual expenses associated
34with the administration of the grants. Under the program, the
35department of health and human services shall coordinate case
-23-1management services locally through one or more contracted
2entities. The department of health and human services shall
3implement an ongoing contract with a provider of a statewide
4program with local offices throughout the state to serve as
5the local administrative entity for the grant program to allow
6implementation of the program with minimal delay if grants are
7awarded pursuant to section 29C.20A following a governor’s
8proclamation of a state of disaster emergency or a declaration
9of a major disaster by the president of the United States.
103. The department of health and human services, in
11conjunction with the department of homeland security and
12emergency management and a representative of the Iowa voluntary
13organizations active in disaster, shall adopt rules pursuant to
14chapter 17A to create coordination mechanisms and standards for
15the establishment and implementation of a statewide system of
16disaster case management. The rules adopted by the department
17of health and human services for the program shall include but
18are not limited to all of the following:
19a. If a local administrative entity is under contract with
20the state to provide other services or is implementing a state
21or federal program and the contract contains a sufficient
22surety bond or other adequate financial responsibility
23provisions, the department shall accept the existing surety
24bond or financial responsibility provisions in lieu of applying
25a new or additional surety bond or financial responsibility
26requirement.
27b. Authorization for the local administrative entity to draw
28down grant funding to pay valid claims on at least a weekly
29basis.
30c. Disaster case management standards.
31d. Disaster case management policies.
32e. Reporting requirements.
33f. Eligibility criteria.
34g. Coordination mechanisms necessary to carry out the
35services provided.
-24- 1h. Development of formal working relationships with agencies
2and creation of interagency agreements for those considered to
3provide disaster case management services.
4i. Establishment of nonduplication of benefits policies and
5mechanisms for the exchange of information between agencies to
6ensure compliance with the federal Health Insurance Portability
7and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
81936 (1996).
9j. Referral to all known available services for individuals
10from multiple agencies in coordinated service locations.
114. By January 1 of each year, the department of health
12and human services shall submit an annual written report to
13the legislative fiscal committee and the general assembly’s
14standing committees on government oversight concerning the
15activities of the grant program during the previous fiscal
16year.
17 Sec. 42. Section 35A.5, subsection 5, paragraph a, Code
182023, is amended to read as follows:
19a. Coordinate with United States department of veterans
20affairs hospitals, health care facilities, and clinics in this
21state and the department of public health and human services
22 to provide assistance to veterans and their families to reduce
23the incidence of alcohol and chemical dependency and suicide
24among veterans and to make mental health counseling available
25to veterans.
26 Sec. 43. Section 35D.14A, Code 2023, is amended to read as
27follows:
2835D.14A Volunteer record checks.
291. Persons who are potential volunteers or volunteers in
30the Iowa veterans home in a position having direct individual
31contact with patients or residents of the home shall be subject
32to criminal history and child and dependent adult abuse record
33checks in accordance with this section. The Iowa veterans home
34shall request that the department of public safety perform the
35criminal history check and the record check evaluation system
-25-1of the department of health and human services perform child
2and dependent adult abuse record checks of the person in this
3state and may request these checks in other states.
42. a. If it is determined that a person has been convicted
5of a crime under a law of any state or has a record of
6founded child or dependent adult abuse, the person shall not
7participate as a volunteer with direct individual contact
8with patients or residents of the Iowa veterans home unless
9an evaluation has been performed by the department of human
10services record check evaluation system to determine whether
11the crime or founded child or dependent adult abuse warrants
12prohibition of the person’s participation as a volunteer in the
13Iowa veterans home. The department of human services record
14check evaluation system shall perform such evaluation upon the
15request of the Iowa veterans home.
16b. In an evaluation, the department of human services
17 record check evaluation system shall consider the nature and
18seriousness of the crime or founded child or dependent adult
19abuse in relation to the position sought or held, the time
20elapsed since the commission of the crime or founded child or
21dependent adult abuse, the circumstances under which the crime
22or founded child or dependent adult abuse was committed, the
23degree of rehabilitation, the likelihood that the person will
24commit the crime or founded child or dependent adult abuse
25again, and the number of crimes or founded child or dependent
26adult abuses committed by the person involved.
27c. If the department of human services record check
28evaluation system performs an evaluation for the purposes of
29this section, the department of human services record check
30evaluation system has final authority in determining whether
31prohibition of the person’s participation as a volunteer is
32warranted. The department of human services record check
33evaluation system may permit a person who is evaluated to
34participate as a volunteer if the person complies with the
35department’s record check evaluation system’s conditions
-26-1relating to participation as a volunteer which may include
2completion of additional training.
3 Sec. 44. Section 47.7, subsection 2, paragraph a, Code 2023,
4is amended to read as follows:
5a. On or before January 1, 2006, the state registrar of
6voters shall implement in a uniform and nondiscriminatory
7manner, a single, uniform, official, centralized, interactive
8computerized statewide voter registration file defined,
9maintained, and administered at the state level that contains
10the name and registration information of every legally
11registered voter in the state and assigns a unique identifier
12to each legally registered voter in the state. The state voter
13registration system shall be coordinated with other agency
14databases within the state, including, but not limited to,
15state department of transportation driver’s license records,
16judicial records of convicted felons and persons declared
17incompetent to vote, and Iowa department of public health and
18human services records of deceased persons.
19 Sec. 45. Section 48A.19, subsection 1, Code 2023, is amended
20to read as follows:
211. The following state agencies are responsible for voter
22registration:
23a. All state offices that have direct client contact and
24provide applications for public assistance, including but not
25limited to offices administering the following programs:
26(1) Food stamps The supplemental nutrition assistance
27program.
28(2) Medical The medical assistance program under chapter
29249A.
30(3) Iowa The Iowa family investment program.
31(4) Special The special supplemental nutrition program for
32women, infants, and children.
33b. (1) All offices that provide state-funded programs
34primarily engaged in providing services to persons with
35disabilities, including but not limited to all of the
-27-1following:
2(a) Department for the blind.
3(b) Division of vocational rehabilitation services of the
4department of education.
5(c) Office of deaf services of the department of health and
6 human rights services or its successor agency.
7(d) Office of persons with disabilities of the department of
8health and human rights services or its successor agency.
9(2) An agency designated a voter registration agency
10under this paragraph which provides services to persons with
11disabilities in their homes shall provide voter registration
12services at the clients’ homes.
13c. Other federal and state agencies designated to provide
14voter registration services include, but are not limited to,
15the United States armed forces recruiting offices.
16 Sec. 46. Section 48A.31, Code 2023, is amended to read as
17follows:
1848A.31 Deceased persons record.
19The state registrar of vital statistics shall transmit
20or cause to be transmitted to the state registrar of voters,
21once each calendar quarter, a certified list of all persons
22seventeen years of age and older in the state whose deaths have
23been reported to the bureau state registrar of vital records
24of the Iowa department of public health statistics since the
25previous list of decedents was certified to the state registrar
26of voters. The list shall be submitted according to the
27specifications of the state registrar of voters and shall be
28transmitted to the state registrar of voters without charge
29for production or transmission. The commissioner shall, in
30the month following the end of a calendar quarter, run the
31statewide voter registration system’s matching program to
32determine whether a listed decedent was registered to vote in
33the county and shall immediately cancel the registration of any
34person named on the list of decedents.
35 Sec. 47. Section 68B.2, subsection 23, Code 2023, is amended
-28-1to read as follows:
223. “Regulatory agency” means the department of agriculture
3and land stewardship, department of workforce development,
4department of commerce, Iowa department of public health,
5 department of public safety, department of education, state
6board of regents, department of health and human services,
7department of revenue, department of inspections and appeals,
8department of administrative services, public employment
9relations board, state department of transportation, civil
10rights commission, department of public defense, department of
11homeland security and emergency management, Iowa ethics and
12campaign disclosure board, and department of natural resources.
13 Sec. 48. Section 80.9B, subsections 3 and 7, Code 2023, are
14amended to read as follows:
153. The provisions of chapter 141A also do not apply to
16the transmission of the same information from either or
17both information systems to employees of state correctional
18institutions subject to the jurisdiction of the department
19of corrections, employees of secure facilities for juveniles
20subject to the jurisdiction of the department of health and
21 human services, and employees of city and county jails, if
22those employees have direct physical supervision over inmates
23of those facilities or institutions.
247. The commissioner shall develop and establish, in
25cooperation with the department of corrections and the
26department of public health and human services, training
27programs and program criteria for persons receiving human
28immunodeficiency virus-related information through the Iowa
29criminal justice information system or the national crime
30information center system.
31 Sec. 49. Section 80.28, subsection 2, paragraph a,
32subparagraph (6), Code 2023, is amended to read as follows:
33(6) One member representing the Iowa department of public
34 health and human services.
35 Sec. 50. Section 80B.11C, Code 2023, is amended to read as
-29-1follows:
280B.11C Public safety telecommunicator training standards.
3The director of the academy, subject to the approval of
4the council, in consultation with the Iowa state sheriffs’
5and deputies’ association, the Iowa police executive forum,
6the Iowa peace officers association, the Iowa state police
7association, the Iowa professional fire fighters, the Iowa
8emergency medical services association, the joint council of
9Iowa fire service organizations, the Iowa department of public
10safety, the Iowa chapter of the association of public-safety
11communications officials—international, inc., the Iowa chapter
12of the national emergency number association, the department
13of homeland security and emergency management, and the Iowa
14 department of public health and human services, shall adopt
15rules pursuant to chapter 17A establishing minimum standards
16for training of public safety telecommunicators. “Public
17safety telecommunicator” means a person who serves as a first
18responder by receiving requests for, or by dispatching requests
19to, emergency response agencies which include but are not
20limited to law enforcement, fire, rescue, and emergency medical
21services agencies.
22 Sec. 51. Section 80E.1, Code 2023, is amended to read as
23follows:
2480E.1 Drug policy coordinator.
251. A drug policy coordinator shall be appointed by the
26governor, subject to confirmation by the senate, and shall
27serve at the pleasure of the governor. The governor shall fill
28a vacancy in the office in the same manner as the original
29appointment was made. The coordinator shall be selected
30primarily for administrative ability. The coordinator shall
31not be selected on the basis of political affiliation and shall
32not engage in political activity while holding the office. The
33salary of the coordinator shall be fixed by the governor.
342. The coordinator shall:
35a. Direct the governor’s office of drug control policy,
-30-1and coordinate and monitor all statewide drug enforcement
2efforts, coordinate and monitor all state and federal substance
3use disorder treatment grants and programs, coordinate and
4monitor all statewide substance abuse use disorder prevention
5and education programs in communities and schools, and engage
6in such other related activities as required by law. The
7coordinator shall work in coordinating the efforts of the
8department of corrections, the department of education, the
9Iowa department of public health, the department of public
10safety, and the department of health and human services. The
11coordinator shall assist in the development and implementation
12of local and community strategies to fight substance abuse
13 use disorder, including local law enforcement, education, and
14treatment activities.
15b. Submit an annual report to the governor and general
16assembly by November 1 of each year concerning the activities
17and programs of the coordinator and other departments related
18to drug enforcement, substance use disorder treatment programs,
19and substance abuse use disorder prevention and education
20programs. The report shall include an assessment of needs with
21respect to programs related to substance use disorder treatment
22and drug enforcement.
23c. Submit an advisory budget recommendation to the governor
24and general assembly concerning enforcement programs, treatment
25programs, and education programs related to drugs within the
26various departments. The coordinator shall work with these
27departments in developing the departmental budget requests to
28be submitted to the legislative services agency and the general
29assembly.
303. The governor’s office of drug control policy shall be
31an independent office, located at the same location as the
32department of public safety. Administrative support services
33may be provided to the governor’s office of drug control policy
34by the department of public safety.
35 Sec. 52. Section 80E.2, Code 2023, is amended to read as
-31-1follows:
280E.2 Drug policy advisory council — membership — duties.
31. An Iowa drug policy advisory council is established which
4shall consist of the following seventeen members:
5a. The drug policy coordinator, who shall serve as
6chairperson of the council.
7b. The director of the department of corrections, or the
8director’s designee.
9c. The director of the department of education, or the
10director’s designee.
11d. The director of the department of public health and human
12services, or the director’s designee.
13e. The commissioner of public safety, or the commissioner’s
14designee.
15f. The director of the department of human services, or the
16director’s designee.
17g. The director of the division of criminal and juvenile
18justice planning in the department of human rights, or the
19division director’s designee.
20h. f. The state public defender, or the state public
21defender’s designee.
22i. g. A prosecuting attorney.
23j. h. A certified alcohol and drug counselor.
24k. i. A certified substance abuse use disorder prevention
25specialist.
26l. j. A substance use disorder treatment program director.
27m. k. A justice of the Iowa supreme court, or judge, as
28designated by the chief justice of the supreme court.
29n. l. A member representing the Iowa peace officers
30association.
31o. m. A member representing the Iowa state police
32association.
33p. n. A member representing the Iowa state sheriffs’ and
34deputies’ association.
35q. o. A police chief.
-32- 12. The prosecuting attorney, certified alcohol and drug
2counselor, certified substance abuse use disorder prevention
3specialist, substance use disorder treatment program director,
4member representing the Iowa peace officers association,
5member representing the Iowa state police association, the
6member representing the Iowa state sheriffs’ and deputies’
7association, and the member who is a police chief shall be
8appointed by the governor, subject to senate confirmation, for
9four-year terms beginning and ending as provided in section
1069.19. A vacancy on the council shall be filled for the
11unexpired term in the same manner as the original appointment
12was made.
133. The council shall make policy recommendations to
14the appropriate departments concerning the administration,
15development, and coordination of programs related to substance
16abuse use disorder education, prevention, treatment, and
17enforcement.
184. The members of the council shall be reimbursed for actual
19and necessary travel and related expenses incurred in the
20discharge of official duties. Each member of the council may
21also be eligible to receive compensation as provided in section
227E.6.
235. The council shall meet at least semiannually throughout
24the year.
256. A majority of the members of the council constitutes a
26quorum, and a majority of the total membership of the council
27is necessary to act in any matter within the jurisdiction of
28the council.
29 Sec. 53. Section 80E.4, Code 2023, is amended to read as
30follows:
3180E.4 Drug abuse resistance Substance use disorder education
32fund.
33A drug abuse resistance substance use disorder education
34fund is created as a separate fund in the state treasury under
35the control of the governor’s office of drug control policy
-33-1for use by the drug abuse resistance substance use disorder
2 education program and other programs with a similar purpose.
3The fund shall consist of appropriations made to the fund and
4transfers of interest, moneys collected from the crime services
5surcharge established in section 911.1, and earnings. All
6moneys in the fund are appropriated to the governor’s office of
7drug control policy. Notwithstanding section 8.33, any balance
8in the fund on June 30 of any fiscal year shall not revert to
9any other fund of the state but shall remain available for the
10purposes described in this section.
11 Sec. 54. Section 84A.1A, subsection 1, paragraph b, Code
122023, is amended to read as follows:
13b. The nonvoting members of the Iowa workforce development
14board shall include the following:
15(1) One state senator appointed by the minority leader of
16the senate, who shall serve for a term as provided in section
1769.16B.
18(2) One state representative appointed by the minority
19leader of the house of representatives, who shall serve for a
20term as provided in section 69.16B.
21(3) One president, or the president’s designee, of the
22university of northern Iowa, the university of Iowa, or Iowa
23state university of science and technology, designated by the
24state board of regents on a rotating basis.
25(4) One president, or the president’s designee, of an
26independent Iowa college, appointed by the Iowa association of
27independent colleges and universities.
28(5) One president or president’s designee, of a community
29college, appointed by the Iowa association of community college
30presidents.
31(6) One representative of the economic development
32authority, appointed by the director.
33(7) One representative of the department on aging,
34appointed by the director.
35(8) (7) One representative of the department of
-34-1corrections, appointed by the director.
2(9) (8) One representative of the department of health and
3 human services, appointed by the director.
4(10) (9) One representative of the United States department
5of labor, office of apprenticeship.
6(11) (10) One representative from the largest statewide
7public employees’ organization representing state employees.
8(12) (11) One representative of a statewide labor
9organization representing employees in the construction
10industry.
11(13) (12) One representative of a statewide labor
12organization representing employees in the manufacturing
13industry.
14 Sec. 55. Section 84A.6, subsections 2 and 3, Code 2023, are
15amended to read as follows:
162. a. The director of the department of workforce
17development, in cooperation with the department of health
18and human services, shall provide job placement and training
19to persons referred by the department of health and human
20services under the promoting independence and self-sufficiency
21through employment job opportunities and basic skills program
22established pursuant to chapter 239B and the food stamp
23 supplemental nutrition assistance program employment and
24training program.
25b. The department of workforce development, in consultation
26with the department of health and human services, shall develop
27and implement departmental recruitment and employment practices
28that address the needs of former and current participants in
29the family investment program under chapter 239B.
303. The director of the department of workforce development,
31in cooperation with the department of health and human
32rights services and the vocational rehabilitation services
33division of the department of education, shall establish a
34program to provide job placement and training to persons with
35disabilities.
-35-1 Sec. 56. Section 84A.9, Code 2023, is amended to read as
2follows:
384A.9 Statewide mentoring program.
4A statewide mentoring program is established to recruit,
5screen, train, and match individuals in a mentoring
6relationship. The department of workforce development shall
7administer the program in collaboration with the departments
8of health and human services, and education, and human rights.
9The availability of the program is subject to the funding
10appropriated for the purposes of the program.
11 Sec. 57. Section 84A.11, subsection 2, Code 2023, is amended
12to read as follows:
132. The department of workforce development shall consult
14with the board of nursing, the department of public health
15and human services, the department of education, and other
16appropriate entities in developing recommendations to determine
17options for additional data collection.
18 Sec. 58. Section 84B.1, Code 2023, is amended to read as
19follows:
2084B.1 Workforce development system.
21The departments of workforce development, education,
22health and human services, and corrections, the economic
23development authority, the department on aging, the division of
24Iowa vocational rehabilitation services of the department of
25education, and the department for the blind shall collaborate
26where possible under applicable state and federal law to align
27workforce development programs, services, and activities in an
28integrated workforce development system in the state and in
29each local workforce development area that is data driven and
30responsive to the needs of workers, job seekers, and employers.
31The departments, authority, and division shall also jointly
32establish an integrated management information system for
33linking workforce development programs within local workforce
34development systems and in the state.
35 Sec. 59. Section 84B.2, unnumbered paragraph 1, Code 2023,
-36-1is amended to read as follows:
2The department of workforce development, in consultation
3with the departments of education, health and human services,
4and corrections, the economic development authority,
5the department on aging, the division of Iowa vocational
6rehabilitation services of the department of education, and
7the department for the blind shall establish guidelines for
8colocating state and federal employment and training programs
9in centers providing services at the local level. The
10centers shall be known as workforce development centers. The
11guidelines shall provide for local design and operation within
12the guidelines. The core services available at a center shall
13include but are not limited to all of the following:
14 Sec. 60. Section 85.38, subsection 4, Code 2023, is amended
15to read as follows:
164. Lien for hospital and medical services under chapter
17249A. In the event any hospital or medical services as provided
18in section 85.27 are paid by the state department of health and
19 human services on behalf of an employee who is entitled to such
20benefits under the provisions of this chapter or chapter 85A or
2185B, a lien shall exist as respects the right of such employee
22to benefits as described in section 85.27.
23 Sec. 61. Section 85.60, Code 2023, is amended to read as
24follows:
2585.60 Injuries while in work-based learning opportunity,
26employment training, or evaluation.
27A person participating in a work-based learning opportunity
28referred to in section 85.61, or receiving earnings while
29engaged in employment training or while undergoing an
30employment evaluation under the direction of a rehabilitation
31facility approved for purchase-of-service contracts or for
32referrals by the department of health and human services or the
33department of education, who sustains an injury arising out
34of and in the course of the work-based learning opportunity
35participation, employment training, or employment evaluation
-37-1is entitled to benefits as provided in this chapter, chapter
285A, chapter 85B, and chapter 86. Notwithstanding the minimum
3benefit provisions of this chapter, a person referred to in
4this section and entitled to benefits under this chapter is
5entitled to receive a minimum weekly benefit amount for a
6permanent partial disability under section 85.34, subsection
72, or for a permanent total disability under section 85.34,
8subsection 3, equal to the weekly benefit amount of a person
9whose gross weekly earnings are thirty-five percent of the
10statewide average weekly wage computed pursuant to section 96.3
11and in effect at the time of the injury.
12 Sec. 62. Section 85.61, subsection 3, paragraph b, Code
132023, is amended to read as follows:
14b. A rehabilitation facility approved for
15purchase-of-service contracts or for referrals by the
16department of health and human services or the department of
17education.
18 Sec. 63. Section 85A.11, subsection 2, Code 2023, is amended
19to read as follows:
202. The specimens for the tests required by this section
21must be taken by a licensed practicing physician or osteopathic
22physician, and immediately delivered to the state hygienic
23laboratory of the Iowa department of public health at Iowa
24City. Each specimen shall be in a container upon which is
25plainly printed the name and address of the subject, the date
26when the specimen was taken, the name and address of the
27subject’s employer, and a certificate by the physician or
28osteopathic physician that the physician took the specimen
29from the named subject on the date stated over the physician’s
30signature and address.
31 Sec. 64. Section 85A.20, Code 2023, is amended to read as
32follows:
3385A.20 Investigation.
34The workers’ compensation commissioner may designate
35the industrial hygiene physician medical director of the
-38-1Iowa department of public health and human services and two
2physicians selected by the dean of the university of Iowa
3college of medicine, from the staff of the college, who shall
4be qualified to diagnose and report on occupational diseases.
5For the purpose of investigating occupational diseases, the
6physicians shall have the use, without charge, of all necessary
7laboratory and other facilities of the university of Iowa
8college of medicine and of the university hospital at the state
9university of Iowa, and of the Iowa department of public health
10and human services in performing the physicians’ duties.
11 Sec. 65. Section 89.4, subsection 1, paragraph h, Code 2023,
12is amended to read as follows:
13h. Hot water heating boilers used for heating pools or spas
14regulated by the department of public health and human services
15 pursuant to chapter 135I.
16 Sec. 66. Section 89B.17, subsection 1, unnumbered paragraph
171, Code 2023, is amended to read as follows:
18The director of public health and human services, the labor
19commissioner, and the director of the department of natural
20resources or the director’s designee under written signatures
21of all these parties may recommend any of the following
22actions:
23 Sec. 67. Section 91C.1, Code 2023, is amended to read as
24follows:
2591C.1 Definition — exemption — combined registration and
26licensing process for plumbers and mechanical professionals.
271. As used in this chapter, unless the context otherwise
28requires, “contractor” means a person who engages in the
29business of construction, as the term “construction” is defined
30in the Iowa administrative code for purposes of the Iowa
31employment security law. However, a person who earns less than
32two thousand dollars annually or who performs work or has work
33performed on the person’s own property is not a contractor for
34purposes of this chapter. The state, its boards, commissions,
35agencies, departments, and its political subdivisions including
-39-1school districts and other special purpose districts, are not
2contractors for purposes of this chapter.
32. If a contractor’s registration application shows that
4the contractor is self-employed, does not pay more than two
5thousand dollars annually to employ other persons in the
6business, and does not work with or for other contractors in
7the same phases of construction, the contractor is exempt from
8the fee requirements under this chapter.
93. a. The labor services division of the department of
10workforce development and the Iowa department of public health
11and human services will work with stakeholders to develop a
12plan to combine the contractor registration and contractor
13licensing application process for contractors licensed under
14chapter 105, to be implemented in time for licensing renewals
15due July 1, 2017. Effective July 1, 2017, a A contractor
16licensed under chapter 105 shall register as a contractor under
17this chapter in conjunction with the contractor licensing
18process. At no cost to the labor services division, the
19department of public health and human services shall collect
20both the registration and licensing applications as part of one
21combined application. The labor commissioner shall design the
22contractor registration application form to exclude from the
23division of labor services’ contractor registration application
24process those contractors who are also covered by chapter
25105. The labor commissioner is authorized to may adopt rules
26as needed to accomplish a merger of the application systems
27including transitional registration periods and fees.
28b. Effective July 1, 2017, excluding Excluding registrations
29by contractors that are exempt from the registration fee
30pursuant to this section, the department of public health and
31human services shall collect and transfer to the labor services
32division a portion of each contractor license fee equal to
33three times the contractor registration fee for each three-year
34license or a prorated portion thereof of the registration fee
35 using a one-sixth deduction for each six-month period of the
-40-1renewal cycle.
2 Sec. 68. Section 92.17, subsection 3, Code 2023, is amended
3to read as follows:
43. A child from working in any occupation or business
5operated by the child’s parents. For the purposes of this
6subsection, “child” and “parents” include a foster child and the
7child’s foster parents who are licensed by the department of
8health and human services.
9 Sec. 69. Section 96.3, subsections 9 and 11, Code 2023, are
10amended to read as follows:
119. Child support intercept.
12a. An individual filing a claim for benefits under section
1396.6, subsection 1, shall, at the time of filing, disclose
14whether the individual owes a child support obligation which
15is being enforced by the child support recovery unit services
16 established in section 252B.2. If an individual discloses that
17such a child support obligation is owed and the individual is
18determined to be eligible for benefits under this chapter,
19the department shall notify the child support recovery unit
20 services of the individual’s disclosure and deduct and withhold
21from benefits payable to the individual the amount specified
22by the individual.
23b. However, if the child support recovery unit services
24 and an individual owing a child support obligation reach an
25agreement to have specified amounts deducted and withheld from
26the individual’s benefits and the child support recovery unit
27 services submits a copy of the agreement to the department, the
28department shall deduct and withhold the specified amounts.
29c. (1) However, if the department is notified of income
30withholding by the child support recovery unit services under
31chapter 252D or section 598.22 or 598.23 or if income is
32garnisheed by the child support recovery unit services under
33chapter 642 and an individual’s benefits are condemned to the
34satisfaction of the child support obligation being enforced by
35the child support recovery unit services, the department shall
-41-1deduct and withhold from the individual’s benefits that amount
2required through legal process.
3(2) Notwithstanding section 642.2, subsections 2, 3,
46, and 7, which restrict garnishments under chapter 642 to
5wages of public employees, the department may be garnisheed
6under chapter 642 by the child support recovery unit services
7 established in section 252B.2, pursuant to a judgment for child
8support against an individual eligible for benefits under this
9chapter.
10(3) Notwithstanding section 96.15, benefits under this
11chapter are not exempt from income withholding, garnishment,
12attachment, or execution if withheld for or garnisheed by the
13 child support recovery unit services, established in section
14252B.2, or if an income withholding order or notice of the
15income withholding order under section 598.22 or 598.23 is
16being enforced by the child support recovery unit services to
17satisfy the child support obligation of an individual who is
18eligible for benefits under this chapter.
19d. An amount deducted and withheld under paragraph “a”, “b”,
20or “c” shall be paid by the department to the child support
21recovery unit services, and shall be treated as if it were paid
22to the individual as benefits under this chapter and as if it
23were paid by the individual to the child support recovery unit
24 services in satisfaction of the individual’s child support
25obligations.
26e. If an agreement for reimbursement has been made, the
27department shall be reimbursed by the child support recovery
28unit services for the administrative costs incurred by the
29department under this section which are attributable to the
30enforcement of child support obligations by the child support
31recovery unit services.
3211. Overissuance of food stamp supplemental nutrition
33assistance program benefits. The department shall collect any
34overissuance of food stamp supplemental nutrition assistance
35program benefits by offsetting the amount of the overissuance
-42-1from the benefits payable under this chapter to the individual.
2This subsection shall only apply if the department is
3reimbursed under an agreement with the department of health and
4 human services for administrative costs incurred in recouping
5the overissuance. The provisions of section 96.15 do not apply
6to this subsection.
7 Sec. 70. Section 97B.49B, subsection 1, paragraph e,
8subparagraph (16), Code 2023, is amended to read as follows:
9(16) A person employed by the department of health and
10 human services as a psychiatric security specialist at a civil
11commitment unit for sexually violent offenders facility.
12 Sec. 71. Section 99D.7, subsections 22 and 23, Code 2023,
13are amended to read as follows:
1422. To cooperate with the gambling treatment program
15administered by the Iowa department of public health and human
16services to incorporate information regarding the gambling
17treatment program and its toll-free telephone number in printed
18materials distributed by the commission. The commission may
19require licensees to have the information available in a
20conspicuous place as a condition of licensure.
2123. To establish a process to allow a person to be
22voluntarily excluded from advance deposit wagering as defined
23in section 99D.11, from an internet fantasy sports contest as
24defined in section 99E.1, from advance deposit sports wagering
25as defined in section 99F.9, and from the wagering area of
26a racetrack enclosure, from the gaming floor, and from the
27sports wagering area, as defined in section 99F.1, of all
28other licensed facilities under this chapter and chapter 99F
29as provided in this subsection. The process shall provide
30that an initial request by a person to be voluntarily excluded
31shall be for a period of five years or life and any subsequent
32request following any five-year period shall be for a period of
33five years or life. The process established shall require that
34licensees be provided electronic access to names and social
35security numbers of persons voluntarily excluded through a
-43-1secured interactive internet site maintained by the commission
2and information regarding persons voluntarily excluded shall
3be disseminated to all licensees under this chapter, chapter
499E, and chapter 99F. The names, social security numbers, and
5information regarding persons voluntarily excluded shall be
6kept confidential unless otherwise ordered by a court or by
7another person duly authorized to release such information.
8The process established shall also require a person requesting
9to be voluntarily excluded be provided information compiled
10by the Iowa department of public health and human services
11 on gambling treatment options. The state and any licensee
12under this chapter, chapter 99E, or chapter 99F shall not be
13liable to any person for any claim which may arise from this
14process. In addition to any other penalty provided by law, any
15money or thing of value that has been obtained by, or is owed
16to, a voluntarily excluded person as a result of wagers made
17by the person after the person has been voluntarily excluded
18shall be forfeited by the person and shall be credited to the
19general fund of the state. The commission shall not initiate
20any administrative action or impose penalties on a licensee who
21voluntarily reports to the commission activity described in
22section 99D.24, subsection 4, paragraph “c”.
23 Sec. 72. Section 99D.9, subsection 6, paragraph b, Code
242023, is amended to read as follows:
25b. A licensee shall not permit a financial institution,
26vendor, or other person to dispense cash or credit through an
27electronic or mechanical device including but not limited to a
28satellite terminal as defined in section 527.2, that is located
29in the wagering area. However, this paragraph shall not apply
30to cashless wagering systems where a person accesses a cash
31account through a mobile application used by the licensee
32to conduct cashless wagering. The mobile application shall
33include the statewide telephone number authorized by the Iowa
34 department of public health and human services to provide
35problem gambling information and extensive responsible gaming
-44-1features in addition to those described in section 99D.7,
2subsection 23.
3 Sec. 73. Section 99E.5, subsection 2, paragraph d, Code
42023, is amended to read as follows:
5d. Include on the internet site or mobile application used
6by the licensee to conduct internet fantasy sports contests the
7statewide telephone number authorized by the Iowa department of
8public health and human services to provide problem gambling
9information and extensive responsible gaming features in
10addition to those described in section 99F.4, subsection 22.
11 Sec. 74. Section 99F.4, subsection 22, Code 2023, is amended
12to read as follows:
1322. To establish a process to allow a person to be
14voluntarily excluded from advance deposit wagering as defined
15in section 99D.11, from an internet fantasy sports contest
16as defined in section 99E.1, from advance deposit sports
17wagering as defined in section 99F.9, from the gaming floor
18and sports wagering area of an excursion gambling boat, from
19the wagering area, as defined in section 99D.2, and from the
20gaming floor and sports wagering area of all other licensed
21facilities under this chapter and chapter 99D as provided in
22this subsection. The process shall provide that an initial
23request by a person to be voluntarily excluded shall be for
24a period of five years or life and any subsequent request
25following any five-year period shall be for a period of five
26years or life. The process established shall require that
27licensees be provided electronic access to names and social
28security numbers of persons voluntarily excluded through a
29secured interactive internet site maintained by the commission
30and information regarding persons voluntarily excluded shall
31be disseminated to all licensees under this chapter, chapter
3299D, and chapter 99E. The names, social security numbers, and
33information regarding persons voluntarily excluded shall be
34kept confidential unless otherwise ordered by a court or by
35another person duly authorized to release such information.
-45-1The process established shall also require a person requesting
2to be voluntarily excluded be provided information compiled
3by the Iowa department of public health and human services
4 on gambling treatment options. The state and any licensee
5under this chapter, chapter 99D, or chapter 99E shall not be
6liable to any person for any claim which may arise from this
7process. In addition to any other penalty provided by law, any
8money or thing of value that has been obtained by, or is owed
9to, a voluntarily excluded person as a result of wagers made
10by the person after the person has been voluntarily excluded
11shall be forfeited by the person and shall be credited to the
12general fund of the state. The commission shall not initiate
13any administrative action or impose penalties on a licensee who
14voluntarily reports to the commission activity described in
15section 99F.15, subsection 4, paragraph “n”.
16 Sec. 75. Section 99F.7, subsection 10, paragraph b, Code
172023, is amended to read as follows:
18b. A licensee shall not permit a financial institution,
19vendor, or other person to dispense cash or credit through an
20electronic or mechanical device including but not limited to
21a satellite terminal, as defined in section 527.2, that is
22located on the gaming floor. However, this paragraph shall not
23apply to cashless wagering systems where a person accesses a
24cash account through a mobile application used by the licensee
25to conduct cashless wagering. The mobile application shall
26include the statewide telephone number authorized by the Iowa
27 department of public health and human services to provide
28problem gambling information and extensive responsible gaming
29features in addition to those described in section 99F.4,
30subsection 22.
31 Sec. 76. Section 99F.7A, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. Include on the internet site or mobile application used
34by the licensee to conduct advance deposit sports wagering as
35authorized in section 99F.9 the statewide telephone number
-46-1authorized by the Iowa department of public health and human
2services to provide problem gambling information and extensive
3responsible gaming features in addition to those described in
4section 99F.4, subsection 22.
5 Sec. 77. Section 99G.42, Code 2023, is amended to read as
6follows:
799G.42 Compulsive gamblers — treatment program information.
8The authority shall cooperate with the gambling treatment
9program administered by the Iowa department of public health
10and human services to incorporate information regarding the
11gambling treatment program and its toll-free telephone number
12in printed materials distributed by the authority.
13 Sec. 78. Section 100C.1, subsection 1, Code 2023, is amended
14to read as follows:
151. “Alarm system” means a system or portion of a combination
16system that consists of components and circuits arranged to
17monitor and annunciate the status of a fire alarm, security
18alarm, or nurse call or supervisory signal-initiating devices
19and to initiate the appropriate response to those signals,
20but does not mean any such security system or portion of a
21combination system installed in a prison, jail, or detention
22facility owned by the state, a political subdivision of the
23state, the department of health and human services, or the Iowa
24veterans home.
25 Sec. 79. Section 101C.3, subsection 1, Code 2023, is amended
26to read as follows:
271. The Iowa propane education and research council is
28established. The council shall consist of ten voting members,
29nine of whom represent retail propane marketers and one of whom
30shall be the administrator of the division of a representative
31of the department of health and human services responsible
32for community action agencies of the department of human
33rights. Members of the council other than the administrator
34 representing retail propane marketers shall be appointed by the
35fire marshal from a list of nominees submitted by qualified
-47-1propane industry organizations by December 15 of each year. A
2vacancy in the unfinished term of a council member shall be
3filled for the remainder of the term in the same manner as the
4original appointment was made. Other than the administrator,
5council Council members representing retail propane marketers
6 shall be full-time employees or owners of a propane industry
7business or representatives of an agricultural cooperative
8actively engaged in the propane industry. An employee of a
9qualified propane industry organization shall not serve as a
10member of the council. An officer of the board of directors of
11a qualified propane industry organization or propane industry
12trade association shall not serve concurrently as a member of
13the council. The fire marshal or a designee may serve as an ex
14officio, nonvoting member of the council.
15 Sec. 80. Section 105.2, subsection 4, Code 2023, is amended
16to read as follows:
174. “Department” means the Iowa department of public health
18and human services.
19 Sec. 81. Section 105.2, Code 2023, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 4A. “Director” means the director of health
22and human services.
23 Sec. 82. Section 105.3, subsection 1, Code 2023, is amended
24to read as follows:
251. A plumbing and mechanical systems board is created within
26the Iowa department of public health.
27 Sec. 83. Section 105.3, subsection 2, paragraph a,
28subparagraph (1), Code 2023, is amended to read as follows:
29(1) The director of public health or the director’s
30designee.
31 Sec. 84. Section 105.12, subsection 1, Code 2023, is amended
32to read as follows:
331. A contracting, plumbing, mechanical, HVAC-refrigeration,
34sheet metal, or hydronic license shall be in the form of a
35certificate under the seal of the department, signed by the
-48-1director of public health, and shall be issued in the name of
2the board. The license number shall be noted on the face of the
3license.
4 Sec. 85. Section 123.17, Code 2023, is amended to read as
5follows:
6123.17 Beer and liquor control fund — allocations to
7substance abuse use disorder programs — use of civil penalties.
81. There shall be established within the office of
9the treasurer of state a fund to be known as the beer and
10liquor control fund. The fund shall consist of any moneys
11appropriated by the general assembly for deposit in the fund
12and moneys received from the sale of alcoholic liquors by the
13division, from the issuance of permits and licenses, and of
14moneys and receipts received by the division from any other
15source.
162. a. The director of the department of administrative
17services shall periodically transfer from the beer and liquor
18control fund to the general fund of the state those revenues
19of the division which are not necessary for the purchase of
20liquor for resale by the division, or for remittances to local
21authorities or other sources as required by this chapter, or
22for other obligations and expenses of the division which are
23paid from such fund.
24b. All moneys received by the division from the issuance of
25vintner’s certificates of compliance and wine permits shall be
26transferred by the director of the department of administrative
27services to the general fund of the state.
283. Notwithstanding subsection 2, if gaming revenues under
29sections 99D.17 and 99F.11 are insufficient in a fiscal year to
30meet the total amount of such revenues directed to be deposited
31in the revenue bonds debt service fund and the revenue bonds
32federal subsidy holdback fund during the fiscal year pursuant
33to section 8.57, subsection 5, paragraph “e”, the difference
34shall be paid from moneys deposited in the beer and liquor
35control fund prior to transfer of such moneys to the general
-49-1fund pursuant to subsection 2 and prior to the transfer of such
2moneys pursuant to subsections 5 and 6. If moneys deposited in
3the beer and liquor control fund are insufficient during the
4fiscal year to pay the difference, the remaining difference
5shall be paid from moneys deposited in the beer and liquor
6control fund in subsequent fiscal years as such moneys become
7available.
84. The treasurer of state shall, each quarter, prepare
9an estimate of the gaming revenues and of the moneys to be
10deposited in the beer and liquor control fund that will become
11available during the remainder of the appropriate fiscal year
12for the purposes described in subsection 3. The department
13of management, the department of inspections and appeals, and
14the department of commerce shall take appropriate actions to
15provide that the sum of the amount of gaming revenues available
16to be deposited into the revenue bonds debt service fund and
17the revenue bonds federal subsidy holdback fund during a fiscal
18year and the amount of moneys to be deposited in the beer and
19liquor control fund available to be deposited into the revenue
20bonds debt service fund and the revenue bonds federal subsidy
21holdback fund during such fiscal year will be sufficient to
22cover any anticipated deficiencies.
235. After any transfer provided for in subsection 3 is
24made, the department of commerce shall transfer into a special
25revenue account in the general fund of the state, a sum of
26money at least equal to seven percent of the gross amount of
27sales made by the division from the beer and liquor control
28fund on a monthly basis but not less than nine million dollars
29annually. Of the amounts transferred, two million dollars,
30plus an additional amount determined by the general assembly,
31shall be appropriated to the Iowa department of public health
32and human services for use by the staff who administer the
33comprehensive substance abuse use disorder program under
34chapter 125 for substance abuse use disorder treatment and
35prevention programs. Any amounts received in excess of the
-50-1amounts appropriated to the Iowa department of public health
2and human services for use by the staff who administer the
3comprehensive substance abuse use disorder program under
4chapter 125 shall be considered part of the general fund
5balance.
66. After any transfers provided for in subsections 3 and 5,
7the department of commerce shall transfer to the division from
8the beer and liquor control fund and before any other transfer
9to the general fund, an amount sufficient to pay the costs
10incurred by the division for collecting and properly disposing
11of the liquor containers.
127. After any transfers provided for in subsections 3, 5,
13and 6, and before any other transfer to the general fund,
14the department of commerce shall transfer to the economic
15development authority from the beer and liquor control fund
16two million dollars annually for statewide tourism marketing
17services and efforts pursuant to section 15.275.
188. After any transfers provided for in subsections 3, 5,
196, and 7, and before any other transfer to the general fund,
20the department of commerce shall transfer from the beer and
21liquor control fund one million dollars to the Iowa department
22of public health and human services for distribution pursuant
23to section 125.59.
249. Civil penalties imposed and collected by the division
25shall be credited to the general fund of the state. The
26moneys from the civil penalties shall be used by the division,
27subject to appropriation by the general assembly, for the
28purposes of providing educational programs, information and
29publications for alcoholic beverage licensees and permittees,
30local authorities, and law enforcement agencies regarding the
31laws and rules which govern the alcoholic beverages industry,
32and for promoting compliance with alcoholic beverage laws and
33rules.
34 Sec. 86. Section 123.47, subsection 4, paragraph a,
35subparagraph (2), Code 2023, is amended to read as follows:
-51- 1(2) A second offense shall be a simple misdemeanor
2punishable by a fine of five hundred dollars. In addition to
3any other applicable penalty, the person in violation of this
4section shall choose between either completing a substance
5abuse use disorder evaluation or the suspension of the person’s
6motor vehicle operating privileges for a period not to exceed
7one year.
8 Sec. 87. Section 124.409, subsection 1, Code 2023, is
9amended to read as follows:
101. Whenever the court finds that a person who is charged
11with a violation of section 124.401 and who consents thereto,
12or who has entered a plea of guilty to or been found guilty of
13a violation of that section, is addicted to, dependent upon,
14or a chronic abuser user of any controlled substance and that
15such person will be aided by proper medical treatment and
16rehabilitative services, the court may order that the person
17be committed as an in-patient or out-patient to a facility
18licensed by the Iowa department of public health and human
19services for medical treatment and rehabilitative services.
20 Sec. 88. Section 124.504, subsection 3, Code 2023, is
21amended to read as follows:
223. A practitioner engaged in medical practice or research
23or the Iowa drug abuse substance use disorder authority or
24any program which is licensed by the authority shall not be
25required to furnish the name or identity of a patient or
26research subject to the board or the department, nor shall the
27practitioner or the authority or any program which is licensed
28by the authority be compelled in any state or local civil,
29criminal, administrative, legislative or other proceedings
30to furnish the name or identity of an individual that the
31practitioner or the authority or any of its licensed programs
32is obligated to keep confidential.
33 Sec. 89. Section 124.551, subsection 2, paragraph a,
34unnumbered paragraph 1, Code 2023, is amended to read as
35follows:
-52- 1The program shall collect from pharmacies dispensing
2information for controlled substances identified pursuant
3to section 124.554, subsection 1, paragraph “g”, and from
4first responders as defined in section 147A.1, subsection
57, with the exception of emergency medical care providers
6as defined in section 147A.1, subsection 4, administration
7information for opioid antagonists. The department of public
8 health and human services shall provide information for the
9administration of opioid antagonists to the board as prescribed
10by rule for emergency medical care providers as defined in
11section 147A.1, subsection 4. The board shall adopt rules
12requiring the following information to be provided regarding
13the administration of opioid antagonists:
14 Sec. 90. Section 124.556, Code 2023, is amended to read as
15follows:
16124.556 Education and treatment.
17The program shall include education initiatives and outreach
18to consumers, prescribing practitioners, and pharmacists, and
19shall also include assistance for identifying substance abuse
20 use disorder treatment programs and providers. The program
21shall also include educational updates and information on
22general patient risk factors for prescribing practitioners.
23The board and advisory council shall adopt rules, as provided
24under section 124.554, to implement this section.
25 Sec. 91. Section 124E.2, subsections 3 and 8, Code 2023, are
26amended to read as follows:
273. “Department” means the department of public health and
28human services.
298. “Laboratory” means the state hygienic laboratory
30at the university of Iowa in Iowa City or any other
31independent medical cannabidiol testing facility accredited
32to standard ISO/IEC 17025 by an international organization
33for standards-approved accrediting body, with a controlled
34substance registration certificate from the United States drug
35enforcement administration and a certificate of registration
-53-1from the board of pharmacy. For the purposes of this chapter,
2an independent laboratory is a laboratory operated by an
3entity that has no equity ownership in a medical cannabidiol
4manufacturer.
5 Sec. 92. Section 124E.6, subsection 4, Code 2023, is amended
6to read as follows:
74. A medical cannabidiol manufacturer shall contract with
8a laboratory to perform spot-check testing of the medical
9cannabidiol produced by the medical cannabidiol manufacturer
10as provided in section 124E.7. The department shall require
11that the laboratory report testing results to the medical
12cannabidiol manufacturer and the department as determined by
13the department by rule. If a medical cannabidiol manufacturer
14contracts with a laboratory other than the state hygienic
15laboratory at the university of Iowa in Iowa City, the
16department shall approve the laboratory to perform testing
17pursuant to this chapter.
18 Sec. 93. Section 124E.14, Code 2023, is amended to read as
19follows:
20124E.14 Out-of-state medical cannabidiol dispensaries.
21The department of public health shall utilize a request for
22proposals process to select and license by December 1, 2017,
23up to two out-of-state medical cannabidiol dispensaries from a
24bordering state to sell and dispense medical cannabidiol to a
25patient or primary caregiver in possession of a valid medical
26cannabidiol registration card issued under this chapter.
27 Sec. 94. Section 125.1, Code 2023, is amended to read as
28follows:
29125.1 Declaration of policy.
30It is the policy of this state:
311. That persons with substance-related disorders a
32substance use disorder be afforded the opportunity to
33receive quality treatment and directed into rehabilitation
34services which will help them resume a socially acceptable and
35productive role in society.
-54- 12. To encourage substance abuse use disorder education
2and prevention efforts and to insure that such efforts are
3coordinated to provide a high quality of services without
4unnecessary duplication.
53. To insure that substance abuse use disorder programs
6are being operated by individuals who are qualified in their
7field whether through formal education or through employment
8or personal experience.
9 Sec. 95. Section 125.2, Code 2023, is amended to read as
10follows:
11125.2 Definitions.
12For purposes of this chapter, unless the context clearly
13indicates otherwise:
141. “Board” means the state board of health created pursuant
15to chapter 136.
162. 1. “Chemical substance” means alcohol, wine, spirits,
17and beer as defined in chapter 123 and controlled substances
18as defined in section 124.101.
193. 2. “Chief medical officer” means the medical director
20in charge of a public or private hospital, or the director’s
21physician-designee. This chapter does not negate the
22authority otherwise reposed by chapter 226 in the respective
23superintendents of the state mental health institutes to make
24decisions regarding the appropriateness of admissions or
25discharges of patients of those institutes, however, it is
26the intent of this chapter that a superintendent who is not a
27licensed physician shall be guided in these decisions by the
28chief medical officer of the institute.
294. 3. “Clerk” means the clerk of the district court.
304. “Council” means the council on health and human services.
315. “County of residence” means the same as defined in
32section 331.394.
336. “Department” means the Iowa department of public health
34and human services.
357. “Director” means the director of the Iowa department of
-55-1public health and human services.
28. “Facility” means an institution, a detoxification center,
3or an installation providing care, maintenance and treatment
4for persons with substance-related disorders a substance use
5disorder licensed by the department under section 125.13,
6hospitals licensed under chapter 135B, or the state mental
7health institutes designated by chapter 226.
89. “Incapacitated by a chemical substance” means that a
9person, as a result of the use of a chemical substance, is
10unconscious or has the person’s judgment otherwise so impaired
11that the person is incapable of realizing and making a rational
12decision with respect to the need for treatment.
1310. “Incompetent person” means a person who has been
14adjudged incompetent by a court of law.
1511. “Interested person” means a person who, in the
16discretion of the court, is legitimately concerned that a
17respondent receive substance abuse use disorder treatment
18services.
1912. “Magistrate” means the same as defined in section 801.4,
20subsection 10.
2113. “Mental health professional” means the same as defined
22in section 228.1.
2314. “Psychiatric advanced registered nurse practitioner”
24means an individual currently licensed as a registered nurse
25under chapter 152 or 152E who holds a national certification in
26psychiatric mental health care and who is licensed by the board
27of nursing as an advanced registered nurse practitioner.
2815. “Respondent” means a person against whom an application
29is filed under section 125.75.
3016. “Substance-related disorder” “Substance use disorder”
31 means a diagnosable substance abuse disorder of sufficient
32duration to meet diagnostic criteria specified within the most
33current diagnostic and statistical manual of mental disorders
34published by the American psychiatric association that results
35in a functional impairment.
-56-1 Sec. 96. Section 125.3, Code 2023, is amended to read as
2follows:
3125.3 Substance abuse use disorder program established.
4The Iowa department of public health shall develop,
5implement, and administer a comprehensive substance abuse use
6disorder program pursuant to sections 125.1 and 125.2, this
7section, and sections 125.7, 125.9, 125.10, 125.12 through
8125.21, 125.25, 125.32 through 125.34, and 125.37 through
9125.43.
10 Sec. 97. Section 125.7, Code 2023, is amended to read as
11follows:
12125.7 Duties of the board council.
13The board council shall:
141. Approve the comprehensive substance abuse use disorder
15 program, developed by the department pursuant to sections 125.1
16through 125.3, this section, and sections 125.9, 125.10, 125.12
17through 125.21, 125.25, 125.32 through 125.34, and 125.37
18through 125.43.
192. Advise the department on policies governing the
20performance of the department in the discharge of any duties
21imposed on the department by law.
223. Advise or make recommendations to the governor and the
23general assembly relative to substance abuse use disorder
24 treatment, intervention, education, and prevention programs in
25this state.
264. Adopt rules for subsections 1 and 6 and review other
27rules necessary to carry out the provisions of this chapter,
28subject to review in accordance with chapter 17A.
295. Investigate the work of the department relating to
30substance abuse use disorder, and for this purpose the board
31 council shall have access at any time to all books, papers,
32documents, and records of the department.
336. Consider and approve or disapprove all applications
34for a license and all cases involving the renewal, denial,
35suspension, or revocation of a license.
-57- 17. Act as the appeal board regarding funding decisions made
2by the department.
3 Sec. 98. Section 125.9, subsections 1, 2, 4, 5, and 6, Code
42023, are amended to read as follows:
51. Plan, establish and maintain treatment, intervention,
6education, and prevention programs as necessary or desirable in
7accordance with the comprehensive substance abuse use disorder
8 program.
92. Make contracts necessary or incidental to the
10performance of the duties and the execution of the powers
11of the director, including contracts with public and
12private agencies, organizations and individuals to pay
13them for services rendered or furnished to persons with
14substance-related disorders a substance use disorder.
154. Coordinate the activities of the department and
16cooperate with substance abuse use disorder programs in
17this and other states, and make contracts and other joint or
18cooperative arrangements with state, local or private agencies
19in this and other states for the treatment of persons with
20substance-related disorders a substance use disorder and
21for the common advancement of substance abuse use disorder
22 programs.
235. Require that a written report, in reasonable detail, be
24submitted to the director at any time by any agency of this
25state or of any of its political subdivisions in respect to any
26substance abuse use disorder prevention function, or program
27for the benefit of persons who are or have been involved in
28substance abuse use disorder, which is being conducted by the
29agency.
306. Submit to the governor a written report of the
31pertinent facts at any time the director concludes that any
32agency of this state or of any of its political subdivisions
33is conducting any substance abuse use disorder prevention
34function, or program for the benefit of persons who are or have
35been involved in substance abuse use disorder in a manner not
-58-1consistent with or which impairs achievement of the objectives
2of the state plan to combat substance abuse use disorder, and
3has failed to effect appropriate changes in the function or
4program.
5 Sec. 99. Section 125.10, Code 2023, is amended to read as
6follows:
7125.10 Duties of director.
8The director shall:
91. Prepare and submit a state plan subject to approval by
10the board council and in accordance with 42 U.S.C. §300x-21 et
11seq. The state plan shall designate the department as the sole
12agency for supervising the administration of the plan.
132. Develop, encourage, and foster statewide, regional,
14and local plans and programs for the prevention of substance
15misuse use disorder and the treatment of persons with
16substance-related disorders a substance use disorder in
17cooperation with public and private agencies, organizations and
18individuals, and provide technical assistance and consultation
19services for these purposes.
203. Coordinate the efforts and enlist the assistance of all
21public and private agencies, organizations, and individuals
22interested in the prevention of substance misuse use disorder
23 and the treatment of persons with substance-related disorders a
24substance use disorder. The director’s actions to implement
25this subsection shall also address the treatment needs of
26persons who have a mental illness, an intellectual disability,
27brain injury, or other co-occurring condition in addition to a
28substance-related substance use disorder.
294. Cooperate with the department of human services and
30the Iowa department of public health in establishing and
31conducting programs to provide treatment for persons with
32substance-related disorders a substance use disorder.
335. Cooperate with the department of education, boards
34of education, schools, police departments, courts, and other
35public and private agencies, organizations, and individuals
-59-1in establishing programs for the prevention of substance
2misuse use disorder and the treatment of persons with
3substance-related disorders a substance use disorder, and in
4preparing relevant curriculum materials for use at all levels
5of school education.
66. Prepare, publish, evaluate and disseminate educational
7material dealing with the nature and effects of chemical
8substances.
97. Develop and implement, as an integral part of treatment
10programs, an educational program for use in the treatment
11of persons with substance-related disorders a substance use
12disorder, which program shall include the dissemination of
13information concerning the nature and effects of substances.
148. Organize and implement, in cooperation with local
15treatment programs, training programs for all persons engaged
16in treatment of persons with substance-related disorders a
17substance use disorder.
189. Sponsor and implement research in cooperation with
19local treatment programs into the causes and nature of
20substance misuse use disorder and treatment of persons with
21substance-related disorders a substance use disorder, and serve
22as a clearing house for information relating to substance
23misuse use disorder.
2410. Specify uniform methods for keeping statistical
25information by public and private agencies, organizations,
26and individuals, and collect and make available relevant
27statistical information, including number of persons treated,
28frequency of admission and readmission, and frequency and
29duration of treatment.
3011. Develop and implement, with the counsel and approval
31of the board council, the comprehensive plan for treatment
32of persons with substance-related disorders a substance use
33disorder in accordance with this chapter.
3412. Assist in the development of, and cooperate with,
35substance abuse use disorder education and treatment programs
-60-1for employees of state and local governments and businesses and
2industries in the state.
313. Utilize the support and assistance of interested
4persons in the community, particularly persons who are
5recovering from substance-related disorders a substance use
6disorder to encourage persons with substance-related disorders
7 a substance use disorder to voluntarily undergo treatment.
814. Cooperate with the commissioner of public safety in
9establishing and conducting programs designed to deal with the
10problem of persons operating motor vehicles while intoxicated.
1115. Encourage general hospitals and other appropriate
12health facilities to admit without discrimination persons
13with substance-related disorders a substance use disorder
14 and to provide them with adequate and appropriate treatment.
15The director may negotiate and implement contracts with
16hospitals and other appropriate health facilities with adequate
17detoxification facilities.
1816. Encourage all health and disability insurance programs
19to include substance-related substance use disorders as covered
20illnesses.
2117. Review all state health, welfare, education and
22treatment proposals to be submitted for federal funding under
23federal legislation, and advise the governor on provisions
24to be included relating to substance misuse use disorder and
25persons with substance-related disorders a substance use
26disorder.
27 Sec. 100. Section 125.12, subsections 1 and 3, Code 2023,
28are amended to read as follows:
291. The board council shall review the comprehensive
30substance abuse use disorder program implemented by the
31department for the treatment of persons with substance-related
32disorders a substance use disorder and concerned family
33members. Subject to the review of the board council, the
34director shall divide the state into appropriate regions
35for the conduct of the program and establish standards for
-61-1the development of the program on the regional level. In
2establishing the regions, consideration shall be given to city
3and county lines, population concentrations, and existing
4substance abuse use disorder treatment services.
53. The director shall provide for adequate and appropriate
6treatment for persons with substance-related disorders a
7substance use disorder and concerned family members admitted
8under sections 125.33 and 125.34, or under section 125.75,
9125.81, or 125.91. Treatment shall not be provided at a
10correctional institution except for inmates. A mental health
11professional who is employed by a treatment provider under the
12program may provide treatment to a person with co-occurring
13substance-related substance use and mental health disorders.
14Such treatment may also be provided by a person employed by
15such a treatment provider who is receiving the supervision
16required to meet the definition of mental health professional
17but has not completed the supervision component.
18 Sec. 101. Section 125.13, subsection 1, paragraph a, Code
192023, is amended to read as follows:
20a. Except as provided in subsection 2, a person shall not
21maintain or conduct any chemical substitutes or antagonists
22program, residential program, or nonresidential outpatient
23program, the primary purpose of which is the treatment and
24rehabilitation of persons with substance-related disorders a
25substance use disorder without having first obtained a written
26license for the program from the department.
27 Sec. 102. Section 125.13, subsection 2, paragraphs a, b, c,
28f, i, and j, Code 2023, are amended to read as follows:
29a. A hospital providing care or treatment to persons
30with substance-related disorders a substance use disorder
31 licensed under chapter 135B which is accredited by the joint
32commission on the accreditation of health care organizations,
33the commission on accreditation of rehabilitation facilities,
34the American osteopathic association, or another recognized
35organization approved by the board council. All survey reports
-62-1from the accrediting or licensing body must be sent to the
2department.
3b. Any practitioner of medicine and surgery or osteopathic
4medicine and surgery, in the practitioner’s private practice.
5However, a program shall not be exempted from licensing by the
6board council by virtue of its utilization of the services of a
7medical practitioner in its operation.
8c. Private institutions conducted by and for persons who
9adhere to the faith of any well recognized church or religious
10denomination for the purpose of providing care, treatment,
11counseling, or rehabilitation to persons with substance-related
12disorders a substance use disorder and who rely solely on
13prayer or other spiritual means for healing in the practice of
14religion of such church or denomination.
15f. Individuals in private practice who are providing
16substance abuse use disorder treatment services independent
17from a program that is required to be licensed under subsection
181.
19i. A substance abuse use disorder treatment program not
20funded by the department which is accredited or licensed
21by the joint commission on the accreditation of health
22care organizations, the commission on the accreditation
23of rehabilitation facilities, the American osteopathic
24association, or another recognized organization approved by
25the board council. All survey reports from the accrediting or
26licensing body must be sent to the department.
27j. A hospital substance abuse use disorder treatment program
28that is accredited or licensed by the joint commission on the
29accreditation of health care organizations, the commission on
30the accreditation of rehabilitation facilities, the American
31osteopathic association, or another recognized organization
32approved by the board council. All survey reports for the
33hospital substance abuse use disorder treatment program
34from the accrediting or licensing body shall be sent to the
35department.
-63-1 Sec. 103. Section 125.14, Code 2023, is amended to read as
2follows:
3125.14 Licenses — renewal — fees.
4The board council shall consider all cases involving initial
5issuance, and renewal, denial, suspension, or revocation
6of a license. The department shall issue a license to an
7applicant whom the board council determines meets the licensing
8requirements of this chapter. Licenses shall expire no
9later than three years from the date of issuance and shall be
10renewed upon timely application made in the same manner as
11for initial issuance of a license unless notice of nonrenewal
12is given to the licensee at least thirty days prior to the
13expiration of the license. The department shall not charge a
14fee for licensing or renewal of programs contracting with the
15department for provision of treatment services. A fee may be
16charged to other licensees.
17 Sec. 104. Section 125.14A, Code 2023, is amended to read as
18follows:
19125.14A Personnel of a licensed program admitting juveniles.
201. If a person is being considered for licensure under this
21chapter, or for employment involving direct responsibility for
22a child or with access to a child when the child is alone, by
23a program admitting juveniles subject to licensure under this
24chapter, or if a person will reside in a facility utilized
25by such a program, and if the person has been convicted of
26a crime or has a record of founded child abuse, the record
27check evaluation system of the department of human services
28 and the program, for an employee of the program, shall perform
29an evaluation to determine whether the crime or founded
30child abuse warrants prohibition of licensure, employment, or
31residence in the facility. The department of human services
32 record check evaluation system shall conduct criminal and
33child abuse record checks in this state and may conduct these
34checks in other states. The evaluation shall be performed in
35accordance with procedures adopted for this purpose by the
-64-1department of human services.
22. If the department of human services record check
3evaluation system determines that a person has committed a
4crime or has a record of founded child abuse and is licensed,
5employed by a program licensed under this chapter, or resides
6in a licensed facility the department record check evaluation
7system shall notify the program that an evaluation will be
8conducted to determine whether prohibition of the person’s
9licensure, employment, or residence is warranted.
103. In an evaluation, the department of human services
11 record check evaluation system and the program for an employee
12of the program shall consider the nature and seriousness of
13the crime or founded child abuse in relation to the position
14sought or held, the time elapsed since the commission of the
15crime or founded child abuse, the circumstances under which
16the crime or founded child abuse was committed, the degree of
17rehabilitation, the likelihood that the person will commit the
18crime or founded child abuse again, and the number of crimes
19or founded child abuses committed by the person involved. The
20department of human services record check evaluation system
21 may permit a person who is evaluated to be licensed, employed,
22or to reside, or to continue to be licensed, employed, or
23to reside in a program, if the person complies with the
24department’s record check evaluation system’s conditions
25relating to the person’s licensure, employment, or residence,
26which may include completion of additional training. For an
27employee of a licensee, these conditional requirements shall
28be developed with the licensee. The department of human
29services record check evaluation system has final authority
30in determining whether prohibition of the person’s licensure,
31employment, or residence is warranted and in developing any
32conditional requirements under this subsection.
334. If the department of human services record check
34evaluation system determines that the person has committed a
35crime or has a record of founded child abuse which warrants
-65-1prohibition of licensure, employment, or residence, the person
2shall not be licensed under this chapter to operate a program
3admitting juveniles and shall not be employed by a program or
4reside in a facility admitting juveniles licensed under this
5chapter.
65. In addition to the record checks required under this
7section, the department of human services record check
8evaluation system may conduct dependent adult abuse record
9checks in this state and may conduct these checks in other
10states, on a random basis. The provisions of this section,
11relative to an evaluation following a determination that a
12person has been convicted of a crime or has a record of founded
13child abuse, shall also apply to a random check conducted under
14this subsection.
156. Beginning July 1, 1994, a A program or facility shall
16inform all new applicants for employment of the possibility
17of the performance of a record check and shall obtain, from
18the applicant, a signed acknowledgment of the receipt of the
19information.
207. On or after July 1, 1994, a A program or facility shall
21include the following inquiry in an application for employment:
22Do you have a record of founded child or dependent adult abuse
23or have you ever been convicted of a crime, in this state or any
24other state?
25 Sec. 105. Section 125.15, Code 2023, is amended to read as
26follows:
27125.15 Inspections.
28The department may inspect the facilities and review the
29procedures utilized by any chemical substitutes or antagonists
30program, residential program, or nonresidential outpatient
31program that has as a primary purpose the treatment and
32rehabilitation of persons with substance-related disorders a
33substance use disorder, for the purpose of ensuring compliance
34with this chapter and the rules adopted pursuant to this
35chapter. The examination and review may include case record
-66-1audits and interviews with staff and patients, consistent with
2the confidentiality safeguards of state and federal law.
3 Sec. 106. Section 125.15A, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The department may place an employee or agent to serve as a
6monitor in a licensed substance abuse use disorder treatment
7program or may petition the court for appointment of a receiver
8for a program when any of the following conditions exist:
9 Sec. 107. Section 125.15A, subsection 1, paragraph b, Code
102023, is amended to read as follows:
11b. The board council has suspended, revoked, or refused to
12renew the existing license of the program.
13 Sec. 108. Section 125.16, Code 2023, is amended to read as
14follows:
15125.16 Transfer of license or change of location prohibited.
16A license issued under this chapter may not be transferred,
17and the location of the physical facilities occupied or
18utilized by any program licensed under this chapter shall not
19be changed without the prior written consent of the board
20 council.
21 Sec. 109. Section 125.17, Code 2023, is amended to read as
22follows:
23125.17 License suspension or revocation.
24Violation of any of the requirements or restrictions of
25this chapter or of any of the rules adopted pursuant to this
26chapter is cause for suspension, revocation, or refusal to
27renew a license. The director shall at the earliest time
28feasible notify a licensee whose license the board council
29 is considering suspending or revoking and shall inform the
30licensee what changes must be made in the licensee’s operation
31to avoid such action. The licensee shall be given a reasonable
32time for compliance, as determined by the director, after
33receiving such notice or a notice that the board council does
34not intend to renew the license. When the licensee believes
35compliance has been achieved, or if the licensee considers
-67-1the proposed suspension, revocation, or refusal to renew
2unjustified, the licensee may submit pertinent information to
3the board council and the board council shall expeditiously
4make a decision in the matter and notify the licensee of the
5decision.
6 Sec. 110. Section 125.18, Code 2023, is amended to read as
7follows:
8125.18 Hearing before board council.
9If a licensee under this chapter makes a written request
10for a hearing within thirty days of suspension, revocation,
11or refusal to renew a license, a hearing before the board
12 council shall be expeditiously arranged by the department of
13inspections and appeals whose decision is subject to review by
14the board council. The board council shall issue a written
15statement of the board’s council’s findings within thirty days
16after conclusion of the hearing upholding or reversing the
17proposed suspension, revocation, or refusal to renew a license.
18Action involving suspension, revocation, or refusal to renew a
19license shall not be taken by the board council unless a quorum
20is present at the meeting. A copy of the board’s council’s
21 decision shall be promptly transmitted to the affected licensee
22who may, if aggrieved by the decision, seek judicial review of
23the actions of the board council in accordance with the terms
24of chapter 17A.
25 Sec. 111. Section 125.19, Code 2023, is amended to read as
26follows:
27125.19 Reissuance or reinstatement.
28After suspension, revocation, or refusal to renew a license
29pursuant to this chapter, the affected licensee shall not have
30the license reissued or reinstated within one year of the
31effective date of the suspension, revocation, or expiration
32upon refusal to renew, unless the board council orders
33otherwise. After that time, proof of compliance with the
34requirements and restrictions of this chapter and the rules
35adopted pursuant to this chapter must be presented to the board
-68-1 council prior to reinstatement or reissuance of a license.
2 Sec. 112. Section 125.20, Code 2023, is amended to read as
3follows:
4125.20 Rules.
5The department shall establish rules pursuant to chapter
617A requiring facilities to use reasonable accounting and
7reimbursement systems which recognize relevant cost-related
8factors for patients with a substance abuse patients use
9disorder. A facility shall not be licensed nor shall any
10payment be made under this chapter to a facility which fails
11to comply with those rules or which does not permit inspection
12by the department or examination of all records, including
13financial records, methods of administration, general and
14special dietary programs, the disbursement of drugs and methods
15of supply, and any other records the department deems relevant
16to the establishment of such a system. However, rules issued
17pursuant to this paragraph shall not apply to any facility
18referred to in section 125.13, subsection 2 or section 125.43.
19 Sec. 113. Section 125.21, subsection 1, Code 2023, is
20amended to read as follows:
211. The board council has exclusive power in this state
22to approve and license chemical substitutes and antagonists
23programs, and to monitor chemical substitutes and antagonists
24programs to ensure that the programs are operating within the
25rules adopted pursuant to this chapter. The board council
26 shall grant approval and license if the requirements of the
27rules are met and state funding is not requested. The chemical
28substitutes and antagonists programs conducted by persons
29exempt from the licensing requirements of this chapter pursuant
30to section 125.13, subsection 2, are subject to approval and
31licensure under this section.
32 Sec. 114. Section 125.25, subsection 1, Code 2023, is
33amended to read as follows:
341. Before making any allocation of funds to a local
35substance abuse use disorder program, the department shall
-69-1require a detailed line item budget clearly indicating the
2funds received from each revenue source for the fiscal year
3for which the funds are requested on forms provided by the
4department for each program.
5 Sec. 115. Section 125.32, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7The department shall adopt and may amend and repeal rules
8for acceptance of persons into the treatment program, subject
9to chapter 17A, considering available treatment resources and
10facilities, for the purpose of early and effective treatment
11of persons with substance-related disorders a substance
12use disorder and concerned family members. In establishing
13the rules the department shall be guided by the following
14standards:
15 Sec. 116. Section 125.32A, Code 2023, is amended to read as
16follows:
17125.32A Discrimination prohibited.
18Any substance abuse use disorder treatment program receiving
19state funding under this chapter or any other chapter of the
20Code shall not discriminate against a person seeking treatment
21solely because the person is pregnant, unless the program
22in each instance identifies and refers the person to an
23alternative and acceptable treatment program for the person.
24 Sec. 117. Section 125.33, Code 2023, is amended to read as
25follows:
26125.33 Voluntary treatment of persons with substance-related
27disorders a substance use disorder.
281. A person with a substance-related substance use
29 disorder may apply for voluntary treatment or rehabilitation
30services directly to a facility or to a licensed physician and
31surgeon or osteopathic physician and surgeon or to a mental
32health professional. If the proposed patient is a minor or
33an incompetent person, a parent, a legal guardian or other
34legal representative may make the application. The licensed
35physician and surgeon or osteopathic physician and surgeon,
-70-1mental health professional, or any employee or person acting
2under the direction or supervision of the physician and
3surgeon or osteopathic physician and surgeon, mental health
4professional, or facility shall not report or disclose the
5name of the person or the fact that treatment was requested
6or has been undertaken to any law enforcement officer or law
7enforcement agency; nor shall such information be admissible as
8evidence in any court, grand jury, or administrative proceeding
9unless authorized by the person seeking treatment. If the
10person seeking such treatment or rehabilitation is a minor who
11has personally made application for treatment, the fact that
12the minor sought treatment or rehabilitation or is receiving
13treatment or rehabilitation services shall not be reported
14or disclosed to the parents or legal guardian of such minor
15without the minor’s consent, and the minor may give legal
16consent to receive such treatment and rehabilitation.
172. Subject to rules adopted by the department, the
18administrator or the administrator’s designee in charge of a
19facility may determine who shall be admitted for treatment
20or rehabilitation. If a person is refused admission, the
21administrator or the administrator’s designee, subject to rules
22adopted by the department, shall refer the person to another
23facility for treatment if possible and appropriate.
243. A person with a substance-related substance use
25 disorder seeking treatment or rehabilitation and who is
26either addicted to or dependent on a chemical substance may
27first be examined and evaluated by a licensed physician and
28surgeon or osteopathic physician and surgeon or a mental health
29professional who may prescribe, if authorized or licensed
30to do so, a proper course of treatment and medication, if
31needed. The licensed physician and surgeon or osteopathic
32physician and surgeon or mental health professional may further
33prescribe a course of treatment or rehabilitation and authorize
34another licensed physician and surgeon or osteopathic physician
35and surgeon, mental health professional, or facility to
-71-1provide the prescribed treatment or rehabilitation services.
2Treatment or rehabilitation services may be provided to a
3person individually or in a group. A facility providing or
4engaging in treatment or rehabilitation shall not report or
5disclose to a law enforcement officer or law enforcement
6agency the name of any person receiving or engaged in the
7treatment or rehabilitation; nor shall a person receiving or
8participating in treatment or rehabilitation report or disclose
9the name of any other person engaged in or receiving treatment
10or rehabilitation or that the program is in existence, to
11a law enforcement officer or law enforcement agency. Such
12information shall not be admitted in evidence in any court,
13grand jury, or administrative proceeding. However, a person
14engaged in or receiving treatment or rehabilitation may
15authorize the disclosure of the person’s name and individual
16participation.
174. If a patient receiving inpatient or residential care
18leaves a facility, the patient shall be encouraged to consent
19to appropriate outpatient or halfway house treatment. If it
20appears to the administrator in charge of the facility that
21the patient is a person with a substance-related substance
22use disorder who requires help, the director may arrange for
23assistance in obtaining supportive services.
245. If a patient leaves a facility, with or against the
25advice of the administrator in charge of the facility, the
26director may make reasonable provisions for the patient’s
27transportation to another facility or to the patient’s home.
28If the patient has no home the patient shall be assisted in
29obtaining shelter. If the patient is a minor or an incompetent
30person, the request for discharge from an inpatient facility
31shall be made by a parent, legal guardian, or other legal
32representative, or by the minor or incompetent person if the
33patient was the original applicant.
346. Any person who reports or discloses the name of a
35person receiving treatment or rehabilitation services to a
-72-1law enforcement officer or law enforcement agency or any
2person receiving treatment or rehabilitation services who
3discloses the name of any other person receiving treatment or
4rehabilitation services without the written consent of the
5person in violation of the provisions of this section shall
6upon conviction be guilty of a simple misdemeanor.
7 Sec. 118. Section 125.34, Code 2023, is amended to read as
8follows:
9125.34 Treatment and services for persons with
10substance-related disorders a substance use disorder due to
11intoxication and substance-induced incapacitation.
121. A person with a substance-related substance use disorder
13due to intoxication or substance-induced incapacitation may
14come voluntarily to a facility for emergency treatment. A
15person who appears to be intoxicated or incapacitated by a
16substance in a public place and in need of help may be taken
17to a facility by a peace officer under section 125.91. If
18the person refuses the proffered help, the person may be
19arrested and charged with intoxication under section 123.46,
20if applicable.
212. If no facility is readily available the person may
22be taken to an emergency medical service customarily used
23for incapacitated persons. The peace officer in detaining
24the person and in taking the person to a facility shall make
25every reasonable effort to protect the person’s health and
26safety. In detaining the person the detaining officer may take
27reasonable steps for self-protection. Detaining a person under
28section 125.91 is not an arrest and no entry or other record
29shall be made to indicate that the person who is detained has
30been arrested or charged with a crime.
313. A person who arrives at a facility and voluntarily
32submits to examination shall be examined by a licensed
33physician and surgeon or osteopathic physician and surgeon or
34mental health professional as soon as possible after the person
35arrives at the facility. The person may then be admitted as a
-73-1patient or referred to another health facility. The referring
2facility shall arrange for transportation.
34. If a person is voluntarily admitted to a facility, the
4person’s family or next of kin shall be notified as promptly
5as possible. If an adult patient who is not incapacitated
6requests that there be no notification, the request shall be
7respected.
85. A peace officer who acts in compliance with this section
9is acting in the course of the officer’s official duty and is
10not criminally or civilly liable therefor for such acts, unless
11such acts constitute willful malice or abuse.
126. If the physician and surgeon or osteopathic physician
13and surgeon in charge of the facility determines it is for the
14patient’s benefit, the patient shall be encouraged to agree to
15further diagnosis and appropriate voluntary treatment.
167. A licensed physician and surgeon or osteopathic
17physician and surgeon, mental health professional, facility
18administrator, or an employee or a person acting as or on
19behalf of the facility administrator, is not criminally or
20civilly liable for acts in conformity with this chapter, unless
21the acts constitute willful malice or abuse.
22 Sec. 119. Section 125.37, subsection 2, Code 2023, is
23amended to read as follows:
242. Notwithstanding subsection 1, the director may make
25available information from patients’ records for purposes of
26research into the causes and treatment of substance abuse use
27disorder. Information under this subsection shall not be
28published in a way that discloses patients’ names or other
29identifying information.
30 Sec. 120. Section 125.39, Code 2023, is amended to read as
31follows:
32125.39 Eligible entities.
33A local governmental unit which is providing funds to a
34facility for treatment of substance abuse use disorder may
35request from the facility a treatment program plan prior to
-74-1authorizing payment of any claims filed by the facility. The
2governing body of the local governmental unit may review the
3plan, but shall not impose on the facility any requirement
4conflicting with the comprehensive treatment program of the
5facility.
6 Sec. 121. Section 125.43, Code 2023, is amended to read as
7follows:
8125.43 Funding at mental health institutes.
9Chapter 230 governs the determination of the costs
10and payment for treatment provided to persons with
11substance-related disorders a substance use disorderin a
12mental health institute under the department of human services,
13except that the charges are not a lien on real estate owned
14by persons legally liable for support of the person with a
15substance-related substance use disorder and the daily per diem
16shall be billed at twenty-five percent. The superintendent of
17a state hospital mental health institute shall total only those
18expenditures which can be attributed to the cost of providing
19inpatient treatment to persons with substance-related disorders
20 a substance use disorder for purposes of determining the daily
21per diem. Section 125.44 governs the determination of who is
22legally liable for the cost of care, maintenance, and treatment
23of a person with a substance-related substance use disorder and
24of the amount for which the person is liable.
25 Sec. 122. Section 125.43A, Code 2023, is amended to read as
26follows:
27125.43A Prescreening — exception.
28Except in cases of medical emergency or court-ordered
29admissions, a person shall be admitted to a state mental health
30institute for treatment of a substance-related substance use
31 disorder only after a preliminary intake and assessment by a
32department-licensed treatment facility or a hospital providing
33care or treatment for persons with substance-related disorders
34 a substance use disorder licensed under chapter 135B and
35accredited by the joint commission on the accreditation of
-75-1health care organizations, the commission on accreditation
2of rehabilitation facilities, the American osteopathic
3association, or another recognized organization approved by
4the board council, or by a designee of a department-licensed
5treatment facility or a hospital other than a state mental
6health institute, which confirms that the admission is
7appropriate to the person’s substance-related substance use
8 disorder service needs. A county board of supervisors may seek
9an admission of a patient to a state mental health institute
10who has not been confirmed for appropriate admission and the
11county shall be responsible for one hundred percent of the cost
12of treatment and services of the patient.
13 Sec. 123. Section 125.44, Code 2023, is amended to read as
14follows:
15125.44 Agreements with facilities — liability for costs.
161. The director may, consistent with the comprehensive
17substance abuse use disorder program, enter into written
18agreements with a facility as defined in section 125.2 to pay
19for one hundred percent of the cost of the care, maintenance,
20and treatment of persons with substance-related disorders a
21substance use disorder, except when section 125.43A applies.
22All payments for state patients shall be made in accordance
23with the limitations of this section. Such contracts shall be
24for a period of no more than one year.
252. The contract may be in the form and contain provisions
26as agreed upon by the parties. The contract shall provide
27that the facility shall admit and treat persons with
28substance-related disorders a substance use disorder regardless
29of where they have residence. If one payment for care,
30maintenance, and treatment is not made by the patient or
31those legally liable for the patient, the payment shall be
32made by the department directly to the facility. Payments
33shall be made each month and shall be based upon the rate of
34payment for services negotiated between the department and the
35contracting facility. If a facility projects a temporary cash
-76-1flow deficit, the department may make cash advances at the
2beginning of each fiscal year to the facility. The repayment
3schedule for advances shall be part of the contract between the
4department and the facility. This section does not pertain to
5patients treated at the mental health institutes.
63. If the appropriation to the department is insufficient
7to meet the requirements of this section, the department shall
8request a transfer of funds and section 8.39 shall apply.
94. The person with a substance-related substance use
10 disorder is legally liable to the facility for the total amount
11of the cost of providing care, maintenance, and treatment for
12the person with a substance-related substance use disorder
13while a voluntary or committed patient in a facility. This
14section does not prohibit any individual from paying any
15portion of the cost of treatment.
165. The department is liable for the cost of care, treatment,
17and maintenance of persons with substance-related disorders a
18substance use disorder admitted to the facility voluntarily or
19pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
20or 124.409 only to those facilities that have a contract with
21the department under this section, only for the amount computed
22according to and within the limits of liability prescribed by
23this section, and only when the person with a substance-related
24 substance use disorder is unable to pay the costs and there is
25no other person, firm, corporation, or insurance company bound
26to pay the costs.
276. The department’s maximum liability for the costs of care,
28treatment, and maintenance of persons with substance-related
29disorders a substance use disorder in a contracting facility
30is limited to the total amount agreed upon by the parties and
31specified in the contract under this section.
32 Sec. 124. Section 125.46, Code 2023, is amended to read as
33follows:
34125.46 County of residence determined.
35The facility shall, when a person with a substance-related
-77-1 substance use disorder is admitted, or as soon thereafter as
2it receives the proper information, determine and enter upon
3its records the Iowa county of residence of the person with a
4substance-related substance use disorder, or that the person
5resides in some other state or country, or that the person is
6unclassified with respect to residence.
7 Sec. 125. Section 125.55, Code 2023, is amended to read as
8follows:
9125.55 Audits.
10All licensed substance abuse use disorder programs are
11subject to annual audit either by the auditor of state or in
12lieu of an audit by the auditor of state the substance abuse
13 use disorder program may contract with or employ certified
14public accountants to conduct the audit, in accordance with
15sections 11.6, 11.14, and 11.19. The audit format shall be
16as prescribed by the auditor of state. The certified public
17accountant shall submit a copy of the audit to the director. A
18licensed substance abuse use disorder program is also subject
19to special audits as the director requests. The licensed
20substance abuse use disorder program or the department shall
21pay all expenses incurred by the auditor of state in conducting
22an audit under this section.
23 Sec. 126. Section 125.58, Code 2023, is amended to read as
24follows:
25125.58 Inspection — penalties.
261. If the department has probable cause to believe that
27an institution, place, building, or agency not licensed as
28a substance abuse use disorder treatment and rehabilitation
29facility is in fact a substance abuse use disorder treatment
30and rehabilitation facility as defined by this chapter, and
31is not exempt from licensing by section 125.13, subsection 2,
32the board council may order an inspection of the institution,
33place, building, or agency. If the inspector upon presenting
34proper identification is denied entry for the purpose of making
35the inspection, the inspector may, with the assistance of
-78-1the county attorney of the county in which the premises are
2located, apply to the district court for an order requiring
3the owner or occupant to permit entry and inspection of the
4premises to determine whether there have been violations
5of this chapter. The investigation may include review of
6records, reports, and documents maintained by the facility
7and interviews with staff members consistent with the
8confidentiality safeguards of state and federal law.
92. A person establishing, conducting, managing, or
10operating a substance abuse use disorder treatment and
11rehabilitation facility without a license is guilty of a
12serious misdemeanor. Each day of continued violation after
13conviction or notice from the department by certified mail of a
14violation shall be considered a separate offense or chargeable
15offense. A person establishing, conducting, managing or
16operating a substance abuse use disorder treatment and
17rehabilitation facility without a license may be temporarily
18or permanently restrained therefrom by a court of competent
19jurisdiction in an action brought by the state.
203. Notwithstanding the existence or pursuit of any other
21remedy, the department may, in the manner provided by law,
22maintain an action in the name of the state for injunction or
23other process against a person or governmental unit to restrain
24or prevent the establishment, conduct, management or operation
25of a substance abuse use disorder treatment and rehabilitation
26facility without a license.
27 Sec. 127. Section 125.59, subsection 1, paragraph a,
28unnumbered paragraph 1, Code 2023, is amended to read as
29follows:
30Of these funds, notwithstanding section 125.13, subsection
311, one-half of the transferred amount shall be used for grants
32to counties operating a substance abuse use disorder program
33involving only education, prevention, referral or posttreatment
34services, either with the counties’ own employees or by
35contract with a nonprofit corporation. The grants shall not
-79-1annually exceed ten thousand dollars to any one county, subject
2to the following conditions:
3 Sec. 128. Section 125.59, subsection 1, paragraph b, Code
42023, is amended to read as follows:
5b. If the transferred amount for this subsection exceeds
6grant requests funded to the ten thousand dollar maximum,
7the department of public health may use the remainder for
8activities and public information resources that align with
9best practices for substance-related substance use disorder
10prevention or to increase grants pursuant to subsection 2.
11 Sec. 129. Section 125.75, subsection 1, Code 2023, is
12amended to read as follows:
131. Proceedings for the involuntary commitment or treatment
14of a person with a substance-related substance use disorder
15to a facility pursuant to this chapter or for the involuntary
16hospitalization of a person pursuant to chapter 229 may
17be commenced by any interested person by filing a verified
18application with the clerk of the district court of the
19county where the respondent is presently located or which
20is the respondent’s place of residence. The clerk or the
21clerk’s designee shall assist the applicant in completing the
22application.
23 Sec. 130. Section 125.75, subsection 2, paragraph a,
24subparagraph (1), Code 2023, is amended to read as follows:
25(1) A substance-related substance use disorder as defined
26in section 125.2.
27 Sec. 131. Section 125.80, subsections 3 and 4, Code 2023,
28are amended to read as follows:
293. If the report of a court-designated licensed physician
30and surgeon or osteopathic physician and surgeon or mental
31health professional is to the effect that the respondent is
32not a person with a substance-related substance use disorder,
33the court, without taking further action, shall terminate the
34proceeding and dismiss the application on its own motion and
35without notice.
-80- 14. If the report of a court-designated licensed physician
2and surgeon or osteopathic physician and surgeon or mental
3health professional is to the effect that the respondent is a
4person with a substance-related substance use disorder, the
5court shall schedule a commitment hearing as soon as possible.
6The hearing shall be held not more than forty-eight hours
7after the report is filed, excluding Saturdays, Sundays, and
8holidays, unless an extension for good cause is requested
9by the respondent, or as soon thereafter as possible if the
10court considers that sufficient grounds exist for delaying the
11hearing.
12 Sec. 132. Section 125.81, subsection 1, Code 2023, is
13amended to read as follows:
141. If a person filing an application requests that a
15respondent be taken into immediate custody, and the court upon
16reviewing the application and accompanying documentation, finds
17probable cause to believe that the respondent is a person with
18a substance-related substance use disorder who is likely to
19injure the person or other persons if allowed to remain at
20liberty, the court may enter a written order directing that
21the respondent be taken into immediate custody by the sheriff,
22and be detained until the commitment hearing, which shall
23be held no more than five days after the date of the order,
24except that if the fifth day after the date of the order is
25a Saturday, Sunday, or a holiday, the hearing may be held on
26the next business day. The court may order the respondent
27detained for the period of time until the hearing is held, and
28no longer except as provided in section 125.88, in accordance
29with subsection 2, paragraph “a”, if possible, and if not, then
30in accordance with subsection 2, paragraph “b”, or, only if
31neither of these alternatives is available in accordance with
32subsection 2, paragraph “c”.
33 Sec. 133. Section 125.81, subsection 2, paragraph c, Code
342023, is amended to read as follows:
35c. In the nearest facility which is licensed to care for
-81-1persons with mental illness or substance abuse use disorder,
2provided that detention in a jail or other facility intended
3for confinement of those accused or convicted of a crime shall
4not be ordered.
5 Sec. 134. Section 125.82, subsections 3 and 4, Code 2023,
6are amended to read as follows:
73. The person who filed the application and a licensed
8physician and surgeon or osteopathic physician and surgeon,
9mental health professional, or certified alcohol and drug
10counselor certified by the nongovernmental Iowa board of
11substance abuse certification who has examined the respondent
12in connection with the commitment hearing shall be present
13at the hearing, unless the court for good cause finds that
14their presence or testimony is not necessary. The applicant,
15respondent, and the respondent’s attorney may waive the
16presence or telephonic appearance of the licensed physician
17and surgeon or osteopathic physician and surgeon, mental
18health professional, or certified alcohol and drug counselor
19who examined the respondent and agree to submit as evidence
20the written report of the licensed physician and surgeon or
21osteopathic physician and surgeon, mental health professional,
22or certified alcohol and drug counselor. The respondent’s
23attorney shall inform the court if the respondent’s attorney
24reasonably believes that the respondent, due to diminished
25capacity, cannot make an adequately considered waiver decision.
26“Good cause” for finding that the testimony of the licensed
27physician and surgeon or osteopathic physician and surgeon,
28mental health professional, or certified alcohol and drug
29counselor who examined the respondent is not necessary may
30include, but is not limited to, such a waiver. If the court
31determines that the testimony of the licensed physician and
32surgeon or osteopathic physician and surgeon, mental health
33professional, or certified alcohol and drug counselor is
34necessary, the court may allow the licensed physician and
35surgeon or osteopathic physician and surgeon, mental health
-82-1professional, or certified alcohol and drug counselor to
2testify by telephone. The respondent shall be present at the
3hearing unless prior to the hearing the respondent’s attorney
4stipulates in writing that the attorney has conversed with the
5respondent, and that in the attorney’s judgment the respondent
6cannot make a meaningful contribution to the hearing, or that
7the respondent has waived the right to be present, and the
8basis for the attorney’s conclusions. A stipulation to the
9respondent’s absence shall be reviewed by the court before the
10hearing, and may be rejected if it appears that insufficient
11grounds are stated or that the respondent’s interests would not
12be served by the respondent’s absence.
134. The respondent’s welfare is paramount, and the hearing
14shall be tried as a civil matter and conducted in as informal a
15manner as is consistent with orderly procedure. The hearing
16may be held by video conference at the discretion of the
17court. Discovery as permitted under the Iowa rules of civil
18procedure is available to the respondent. The court shall
19receive all relevant and material evidence, but the court is
20not bound by the rules of evidence. A presumption in favor of
21the respondent exists, and the burden of evidence and support
22of the contentions made in the application shall be upon the
23person who filed the application. If upon completion of the
24hearing the court finds that the contention that the respondent
25is a person with a substance-related substance use disorder has
26not been sustained by clear and convincing evidence, the court
27shall deny the application and terminate the proceeding.
28 Sec. 135. Section 125.83, Code 2023, is amended to read as
29follows:
30125.83 Placement for evaluation.
31If upon completion of the commitment hearing, the court
32finds that the contention that the respondent is a person with
33a substance-related substance use disorder has been sustained
34by clear and convincing evidence, the court shall order the
35respondent placed at a facility or under the care of a suitable
-83-1facility on an outpatient basis as expeditiously as possible
2for a complete evaluation and appropriate treatment. The
3court shall furnish to the facility at the time of admission
4or outpatient placement, a written statement of facts setting
5forth the evidence on which the finding is based. The
6administrator of the facility shall report to the court no
7more than fifteen days after the individual is admitted to or
8placed under the care of the facility, which shall include the
9chief medical officer’s recommendation concerning treatment
10of a substance-related substance use disorder. An extension
11of time may be granted for a period not to exceed seven days
12upon a showing of good cause. A copy of the report shall be
13sent to the respondent’s attorney who may contest the need
14for an extension of time if one is requested. If the request
15is contested, the court shall make an inquiry as it deems
16appropriate and may either order the respondent released from
17the facility or grant extension of time for further evaluation.
18If the administrator fails to report to the court within
19fifteen days after the individual is admitted to the facility,
20and no extension of time has been requested, the administrator
21is guilty of contempt and shall be punished under chapter
22665. The court shall order a rehearing on the application to
23determine whether the respondent should continue to be held at
24the facility.
25 Sec. 136. Section 125.83A, subsection 1, Code 2023, is
26amended to read as follows:
271. If upon completion of the commitment hearing, the court
28finds that the contention that the respondent is a person with
29a substance-related substance use disorder has been sustained
30by clear and convincing evidence, and the court is furnished
31evidence that the respondent is eligible for care and treatment
32in a facility operated by the United States department of
33veterans affairs or another agency of the United States
34government and that the facility is willing to receive the
35respondent, the court may so order. The respondent, when so
-84-1placed in a facility operated by the United States department
2of veterans affairs or another agency of the United States
3government within or outside of this state, shall be subject to
4the rules of the United States department of veterans affairs
5or other agency, but shall not lose any procedural rights
6afforded the respondent by this chapter. The chief officer
7of the facility shall have, with respect to the respondent
8so placed, the same powers and duties as the chief medical
9officer of a hospital in this state would have in regard to
10submission of reports to the court, retention of custody,
11transfer, convalescent leave, or discharge. Jurisdiction
12is retained in the court to maintain surveillance of the
13respondent’s treatment and care, and at any time to inquire
14into the respondent’s condition and the need for continued care
15and custody.
16 Sec. 137. Section 125.84, Code 2023, is amended to read as
17follows:
18125.84 Evaluation report.
19The facility administrator’s report to the court of the
20chief medical officer’s substance abuse use disorder evaluation
21of the respondent shall be made no later than the expiration of
22the time specified in section 125.83. At least two copies of
23the report shall be filed with the clerk, who shall distribute
24the copies in the manner described by section 125.80,
25subsection 2. The report shall state one of the four following
26alternative findings:
271. That the respondent does not, as of the date of the
28report, require further treatment for substance abuse use
29disorder. If the report so states, the court shall order the
30respondent’s immediate release from involuntary commitment and
31terminate the proceedings.
322. That the respondent is a person with a substance-related
33 substance use disorder who is in need of full-time custody,
34care, and treatment in a facility, and is considered likely
35to benefit from treatment. If the report so states, the
-85-1court shall enter an order which may require the respondent’s
2continued placement and commitment to a facility for
3appropriate treatment.
43. That the respondent is a person with a substance-related
5 substance use disorder who is in need of treatment, but does
6not require full-time placement in a facility. If the report
7so states, the report shall include the chief medical officer’s
8recommendation for treatment of the respondent on an outpatient
9or other appropriate basis, and the court shall enter an order
10which may direct the respondent to submit to the recommended
11treatment. The order shall provide that if the respondent
12fails or refuses to submit to treatment, as directed by the
13court’s order, the court may order that the respondent be
14taken into immediate custody as provided by section 125.81
15and, following notice and hearing held in accordance with
16the procedures of sections 125.77 and 125.82, may order the
17respondent treated as a patient requiring full-time custody,
18care, and treatment as provided in subsection 2, and may order
19the respondent involuntarily committed to a facility.
204. That the respondent is a person with a substance-related
21 substance use disorder who is in need of treatment, but in
22the opinion of the chief medical officer is not responding to
23the treatment provided. If the report so states, the report
24shall include the facility administrator’s recommendation for
25alternative placement, and the court shall enter an order
26which may direct the respondent’s transfer to the recommended
27placement or to another placement after consultation with
28respondent’s attorney and the facility administrator who made
29the report under this subsection.
30 Sec. 138. Section 125.85, subsection 1, Code 2023, is
31amended to read as follows:
321. A respondent committed under section 125.84, subsection
332, shall remain in the custody of a facility for treatment
34for a period of thirty days, unless sooner discharged. The
35department is not required to pay the cost of any medication or
-86-1procedure provided to the respondent during that period which
2is not necessary or appropriate to the specific objectives
3of detoxification and treatment of substance abuse use
4disorder. At the end of the thirty-day period, the respondent
5shall be discharged automatically unless the administrator
6of the facility, before expiration of the period, obtains a
7court order for the respondent’s recommitment pursuant to an
8application under section 125.75, for a further period not to
9exceed ninety days.
10 Sec. 139. Section 125.91, Code 2023, is amended to read as
11follows:
12125.91 Emergency detention.
131. The procedure prescribed by this section shall only
14be used for a person with a substance-related substance
15use disorder due to intoxication or substance-induced
16incapacitation who has threatened, attempted, or inflicted
17physical self-harm or harm on another, and is likely to inflict
18physical self-harm or harm on another unless immediately
19detained, or who is incapacitated by a substance, if an
20application has not been filed naming the person as the
21respondent pursuant to section 125.75 and the person cannot be
22ordered into immediate custody and detained pursuant to section
23125.81.
242. a. A peace officer who has reasonable grounds to believe
25that the circumstances described in subsection 1 are applicable
26may, without a warrant, take or cause that person to be taken
27to the nearest available facility referred to in section
28125.81, subsection 2, paragraph “b” or “c”. Such a person with
29a substance-related substance use disorder due to intoxication
30or substance-induced incapacitation who also demonstrates
31a significant degree of distress or dysfunction may also
32be delivered to a facility by someone other than a peace
33officer upon a showing of reasonable grounds. Upon delivery
34of the person to a facility under this section, the attending
35physician and surgeon or osteopathic physician and surgeon may
-87-1order treatment of the person, but only to the extent necessary
2to preserve the person’s life or to appropriately control
3the person’s behavior if the behavior is likely to result in
4physical injury to the person or others if allowed to continue.
5The peace officer or other person who delivered the person to
6the facility shall describe the circumstances of the matter to
7the attending physician and surgeon or osteopathic physician
8and surgeon. If the person is a peace officer, the peace
9officer may do so either in person or by written report.
10b. If the attending physician and surgeon or osteopathic
11physician and surgeon has reasonable grounds to believe that
12the circumstances in subsection 1 are applicable, the facility
13shall have the authority to detain the person for a period of
14no longer than twelve hours. Within twelve hours of detaining
15a person pursuant to this section, the attending physician
16shall communicate with the nearest available magistrate.
17c. Once contacted pursuant to paragraph “b”, the magistrate
18shall, based upon the circumstances described by the attending
19physician and surgeon or osteopathic physician and surgeon,
20give the attending physician and surgeon or osteopathic
21physician and surgeon oral instructions either directing that
22the person be released forthwith, or authorizing the person’s
23detention in an appropriate facility. The magistrate may also
24give oral instructions and order that the detained person be
25transported to an appropriate facility.
26d. If the magistrate orders that the person be detained, the
27magistrate shall, by the close of business on the next working
28day, file a written order with the clerk in the county where it
29is anticipated that an application may be filed under section
30125.75. The order may be filed by facsimile if necessary. The
31order shall state the circumstances under which the person was
32taken into custody or otherwise brought to a facility and the
33grounds supporting the finding of probable cause to believe
34that the person is a person with a substance-related substance
35use disorder likely to result in physical injury to the person
-88-1or others if not detained. The order shall confirm the oral
2order authorizing the person’s detention including any order
3given to transport the person to an appropriate facility. The
4clerk shall provide a copy of that order to the attending
5physician and surgeon or osteopathic physician and surgeon at
6the facility to which the person was originally taken, any
7subsequent facility to which the person was transported, and
8to any law enforcement department or ambulance service that
9transported the person pursuant to the magistrate’s order.
103. The attending physician and surgeon or osteopathic
11physician and surgeon shall examine and may detain the person
12pursuant to the magistrate’s order for a period not to exceed
13forty-eight hours from the time the order is dated, excluding
14Saturdays, Sundays, and holidays, unless the order is dismissed
15by a magistrate. The facility may provide treatment which is
16necessary to preserve the person’s life or to appropriately
17control the person’s behavior if the behavior is likely to
18result in physical injury to the person or others if allowed
19to continue or is otherwise deemed medically necessary by
20the attending physician and surgeon or osteopathic physician
21and surgeon or mental health professional, but shall not
22otherwise provide treatment to the person without the person’s
23consent. The person shall be discharged from the facility and
24released from detention no later than the expiration of the
25forty-eight-hour period, unless an application for involuntary
26commitment is filed with the clerk pursuant to section 125.75.
27The detention of a person by the procedure in this section, and
28not in excess of the period of time prescribed by this section,
29shall not render the peace officer, attending physician and
30surgeon or osteopathic physician and surgeon, or facility
31detaining the person liable in a criminal or civil action
32for false arrest or false imprisonment if the peace officer,
33attending physician and surgeon or osteopathic physician
34and surgeon, mental health professional, or facility had
35reasonable grounds to believe that the circumstances described
-89-1in subsection 1 were applicable.
24. The cost of detention in a facility under the procedure
3prescribed in this section shall be paid in the same way as if
4the person had been committed to the facility pursuant to an
5application filed under section 125.75.
6 Sec. 140. Section 125.93, Code 2023, is amended to read as
7follows:
8125.93 Commitment records — confidentiality.
9Records of the identity, diagnosis, prognosis, or treatment
10of a person which are maintained in connection with the
11provision of substance abuse use disorder treatment services
12are confidential, consistent with the requirements of section
13125.37, and with the federal confidentiality regulations
14authorized by the federal Drug Abuse Office and Treatment Act,
15 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
16and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
17U.S.C. §290dd-2. However, such records may be disclosed to an
18employee of the department of corrections, if authorized by the
19director of the department of corrections, or to an employee
20of a judicial district department of correctional services, if
21authorized by the director of the judicial district department
22of correctional services.
23 Sec. 141. Section 135.1, Code 2023, is amended to read as
24follows:
25135.1 Definitions.
26For the purposes of chapter 155 and Title IV, subtitle 2,
27excluding chapter 146, unless otherwise defined:
281. “Director” shall mean means the director of public health
29and human services.
302. “Health officer” means the physician, physician
31assistant, advanced registered nurse practitioner, or advanced
32practice registered nurse who is the health officer of the
33local board of health.
343. “Local board” shall mean means the local board of health.
354. “Physician” means a person licensed to practice
-90-1medicine and surgery, osteopathic medicine and surgery,
2chiropractic, podiatry, or optometry under the laws of this
3state; but a person licensed as a physician and surgeon shall
4be designated as a “physician” or “surgeon”, a person licensed
5as an osteopathic physician and surgeon shall be designated
6as an “osteopathic physician” or “osteopathic surgeon”, a
7person licensed as a chiropractor shall be designated as a
8“chiropractor”, a person licensed as a podiatrist shall be
9designated as a “podiatric physician”, and a person licensed
10as an optometrist shall be designated as an “optometrist”. A
11definition or designation contained in this subsection shall
12not be interpreted to expand the scope of practice of such
13licensees.
145. “Rules” shall include regulations and orders.
156. “State department” or “department” shall mean means the
16Iowa department of public health and human services.
17 Sec. 142. Section 135.11, Code 2023, is amended to read as
18follows:
19135.11 Duties Public health duties of department.
20The director of public health shall be the head of the “Iowa
21Department of Public Health”, which department shall:
221. Exercise general supervision over the public health,
23promote public hygiene and sanitation, prevent substance abuse
24 use disorder and unless otherwise provided, enforce the laws
25relating to the same.
262. Conduct campaigns for the education of the people in
27hygiene and sanitation.
283. Issue monthly health bulletins containing fundamental
29health principles and other health data deemed of public
30interest.
314. Make investigations and surveys in respect to the
32causes of disease and epidemics, and the effect of locality,
33employment, and living conditions upon the public health. For
34this purpose the department may use the services of the experts
35connected with the state hygienic laboratory at the state
-91-1university of Iowa.
25. Establish stations throughout the state for the
3distribution of antitoxins and vaccines to physicians,
4druggists pharmacists, and other persons, at cost. All
5antitoxin and vaccine thus distributed shall be labeled “Iowa
6Department of Public Health and Human Services”.
76. Exercise general supervision over the administration and
8enforcement of the sexually transmitted diseases and infections
9law, chapter 139A, subchapter II.
107. Exercise sole jurisdiction over the disposal and
11transportation of the dead bodies of human beings and prescribe
12the methods to be used in preparing such bodies for disposal
13and transportation. However, the department may approve
14a request for an exception to the application of specific
15embalming and disposition rules adopted pursuant to this
16subsection if such rules would otherwise conflict with tenets
17and practices of a recognized religious denomination to which
18the deceased individual adhered or of which denomination the
19deceased individual was a member. The department shall inform
20the board of mortuary science of any such approved exception
21which may affect services provided by a funeral director
22licensed pursuant to chapter 156.
238. Establish, publish, and enforce rules which require
24companies, corporations, and other entities to obtain a permit
25from the department prior to scattering cremated human remains.
269. Exercise general supervision over the administration and
27enforcement of the vital statistics law, chapter 144.
2810. Enforce the law relative to chapter 146 and
29“Health-related Professions”, Title IV, subtitle 3, excluding
30chapter 155.
3111. Establish and maintain divisions as are necessary
32for the proper enforcement of the laws administered by the
33department.
3412. 11. Establish, publish, and enforce rules not
35inconsistent with law for the enforcement of the provisions
-92-1of chapters 125 and 155, and Title IV, subtitle 2, excluding
2chapter 146 and for the enforcement of the various laws, the
3administration and supervision of which are imposed upon the
4department.
513. 12. Administer healthy aging and essential public
6health services by approving grants of state funds to the local
7boards of health for the purposes of promoting healthy aging
8throughout the lifespan and enhancing health promotion and
9disease prevention services, and by providing guidelines for
10the approval of the grants and allocation of the state funds.
11Guidelines, evaluation requirements and formula allocation
12procedures for the services shall be established by the
13department by rule.
1414. 13. Administer chapters 125, 136A, 136C, 139A, 142,
15142A, 144, and 147A.
1615. Issue an annual report to the governor as provided in
17section 7E.3, subsection 4.
1816. 14. Consult with the office of statewide clinical
19education programs at the university of Iowa college of
20medicine and annually submit a report to the general assembly
21by January 15 verifying the number of physicians in active
22practice in Iowa by county who are engaged in providing
23obstetrical care. To the extent data are readily available,
24the report shall include information concerning the number
25of deliveries per year by specialty and county, the age of
26physicians performing deliveries, and the number of current
27year graduates of the university of Iowa college of medicine
28and the Des Moines university — osteopathic medical center
29entering into residency programs in obstetrics, gynecology,
30and family practice. The report may include additional
31data relating to access to obstetrical services that may be
32available.
3317. 15. Administer the statewide maternal and child health
34program and the program for children with disabilities by
35conducting mobile and regional child health specialty clinics
-93-1and conducting other activities to improve the health of
2low-income women and children and to promote the welfare of
3children with actual or potential conditions which may cause
4disabilities and children with chronic illnesses in accordance
5with the requirements of Tit.V of the federal Social Security
6Act. The department shall provide technical assistance to
7encourage the coordination and collaboration of state agencies
8in developing outreach centers which provide publicly supported
9services for pregnant women, infants, and children. The
10department shall also, through cooperation and collaborative
11agreements with the department of human services and the
12 mobile and regional child health specialty clinics, establish
13common intake proceedings for maternal and child health
14services. The department shall work in cooperation with the
15legislative services agency in monitoring the effectiveness of
16the maternal and child health centers, including the provision
17of transportation for patient appointments and the keeping of
18scheduled appointments.
1918. 16. Establish, publish, and enforce rules requiring
20prompt reporting of methemoglobinemia, pesticide poisoning, and
21the reportable poisonings and illnesses established pursuant
22to section 139A.21.
2319. 17. Collect and maintain reports of pesticide
24poisonings and other poisonings, illnesses, or injuries
25caused by selected chemical or physical agents,
26including methemoglobinemia and pesticide and fertilizer
27hypersensitivity; and compile and publish, annually, a
28statewide and county-by-county profile based on the reports.
2920. 18. Adopt rules which require personnel of a licensed
30hospice, of a homemaker-home health aide provider agency
31which receives state homemaker-home health aide funds, or of
32an agency which provides respite care services and receives
33funds to complete training concerning blood-borne pathogens,
34including human immunodeficiency virus and viral hepatitis,
35consistent with standards from the federal occupational safety
-94-1and health administration.
221. 19. Adopt rules which require all emergency medical
3services personnel, fire fighters, and law enforcement
4personnel to complete training concerning blood-borne
5pathogens, including human immunodeficiency virus and
6viral hepatitis, consistent with standards from the federal
7occupational safety and health administration.
822. 20. Adopt rules which provide for the testing of a
9convicted or alleged offender for the human immunodeficiency
10virus pursuant to sections 915.40 through 915.43. The rules
11shall provide for the provision of counseling, health care, and
12support services to the victim.
1323. 21. Establish ad hoc and advisory committees to the
14director in areas where technical expertise is not otherwise
15readily available. Members may be compensated for their actual
16and necessary expenses incurred in the performance of their
17duties. To encourage health consumer participation, public
18members may also receive a per diem as specified in section
197E.6 if funds are available and the per diem is determined
20to be appropriate by the director. Expense moneys paid to
21the members shall be paid from funds appropriated to the
22department. A majority of the members of such a committee
23constitutes a quorum.
2424. 22. Administer annual grants to county boards of health
25for the purpose of conducting programs for the testing of
26private water supply wells, the closing of abandoned private
27water supply wells, and the renovation or rehabilitation of
28private water supply wells. Grants shall be funded through
29moneys transferred to the department from the agriculture
30management account of the groundwater protection fund pursuant
31to section 455E.11, subsection 2, paragraph “b”, subparagraph
32(2), subparagraph division (b). The department shall adopt
33rules relating to the awarding of the grants.
3425. 23. Establish and administer, if sufficient funds
35are available to the department, a program to assess and
-95-1forecast health workforce supply and demand in the state for
2the purpose of identifying current and projected workforce
3needs. The program may collect, analyze, and report data that
4furthers the purpose of the program. The program shall not
5release information that permits identification of individual
6respondents of program surveys.
726. 24. In consultation with the advisory committee for
8perinatal guidelines, develop and maintain the statewide
9perinatal program based on the recommendations of the American
10academy of pediatrics and the American college of obstetricians
11and gynecologists contained in the most recent edition of
12the guidelines for perinatal care, and shall adopt rules in
13accordance with chapter 17A to implement those recommendations.
14Hospitals within the state shall determine whether to
15participate in the statewide perinatal program, and select the
16hospital’s level of participation in the program. A hospital
17having determined to participate in the program shall comply
18with the guidelines appropriate to the level of participation
19selected by the hospital. Perinatal program surveys and
20reports are privileged and confidential and are not subject to
21discovery, subpoena, or other means of legal compulsion for
22their release to a person other than the affected hospital, and
23are not admissible in evidence in a judicial or administrative
24proceeding other than a proceeding involving verification of
25the participating hospital under this subsection.
2627. 25. In consultation with the department of corrections,
27the antibiotic resistance task force, and the American
28federation of state, county and municipal employees, develop
29educational programs to increase awareness and utilization of
30infection control practices in institutions listed in section
31904.102.
3228. 26. Administer the Iowa youth survey, in collaboration
33with other state agencies, as appropriate, every two years to
34students in grades six, eight, and eleven in Iowa’s public
35and nonpublic schools. Survey data shall be evaluated and
-96-1reported, with aggregate data available online at the Iowa
2youth survey internet site.
3 Sec. 143. Section 135.11A, Code 2023, is amended to read as
4follows:
5135.11A Professional licensure division — other licensing
6boards — expenses — fees.
71. There shall be a professional licensure division within
8the department of public health. Each board under chapter 147
9or under the administrative authority of the department, except
10the board of nursing, board of medicine, dental board, and
11board of pharmacy, shall receive administrative and clerical
12support from the division department and may not employ its
13own support staff for administrative and clerical duties. The
14executive director of the board of nursing, board of medicine,
15dental board, and board of pharmacy shall be appointed pursuant
16to section 135.11B.
172. The professional licensure division department and
18the licensing boards may expend funds in addition to amounts
19budgeted, if those additional expenditures are directly the
20result of actual examination and exceed funds budgeted for
21examinations. Before the division department or a licensing
22board expends or encumbers an amount in excess of the funds
23budgeted for examinations, the director of the department
24of management shall approve the expenditure or encumbrance.
25Before approval is given, the department of management shall
26determine that the examination expenses exceed the funds
27budgeted by the general assembly to the division department
28 or board and the division department or board does not have
29other funds from which examination expenses can be paid.
30Upon approval of the department of management, the division
31 department or licensing board may expend and encumber funds for
32excess examination expenses. The amounts necessary to fund
33the excess examination expenses shall be collected as fees
34from additional examination applicants and shall be treated as
35repayment receipts as defined in section 8.2.
-97-1 Sec. 144. Section 135.14, Code 2023, is amended to read as
2follows:
3135.14 State public health dental director — duties program.
41. The position of state public health dental director is
5established within the department.
62. The dental director department shall perform all of the
7following duties:
8a. 1. Plan and direct all work activities of the statewide
9public health dental program.
10b. 2. Develop comprehensive dental initiatives for
11prevention activities.
12c. 3. Evaluate the effectiveness of the statewide public
13health dental program and of program personnel.
14d. Manage the oral and health delivery systems bureau
15including direction, supervision, and fiscal management of
16bureau staff.
17e. 4. Other related work as required.
18 Sec. 145. Section 135.15, Code 2023, is amended to read as
19follows:
20135.15 Oral and health delivery systems bureau established —
21responsibilities.
22An oral and health delivery systems bureau is established
23within the division of health promotion and chronic disease
24prevention of the department. The bureau department shall be
25responsible for all of the following:
261. Providing population-based oral health services,
27including public health training, improvement of dental support
28systems for families, technical assistance, awareness-building
29activities, and educational services, at the state and local
30level to assist Iowans in maintaining optimal oral health
31throughout all stages of life.
322. Performing infrastructure building and enabling services
33through the administration of state and federal grant programs
34targeting access improvement, prevention, and local oral
35health programs utilizing maternal and child health programs,
-98-1Medicaid, and other new or existing programs.
23. Leveraging federal, state, and local resources for
3programs under the purview of the bureau department.
44. Facilitating ongoing strategic planning and application
5of evidence-based research in oral health care policy
6development that improves oral health care access and the
7overall oral health of all Iowans.
85. Developing and implementing an ongoing oral health
9surveillance system for the evaluation and monitoring of
10the oral health status of children and other underserved
11populations.
126. Facilitating the provision of oral health services
13through dental homes. For the purposes of this section,
14“dental home” means a network of individualized care based on
15risk assessment, which includes oral health education, dental
16screenings, preventive services, diagnostic services, treatment
17services, and emergency services.
18 Sec. 146. Section 135.16A, subsection 2, Code 2023, is
19amended to read as follows:
202. a. The department of inspections and appeals shall
21assist the Iowa department of public health in adopting rules
22necessary to implement and administer this section.
23b. If necessary to implement, administer, and enforce this
24section, the Iowa department of public health, in cooperation
25with the department of agriculture and land stewardship, shall
26submit a request to the United States department of agriculture
27for a waiver or other exception from regulations as deemed
28feasible by the Iowa department of public health. The Iowa
29 department of public health shall regularly report the status
30of such request to the legislative services agency.
31 Sec. 147. Section 135.22A, subsection 2, Code 2023, is
32amended to read as follows:
332. The advisory council on brain injuries is established.
34The following persons or their designees shall serve as ex
35officio, nonvoting members of the council:
-99- 1a. The director of public health and human services or the
2director’s designee.
3b. The director of human services and any division
4administrators of the department of human services so assigned
5by the director.
6c. b. The director of the department of education.
7d. c. The chief of the special education bureau of the
8department of education.
9e. d. The administrator of the division of vocational
10rehabilitation services of the department of education.
11f. e. The director of the department for the blind.
12 Sec. 148. Section 135.22B, subsections 1, 2, 6, and 7, Code
132023, are amended to read as follows:
141. Definitions. For the purposes of this section:,
15a. “Brain injury services waiver” “brain injury services
16waiver” means the state’s medical assistance home and
17community-based services waiver for persons with brain injury
18implemented under chapter 249A.
19b. “Program administrator” means the division of the
20department designated to administer the brain injury services
21program in accordance with subsection 2.
222. Program created.
23a. A brain injury services program is created and shall be
24administered by a division of the Iowa department of public
25health in cooperation with counties and the department of human
26services.
27b. The division of the department assigned to administer the
28advisory council on brain injuries under section 135.22A shall
29be the program administrator. The division department’s duties
30shall include but are not limited to serving as the fiscal
31agent and contract administrator for the program and providing
32program oversight.
33c. The division department shall consult with the advisory
34council on brain injuries, established pursuant to section
35135.22A, regarding the program and shall report to the council
-100-1concerning the program at least quarterly. The council shall
2make recommendations to the department concerning the program’s
3operation.
46. Cost-share requirements.
5a. The cost-share component’s financial eligibility
6requirements shall be established in administrative rule. In
7establishing the requirements, the department shall consider
8the eligibility and cost-share requirements used for the hawk-i
9 Hawki program under chapter 514I.
10b. An individual’s cost-share responsibility for services
11under the cost-share component shall be determined on a
12sliding scale based upon the individual’s family income. An
13individual’s cost-share shall be assessed as a copayment, which
14shall not exceed thirty percent of the cost payable for the
15service.
16c. The service provider shall bill the department for the
17portion of the cost payable for the service that is not covered
18by the individual’s copayment responsibility.
197. Application process.
20a. The application materials for services under the
21cost-share component of the brain injury services program
22shall use the application form and other materials of the
23brain injury services waiver. In order to apply for the brain
24injury services program, the applicant must authorize the
25department of human services to provide the applicant’s waiver
26application materials to the brain injury services program.
27The application materials provided shall include but are not
28limited to the waiver application and any denial letter,
29financial assessment, and functional assessment regarding the
30person.
31b. If a functional assessment for the waiver has not
32been completed due to a person’s financial ineligibility for
33the waiver, the brain injury services program may provide
34for a functional assessment to determine the person’s needs
35by reimbursing the department of human services for the
-101-1assessment.
2c. The program administrator department shall file copies
3of the individual’s application and needs assessment with the
4program resource facilitator assigned to the individual’s
5geographic area.
6d. The department’s program administrator department shall
7make a final determination as to whether program funding will
8be authorized under the cost-share component.
9 Sec. 149. Section 135.24, subsection 2, Code 2023, is
10amended to read as follows:
112. The department, in consultation with the department of
12human services, shall adopt rules to implement the volunteer
13health care provider program which shall include the following:
14a. Procedures for registration of health care providers
15deemed qualified by the board of medicine, the board of
16physician assistants, the dental board, the board of nursing,
17the board of chiropractic, the board of psychology, the board
18of social work, the board of behavioral science, the board
19of pharmacy, the board of optometry, the board of podiatry,
20the board of physical and occupational therapy, the board of
21respiratory care and polysomnography, and the Iowa department
22of public health, as applicable.
23b. Procedures for registration of free clinics, field dental
24clinics, and specialty health care provider offices.
25c. Criteria for and identification of hospitals, clinics,
26free clinics, field dental clinics, specialty health care
27provider offices, or other health care facilities, health
28care referral programs, or charitable organizations,
29eligible to participate in the provision of free medical,
30dental, chiropractic, pharmaceutical, nursing, optometric,
31psychological, social work, behavioral science, podiatric,
32physical therapy, occupational therapy, respiratory therapy, or
33emergency medical care services through the volunteer health
34care provider program. A free clinic, a field dental clinic, a
35specialty health care provider office, a health care facility,
-102-1a health care referral program, a charitable organization, or
2a health care provider participating in the program shall not
3bill or charge a patient for any health care provider service
4provided under the volunteer health care provider program.
5d. Identification of the services to be provided under the
6program. The services provided may include but shall not be
7limited to obstetrical and gynecological medical services,
8psychiatric services provided by a physician licensed under
9chapter 148, dental services provided under chapter 153, or
10other services provided under chapter 147A, 148A, 148B, 148C,
11149, 151, 152, 152B, 152E, 154, 154B, 154C, 154D, 154F, or
12155A.
13 Sec. 150. Section 135.24A, Code 2023, is amended to read as
14follows:
15135.24A Free clinics — volunteer record check.
161. For purposes of this section, “free clinic” means a free
17clinic as defined in section 135.24 that is also a network
18of free clinics in this state that offers operational and
19collaborative opportunities to free clinics.
202. Persons who are potential volunteers or volunteers in
21a free clinic in a position having direct individual contact
22with patients of the free clinic shall be subject to criminal
23history and child and dependent adult abuse record checks in
24accordance with this section. The free clinic shall request
25that the department of public safety perform the criminal
26history check and the record check evaluation system of the
27 department of health and human services perform child and
28dependent adult abuse record checks of the person in this state
29and may request these checks in other states.
303. A free clinic subject to this section shall establish
31an evaluation process to determine whether a crime of founded
32child or dependent adult abuse warrants prohibition of the
33person’s participation as a volunteer in the free clinic.
34The evaluation process shall not be less stringent than
35the evaluation process performed by the department of human
-103-1services record check evaluation system and shall be approved
2by the department of human services.
3 Sec. 151. Section 135.25, Code 2023, is amended to read as
4follows:
5135.25 Emergency medical services fund.
6An emergency medical services fund is created in the state
7treasury under the control of the department. The fund
8includes, but is not limited to, amounts appropriated by the
9general assembly, amounts transferred pursuant to section
10602.8108, subsection 4, and other moneys available from
11federal or private sources which are to be used for purposes
12of this section. Funds remaining in the fund at the end of
13each fiscal year shall not revert to the general fund of the
14state but shall remain in the emergency medical services fund,
15notwithstanding section 8.33. The fund is established to
16assist counties by matching, on a dollar-for-dollar basis,
17moneys spent by a county for the acquisition of equipment for
18the provision of emergency medical services and by providing
19grants to counties for education and training in the delivery
20of emergency medical services, as provided in this section and
21section 422D.6. A county seeking matching funds under this
22section shall apply to the emergency medical services division
23of the department. The department shall adopt rules concerning
24the application and awarding process for the matching funds and
25the criteria for the allocation of moneys in the fund if the
26moneys are insufficient to meet the emergency medical services
27needs of the counties. Moneys allocated by the department to a
28county for emergency medical services purposes may be used for
29equipment or training and education as determined by the board
30of supervisors pursuant to section 422D.6.
31 Sec. 152. Section 135.31, Code 2023, is amended to read as
32follows:
33135.31 Location of boards — rulemaking.
34The offices for the board of medicine, the board of pharmacy,
35the board of nursing, and the dental board shall be located
-104-1within the department of public health. The individual boards
2shall have policymaking and rulemaking authority.
3 Sec. 153. Section 135.36, Code 2023, is amended to read as
4follows:
5135.36 Interference with health department officer —
6penalties.
7Any person resisting or interfering with the department, its
8employees, or authorized agents, in the discharge of any duty
9imposed by law shall be guilty of a simple misdemeanor.
10 Sec. 154. Section 135.37, subsections 1, 4, 5, and 6, Code
112023, are amended to read as follows:
121. A person shall not own, control and lease, act as an
13agent for, conduct, manage, or operate an establishment to
14practice the art of tattooing or engage in the practice of
15tattooing without first applying for and receiving a permit
16from the Iowa department of public health.
174. The Iowa department of public health shall:
18a. Adopt rules pursuant to chapter 17A and establish and
19collect all fees necessary to administer this section. The
20provisions of chapter 17A, including licensing provisions,
21judicial review, and appeal, shall apply to this chapter
22 section.
23b. Establish minimum safety and sanitation criteria for the
24operation of tattooing establishments.
255. If the Iowa department of public health determines that
26a provision of this section has been or is being violated, the
27department may order that a tattooing establishment not be
28operated until the necessary corrective action has been taken.
29If the establishment continues to be operated in violation of
30the order of the department, the department may request that
31the county attorney or the attorney general make an application
32in the name of the state to the district court of the county
33in which the violations have occurred for an order to enjoin
34the violations. This remedy is in addition to any other legal
35remedy available to the department.
-105- 16. As necessary to avoid duplication and promote
2coordination of public health inspection and enforcement
3activities, the department may enter into agreements with
4local boards of health to provide for inspection of tattooing
5establishments and enforcement activities in accordance with
6the rules and criteria implemented under this section.
7 Sec. 155. Section 135.39, Code 2023, is amended to read as
8follows:
9135.39 Federal aid.
10The state department of public health is hereby authorized
11to may accept financial aid from the government of the United
12States for the purpose of assisting in carrying on public
13health or substance abuse use disorder responsibility in the
14state of Iowa.
15 Sec. 156. Section 135.39B, subsection 3, Code 2023, is
16amended to read as follows:
173. The prohibition under this section shall not apply to
18early childhood immunizations for influenza or in times of
19emergency or epidemic as determined by the director of public
20health. If an emergency or epidemic is determined to exist
21by the director of public health under this subsection, the
22director of public health shall notify the state board of
23 council on health and human services, the governor, and the
24legislative council, and shall notify the public upon request.
25 Sec. 157. Section 135.39E, Code 2023, is amended to read as
26follows:
27135.39E Fluoridation in public water supply — notice of
28discontinuance.
291. At least ninety days prior to taking any action to
30permanently discontinue fluoridation in its water supply, an
31owner or operator of a public water supply system, as defined
32in section 455B.171, shall provide notice to the oral and
33health delivery systems bureau established in section 135.15
34department and the public water supply system’s customers.
352. In order to provide notice to its customers, the owner or
-106-1operator of the public water supply system shall place a notice
2on each customer’s water bill or provide notice in a way that
3is reasonably calculated so that all customers will receive the
4notice.
53. Section 135.38 does not apply to violations of this
6section.
7 Sec. 158. Section 135.43, Code 2023, is amended to read as
8follows:
9135.43 Iowa child death review team established — duties.
101. An Iowa child death review team is established as part
11of the office of the state medical examiner in the department.
12The office of the state medical examiner department shall
13provide staffing and administrative support to the team.
142. The membership of the review team is subject to the
15provisions of sections 69.16 and 69.16A, relating to political
16affiliation and gender balance. Review team members who
17are not designated by another appointing authority shall be
18appointed by the state medical examiner director. Membership
19terms shall be for three years. A membership vacancy shall be
20filled in the same manner as the original appointment. The
21review team shall elect a chairperson and other officers as
22deemed necessary by the review team. The review team shall
23meet upon the call of the state medical examiner director or as
24determined by the review team. The review team shall include
25the following:
26a. The state medical examiner or the state medical
27examiner’s designee.
28b. A certified or licensed professional who is knowledgeable
29concerning sudden infant death syndrome.
30c. A pediatrician who is knowledgeable concerning deaths of
31children.
32d. A family practice physician who is knowledgeable
33concerning deaths of children.
34e. One mental health professional who is knowledgeable
35concerning deaths of children.
-107- 1f. One social worker who is knowledgeable concerning deaths
2of children.
3g. A certified or licensed professional who is knowledgeable
4concerning domestic violence.
5h. A professional who is knowledgeable concerning substance
6abuse use disorder.
7i. A local law enforcement official.
8j. A county attorney.
9k. An emergency room nurse who is knowledgeable concerning
10the deaths of children.
11l. A perinatal expert.
12m. A representative of the health insurance industry.
13n. One other member who is appointed at large.
143. The review team shall perform the following duties:
15a. Collect, review, and analyze child death certificates and
16child death data, including patient records or other pertinent
17confidential information concerning the deaths of children
18under age eighteen, and other information as the review team
19deems appropriate for use in preparing an annual report to the
20governor and the general assembly concerning the causes and
21manner of child deaths. The report shall include analysis of
22factual information obtained through review and recommendations
23regarding prevention of child deaths.
24b. Recommend to the governor and the general assembly
25interventions to prevent deaths of children based on an
26analysis of the cause and manner of such deaths.
27c. Recommend to the agencies represented on the review team
28changes which may prevent child deaths.
29d. Except as authorized by this section, maintain the
30confidentiality of any patient records or other confidential
31information reviewed.
32e. Recommend to the department of human services,
33appropriate law enforcement agencies, and any other person
34involved with child protection, interventions that may prevent
35harm to a child who is related to or is living in the same home
-108-1as a child whose case is reviewed by the team.
2f. If the sharing of information is necessary to assist in
3or initiate a child death investigation or criminal prosecution
4and the office or agency receiving the information does not
5otherwise have access to the information, share information
6possessed by the review team with the office of the attorney
7general, a county attorney’s office, or an appropriate
8law enforcement agency. The office or agency receiving
9the information shall maintain the confidentiality of the
10information in accordance with this section. Unauthorized
11release or disclosure of the information received is subject to
12penalty as provided in this section.
13g. In order to assist a division of the department in
14performing the division’s department’s duties, if the division
15 department does not otherwise have access to the information,
16share information possessed by the review team. The division
17receiving recipient of the information shall maintain the
18confidentiality of the information in accordance with this
19section. Unauthorized release or disclosure of the information
20received is subject to penalty as provided in this section.
214. The review team department shall develop protocols for a
22child fatality review committee, to be appointed by the state
23medical examiner director on an ad hoc basis, to immediately
24review the child abuse assessments which involve the fatality
25of a child under age eighteen. The state medical examiner
26 director shall appoint a medical examiner, a pediatrician, and
27a person involved with law enforcement to the committee.
28a. The purpose of the review shall be to determine
29whether the department of human services and others involved
30with the case of child abuse responded appropriately. The
31protocols shall provide for the committee to consult with any
32multidisciplinary team, as defined in section 235A.13, that
33is operating in the area in which the fatality occurred. The
34protocols shall also ensure that a member of the child fatality
35review committee does not have a conflict of interest regarding
-109-1the child fatality under review.
2b. The committee shall have access to patient records
3and other pertinent confidential information and, subject to
4the restrictions in this subsection, may redisseminate the
5confidential information in the committee’s report.
6c. Upon completion of the review, the committee shall issue
7a report which shall include findings concerning the case and
8recommendations for changes to prevent child fatalities when
9similar circumstances exist. The report shall include but
10is not limited to the following information, subject to the
11restrictions listed in paragraph “d”:
12(1) The dates, outcomes, and results of any actions taken by
13the department of human services and others in regard to each
14report and allegation of child abuse involving the child who
15died.
16(2) The results of any review of the case performed by a
17multidisciplinary team, or by any other public entity that
18reviewed the case.
19(3) Confirmation of receipt by the department of human
20services of any report of child abuse involving the child,
21including confirmation as to whether or not any assessment
22involving the child was performed in accordance with section
23232.71B, the results of any assessment, a description of the
24most recent assessment and the services offered to the family,
25the services rendered to the family, and the basis for the
26department’s decisions concerning the case.
27d. Prior to issuing the report, the committee shall consult
28with the county attorney responsible for prosecution of the
29alleged perpetrator of the child fatality. The committee’s
30report shall include child abuse information associated with
31the case and the child, but is subject to the restrictions
32applicable to the department of human services for release of
33information concerning a child fatality or near fatality in
34accordance with section 235A.15, subsection 9.
35e. Following the completion of the trial of any alleged
-110-1perpetrator of the child fatality and the appeal period
2for the granting of a new trial, the committee shall issue
3a supplemental report containing the information that was
4withheld, in accordance with paragraph “d”, so as not to
5jeopardize the prosecution or the rights of the alleged
6perpetrator to a fair trial as described in section 235A.15,
7subsection 9, paragraphs “e” and “f”.
8f. The report and any supplemental report shall be submitted
9to the governor and general assembly.
10g. If deemed appropriate by the committee, at any point
11in the review the committee may recommend to the department
12of human services, appropriate law enforcement agencies, and
13any other person involved with child protection, interventions
14that may prevent harm to a child who is related to or is living
15in the same home as a child whose case is reviewed by the
16committee.
175. a. The following individuals shall designate a liaison
18to assist the review team in fulfilling its responsibilities:
19(1) The director of public health and human services.
20(2) The director of human services.
21(3) (2) The commissioner of public safety.
22(4) (3) The attorney general.
23(5) (4) The director of transportation.
24(6) (5) The director of the department of education.
25b. In addition, the chairperson of the review team
26 department shall designate a liaison from the public at large
27to assist the review team in fulfilling its responsibilities.
286. The review team may establish subcommittees to which the
29team may delegate some or all of the team’s responsibilities
30under subsection 3.
317. a. The state medical examiner, the Iowa department
32of public health, and the department of human services shall
33adopt rules providing for disclosure of information which is
34confidential under chapter 22 or any other provision of state
35law, to the review team for purposes of performing its child
-111-1death and child abuse review responsibilities.
2b. A person in possession or control of medical,
3investigative, assessment, or other information pertaining to a
4child death and child abuse review shall allow the inspection
5and reproduction of the information by the office of the state
6medical examiner department upon the request of the office
7 department, to be used only in the administration and for
8the duties of the Iowa child death review team. Except as
9provided for a report on a child fatality by an ad hoc child
10fatality review committee under subsection 4, information and
11records produced under this section which are confidential
12under section 22.7 and chapter 235A, and information or records
13received from the confidential records, remain confidential
14under this section. A person does not incur legal liability
15by reason of releasing information to the department or the
16office of the state medical examiner as required under and in
17compliance with this section.
188. Review team members and their agents are immune from any
19liability, civil or criminal, which might otherwise be incurred
20or imposed as a result of any act, omission, proceeding,
21decision, or determination undertaken or performed, or
22recommendation made as a review team member or agent provided
23that the review team members or agents acted in good faith
24and without malice in carrying out their official duties in
25their official capacity. The state medical examiner department
26 shall adopt rules pursuant to chapter 17A to administer
27this subsection. A complainant bears the burden of proof in
28establishing malice or lack of good faith in an action brought
29against review team members involving the performance of their
30duties and powers under this section.
319. A person who releases or discloses confidential data,
32records, or any other type of information in violation of this
33section is guilty of a serious misdemeanor.
34 Sec. 159. Section 135.61, subsections 5, 7, and 12, Code
352023, are amended to read as follows:
-112- 15. “Department” means the Iowa department of public health
2and human services.
37. “Director” means the director of public health and human
4services, or the director’s designee.
512. “Health services” means clinically related diagnostic,
6curative, or rehabilitative services, and includes alcoholism,
7drug abuse, substance use disorder and mental health services.
8 Sec. 160. Section 135.63, subsection 4, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10A copy of the application shall be sent to the department
11of human services at the time the application is submitted to
12the Iowa department of public health. The department shall not
13process applications for and the council shall not consider a
14new or changed institutional health service for an intermediate
15care facility for persons with an intellectual disability
16unless both of the following conditions are met:
17 Sec. 161. Section 135.100, subsection 1, Code 2023, is
18amended to read as follows:
191. “Department” means the Iowa department of public health
20and human services.
21 Sec. 162. Section 135.101, Code 2023, is amended to read as
22follows:
23135.101 Childhood lead poisoning prevention program.
24There is established a childhood lead poisoning prevention
25program within the Iowa department of public health. The
26department shall implement and review programs necessary to
27eliminate potentially dangerous toxic lead levels in children
28in Iowa in a year for which funds are appropriated to the
29department for this purpose.
30 Sec. 163. Section 135.106, subsection 1, unnumbered
31paragraph 1, Code 2023, is amended to read as follows:
32The Iowa department of public health shall establish a
33healthy opportunities for parents to experience success (HOPES)
34– healthy families Iowa (HFI) program to provide services to
35families and children during the prenatal through preschool
-113-1years. The program shall be designed to do all of the
2following:
3 Sec. 164. Section 135.106, subsection 2, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The HOPES-HFI program shall be developed by the Iowa
6 department of public health, and may be implemented, in
7whole or in part, by contracting with a nonprofit child
8abuse prevention organization, local nonprofit certified home
9health program or other local nonprofit organizations, and
10shall include, but is not limited to, all of the following
11components:
12 Sec. 165. Section 135.106, subsection 3, Code 2023, is
13amended to read as follows:
143. It is the intent of the general assembly to provide
15communities with the discretion and authority to redesign
16existing local programs and services targeted at and assisting
17families expecting babies and families with children who
18are newborn through five years of age. The Iowa department
19of public health, department of human services, department
20of education, and other state agencies and programs, as
21appropriate, shall provide technical assistance and support
22to communities desiring to redesign their local programs and
23shall facilitate the consolidation of existing state funding
24appropriated and made available to the community for family
25support services. Funds which are consolidated in accordance
26with this subsection shall be used to support the redesigned
27service delivery system. In redesigning services, communities
28are encouraged to implement a single uniform family risk
29assessment mechanism and shall demonstrate the potential for
30improved outcomes for children and families. Requests by
31local communities for the redesigning of services shall be
32submitted to the Iowa department of public health, department
33of human services, and the department of education, and are
34subject to the approval of the early childhood Iowa state board
35in consultation with the departments, based on the practices
-114-1utilized with early childhood Iowa areas under chapter 256I.
2 Sec. 166. Section 135.107, Code 2023, is amended to read as
3follows:
4135.107 Center for rural Rural health and primary care
5established — duties.
61. The center for rural health and primary care is
7established within the department.
82. 1. The center for rural health and primary care
9 department shall do all of the following:
10a. Provide technical planning assistance to rural
11communities and counties exploring innovative means of
12delivering rural health services through community health
13services assessment, planning, and implementation, including
14but not limited to hospital conversions, cooperative agreements
15among hospitals, physician and health practitioner support,
16recruitment and retention of primary health care providers,
17public health services, emergency medical services, medical
18assistance facilities, rural health care clinics, and
19alternative means which may be included in the long-term
20community health services assessment and developmental plan.
21The center for rural health and primary care department
22 shall encourage collaborative efforts of the local boards of
23health, hospital governing boards, and other public and private
24entities located in rural communities to adopt a long-term
25community health services assessment and developmental plan
26pursuant to rules adopted by the department and perform the
27duties required of the Iowa department of public health in
28section 135B.33.
29b. Provide technical assistance to assist rural communities
30in improving Medicare reimbursements through the establishment
31of rural health clinics, defined pursuant to 42 U.S.C. §1395x,
32and distinct part skilled nursing facility beds.
33c. Coordinate services to provide research for the following
34items:
35(1) Examination of the prevalence of rural occupational
-115-1health injuries in the state.
2(2) Assessment of training and continuing education
3available through local hospitals and others relating to
4diagnosis and treatment of diseases associated with rural
5occupational health hazards.
6(3) Determination of continuing education support necessary
7for rural health practitioners to diagnose and treat illnesses
8caused by exposure to rural occupational health hazards.
9(4) Determination of the types of actions that can help
10prevent agricultural accidents.
11(5) Surveillance and reporting of disabilities suffered
12by persons engaged in agriculture resulting from diseases
13or injuries, including identifying the amount and severity
14of agricultural-related injuries and diseases in the state,
15identifying causal factors associated with agricultural-related
16injuries and diseases, and indicating the effectiveness of
17intervention programs designed to reduce injuries and diseases.
18d. Cooperate with the center for agricultural safety and
19health established under section 262.78, the center for health
20effects of environmental contamination established under
21section 263.17, and the department of agriculture and land
22stewardship. The agencies shall coordinate programs to the
23extent practicable.
24e. Administer grants for farm safety education efforts
25directed to rural families for the purpose of preventing
26farm-related injuries to children.
273. 2. The center for rural health and primary care
28 department shall establish a primary care provider recruitment
29and retention endeavor, to be known as PRIMECARRE. The
30endeavor shall include a health care workforce and community
31support grant program and a primary care provider loan
32repayment program. The endeavor shall be developed and
33implemented in a manner to promote and accommodate local
34creativity in efforts to recruit and retain health care
35professionals to provide services in the locality. The
-116-1focus of the endeavor shall be to promote and assist local
2efforts in developing health care provider recruitment and
3retention programs. The center for rural health and primary
4care department may enter into an agreement with the college
5student aid commission for the administration of the center’s
6 department’s grant and loan repayment programs.
7a. Health care workforce and community support grant program.
8(1) The center for rural health and primary care department
9 shall adopt rules establishing flexible application processes
10based upon the department’s strategic plan to be used by the
11center department to establish a grant assistance program as
12provided in this paragraph “a”, and establishing the criteria
13to be used in evaluating the applications. Selection criteria
14shall include a method for prioritizing grant applications
15based on illustrated efforts to meet the health care provider
16needs of the locality and surrounding area. Such assistance
17may be in the form of a forgivable loan, grant, or other
18nonfinancial assistance as deemed appropriate by the center
19 department. An application submitted may contain a commitment
20of matching funds for the grant assistance. Application may
21be made for assistance by a single community or group of
22communities or in response to programs recommended in the
23strategic plan to address health workforce shortages.
24(2) Grants awarded under the program shall be awarded
25to rural, underserved areas or special populations as
26identified by the department’s strategic plan or evidence-based
27documentation.
28b. Primary care provider loan repayment program.
29(1) A primary care provider loan repayment program is
30established to increase the number of health professionals
31practicing primary care in federally designated health
32professional shortage areas of the state. Under the program,
33loan repayment may be made to a recipient for educational
34expenses incurred while completing an accredited health
35education program directly related to obtaining credentials
-117-1necessary to practice the recipient’s health profession.
2(2) The center for rural health and primary care
3 department shall adopt rules relating to the establishment and
4administration of the primary care provider loan repayment
5program. Rules adopted pursuant to this paragraph shall
6provide, at a minimum, for all of the following:
7(a) Determination of eligibility requirements and
8qualifications of an applicant to receive loan repayment under
9the program, including but not limited to years of obligated
10service, clinical practice requirements, and residency
11requirements. One year of obligated service shall be provided
12by the applicant in exchange for each year of loan repayment,
13unless federal requirements otherwise require. Loan repayment
14under the program shall not be approved for a health provider
15whose license or certification is restricted by a medical
16regulatory authority of any jurisdiction of the United States,
17other nations, or territories.
18(b) Identification of federally designated health
19professional shortage areas of the state and prioritization of
20such areas according to need.
21(c) Determination of the amount and duration of the loan
22repayment an applicant may receive, giving consideration to the
23availability of funds under the program, and the applicant’s
24outstanding educational loans and professional credentials.
25(d) Determination of the conditions of loan repayment
26applicable to an applicant.
27(e) Enforcement of the state’s rights under a loan repayment
28program contract, including the commencement of any court
29action.
30(f) Cancellation of a loan repayment program contract for
31reasonable cause unless federal requirements otherwise require.
32(g) Participation in federal programs supporting repayment
33of loans of health care providers and acceptance of gifts,
34grants, and other aid or amounts from any person, association,
35foundation, trust, corporation, governmental agency, or other
-118-1entity for the purposes of the program.
2(h) Upon availability of state funds, determination of
3eligibility criteria and qualifications for participating
4communities and applicants not located in federally designated
5shortage areas.
6(i) Other rules as necessary.
74. 3. a. Eligibility under any of the programs established
8under the primary care provider recruitment and retention
9endeavor shall be based upon a community health services
10assessment completed under subsection 2, paragraph “a”.
11Participation in a community health services assessment process
12shall be documented by the community or region.
13b. Assistance under this subsection shall not be granted
14until such time as the community or region making application
15has completed a community health services assessment and
16adopted a long-term community health services assessment and
17developmental plan. In addition to any other requirements, an
18applicant’s plan shall include, to the extent possible, a clear
19commitment to informing high school students of the health care
20opportunities which may be available to such students.
21c. The center for rural health and primary care department
22 shall seek additional assistance and resources from other state
23departments and agencies, federal agencies and grant programs,
24private organizations, and any other person, as appropriate.
25The center department is authorized and directed to accept
26on behalf of the state any grant or contribution, federal or
27otherwise, made to assist in meeting the cost of carrying out
28the purpose of this subsection. All federal grants to and the
29federal receipts of the center department are appropriated
30for the purpose set forth in such federal grants or receipts.
31Funds appropriated by the general assembly to the center
32 department for implementation of this subsection shall first
33be used for securing any available federal funds requiring a
34state match, with remaining funds being used for the health
35care workforce and community support grant program.
-119- 1d. The center for rural health and primary care department
2 may, to further the purposes of this subsection, provide
3financial assistance in the form of grants to support
4the effort of a community which is clearly part of the
5community’s long-term community health services assessment
6and developmental plan. Efforts for which such grants may
7be awarded include but are not limited to the procurement of
8clinical equipment, clinical facilities, and telecommunications
9facilities, and the support of locum tenens arrangements and
10primary care provider mentor programs.
11 Sec. 167. Section 135.108, subsections 1 and 2, Code 2023,
12are amended to read as follows:
131. “Department” means the Iowa department of public health
14and human services.
152. “Director” means the director of public health and human
16services.
17 Sec. 168. Section 135.109, Code 2023, is amended to read as
18follows:
19135.109 Iowa domestic abuse death review team membership.
201. An Iowa domestic abuse death review team is established
21as an independent agency of state government in the department.
222. The department shall provide staffing and administrative
23support to the team.
243. The team shall include the following members:
25a. The state medical examiner or the state medical
26examiner’s designee.
27b. A licensed physician, physician assistant, or nurse who
28is knowledgeable concerning domestic abuse injuries and deaths,
29including suicides.
30c. A licensed mental health professional who is
31knowledgeable concerning domestic abuse.
32d. A representative or designee of the Iowa coalition
33against domestic violence.
34e. A certified or licensed professional who is knowledgeable
35concerning substance abuse use disorder.
-120- 1f. A law enforcement official who is knowledgeable
2concerning domestic abuse.
3g. A law enforcement investigator experienced in domestic
4abuse investigation.
5h. An attorney experienced in prosecuting domestic abuse
6cases.
7i. A judicial officer appointed by the chief justice of the
8supreme court.
9j. A clerk of the district court appointed by the chief
10justice of the supreme court.
11k. An employee or subcontractor of the department of
12corrections who is a trained batterers’ education program
13facilitator.
14l. An attorney licensed in this state who provides criminal
15defense assistance or child custody representation, and who has
16experience in dissolution of marriage proceedings.
17m. Both a female and a male victim of domestic abuse.
18n. A family member of a decedent whose death resulted from
19domestic abuse.
204. The following individuals shall each designate a liaison
21to assist the team in fulfilling the team’s duties:
22a. The attorney general.
23b. The director of the Iowa department of corrections.
24c. The director of public health.
25d. c. The director of health and human services.
26e. d. The commissioner of public safety.
27f. The administrator of the bureau of vital records of the
28Iowa department of public health.
29g. e. The director of the department of education.
30h. f. The state court administrator.
31i. The director of the department of human rights.
32j. g. The director of the state law enforcement academy.
335. a. The director of public health, in consultation with
34the attorney general, shall appoint review team members who are
35not designated by another appointing authority.
-121- 1b. A membership vacancy shall be filled in the same manner
2as the original appointment.
3c. The membership of the review team is subject to the
4provisions of sections 69.16 and 69.16A, relating to political
5affiliation and gender balance.
6d. A member of the team may be reappointed to serve
7additional terms on the team, subject to the provisions of
8chapter 69.
96. Membership terms shall be three-year staggered terms.
107. Members of the team are eligible for reimbursement of
11actual and necessary expenses incurred in the performance of
12their official duties.
138. Team members and their agents are immune from any
14liability, civil or criminal, which might otherwise be incurred
15or imposed as a result of any act, omission, proceeding,
16decision, or determination undertaken or performed, or
17recommendation made as a team member or agent provided that the
18team members or agents acted reasonably and in good faith and
19without malice in carrying out their official duties in their
20official capacity. A complainant bears the burden of proof
21in establishing malice or unreasonableness or lack of good
22faith in an action brought against team members involving the
23performance of their duties and powers.
24 Sec. 169. Section 135.118, subsection 1, Code 2023, is
25amended to read as follows:
261. A child protection center grant program is established
27in the Iowa department of public health in accordance with
28this section. The director of public health department shall
29establish requirements for the grant program and shall award
30grants. A grant may be used for establishment of a new center
31or for support of an existing center.
32 Sec. 170. Section 135.118, subsection 2, paragraph d, Code
332023, is amended to read as follows:
34d. As necessary to address serious cases of child abuse such
35as those involving sexual abuse, serious physical abuse, and
-122-1substance abuse use disorder, a grantee must be able to involve
2or consult with persons from various professional disciplines
3who have training and expertise in addressing special types
4of child abuse. These persons may include but are not
5limited to physicians and other health care professionals,
6mental health professionals, social workers, child protection
7workers, attorneys, juvenile court officers, public health
8workers, child development experts, child educators, and child
9advocates.
10 Sec. 171. Section 135.118, subsection 3, Code 2023, is
11amended to read as follows:
123. The director shall create a committee to consider grant
13proposals and to make grant recommendations to the director.
14The committee membership may include but is not limited to
15representatives of the following: departments of health and
16 human services, and justice, and public health, Iowa medical
17society, Iowa hospital association, Iowa nurses association,
18and an association representing social workers.
19 Sec. 172. Section 135.140, Code 2023, is amended to read as
20follows:
21135.140 Definitions.
22As used in this subchapter, unless the context otherwise
23requires:
241. “Bioterrorism” means the intentional use of any
25microorganism, virus, infectious substance, or biological
26product that may be engineered as a result of biotechnology,
27or any naturally occurring or bioengineered component of any
28such microorganism, virus, infectious substance, or biological
29product, to cause death, disease, or other biological
30malfunction in a human, an animal, a plant, or another living
31organism.
322. “Department” means the Iowa department of public health
33and human services.
343. “Director” means the director of public health and human
35services or the director’s designee.
-123- 14. “Disaster” means disaster as defined in section 29C.2.
25. “Division” means the division of acute disease prevention
3and emergency response of the department.
46. 5. “Public health disaster” means a state of disaster
5emergency proclaimed by the governor in consultation with the
6department pursuant to section 29C.6 for a disaster which
7specifically involves an imminent threat of an illness or
8health condition that meets any of the following conditions of
9paragraphs “a” and “b”:
10a. Is reasonably believed to be caused by any of the
11following:
12(1) Bioterrorism or other act of terrorism.
13(2) The appearance of a novel or previously controlled or
14eradicated infectious agent or biological toxin.
15(3) A chemical attack or accidental release.
16(4) An intentional or accidental release of radioactive
17material.
18(5) A nuclear or radiological attack or accident.
19(6) A natural occurrence or incident, including but not
20limited to fire, flood, storm, drought, earthquake, tornado,
21or windstorm.
22(7) A man-made occurrence or incident, including but not
23limited to an attack, spill, or explosion.
24b. Poses a high probability of any of the following:
25(1) A large number of deaths in the affected population.
26(2) A large number of serious or long-term disabilities in
27the affected population.
28(3) Widespread exposure to an infectious or toxic agent that
29poses a significant risk of substantial future harm to a large
30number of the affected population.
31(4) Short-term or long-term physical or behavioral health
32consequences to a large number of the affected population.
337. 6. “Public health response team” means a team of
34professionals, including licensed health care providers,
35nonmedical professionals skilled and trained in disaster or
-124-1emergency response, and public health practitioners, which is
2sponsored by a hospital or other entity and approved by the
3department to provide disaster assistance in the event of a
4disaster or threatened disaster.
5 Sec. 173. Section 135.141, Code 2023, is amended to read as
6follows:
7135.141 Division of Department duties related to acute
8disease prevention and emergency response — establishment —
9duties of department.
101. A division of acute disease prevention and emergency
11response is established within the department. The division
12 department shall coordinate the administration of this
13subchapter with other administrative divisions of the
14department and with federal, state, and local agencies and
15officials.
162. The department shall do all of the following:
17a. Coordinate with the department of homeland security and
18emergency management the administration of emergency planning
19matters which involve the public health, including development,
20administration, and execution of the public health components
21of the comprehensive emergency plan and emergency management
22program pursuant to section 29C.8.
23b. Coordinate with federal, state, and local agencies and
24officials, and private agencies, organizations, companies, and
25persons, the administration of emergency planning, response,
26and recovery matters that involve the public health.
27c. If a public health disaster exists, or if there is
28reasonable cause to believe that a public health disaster is
29imminent, conduct a risk assessment of any present or potential
30danger to the public health from chemical, radiological, or
31other potentially dangerous agents.
32d. For the purpose of paragraph “c”, an employee or agent
33of the department may enter into and examine any premises
34containing potentially dangerous agents with the consent of the
35owner or person in charge of the premises or, if the owner or
-125-1person in charge of the premises refuses admittance, with an
2administrative search warrant obtained under section 808.14.
3Based on findings of the risk assessment and examination of the
4premises, the director may order reasonable safeguards or take
5any other action reasonably necessary to protect the public
6health pursuant to rules adopted to administer this subsection.
7e. Coordinate the location, procurement, storage,
8transportation, maintenance, and distribution of medical
9supplies, drugs, antidotes, and vaccines to prepare for or in
10response to a public health disaster, including receiving,
11distributing, and administering items from the strategic
12national stockpile program of the centers for disease control
13and prevention of the United States department of health and
14human services.
15f. Conduct or coordinate public information activities
16regarding emergency and disaster planning, response, and
17recovery matters that involve the public health.
18g. Apply for and accept grants, gifts, or other funds to be
19used for programs authorized by this subchapter.
20h. Establish and coordinate other programs or activities
21as necessary for the prevention, detection, management, and
22containment of public health disasters, and for the recovery
23from such disasters.
24i. Adopt rules pursuant to chapter 17A for the
25administration of this subchapter including rules adopted in
26cooperation with the Iowa pharmacy association and the Iowa
27hospital association for the development of a surveillance
28system to monitor supplies of drugs, antidotes, and vaccines to
29assist in detecting a potential public health disaster. Prior
30to adoption, the rules shall be approved by the state board of
31health council on health and human services and the director of
32the department of homeland security and emergency management.
33 Sec. 174. Section 135.166, subsection 1, paragraph a, Code
342023, is amended to read as follows:
35a. The department of public health shall enter into a
-126-1memorandum of understanding with the contractor selected
2through a request for proposals process to act as the
3department’s intermediary in collecting, maintaining, and
4disseminating hospital inpatient, outpatient, and ambulatory
5data, as initially authorized in 1996 Iowa Acts, ch.1212, §5,
6subsection 1, paragraph “a”, subparagraph (4), and 641 IAC
7177.3.
8 Sec. 175. Section 135.173A, Code 2023, is amended to read
9as follows:
10135.173A Child care advisory committee.
111. The early childhood stakeholders alliance shall
12establish a state child care advisory committee as part of the
13stakeholders alliance. The advisory committee shall advise
14and make recommendations to the governor, general assembly,
15department of human services, and other state agencies
16concerning child care.
172. The membership of the advisory committee shall consist of
18a broad spectrum of parents and other persons from across the
19state with an interest in or involvement with child care.
203. Except as otherwise provided, the voting members of
21the advisory committee shall be appointed by the stakeholders
22alliance from a list of names submitted by a nominating
23committee to consist of one member of the advisory committee,
24one member of the department of human services’ department’s
25 child care staff, three consumers of child care, and one member
26of a professional child care organization. Two names shall be
27submitted for each appointment. The voting members shall be
28appointed for terms of three years.
294. The voting membership of the advisory committee shall be
30appointed in a manner so as to provide equitable representation
31of persons with an interest in child care and shall include all
32of the following:
33a. Two parents of children served by a registered child
34development home.
35b. Two parents of children served by a licensed center.
-127- 1c. Two not-for-profit child care providers.
2d. Two for-profit child care providers.
3e. One child care home provider.
4f. Three child development home providers.
5g. One child care resource and referral service grantee.
6h. One nongovernmental child advocacy group representative.
7i. One designee of the department of human services.
8j. One designee of the Iowa department of public health.
9k. j. One designee of the department of education.
10l. k. One head start program provider.
11m. l. One person who is a business owner or executive
12officer from nominees submitted by the Iowa chamber of commerce
13executives.
14n. One designee of the early childhood Iowa office of the
15department of management.
16o. m. One person who is a member of the Iowa afterschool
17alliance.
18p. n. One person who is part of a local program
19implementing the statewide preschool program for four-year-old
20children under chapter 256C.
21q. o. One person who represents the early childhood
22stakeholders alliance.
235. In addition to the voting members of the advisory
24committee, the membership shall include four legislators as
25ex officio, nonvoting members. The four legislators shall
26be appointed one each by the majority leader of the senate,
27the minority leader of the senate, the speaker of the house
28of representatives, and the minority leader of the house of
29representatives for terms as provided in section 69.16B.
306. In fulfilling the advisory committee’s role, the
31committee shall do all of the following:
32a. Consult with the department of human services and make
33recommendations concerning policy issues relating to child
34care.
35b. Advise the department of human services concerning
-128-1services relating to child care, including but not limited to
2any of the following:
3(1) Resource and referral services.
4(2) Provider training.
5(3) Quality improvement.
6(4) Public-private partnerships.
7(5) Standards review and development.
8(6) The federal child care and development block grant,
9state funding, grants, and other funding sources for child
10care.
11c. Assist the department of human services in developing an
12implementation plan to provide seamless service to recipients
13of public assistance, which includes child care services.
14For the purposes of this subsection, “seamless service”
15means coordination, where possible, of the federal and state
16requirements which apply to child care.
17d. Advise and provide technical services to the director of
18the department of education or the director’s designee relating
19to prekindergarten, kindergarten, and before and after school
20programming and facilities.
21e. Make recommendations concerning child care expansion
22programs that meet the needs of children attending a core
23education program by providing child care before and after the
24core program hours and during times when the core program does
25not operate.
26f. Make recommendations for improving collaborations
27between the child care programs involving the department of
28human services and programs supporting the education and
29development of young children including but not limited to the
30federal head start program; the statewide preschool program for
31four-year-old children; and the early childhood, at-risk, and
32other early education programs administered by the department
33of education.
34g. Make recommendations for eliminating duplication and
35otherwise improving the eligibility determination processes
-129-1used for the state child care assistance program and other
2programs supporting low-income families, including but not
3limited to the federal head start, early head start, and even
4start programs; the early childhood, at-risk, and preschool
5programs administered by the department of education; the
6family and self-sufficiency grant program; and the family
7investment program.
8h. Make recommendations as to the most effective and
9efficient means of managing the state and federal funding
10available for the state child care assistance program.
11i. Review program data from the department of human services
12 and other departments concerning child care as deemed to be
13necessary by the advisory committee, although a department
14shall not provide personally identifiable data or information.
15j. Advise and assist the early childhood stakeholders
16alliance in developing the strategic plan required pursuant to
17section 256I.4, subsection 4.
187. The department of human services shall provide
19information to the advisory committee semiannually on all of
20the following:
21a. Federal, state, local, and private revenues and
22expenditures for child care including but not limited to
23updates on the current and future status of the revenues and
24expenditures.
25b. Financial information and data relating to regulation of
26child care by the department of human services and the usage of
27the state child care assistance program.
28c. Utilization and availability data relating to child care
29regulation, quantity, and quality from consumer and provider
30perspectives.
31d. Statistical and demographic data regarding child care
32providers and the families utilizing child care.
33e. Statistical data regarding the processing time for
34issuing notices of decision to state child care assistance
35applicants and for issuing payments to child care providers.
-130- 18. The advisory committee shall coordinate with the early
2childhood stakeholders alliance its reporting annually in
3December to the governor and general assembly concerning the
4status of child care in the state, providing findings, and
5making recommendations. The annual report may be personally
6presented to the general assembly’s standing committees on
7health and human resources services by a representative of the
8advisory committee.
9 Sec. 176. Section 135.175, subsection 6, paragraphs b and c,
10Code 2023, are amended to read as follows:
11b. State programs that may receive funding from the fund
12and the accounts in the fund, if specifically designated for
13the purpose of drawing down federal funding, are the primary
14care recruitment and retention endeavor (PRIMECARRE), the Iowa
15affiliate of the national rural recruitment and retention
16network, the oral and health delivery systems bureau dental
17program of the department, the primary care office and
18shortage designation program, and the state office of rural
19health, administered through the oral and health delivery
20systems bureau of the department of public health; any entity
21identified by the federal government entity through which
22federal funding for a specified health care workforce shortage
23initiative is received; and a program developed in accordance
24with the strategic plan developed by the department of public
25health in accordance with section 135.163.
26c. Any federal funding received for the purposes of
27addressing state health care workforce shortages shall be
28deposited in the health care workforce shortage national
29initiatives account, unless otherwise specified by the source
30of the funds, and shall be used as required by the source of
31the funds. If use of the federal funding is not designated,
32the funds shall be used in accordance with the strategic plan
33developed by the department of public health in accordance with
34section 135.163, or to address workforce shortages as otherwise
35designated by the department of public health. Other sources
-131-1of funding shall be deposited in the fund or account and used
2as specified by the source of the funding.
3 Sec. 177. Section 135.185, subsection 6, Code 2023, is
4amended to read as follows:
56. The department of public health, the board of medicine,
6the board of nursing, and the board of pharmacy shall adopt
7rules pursuant to chapter 17A to implement and administer this
8section, including but not limited to standards and procedures
9for the prescription, distribution, storage, replacement, and
10administration of epinephrine auto-injectors, and for training
11and authorization to be required for personnel authorized to
12administer epinephrine.
13 Sec. 178. Section 135.190, subsection 1, paragraph d, Code
142023, is amended to read as follows:
15d. “Person in a position to assist” means a family member,
16friend, caregiver, health care provider, employee of a
17substance abuse use disorder treatment facility, school
18employee, or other person who may be in a place to render aid to
19a person at risk of experiencing an opioid-related overdose.
20 Sec. 179. Section 135.190A, subsection 6, Code 2023, is
21amended to read as follows:
226. The department shall submit a report to the
23co-chairpersons and ranking members of the joint appropriations
24subcommittee on the justice system and to the legislative
25services agency general assembly on or before December 31
26of each year which shall contain a list of deposits and
27expenditures from the fund for the prior fiscal year and the
28amount of carryover funds, if any, to be distributed in the
29next fiscal year.
30 Sec. 180. Section 135A.2, subsections 2 and 4, Code 2023,
31are amended to read as follows:
322. “Department” means the department of public health and
33human services.
344. “Governmental public health system” means local boards
35of health, the state board of council on health and human
-132-1services, designated local public health agencies, the state
2hygienic laboratory, and the department.
3 Sec. 181. Section 135A.8, subsection 4, Code 2023, is
4amended to read as follows:
54. A local board of health seeking matching funds or grants
6under this section shall apply to the department. The state
7board of council on health and human services shall adopt rules
8concerning the application and award process for the allocation
9of moneys in the fund and shall establish the criteria for the
10allocation of moneys in the fund if the moneys are insufficient
11to meet the needs of local boards of health.
12 Sec. 182. Section 135A.9, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14The state board of council on health and human services shall
15adopt rules pursuant to chapter 17A to implement this chapter
16which shall include but are not limited to the following:
17 Sec. 183. Section 135B.7, subsection 1, paragraph a, Code
182023, is amended to read as follows:
19a. The department, with the approval of the state board of
20 council on health and human services, shall adopt rules setting
21out the standards for the different types of hospitals to be
22licensed under this chapter. The department shall enforce the
23rules.
24 Sec. 184. Section 135B.9, subsection 2, Code 2023, is
25amended to read as follows:
262. In the state resource centers and state mental health
27institutes operated by the department of health and human
28services, the designated protection and advocacy agency as
29provided in section 135C.2, subsection 4, shall have the
30authority to investigate all complaints of abuse and neglect
31of persons with developmental disabilities or mental illnesses
32if the complaints are reported to the protection and advocacy
33agency or if there is probable cause to believe that the abuse
34has occurred. Such authority shall include the examination of
35all records pertaining to the care provided to the residents
-133-1and contact or interview with any resident, employee, or any
2other person who might have knowledge about the operation of
3the institution.
4 Sec. 185. Section 135B.33, subsection 1, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6Subject to availability of funds, the Iowa department of
7public health and human services shall provide technical
8planning assistance to local boards of health and hospital
9governing boards to ensure access to hospital services in
10rural areas. The department shall encourage the local boards
11of health and hospital governing boards to adopt a long-term
12community health services and developmental plan including the
13following:
14 Sec. 186. Section 135B.34, Code 2023, is amended to read as
15follows:
16135B.34 Hospital employees — criminal history and abuse
17record checks — penalty.
181. a. Prior to employment of a person in a hospital, the
19hospital shall do one of the following:
20(1) Request that the department of public safety perform a
21criminal history check and the record check evaluation system
22of the department of health and human services perform child
23and dependent adult abuse record checks of the person in this
24state.
25(2) Access the single contact repository to perform the
26required record checks.
27b. (1) If a hospital accesses the single contact repository
28to perform the required record checks pursuant to paragraph
29“a”, the hospital may utilize a third-party vendor to perform a
30comprehensive preliminary background check and provisionally
31employ a person being considered for employment pending
32completion of the required record checks through the single
33contact repository and the evaluation by the department of
34human services record check evaluation system, as applicable,
35subject to all of the following:
-134- 1(a) If the comprehensive preliminary background check
2determines that the person being considered for employment has
3been convicted of a crime, but the crime does not constitute a
4felony as defined in section 701.7 and is not a crime specified
5pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
6712, or pursuant to section 726.3, 726.27, or 726.28.
7(b) If the comprehensive preliminary background check
8determines the person being considered for employment does not
9have a record of founded child abuse or dependent adult abuse
10or if an exception pursuant to subsection 4 is applicable to
11the person.
12(c) If the hospital has requested an evaluation in
13accordance with subsection 2, paragraph “a”, to determine
14whether the crime warrants prohibition of the person’s
15employment in the hospital.
16(2) The provisional employment under this paragraph “b”
17may continue until such time as the required record checks
18through the single contact repository and the evaluation by the
19department of human services record check evaluation system,
20as applicable, are completed.
21c. A hospital shall inform all persons prior to employment
22regarding the performance of the record checks and shall
23obtain, from the persons, a signed acknowledgment of the
24receipt of the information. A hospital shall include the
25following inquiry in an application for employment:
26Do you have a record of founded child or dependent adult abuse
27or have you ever been convicted of a crime, in this state or any
28other state?
292. a. If it is determined that a person being considered
30for employment in a hospital has committed a crime, the
31department of public safety shall notify the hospital that upon
32the request of the hospital the department of human services
33 record check evaluation system will perform an evaluation
34to determine whether the crime warrants prohibition of the
35person’s employment in the hospital.
-135- 1b. (1) If a person being considered for employment, other
2than employment involving the operation of a motor vehicle, has
3been convicted of a crime listed in subparagraph (2) but does
4not have a record of founded child or dependent adult abuse
5and the hospital has requested an evaluation in accordance
6with paragraph “a” to determine whether the crime warrants
7prohibition of the person’s employment, the hospital may employ
8the person for not more than sixty calendar days pending
9completion of the evaluation.
10(2) Subparagraph (1) applies to a crime that is a simple
11misdemeanor offense under section 123.47, and to a crime
12that is a first offense of operating a motor vehicle while
13intoxicated under section 321J.2, subsection 1.
14c. If a department of human services record check evaluation
15system child or dependent adult abuse record check shows that
16the person has a record of founded child or dependent adult
17abuse, the department of human services record check evaluation
18system shall notify the hospital that upon the request of
19the hospital the department of human services record check
20evaluation system will perform an evaluation to determine
21whether the founded child or dependent adult abuse warrants
22prohibition of the person’s employment in the hospital.
23d. An evaluation performed under this subsection shall
24be performed in accordance with procedures adopted for this
25purpose by the department of health and human services.
26e. (1) If a person owns or operates more than one hospital,
27and an employee of one of such hospitals is transferred to
28another such hospital without a lapse in employment, the
29hospital is not required to request additional criminal and
30child and dependent adult abuse record checks of that employee.
31(2) If the ownership of a hospital is transferred, at the
32time of transfer the record checks required by this section
33shall be performed for each employee for whom there is no
34documentation that such record checks have been performed.
35The hospital may continue to employ such employee pending the
-136-1performance of the record checks and any related evaluation.
23. In an evaluation, the department of human services
3 record check evaluation system shall consider the nature and
4seriousness of the crime or founded child or dependent adult
5abuse in relation to the position sought or held, the time
6elapsed since the commission of the crime or founded child
7or dependent adult abuse, the circumstances under which the
8crime or founded child or dependent adult abuse was committed,
9the degree of rehabilitation, the likelihood that the person
10will commit the crime or founded child or dependent adult
11abuse again, and the number of crimes or founded child or
12dependent adult abuses committed by the person involved. If
13the department of human services record check evaluation system
14 performs an evaluation for the purposes of this section, the
15department of human services record check evaluation system
16 has final authority in determining whether prohibition of the
17person’s employment is warranted.
184. a. Except as provided in subsection 1, paragraph “b”,
19subsection 2, and paragraph “b” of this subsection, a person
20who has committed a crime or has a record of founded child
21or dependent adult abuse shall not be employed in a hospital
22licensed under this chapter unless an evaluation has been
23performed by the department of human services record check
24evaluation system.
25b. A person with a criminal or abuse record who is or was
26employed by a hospital licensed under this chapter and is hired
27by another hospital shall be subject to the criminal history
28and abuse record checks required pursuant to subsection 1.
29However, if an evaluation was previously performed by the
30department of human services record check evaluation system
31 concerning the person’s criminal or abuse record and it was
32determined that the record did not warrant prohibition of
33the person’s employment and the latest record checks do not
34indicate a crime was committed or founded abuse record was
35entered subsequent to that evaluation, the person may commence
-137-1employment with the other hospital in accordance with the
2department of human services’ record check evaluation system’s
3 evaluation and an exemption from the requirements in paragraph
4“a” for reevaluation of the latest record checks is authorized.
5Otherwise, the requirements of paragraph “a” remain applicable
6to the person’s employment. Authorization of an exemption
7under this paragraph “b” from requirements for reevaluation of
8the latest record checks by the department of human services
9 record check evaluation system is subject to all of the
10following provisions:
11(1) The position with the subsequent employer is
12substantially the same or has the same job responsibilities as
13the position for which the previous evaluation was performed.
14(2) Any restrictions placed on the person’s employment in
15the previous evaluation by the department of human services
16 record check evaluation system shall remain applicable in the
17person’s subsequent employment.
18(3) The person subject to the record checks has maintained a
19copy of the previous evaluation and provides the evaluation to
20the subsequent employer or the previous employer provides the
21previous evaluation from the person’s personnel file pursuant
22to the person’s authorization. If a physical copy of the
23previous evaluation is not provided to the subsequent employer,
24the record checks shall be reevaluated.
25(4) Although an exemption under this lettered paragraph “b”
26may be authorized, the subsequent employer may instead request
27a reevaluation of the record checks and may employ the person
28while the reevaluation is being performed.
295. a. If a person employed by a hospital that is subject
30to this section is convicted of a crime or has a record of
31founded child or dependent adult abuse entered in the abuse
32registry after the person’s employment application date, the
33person shall inform the hospital of such information within
34forty-eight hours of the criminal conviction or entry of the
35record of founded child or dependent adult abuse. The hospital
-138-1shall act to verify the information within seven calendar
2days of notification. If the information is verified, the
3requirements of subsections 2, 3, and 4 regarding employability
4and evaluations shall be applied by the hospital to determine
5whether or not the person’s employment is continued. The
6hospital may continue to employ the person pending the
7performance of an evaluation by the department of human
8services record check evaluation system to determine whether
9prohibition of the person’s employment is warranted. A person
10who is required by this subsection to inform the person’s
11employer of a conviction or entry of an abuse record and
12fails to do so within the required period commits a serious
13misdemeanor.
14b. If a hospital receives credible information, as
15determined by the hospital, that a person employed by the
16hospital has been convicted of a crime or a record of founded
17child or dependent adult abuse has been entered in the
18abuse registry after employment from a person other than the
19employee and the employee has not informed the hospital of such
20information within the period required under paragraph “a”, the
21hospital shall act to verify the credible information within
22seven calendar days of receipt of the credible information. If
23the information is verified, the requirements of subsections
242, 3, and 4 regarding employability and evaluations shall
25be applied by the hospital to determine whether or not the
26person’s employment is continued.
27c. The hospital may notify the county attorney for the
28county where the hospital is located of any violation or
29failure by an employee to notify the hospital of a criminal
30conviction or entry of an abuse record within the period
31required under paragraph “a”.
326. A hospital licensed in this state may access the single
33contact repository established by the department pursuant to
34section 135C.33 as necessary for the hospital to perform record
35checks of persons employed or being considered for employment
-139-1by the hospital.
27. For the purposes of this section, “comprehensive
3preliminary background check” means and “record check evaluation
4system” mean the same as defined in section 135C.1.
5 Sec. 187. Section 135C.1, subsection 20, Code 2023, is
6amended to read as follows:
720. “Residential care facility” means any institution,
8place, building, or agency providing for a period exceeding
9twenty-four consecutive hours accommodation, board, personal
10assistance and other essential daily living activities to
11three or more individuals, not related to the administrator or
12owner thereof within the third degree of consanguinity, who by
13reason of illness, disease, or physical or mental infirmity
14are unable to sufficiently or properly care for themselves but
15who do not require the services of a registered or licensed
16practical nurse except on an emergency basis or who by reason
17of illness, disease, or physical or mental infirmity are unable
18to sufficiently or properly care for themselves but who do not
19require the services of a registered or licensed practical
20nurse except on an emergency basis if home and community-based
21services, other than nursing care, as defined by this chapter
22and departmental rule, are provided. For the purposes of
23this definition, the home and community-based services to be
24provided are limited to the type included under the medical
25assistance program provided pursuant to chapter 249A, are
26subject to cost limitations established by the department
27of health and human services under the medical assistance
28program, and except as otherwise provided by the department of
29inspections and appeals with the concurrence of the department
30of health and human services, are limited in capacity to the
31number of licensed residential care facilities and the number
32of licensed residential care facility beds in the state as of
33December 1, 2003.
34 Sec. 188. Section 135C.1, Code 2023, is amended by adding
35the following new subsection:
-140-1 NEW SUBSECTION. 18A. “Record check evaluation system” means
2the record check evaluation system of the department of health
3and human services used to perform child and dependent adult
4abuse record checks and to evaluate criminal history and abuse
5records.
6 Sec. 189. Section 135C.4, subsection 3, Code 2023, is
7amended to read as follows:
83. For the purposes of this section, the home and
9community-based services to be provided shall be limited
10to the type included under the medical assistance program
11provided pursuant to chapter 249A, shall be subject to cost
12limitations established by the department of health and human
13services under the medical assistance program, and except
14as otherwise provided by the department of inspections and
15appeals with the concurrence of the department of health and
16 human services, shall be limited in capacity to the number of
17licensed residential care facilities and the number of licensed
18residential care facility beds in the state as of December 1,
192003.
20 Sec. 190. Section 135C.6, subsections 8 and 9, Code 2023,
21are amended to read as follows:
228. The following residential programs to which the
23department of health and human services applies accreditation,
24certification, or standards of review shall not be required to
25be licensed as a health care facility under this chapter:
26a. Residential programs providing care to not more than four
27individuals and receiving moneys appropriated to the department
28of health and human services under provisions of a federally
29approved home and community-based services waiver for persons
30with an intellectual disability or other medical assistance
31program under chapter 249A. In approving a residential
32program under this paragraph, the department of health and
33 human services shall consider the geographic location of the
34program so as to avoid an overconcentration of such programs
35in an area. In order to be approved under this paragraph,
-141-1a residential program shall not be required to involve the
2conversion of a licensed residential care facility for persons
3with an intellectual disability.
4b. Not more than forty residential care facilities for
5persons with an intellectual disability that are licensed to
6serve not more than five individuals may be authorized by the
7department of health and human services to convert to operation
8as a residential program under the provisions of a medical
9assistance home and community-based services waiver for persons
10with an intellectual disability. A converted residential
11program operating under this paragraph is subject to the
12conditions stated in paragraph “a” except that the program shall
13not serve more than five individuals.
14c. A residential program approved by the department of
15health and human services pursuant to this paragraph “c” to
16receive moneys appropriated to the department of health and
17 human services under provisions of a federally approved home
18and community-based services habilitation or waiver program may
19provide care to not more than five individuals. The department
20shall approve a residential program under this paragraph that
21complies with all of the following conditions:
22(1) Approval of the program will not result in an
23overconcentration of such programs in an area.
24(2) The county in which the residential program is located
25submits to the department of health and human services a letter
26of support for approval of the program.
27(3) The county in which the residential program is located
28provides to the department of health and human services
29verification in writing that the program is needed to address
30one or more of the following:
31(a) The quantity of services currently available in the
32county is insufficient to meet the need.
33(b) The quantity of affordable rental housing in the county
34is insufficient.
35(c) Implementation of the program will cause a reduction in
-142-1the size or quantity of larger congregate programs.
29. Contingent upon the department of health and human
3services receiving federal approval, a residential program
4which serves not more than eight individuals and is licensed as
5an intermediate care facility for persons with an intellectual
6disability may surrender the facility license and continue
7to operate under a federally approved medical assistance
8home and community-based services waiver for persons with an
9intellectual disability, if the department of health and human
10services has approved a plan submitted by the residential
11program.
12 Sec. 191. Section 135C.14, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14The department shall, in accordance with chapter 17A and
15with the approval of the state board of council on health
16and human services, adopt and enforce rules setting minimum
17standards for health care facilities. In so doing, the
18department, with the approval of the state board of council
19on health and human services, may adopt by reference, with
20or without amendment, nationally recognized standards and
21rules, which shall be specified by title and edition, date
22of publication, or similar information. The rules and
23standards required by this section shall be formulated in
24consultation with the director of health and human services or
25the director’s designee, with the state fire marshal, and with
26affected industry, professional, and consumer groups, and shall
27be designed to further the accomplishment of the purposes of
28this chapter and shall relate to:
29 Sec. 192. Section 135C.16, subsection 3, Code 2023, is
30amended to read as follows:
313. An authorized representative of the department may
32enter any licensed health care facility without a warrant,
33and may examine all records pertaining to the care provided
34residents of the facility. An authorized representative of the
35department may contact or interview any resident, employee, or
-143-1any other person who might have knowledge about the operation
2of a health care facility. An authorized representative of the
3department of health and human services shall have the same
4right with respect to any facility where one or more residents
5are cared for entirely or partially at public expense, and an
6authorized representative of the designated protection and
7advocacy agency shall have the same right with respect to
8any facility where one or more residents have developmental
9disabilities or mental illnesses, and the state fire marshal
10or a deputy appointed pursuant to section 135C.9, subsection
111, paragraph “b”, shall have the same right of entry into any
12facility and the right to inspect any records pertinent to
13fire safety practices and conditions within that facility, and
14an authorized representative of the office of long-term care
15ombudsman shall have the same right with respect to any nursing
16facility or residential care facility. If any such authorized
17representative has probable cause to believe that any
18institution, building, or agency not licensed as a health care
19facility is in fact a health care facility as defined by this
20chapter, and upon producing identification that the individual
21is an authorized representative is denied entry thereto to
22the facility for the purpose of making an inspection, the
23authorized representative may, with the assistance of the
24county attorney of the county in which the purported health
25care facility is located, apply to the district court for an
26order requiring the owner or occupant to permit entry and
27inspection of the premises to determine whether there have been
28any violations of this chapter.
29 Sec. 193. Section 135C.17, Code 2023, is amended to read as
30follows:
31135C.17 Duties of other departments.
32It shall be the duty of the department of health and
33 human services, state fire marshal, office of long-term care
34ombudsman, and the officers and agents of other state and local
35governmental units, and the designated protection and advocacy
-144-1agency to assist the department in carrying out the provisions
2of this chapter, insofar as the functions of these respective
3offices and departments are concerned with the health, welfare,
4and safety of any resident of any health care facility. It
5shall be the duty of the department to cooperate with the
6protection and advocacy agency and the office of long-term
7care ombudsman by responding to all reasonable requests for
8assistance and information as required by federal law and this
9chapter.
10 Sec. 194. Section 135C.19, subsection 2, paragraph b, Code
112023, is amended to read as follows:
12b. A copy of each citation required to be posted by this
13subsection shall be sent by the department to the department
14of health and human services, to the designated protection
15and advocacy agency if the facility has one or more residents
16with developmental disabilities or mental illness, and to the
17office of long-term care ombudsman if the facility is a nursing
18facility or residential care facility.
19 Sec. 195. Section 135C.19, subsection 3, Code 2023, is
20amended to read as follows:
213. If the facility cited subsequently advises the
22department of health and human services that the violation
23has been corrected to the satisfaction of the department of
24inspections and appeals, the department of health and human
25services shall maintain this advisory in the same file with
26the copy of the citation. The department of health and human
27services shall not disseminate to the public any information
28regarding citations issued by the department of inspections and
29appeals, but shall forward or refer inquiries to the department
30of inspections and appeals.
31 Sec. 196. Section 135C.20A, subsection 2, Code 2023, is
32amended to read as follows:
332. The report card form shall be developed by the department
34in cooperation with representatives of the department on
35aging of health and human services, the state long-term care
-145-1ombudsman, representatives of certified volunteer long-term
2care ombudsmen, representatives of protection and advocacy
3entities, consumers, and other interested persons.
4 Sec. 197. Section 135C.22, Code 2023, is amended to read as
5follows:
6135C.22 Applicable to governmental units.
7The provisions of this chapter shall be applicable to
8institutions operated by or under the control of the department
9of health and human services, the state board of regents, or
10any other governmental unit.
11 Sec. 198. Section 135C.31A, Code 2023, is amended to read
12as follows:
13135C.31A Assessment of residents — program eligibility —
14prescription drug coverage.
151. A health care facility shall assist the Iowa department
16of veterans affairs in identifying, upon admission of a
17resident, the resident’s eligibility for benefits through the
18United States department of veterans affairs. The department
19of inspections and appeals, in cooperation with the department
20of health and human services, shall adopt rules to administer
21this section, including a provision that ensures that if a
22resident is eligible for benefits through the United States
23department of veterans affairs or other third-party payor,
24the payor of last resort for reimbursement to the health care
25facility is the medical assistance program. The rules shall
26also require the health care facility to request information
27from a resident or resident’s personal representative regarding
28the resident’s veteran status and to report to the Iowa
29department of veterans affairs only the names of residents
30identified as potential veterans along with the names of their
31spouses and any dependents. Information reported by the
32health care facility shall be verified by the Iowa department
33of veterans affairs. This section shall not apply to the
34admission of an individual to a state mental health institute
35for acute psychiatric care or to the admission of an individual
-146-1to the Iowa veterans home.
22. a. If a resident is identified, upon admission to a
3health care facility, as eligible for benefits through the
4United States department of veterans affairs pursuant to
5subsection 1 or through other means, the health care facility
6shall allow the resident to access any prescription drug
7benefit included in such benefits for which the resident is
8also eligible. The health care facility shall also assist the
9Iowa department of veterans affairs in identifying individuals
10residing in such health care facilities on July 1, 2009, who
11are eligible for the prescription drug benefit.
12b. The department of inspections and appeals, the department
13of veterans affairs, and the department of health and human
14services shall identify any barriers to residents in accessing
15such prescription drug benefits and shall assist health
16care facilities in adjusting their procedures for medication
17administration to comply with this subsection.
18 Sec. 199. Section 135C.33, Code 2023, is amended to read as
19follows:
20135C.33 Employees and certified nurse aide trainees — child
21or dependent adult abuse information and criminal record check
22options — evaluations — application to other providers —
23penalty.
241. a. For the purposes of this section, the term “crime”
25does not include offenses under chapter 321 classified as a
26simple misdemeanor or equivalent simple misdemeanor offenses
27from another jurisdiction.
28b. Prior to employment of a person in a facility or with a
29provider as specified in subsection 5, the facility or provider
30shall do one of the following:
31(1) Request that the department of public safety perform a
32criminal history check and the record check evaluation system
33of the department of health and human services perform child
34and dependent adult abuse record checks of the person in this
35state.
-147- 1(2) Access the single contact repository to perform the
2required record checks.
3c. (1) If a facility or a provider as specified in
4subsection 5 accesses the single contact repository to perform
5the required record checks pursuant to paragraph “b”, the
6facility or provider may utilize a third-party vendor to
7perform a comprehensive preliminary background check and
8provisionally employ a person being considered for employment
9pending completion of the required record checks through
10the single contact repository and the evaluation by the
11department of human services record check evaluation system, as
12applicable, subject to all of the following:
13(a) If the comprehensive preliminary background check
14determines that the person being considered for employment has
15been convicted of a crime, but the crime does not constitute a
16felony as defined in section 701.7 and is not a crime specified
17pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
18712, or pursuant to section 726.3, 726.27, or 726.28.
19(b) If the comprehensive preliminary background check
20determines the person being considered for employment does not
21have a record of founded child abuse or dependent adult abuse
22or if an exception pursuant to subsection 4 is applicable to
23the person.
24(c) If the facility or provider has requested an evaluation
25in accordance with subsection 2, paragraph “a”, to determine
26whether the crime warrants prohibition of the person’s
27employment in the facility or with the provider.
28(2) The provisional employment under this paragraph “c”
29may continue until such time as the required record checks
30through the single contact repository and the evaluation by the
31department of human services record check evaluation system,
32as applicable, are completed.
33d. A facility or provider shall inform all persons prior
34to employment regarding the performance of the record checks
35and shall obtain, from the persons, a signed acknowledgment of
-148-1the receipt of the information. A facility or provider shall
2include the following inquiry in an application for employment:
3Do you have a record of founded child or dependent adult abuse
4or have you ever been convicted of a crime other than a simple
5misdemeanor offense relating to motor vehicles and laws of the
6road under chapter 321 or equivalent provisions, in this state
7or any other state?
82. a. If it is determined that a person being considered
9for employment in a facility or with a provider has been
10convicted of a crime under a law of any state, the department
11of public safety shall notify the facility or provider that
12upon the request of the facility or provider the department of
13human services record check evaluation system will perform an
14evaluation to determine whether the crime warrants prohibition
15of the person’s employment in the facility or with the
16provider.
17b. (1) If a person being considered for employment, other
18than employment involving the operation of a motor vehicle, has
19been convicted of a crime listed in subparagraph (2) but does
20not have a record of founded child or dependent adult abuse
21and the facility or provider has requested an evaluation in
22accordance with paragraph “a” to determine whether the crime
23warrants prohibition of the person’s employment, the facility
24or provider may employ the person for not more than sixty
25calendar days pending completion of the evaluation.
26(2) Subparagraph (1) applies to a crime that is a simple
27misdemeanor offense under section 123.47, and to a crime
28that is a first offense of operating a motor vehicle while
29intoxicated under section 321J.2, subsection 1.
30c. If a department of human services record check evaluation
31system child or dependent adult abuse record check shows
32that such person has a record of founded child or dependent
33adult abuse, the department of human services record check
34evaluation system shall notify the facility or provider that
35upon the request of the facility or provider the department of
-149-1human services record check evaluation system will perform an
2evaluation to determine whether the founded child or dependent
3adult abuse warrants prohibition of employment in the facility
4or with the provider.
5d. An evaluation performed under this subsection shall
6be performed in accordance with procedures adopted for this
7purpose by the department of health and human services.
8e. (1) If a person owns or operates more than one facility
9or a provider owns or operates more than one location, and
10an employee of one of such facilities or provider locations
11is transferred to another such facility or provider location
12without a lapse in employment, the facility or provider is not
13required to request additional criminal and child and dependent
14adult abuse record checks of that employee.
15(2) If the ownership of a facility or provider is
16transferred, at the time of transfer the record checks required
17by this section shall be performed for each employee for whom
18there is no documentation that such record checks have been
19performed. The facility or provider may continue to employ
20such employee pending the performance of the record checks and
21any related evaluation.
223. In an evaluation, the department of human services
23 record check evaluation system shall consider the nature and
24seriousness of the crime or founded child or dependent adult
25abuse in relation to the position sought or held, the time
26elapsed since the commission of the crime or founded child
27or dependent adult abuse, the circumstances under which the
28crime or founded child or dependent adult abuse was committed,
29the degree of rehabilitation, the likelihood that the person
30will commit the crime or founded child or dependent adult
31abuse again, and the number of crimes or founded child or
32dependent adult abuses committed by the person involved. If
33the department of human services record check evaluation system
34 performs an evaluation for the purposes of this section, the
35department of human services record check evaluation system
-150-1 has final authority in determining whether prohibition of the
2person’s employment is warranted.
34. a. Except as provided in subsection 1, paragraph “c”,
4subsection 2, and paragraph “b” of this subsection, a person
5who has committed a crime or has a record of founded child or
6dependent adult abuse shall not be employed in a facility or
7with a provider unless an evaluation has been performed by the
8department of human services record check evaluation system.
9b. A person with a criminal or abuse record who is or was
10employed by a facility or provider and is hired by another
11facility or provider shall be subject to the criminal history
12and abuse record checks required pursuant to subsection 1.
13However, if an evaluation was previously performed by the
14department of human services record check evaluation system
15 concerning the person’s criminal or abuse record and it was
16determined that the record did not warrant prohibition of
17the person’s employment and the latest record checks do not
18indicate a crime was committed or founded abuse record was
19entered subsequent to that evaluation, the person may commence
20employment with the other facility or provider in accordance
21with the department of human services’ record check evaluation
22system’s evaluation and an exemption from the requirements in
23paragraph “a” for reevaluation of the latest record checks
24is authorized. Otherwise, the requirements of paragraph “a”
25remain applicable to the person’s employment. Authorization
26of an exemption under this paragraph “b” from requirements for
27reevaluation of the latest record checks by the department of
28human services record check evaluation system is subject to all
29of the following provisions:
30(1) The position with the subsequent employer is
31substantially the same or has the same job responsibilities as
32the position for which the previous evaluation was performed.
33(2) Any restrictions placed on the person’s employment in
34the previous evaluation by the department of human services
35 record check evaluation system shall remain applicable in the
-151-1person’s subsequent employment.
2(3) The person subject to the record checks has maintained a
3copy of the previous evaluation and provides the evaluation to
4the subsequent employer or the previous employer provides the
5previous evaluation from the person’s personnel file pursuant
6to the person’s authorization. If a physical copy of the
7previous evaluation is not provided to the subsequent employer,
8the record checks shall be reevaluated.
9(4) Although an exemption under this paragraph “b” may
10be authorized, the subsequent employer may instead request a
11reevaluation of the record checks and may employ the person
12while the reevaluation is being performed.
135. a. This section shall also apply to prospective
14employees of all of the following, if the provider is regulated
15by the state or receives any state or federal funding:
16(1) An employee of a homemaker-home health aide, home care
17aide, adult day services, or other provider of in-home services
18if the employee provides direct services to consumers.
19(2) An employee of a hospice, if the employee provides
20direct services to consumers.
21(3) An employee who provides direct services to consumers
22under a federal home and community-based services waiver.
23(4) An employee of an elder group home certified under
24chapter 231B, if the employee provides direct services to
25consumers.
26(5) An employee of an assisted living program certified
27under chapter 231C, if the employee provides direct services
28to consumers.
29b. In substantial conformance with the provisions of this
30section, including the provision authorizing provisional
31employment following completion of a comprehensive preliminary
32background check, prior to the employment of such an employee,
33the provider shall request the performance of the criminal
34and child and dependent adult abuse record checks. The
35provider shall inform the prospective employee and obtain the
-152-1prospective employee’s signed acknowledgment. The department
2of human services record check evaluation system shall perform
3the evaluation of any criminal record or founded child or
4dependent adult abuse record and shall make the determination
5of whether a prospective employee of a provider shall not be
6employed by the provider.
76. a. This section shall also apply to an employee of
8a temporary staffing agency that provides staffing for a
9facility, service, program, or other provider regulated by this
10section if the employee provides direct services to consumers.
11b. In substantial conformance with the provisions of this
12section, including the provision authorizing provisional
13employment following completion of a comprehensive preliminary
14background check, prior to the employment of such an employee,
15the temporary staffing agency shall request the performance of
16the criminal and child and dependent adult abuse record checks.
17The temporary staffing agency shall inform the prospective
18employee and obtain the prospective employee’s signed
19acknowledgment. The department of human services record check
20evaluation system shall perform the evaluation of any criminal
21record or founded child or dependent adult abuse record
22and shall make the determination of whether a prospective
23employee of a temporary staffing agency shall not be employed
24by the assisted living program as defined in section 231C.2,
25the Medicare certified home health agency, or the facility,
26service, program, or other provider regulated by this section.
27c. If a person employed by a temporary staffing agency that
28is subject to this section is convicted of a crime or has a
29record of founded child or dependent adult abuse entered in the
30abuse registry after the person’s employment application date,
31the person shall inform the temporary staffing agency within
32forty-eight hours and the temporary staffing agency shall
33inform the facility, service, program, or other provider within
34two hours.
35d. If a temporary staffing agency fails to comply with the
-153-1requirements of this section, the temporary staffing agency
2shall be liable to the facility, service, program, or other
3provider for any actual damages, including civil penalties, and
4reasonable attorney fees.
5e. This section shall not apply to employees employed by a
6temporary staffing agency for a position that does not provide
7direct services to consumers.
87. a. The department of inspections and appeals, in
9conjunction with other departments and agencies of state
10government involved with criminal history and abuse registry
11information, shall establish a single contact repository for
12facilities and other providers to have electronic access to
13data to perform background checks for purposes of employment,
14as required of the facilities and other providers under this
15section.
16b. The department may access the single contact repository
17for any of the following purposes:
18(1) To verify data transferred from the department’s nurse
19aide registry to the repository.
20(2) To conduct record checks of applicants for employment
21with the department.
228. a. If a person employed by a facility, service, or
23program employer that is subject to this section is convicted
24of a crime or has a record of founded child or dependent
25adult abuse entered in the abuse registry after the person’s
26employment application date, the person shall inform the
27employer of such information within forty-eight hours of the
28criminal conviction or entry of the record of founded child or
29dependent adult abuse. The employer shall act to verify the
30information within seven calendar days of notification. If
31the information is verified, the requirements of subsections
322, 3, and 4 regarding employability and evaluations shall
33be applied by the employer to determine whether or not the
34person’s employment is continued. The employer may continue to
35employ the person pending the performance of an evaluation by
-154-1the department of human services record check evaluation system
2 to determine whether prohibition of the person’s employment
3is warranted. A person who is required by this subsection to
4inform the person’s employer of a conviction or entry of an
5abuse record and fails to do so within the required period
6commits a serious misdemeanor.
7b. If a facility, service, or program employer receives
8credible information, as determined by the employer, that a
9person employed by the employer has been convicted of a crime
10or a record of founded child or dependent adult abuse has been
11entered in the abuse registry after employment from a person
12other than the employee and the employee has not informed
13the employer of such information within the period required
14under paragraph “a”, the employer shall act to verify the
15credible information within seven calendar days of receipt of
16the credible information. If the information is verified, the
17requirements of subsections 2, 3, and 4 regarding employability
18and evaluations shall be applied to determine whether or not
19the person’s employment is continued.
20c. The employer may notify the county attorney for the
21county where the employer is located of any violation or
22failure by an employee to notify the employer of a criminal
23conviction or entry of an abuse record within the period
24required under paragraph “a”.
259. a. For the purposes of this subsection, unless the
26context otherwise requires:
27(1) “Certified nurse aide training program” means a program
28approved in accordance with the rules for such programs adopted
29by the department of health and human services for the training
30of persons seeking to be a certified nurse aide for employment
31in any of the facilities or programs this section applies to or
32in a hospital, as defined in section 135B.1.
33(2) “Student” means a person applying for, enrolled in, or
34returning to a certified nurse aide training program.
35b. (1) Prior to a student beginning or returning to a
-155-1certified nurse aide training program, the program shall do one
2of the following:
3(a) Request that the department of public safety perform
4a criminal history check and the department of human services
5 record check evaluation system perform child and dependent
6adult abuse record checks, in this state, of the student.
7(b) Access the single contact repository to perform the
8required record checks.
9(2) If a program accesses the single contact repository to
10perform the required record checks pursuant to subparagraph
11(1), the program may utilize a third-party vendor to perform a
12comprehensive preliminary background check to allow a person
13to provisionally participate in the clinical component of the
14certified nurse aide training program pending completion of the
15required record checks through the single contact repository
16and the evaluation by the department of human services record
17check evaluation system, as applicable, subject to all of the
18following:
19(a) If the comprehensive preliminary background check
20determines that the person being considered for provisional
21participation has been convicted of a crime but the crime does
22not constitute a felony as defined in section 701.7 and is not
23a crime specified pursuant to chapter 708, 708A, 709, 709A,
24710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
25or 726.28.
26(b) If the comprehensive preliminary background check
27determines the person being considered for provisional
28participation does not have a record of founded child abuse or
29dependent adult abuse or if an exception pursuant to subsection
304 is applicable to the person.
31(c) If the program has requested an evaluation in accordance
32with subsection 2, paragraph “a”, to determine whether the crime
33warrants prohibition of the person’s provisional participation.
34(d) The provisional participation under this subparagraph
35(2) may continue until such time as the required record checks
-156-1through the single contact repository and the evaluation by the
2department of human services record check evaluation system,
3as applicable, are completed.
4c. If a student has a criminal record or a record of
5founded child or dependent adult abuse, the student shall
6not be involved in a clinical education component of the
7certified nurse aide training program involving children or
8dependent adults unless an evaluation has been performed by the
9department of human services record check evaluation system.
10Upon request of the certified nurse aide training program, the
11department of human services record check evaluation system
12 shall perform an evaluation to determine whether the record
13warrants prohibition of the student’s involvement in a clinical
14education component of the certified nurse aide training
15program involving children or dependent adults. The evaluation
16shall be performed in accordance with the criteria specified in
17subsection 3, and the department of human services record check
18evaluation system shall report the results of the evaluation
19to the certified nurse aide training program. The department
20of human services record check evaluation system has final
21authority in determining whether prohibition of the student’s
22involvement in the clinical education component is warranted.
23d. (1) If a student’s clinical education component of the
24training program involves children or dependent adults but
25does not involve operation of a motor vehicle, and the student
26has been convicted of a crime listed in subparagraph (2), but
27does not have a record of founded child or dependent adult
28abuse, and the training program has requested an evaluation in
29accordance with paragraph “c” to determine whether the crime
30warrants prohibition of the student’s involvement in such
31clinical education component, the training program may allow
32the student’s participation in the component for not more than
33sixty days pending completion of the evaluation.
34(2) Subparagraph (1) applies to a crime that is a simple
35misdemeanor offense under section 123.47, and to a crime
-157-1that is a first offense of operating a motor vehicle while
2intoxicated under section 321J.2, subsection 1.
3e. (1) If a student is convicted of a crime or has a
4record of founded child or dependent adult abuse entered in the
5abuse registry after the record checks and any evaluation have
6been performed, the student shall inform the certified nurse
7aide training program of such information within forty-eight
8hours of the criminal conviction or entry of the record of
9founded child or dependent adult abuse. The program shall
10act to verify the information within seven calendar days of
11notification. If the information is verified, the requirements
12of paragraph “c” shall be applied by the program to determine
13whether or not the student’s involvement in a clinical
14education component may continue. The program may allow
15the student involvement to continue pending the performance
16of an evaluation by the department of human services record
17check evaluation system. A student who is required by this
18subparagraph to inform the program of a conviction or entry of
19an abuse record and fails to do so within the required period
20commits a serious misdemeanor.
21(2) If a program receives credible information, as
22determined by the program, that a student has been convicted
23of a crime or a record of founded child or dependent adult
24abuse has been entered in the abuse registry after the record
25checks and any evaluation have been performed, from a person
26other than the student and the student has not informed the
27program of such information within the period required under
28subparagraph (1), the program shall act to verify the credible
29information within seven calendar days of receipt of the
30credible information. If the information is verified, the
31requirements of paragraph “c” shall be applied to determine
32whether or not the student’s involvement in a clinical
33education component may continue.
34(3) The program may notify the county attorney for the
35county where the program is located of any violation or failure
-158-1by a student to notify the program of a criminal conviction
2or entry of an abuse record within the period required under
3subparagraph (1).
4f. If a certified nurse aide training program is conducted
5by a health care facility and a student of that program
6subsequently accepts and begins employment with the facility
7within thirty days of completing the program, the criminal
8history and abuse registry checks of the student performed
9pursuant to this subsection shall be deemed to fulfill the
10requirements for such checks prior to employment pursuant to
11subsection 1.
12 Sec. 200. Section 135D.2, subsections 3 and 13, Code 2023,
13are amended to read as follows:
143. “Department” means the department of public health and
15human services.
1613. “Iowa Medicaid enterprise program” means the centralized
17 medical assistance program infrastructure, based on a business
18enterprise model, and designed to foster collaboration among
19all program stakeholders by focusing on quality, integrity, and
20consistency as defined in section 249A.2.
21 Sec. 201. Section 135D.6, subsection 2, Code 2023, is
22amended to read as follows:
232. A single industry shall not be disproportionately
24represented as voting members of the board. The board shall
25include at least one member who is a consumer of health
26services and a majority of the voting members of the board
27shall be representative of participants in the Iowa health
28information network. The director of public health and human
29services or the director’s designee and the director of the
30Iowa Medicaid enterprise program or the director’s designee
31shall act as voting members of the board. The commissioner
32of insurance shall act as an ex officio, nonvoting member of
33the board. Individuals serving in an ex officio, nonvoting
34capacity shall not be included in the total number of
35individuals authorized as members of the board.
-159-1 Sec. 202. Section 135D.6, subsection 3, paragraph f, Code
22023, is amended to read as follows:
3f. Provide an annual budget and fiscal report for the Iowa
4health information network to the governor, the department of
5public health and human services, the department of management,
6the chairs and ranking members of the legislative government
7oversight standing committees, and the legislative services
8agency. The report shall also include information about the
9services provided through the network and information on the
10participant usage of the network.
11 Sec. 203. Section 135G.10, Code 2023, is amended to read as
12follows:
13135G.10 Rules.
141. The department of inspections and appeals and the
15department of health and human services shall collaborate
16in establishing standards for licensing of subacute care
17facilities to achieve all of the following objectives:
18a. Subacute mental health services are provided based on
19sound, proven clinical practice.
20b. Subacute mental health services are established in a
21manner that allows the services to be included in the federal
22medical assistance state plan.
232. It is the intent of the general assembly that subacute
24mental health services be included in the Medicaid state
25plan adopted for the implementation of the federal Patient
26Protection and Affordable Care Act, benchmark plan.
273. The department of inspections and appeals, in
28consultation with the department of health and human services
29and affected professional groups, shall adopt and enforce rules
30setting out the standards for a subacute care facility and the
31rights of the residents admitted to a subacute care facility.
32The department of inspections and appeals and the department
33of health and human services shall coordinate the adoption of
34rules and the enforcement of the rules in order to prevent
35duplication of effort by the departments and of requirements of
-160-1the licensee.
2 Sec. 204. Section 135G.11, subsection 2, Code 2023, is
3amended to read as follows:
42. Upon receipt of a complaint made in accordance with
5subsection 1, the department shall make a preliminary review
6of the complaint. Unless the department concludes that the
7complaint is intended to harass a subacute care facility or
8a licensee or is without reasonable basis, it shall within
9twenty working days of receipt of the complaint make or cause
10to be made an on-site inspection of the subacute care facility
11which is the subject of the complaint. The department of
12inspections and appeals may refer to the department of health
13and human services any complaint received by the department
14of inspections and appeals if the complaint applies to rules
15adopted by the department of health and human services. The
16complainant shall also be notified of the name, address, and
17telephone number of the designated protection and advocacy
18agency if the alleged violation involves a facility with one
19or more residents with a developmental disability or mental
20illness. In any case, the complainant shall be promptly
21informed of the result of any action taken by the department
22in the matter.
23 Sec. 205. Section 135H.4, Code 2023, is amended to read as
24follows:
25135H.4 Licensure.
26A person shall not establish, operate, or maintain a
27psychiatric medical institution for children unless the person
28obtains a license for the institution under this chapter and
29either holds a license under section 237.3, subsection 2,
30paragraph “a”, as a comprehensive residential facility for
31children or holds a license under section 125.13, if the
32facility provides substance abuse use disorder treatment.
33 Sec. 206. Section 135H.6, subsection 1, paragraph e, Code
342023, is amended to read as follows:
35e. The department of health and human services has submitted
-161-1written approval of the application based on the department
2of health and human services’ determination of need. The
3department of health and human services shall identify the
4location and number of children in the state who require the
5services of a psychiatric medical institution for children.
6Approval of an application shall be based upon the location
7of the proposed psychiatric institution relative to the need
8for services identified by the department of health and human
9services and an analysis of the applicant’s ability to provide
10services and support consistent with requirements under chapter
11232, particularly regarding community-based treatment. If
12the proposed psychiatric institution is not freestanding from
13a facility licensed under chapter 135B or 135C, approval
14under this paragraph shall not be given unless the department
15of health and human services certifies that the proposed
16psychiatric institution is capable of providing a resident with
17a living environment similar to the living environment provided
18by a licensee which is freestanding from a facility licensed
19under chapter 135B or 135C.
20 Sec. 207. Section 135H.6, subsections 2, 3, 4, and 5, Code
212023, are amended to read as follows:
222. The department of health and human services shall
23not give approval to an application which would cause the
24total number of beds licensed under this chapter for services
25reimbursed by the medical assistance program under chapter 249A
26to exceed four hundred thirty beds.
273. In addition to the beds authorized under subsection
282, the department of health and human services may establish
29not more than thirty beds licensed under this chapter at the
30state mental health institute at Independence. The beds shall
31be exempt from the certificate of need requirement under
32subsection 1, paragraph “d”.
334. The department of health and human services may give
34approval to conversion of beds approved under subsection 2,
35to beds which are specialized to provide substance abuse
-162-1 use disorder treatment. However, the total number of beds
2approved under subsection 2 and this subsection shall not
3exceed four hundred thirty. Conversion of beds under this
4subsection shall not require a revision of the certificate
5of need issued for the psychiatric institution making the
6conversion. Beds for children who do not reside in this state
7and whose service costs are not paid by public funds in this
8state are not subject to the limitations on the number of beds
9and certificate of need requirements otherwise applicable under
10this section.
115. A psychiatric institution licensed prior to July 1, 1999,
12may exceed the number of beds authorized under subsection 2
13if the excess beds are used to provide services funded from a
14source other than the medical assistance program under chapter
15249A. Notwithstanding subsection 1, paragraphs “d” and “e”,
16and subsection 2, the provision of services using those excess
17beds does not require a certificate of need or a review by the
18department of health and human services.
19 Sec. 208. Section 135H.7, Code 2023, is amended to read as
20follows:
21135H.7 Personnel.
221. A person shall not be allowed to provide services in a
23psychiatric institution if the person has a disease which is
24transmissible to other persons through required contact in the
25workplace, which presents a significant risk of infecting other
26persons, which presents a substantial possibility of harming
27other persons, or for which no reasonable accommodation can
28eliminate the risk of infecting other persons.
292. a. If a person is being considered for licensure under
30this chapter, or for employment involving direct responsibility
31for a child or with access to a child when the child is alone,
32by a licensed psychiatric institution, or if a person will
33reside in a facility utilized by a licensee, and if the person
34has been convicted of a crime or has a record of founded child
35abuse, the department of human services record check evaluation
-163-1system and the licensee, for an employee of the licensee, shall
2perform an evaluation to determine whether the crime or founded
3child abuse warrants prohibition of licensure, employment, or
4residence in the facility. The record check evaluation system
5of the department of health and human services shall conduct
6criminal and child abuse record checks in this state and may
7conduct these checks in other states. The evaluation shall
8be performed in accordance with procedures adopted for this
9purpose by the department of health and human services.
10b. If the department of human services record check
11evaluation system determines that a person has committed a
12crime or has a record of founded child abuse and is licensed,
13employed by a psychiatric institution licensed under this
14chapter, or resides in a licensed facility, the department
15 record check evaluation system shall notify the program
16that an evaluation will be conducted to determine whether
17prohibition of the person’s licensure, employment, or residence
18is warranted.
19c. In an evaluation, the department of human services
20 record check evaluation system and the licensee for an employee
21of the licensee shall consider the nature and seriousness of
22the crime or founded child abuse in relation to the position
23sought or held, the time elapsed since the commission of the
24crime or founded child abuse, the circumstances under which
25the crime or founded child abuse was committed, the degree of
26rehabilitation, the likelihood that the person will commit the
27crime or founded child abuse again, and the number of crimes
28or founded child abuses committed by the person involved.
29The department record check evaluation system may permit a
30person who is evaluated to be licensed, employed, or to reside,
31or to continue to be licensed, employed, or to reside in a
32licensed facility, if the person complies with the department’s
33 record check evaluation system’s conditions relating to the
34person’s licensure, employment, or residence, which may include
35completion of additional training. For an employee of a
-164-1licensee, these conditional requirements shall be developed
2with the licensee. The department of human services record
3check evaluation system has final authority in determining
4whether prohibition of the person’s licensure, employment,
5or residence is warranted and in developing any conditional
6requirements under this paragraph.
73. If the department of human services record check
8evaluation system determines that the person has committed a
9crime or has a record of founded child abuse which warrants
10prohibition of licensure, employment, or residence, the
11person shall not be licensed under this chapter to operate
12a psychiatric institution and shall not be employed by a
13psychiatric institution or reside in a facility licensed under
14this chapter.
154. In addition to the record checks required under
16subsection 2, the department of human services record check
17evaluation system may conduct dependent adult abuse record
18checks in this state and may conduct these checks in other
19states, on a random basis. The provisions of subsections 2 and
203, relative to an evaluation following a determination that a
21person has been convicted of a crime or has a record of founded
22child abuse, shall also apply to a random dependent adult abuse
23record check conducted under this subsection.
245. Beginning July 1, 1994, a A licensee shall inform all new
25applicants for employment of the possibility of the performance
26of a record check and shall obtain, from the applicant, a
27signed acknowledgment of the receipt of the information.
286. On or after July 1, 1994, a A licensee shall include the
29following inquiry in an application for employment:
30Do you have a record of founded child or dependent adult abuse
31or have you ever been convicted of a crime, in this state or any
32other state?
33 Sec. 209. Section 135H.10, Code 2023, is amended to read as
34follows:
35135H.10 Rules.
-165- 11. The department of inspections and appeals, in
2consultation with the department of health and human services
3and affected professional groups, shall adopt and enforce rules
4setting out the standards for a psychiatric medical institution
5for children and the rights of the residents admitted to
6a psychiatric institution. The department of inspections
7and appeals and the department of health and human services
8shall coordinate the adoption of rules and the enforcement of
9the rules in order to prevent duplication of effort by the
10departments and of requirements of the licensee.
112. This chapter shall not be construed as prohibiting the
12use of funds appropriated for foster care to provide payment
13to a psychiatric medical institution for children for the
14financial participation required of a child whose foster care
15placement is in a psychiatric medical institution for children.
16In accordance with established policies and procedures for
17foster care, the department of health and human services shall
18act to recover any such payment for financial participation,
19apply to be named payee for the child’s unearned income, and
20recommend parental liability for the costs of a court-ordered
21foster care placement in a psychiatric medical institution.
22 Sec. 210. Section 135H.12, subsection 1, Code 2023, is
23amended to read as follows:
241. Upon receipt of a complaint made in accordance with
25section 135H.11, the department shall make a preliminary review
26of the complaint. Unless the department concludes that the
27complaint is intended to harass a psychiatric institution or
28a licensee or is without reasonable basis, it shall within
29twenty working days of receipt of the complaint make or cause
30to be made an on-site inspection of the psychiatric institution
31which is the subject of the complaint. The department of
32inspections and appeals may refer to the department of health
33and human services any complaint received by the department
34if the complaint applies to rules adopted by the department
35of health and human services. The complainant shall also
-166-1be notified of the name, address, and telephone number of
2the designated protection and advocacy agency if the alleged
3violation involves a facility with one or more residents with
4developmental disabilities or mental illness. In any case, the
5complainant shall be promptly informed of the result of any
6action taken by the department in the matter.
7 Sec. 211. Section 135I.1, subsection 1, Code 2023, is
8amended to read as follows:
91. “Department” means the Iowa department of public health
10and human services.
11 Sec. 212. Section 135J.7, Code 2023, is amended to read as
12follows:
13135J.7 Rules.
14Except as otherwise provided in this chapter, the department
15shall adopt rules pursuant to chapter 17A necessary to
16implement this chapter, subject to approval of the state board
17of council on health and human services. Formulation of the
18rules shall include consultation with Iowa hospice organization
19representatives and other persons affected by this chapter.
20 Sec. 213. Section 135K.1, subsection 3, Code 2023, is
21amended to read as follows:
223. “Department” means the Iowa department of public health
23and human services.
24 Sec. 214. Section 135L.1, subsection 3, Code 2023, is
25amended to read as follows:
263. “Child-placing agency” means any agency, public,
27semipublic, or private, which represents itself as placing
28children, receiving children for placement, or actually
29engaging in placement of children and includes the department
30of health and human services.
31 Sec. 215. Section 135L.2, subsection 1, paragraph b,
32subparagraph (1), Code 2023, is amended to read as follows:
33(1) Information regarding the options described in the
34video including information regarding the agencies and programs
35available to provide assistance to the pregnant minor in
-167-1parenting a child; information relating to adoption including
2but not limited to information regarding child-placing
3agencies; and information regarding abortion including but not
4limited to the legal requirements relative to the performance
5of an abortion on a pregnant minor. The information provided
6shall include information explaining that if a pregnant
7minor decides to continue the pregnancy to term and to retain
8parental rights, the father of the child is liable for the
9support of the child and that if the pregnant minor seeks
10public assistance on behalf of the child, the pregnant minor
11shall, and if the pregnant minor is not otherwise eligible as
12a public assistance recipient, the pregnant minor may, seek
13the assistance of the child support recovery unit services in
14establishing the paternity of the child, and in seeking support
15payments for a reasonable amount of the costs associated with
16the pregnancy, medical support, and maintenance from the father
17of the child, or if the father is a minor, from the parents of
18the minor father. The information shall include a listing of
19the agencies and programs and the services available from each.
20 Sec. 216. Section 135L.2, subsection 2, paragraph a, Code
212023, is amended to read as follows:
22a. The video shall be available through the state and local
23offices of the Iowa department of public health, the department
24of health and human services, and the judicial branch and
25through the office of each licensed physician who performs
26abortions.
27 Sec. 217. Section 135L.3, subsection 3, paragraph m,
28subparagraph (4), Code 2023, is amended to read as follows:
29(4) The pregnant minor declares that the pregnant minor
30is a victim of child abuse pursuant to section 232.68, the
31person responsible for the care of the child is a parent of
32the child, and either the abuse has been reported pursuant to
33the procedures prescribed in chapter 232, subchapter III, part
342, or a parent of the child is named in a report of founded
35child abuse. The department of health and human services
-168-1shall maintain confidentiality under chapter 232 and shall not
2release any information in response to a request for public
3records, discovery procedures, subpoena, or any other means,
4unless the release of information is expressly authorized by
5the pregnant minor regarding the pregnant minor’s pregnancy and
6abortion, if the abortion is obtained. A person who knowingly
7violates the confidentiality provisions of this subparagraph is
8guilty of a serious misdemeanor.
9 Sec. 218. Section 135L.8, Code 2023, is amended to read as
10follows:
11135L.8 Adoption of rules — implementation and documents.
12The Iowa department of public health and human services
13 shall adopt rules to implement the notification procedures
14pursuant to this chapter including but not limited to rules
15regarding the documents necessary for notification of a parent
16or grandparent of a pregnant minor who is designated to receive
17notification under this chapter.
18 Sec. 219. Section 135M.2, subsection 4, Code 2023, is
19amended to read as follows:
204. “Department” means the Iowa department of public health
21and human services.
22 Sec. 220. Section 135O.1, subsection 1, Code 2023, is
23amended to read as follows:
241. “Boarding home” means a premises used by its owner
25or lessee for the purpose of letting rooms for rental to
26three or more persons not related within the third degree of
27consanguinity to the owner or lessee where supervision or
28assistance with activities of daily living is provided to such
29persons. A boarding home does not include a facility, home,
30or program otherwise subject to licensure or regulation by the
31department of health and human services, or the department of
32inspections and appeals, or department of public health.
33 Sec. 221. Section 135O.2, subsection 2, Code 2023, is
34amended to read as follows:
352. The department of inspections and appeals shall adopt
-169-1rules to administer this chapter in consultation with the
2departments of health and human services and public safety.
3 Sec. 222. Section 135O.3, subsection 2, paragraph a, Code
42023, is amended to read as follows:
5a. The interagency approach may involve a multidisciplinary
6team consisting of employees of the department of inspections
7and appeals, the department of health and human services, the
8state fire marshal, and the division of criminal investigation
9of the department of public safety, or other local, state, and
10federal agencies.
11 Sec. 223. Section 135O.3, subsection 4, Code 2023, is
12amended to read as follows:
134. If the department or a multidisciplinary team has
14probable cause to believe that a boarding home is in violation
15of this chapter or licensing or other regulatory requirements
16of the department of health and human services, or the
17 department of inspections and appeals, or department of public
18health, or that dependent adult abuse of any individual living
19in a boarding home has occurred, and upon producing proper
20identification, is denied entry to the boarding home or access
21to any individual living in the boarding home for the purpose
22of making an inspection or conducting an investigation, the
23department or multidisciplinary team may, with the assistance
24of the county attorney of the county in which the boarding home
25is located, apply to the district court for an order requiring
26the owner or lessee to permit entry to the boarding home and
27access to the individuals living in the boarding home.
28 Sec. 224. Section 136A.1, Code 2023, is amended to read as
29follows:
30136A.1 Purpose.
31To reduce and avoid adverse health conditions of inhabitants
32of the state, the Iowa department of public health shall
33initiate, conduct, and supervise screening and health care
34programs in order to detect and predict congenital or inherited
35disorders. The department shall assist in the translation and
-170-1integration of genetic and genomic advances into public health
2services to improve health outcomes throughout the life span of
3the inhabitants of the state.
4 Sec. 225. Section 136A.2, subsection 4, Code 2023, is
5amended to read as follows:
64. “Department” means the Iowa department of public health
7and human services.
8 Sec. 226. Section 136A.3, Code 2023, is amended to read as
9follows:
10136A.3 Establishment of center for congenital Congenital and
11inherited disorders — department duties.
12A center for congenital and inherited disorders is
13established within the department. The center department shall
14do all of the following:
151. Initiate, conduct, and supervise statewide screening
16programs for congenital and inherited disorders amenable to
17population screening.
182. Initiate, conduct, and supervise statewide health care
19programs to aid in the early detection, treatment, prevention,
20education, and provision of supportive care related to
21congenital and inherited disorders.
223. Develop specifications for and designate a central
23laboratory in which tests conducted pursuant to the screening
24programs provided for in subsection 1 will be performed.
254. Gather, evaluate, and maintain information related
26to causes, severity, prevention, and methods of treatment
27for congenital and inherited disorders in conjunction with
28a central registry, screening programs, genetic health care
29programs, and ongoing scientific investigations and surveys.
305. Perform surveillance and monitoring of congenital and
31inherited disorders to determine the occurrence and trends of
32the disorders, to conduct thorough and complete epidemiological
33surveys, to assist in the planning for and provision of
34services to children with congenital and inherited disorders
35and their families, and to identify environmental and genetic
-171-1risk factors for congenital and inherited disorders.
26. Provide information related to severity, causes,
3prevention, and methods of treatment for congenital and
4inherited disorders to the public, medical and scientific
5communities, and health science disciplines.
67. Implement public education programs, continuing
7education programs for health practitioners, and education
8programs for trainees of the health science disciplines related
9to genetics, congenital disorders, and inheritable disorders.
108. Participate in policy development to assure the
11appropriate use and confidentiality of genetic information and
12technologies to improve health and prevent disease.
139. Collaborate with state and local health agencies and
14other public and private organizations to provide education,
15intervention, and treatment for congenital and inherited
16disorders and to integrate genetics and genomics advances into
17public health activities and policies.
18 Sec. 227. Section 136A.3A, subsections 1 and 3, Code 2023,
19are amended to read as follows:
201. A congenital and inherited disorders advisory committee
21is established to assist the center for congenital and
22inherited disorders and the department in the development of
23programs that ensure the availability and access to quality
24genetic and genomic health care services for all Iowans.
253. The advisory committee shall assist the center for
26congenital and inherited disorders and the department in
27designating the conditions to be included in the newborn
28screening and in regularly evaluating the effectiveness and
29appropriateness of the newborn screening.
30 Sec. 228. Section 136A.4, Code 2023, is amended to read as
31follows:
32136A.4 Genetic health services.
33The center department may initiate, conduct, and supervise
34genetic health services for the inhabitants of the state,
35including the provision of regional genetic consultation
-172-1clinics, comprehensive neuromuscular health care outreach
2clinics, and other outreach services and clinics as established
3by rule.
4 Sec. 229. Section 136A.5B, subsection 1, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6In accordance with the duties prescribed in section 136A.3,
7the center for congenital and inherited disorders department
8 shall collaborate with state and local health agencies
9and other public and private organizations to develop and
10publish or approve and publish informational materials to
11educate and raise awareness of cytomegalovirus and congenital
12cytomegalovirus among women who may become pregnant, expectant
13parents, parents of infants, attending health care providers,
14and others, as appropriate. The materials shall include
15information regarding all of the following:
16 Sec. 230. Section 136A.5B, subsection 2, Code 2023, is
17amended to read as follows:
182. An attending health care provider shall provide to a
19pregnant woman during the first trimester of the pregnancy the
20informational materials published under this section. The
21center for congenital and inherited disorders department shall
22make the informational materials available to attending health
23care providers upon request.
24 Sec. 231. Section 136A.6, Code 2023, is amended to read as
25follows:
26136A.6 Central registry.
27The center for congenital and inherited disorders department
28 shall maintain a central registry, or shall establish an
29agreement with a designated contractor to maintain a central
30registry, to compile, evaluate, retain, and disseminate
31information on the occurrence, prevalence, causes, treatment,
32and prevention of congenital disorders. Congenital disorders
33shall be considered reportable conditions in accordance with
34rules adopted by the department and shall be abstracted and
35maintained by the registry.
-173-1 Sec. 232. Section 136A.7, Code 2023, is amended to read as
2follows:
3136A.7 Confidentiality.
4The center for congenital and inherited disorders and
5the department shall maintain the confidentiality of any
6identifying information collected, used, or maintained pursuant
7to this chapter in accordance with section 22.7, subsection 2.
8 Sec. 233. Section 136A.8, Code 2023, is amended to read as
9follows:
10136A.8 Rules.
11The center for congenital and inherited disorders, with
12assistance provided by the Iowa department of public health,
13 shall adopt rules pursuant to chapter 17A to administer this
14chapter.
15 Sec. 234. Section 136B.1, subsection 1, Code 2023, is
16amended to read as follows:
171. As used in this chapter, unless the context otherwise
18requires, “department” means the Iowa department of public
19 health and human services.
20 Sec. 235. Section 136C.1, subsections 2 and 3, Code 2023,
21are amended to read as follows:
222. “Department” means the Iowa department of public health
23and human services.
243. “Director” means the director of public health and human
25services or the director’s designee.
26 Sec. 236. Section 136C.3, subsection 2, Code 2023, is
27amended to read as follows:
282. Establish minimum training standards including
29continuing education requirements, and administer examinations
30and disciplinary procedures for operators of radiation machines
31and users of radioactive materials. A state of Iowa license
32to practice medicine, osteopathic medicine, chiropractic,
33podiatry, dentistry, dental hygiene, or veterinary medicine, or
34licensure as a physician assistant pursuant to chapter 148C, or
35certification by the dental board in dental radiography, or by
-174-1the board of podiatry in podiatric radiography, or enrollment
2in a program or course of study approved by the Iowa department
3of public health which includes the application of radiation to
4humans satisfies the minimum training standards for operation
5of radiation machines only.
6 Sec. 237. Section 136D.2, subsections 1 and 2, Code 2023,
7are amended to read as follows:
81. “Department” means the Iowa department of public health
9and human services.
102. “Director” means the director of public health and human
11services, or the director’s designee.
12 Sec. 238. Section 137.102, Code 2023, is amended to read as
13follows:
14137.102 Definitions.
15As used in this chapter unless the context otherwise
16requires:
171. “City board” means a city board of health in existence
18prior to July 1, 2010.
192. “City health department” refers to the personnel and
20property under the jurisdiction of a city board in existence
21prior to July 1, 2010.
223. “Council” means a city the council on health and human
23services.
244. “County board” means a county board of health.
255. “County health department” refers to the personnel and
26property under the jurisdiction of a county board.
276. “Director” means the director of public health and human
28services.
297. “District” means any two or more geographically
30contiguous counties.
318. “District board” means a board of health representing
32at least two geographically contiguous counties formed with
33approval of the state department in accordance with this
34chapter, or any district board of health in existence prior to
35July 1, 2010.
-175- 19. “District health department” refers to the personnel and
2property under the jurisdiction of a district board.
310. “Local board of health” means a city, county, or
4district board of health.
511. “Officers” means a local board of health chairperson,
6vice chairperson, and secretary, and other officers which may
7be named at the discretion of the local board of health.
812. “State board” means the state board of health.
913. 12. “State department” or “department” means the Iowa
10 department of public health and human services.
11 Sec. 239. Section 137.104, subsection 1, paragraph b,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
14Make and enforce such reasonable rules and regulations not
15inconsistent with law and the rules of the state board council
16 as may be necessary for the protection and improvement of the
17public health.
18 Sec. 240. Section 137.104, subsection 1, paragraph b,
19subparagraph (1), Code 2023, is amended to read as follows:
20(1) Rules of a city board shall become effective upon
21approval by the city council and publication in a newspaper
22having general circulation in the city.
23 Sec. 241. Section 137.104, subsection 2, paragraph d, Code
242023, is amended to read as follows:
25d. By written agreement with the city council of any city
26within its jurisdiction, enforce appropriate ordinances of the
27city relating to public health.
28 Sec. 242. Section 137.105, subsection 1, paragraphs a and f,
29Code 2023, are amended to read as follows:
30a. All members of a city board shall be appointed by the
31city council.
32f. A local board of health member shall serve without
33compensation, but may be reimbursed for necessary expenses in
34accordance with rules established by the state board council
35 or the applicable jurisdiction.
-176-1 Sec. 243. Section 137.107, Code 2023, is amended to read as
2follows:
3137.107 Request reviewed by state department.
4The state department shall review requests submitted
5pursuant to section 137.106. The state department, upon
6finding that all required elements are present, shall present
7findings to the state board council. The state board council
8 may approve the formation of a district board and if the
9formation is approved, shall notify the county boards from whom
10the request was received.
11 Sec. 244. Section 137.114, Code 2023, is amended to read as
12follows:
13137.114 Withdrawal from district.
14A county may withdraw from an existing district board upon
15submission of a request for withdrawal to and approval by
16the state department. The request shall include a plan to
17reform its county board or join a different district board,
18information specified in section 137.106, and approval of the
19request by the district board and, at the recommendation of
20the state department, the state board council. Any county
21choosing to withdraw from the district board shall commit to
22the continuity of services in its county by reestablishing
23its county board or joining a different district board. The
24remaining counties in the district shall submit an application
25including the information specified in section 137.106 to the
26state department for review as provided in section 137.107.
27 Sec. 245. Section 137.119, Code 2023, is amended to read as
28follows:
29137.119 Adoption of rules.
30The state board of health council shall adopt rules to
31implement this chapter. The department is vested with
32discretionary authority to interpret the provisions of this
33chapter.
34 Sec. 246. Section 137F.1, subsection 9, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-177- 1“Food establishment” means an operation that stores,
2prepares, packages, serves, vends, or otherwise provides
3food for human consumption and includes a food service
4operation in a salvage or distressed food operation, school,
5summer camp, residential service substance abuse treatment
6facility, halfway house substance abuse use disorder treatment
7facility, correctional facility operated by the department of
8corrections, or the state training school. “Food establishment”
9does not include the following:
10 Sec. 247. Section 138.1, subsections 4 and 5, Code 2023, are
11amended to read as follows:
124. “Department” means the Iowa department of public health
13and human services.
145. “Director” means the director of public health and human
15services or the director’s designee.
16 Sec. 248. Section 139A.2, Code 2023, is amended to read as
17follows:
18139A.2 Definitions.
19For purposes of this chapter, unless the context otherwise
20requires:
211. “Area quarantine” means prohibiting ingress and egress
22to and from a building or buildings, structure or structures,
23or other definable physical location, or portion thereof, to
24prevent or contain the spread of a suspected or confirmed
25quarantinable disease or to prevent or contain exposure to a
26suspected or known chemical, biological, radioactive, or other
27hazardous or toxic agent.
282. “Business” means and includes every trade, occupation,
29or profession.
303. “Care provider” means an individual who is trained
31and authorized by federal or state law to provide health
32care services or services of any kind in the course of the
33individual’s official duties, for compensation or in a
34voluntary capacity, who is a health care provider, emergency
35medical care provider as defined in section 147A.1, fire
-178-1fighter, or peace officer. “Care provider” also means an
2individual who renders emergency care or assistance in an
3emergency or due to an accident as described in section 613.17.
44. “Communicable disease” means any disease spread from
5person to person or animal to person.
65. “Contagious or infectious disease” means hepatitis in
7any form, meningococcal disease, AIDS or HIV as defined in
8section 141A.1, tuberculosis, and any other disease determined
9to be life-threatening to a person exposed to the disease as
10established by rules adopted by the department, based upon a
11determination by the state epidemiologist and in accordance
12with guidelines of the centers for disease control and
13prevention of the United States department of health and human
14services.
156. “Department” means the Iowa department of public health
16and human services.
177. “Designated officer” means a person who is designated by
18a department, agency, division, or service organization to act
19as an infection control liaison officer.
208. “Director” means the director of health and human
21services.
228. 9. “Exposure” means a specific eye, mouth, other mucous
23membrane, nonintact skin, or parenteral contact with blood or
24other potentially infectious bodily fluids.
259. 10. “Exposure-prone procedure” means a procedure
26performed by a health care provider which presents a recognized
27risk of percutaneous injury to the health care provider and
28if such an injury occurs, the health care provider’s blood
29is likely to contact a patient’s body cavity, subcutaneous
30tissues, or mucous membranes, or an exposure-prone procedure as
31defined by the centers for disease control and prevention of
32the United States department of health and human services.
3310. 11. “HBV” means hepatitis B virus.
3411. 12. “Health care facility” means a health care facility
35as defined in section 135C.1, an ambulatory surgical center,
-179-1or a clinic.
212. 13. “Health care provider” means a person licensed
3to practice medicine and surgery, osteopathic medicine
4and surgery, chiropractic, podiatry, nursing, dentistry,
5optometry, or as a physician assistant, dental hygienist, or
6acupuncturist.
713. 14. “HIV” means HIV as defined in section 141A.1.
814. 15. “Hospital” means hospital as defined in section
9135B.1.
1015. 16. “Isolation” means the separation of persons or
11animals presumably or actually infected with a communicable
12disease or who are disease carriers for the usual period of
13communicability of that disease in such places, marked by
14placards if necessary, and under such conditions as will
15prevent the direct or indirect conveyance of the infectious
16agent or contagion to susceptible persons.
1716. 17. “Local board” means the local board of health.
1817. 18. “Local department” means the local health
19department.
2018. 19. “Placard” means a warning sign to be erected and
21displayed on the periphery of a quarantine area, forbidding
22entry to or exit from the area.
2319. 20. “Public health disaster” means public health
24disaster as defined in section 135.140.
2520. 21. “Quarantinable disease” means any communicable
26disease designated by rule adopted by the department as
27requiring quarantine or isolation to prevent its spread.
2821. 22. “Quarantine” means the limitation of freedom
29of movement of persons or animals that have been exposed to
30a quarantinable disease within specified limits marked by
31placards for a period of time equal to the longest usual
32incubation period of the disease in such manner as to prevent
33the spread of a quarantinable disease which affects people.
3422. 23. “Reportable disease” means any disease designated
35by rule adopted by the department requiring its occurrence to
-180-1be reported to an appropriate authority.
223. 24. “Sexually transmitted disease or infection”
3means a disease or infection as identified by rules adopted
4by the department, based upon a determination by the state
5epidemiologist and in accordance with guidelines of the
6centers for disease control and prevention of the United States
7department of health and human services.
824. 25. “Significant exposure” means a situation in which
9there is a risk of contracting disease through exposure to
10a person’s infectious bodily fluids in a manner capable of
11transmitting an infectious agent as determined by the centers
12for disease control and prevention of the United States
13department of health and human services and adopted by rule of
14the department.
1525. 26. “Terminal cleaning” means cleaning procedures
16defined in the isolation guidelines issued by the centers for
17disease control and prevention of the United States department
18of health and human services.
19 Sec. 249. Section 139A.3, subsection 3, paragraph c, Code
202023, is amended to read as follows:
21c. Notwithstanding paragraph “b”, information contained in
22the report may be reported in public health records in a manner
23which prevents the identification of any person or business
24named in the report. If information contained in the report
25concerns a business, information disclosing the identity of
26the business may be released to the public when the state
27epidemiologist or the director of public health determines such
28a release of information necessary for the protection of the
29health of the public.
30 Sec. 250. Section 139A.8, subsection 3, Code 2023, is
31amended to read as follows:
323. Subject to the provision of subsection 4, the state board
33of council on health and human services may modify or delete
34any of the immunizations in subsection 2.
35 Sec. 251. Section 139A.8, subsection 4, paragraph b, Code
-181-12023, is amended to read as follows:
2b. The exemptions under this subsection do not apply in
3times of emergency or epidemic as determined by the state board
4of council on health and human services and as declared by the
5director of public health and human services.
6 Sec. 252. Section 139A.9, Code 2023, is amended to read as
7follows:
8139A.9 Forcible removal — isolation — quarantine.
9The forcible removal and isolation or quarantine of any
10infected person shall be accomplished according to the rules
11and regulations of the local board or the rules of the state
12board of council on health and human services.
13 Sec. 253. Section 141A.1, subsection 6, Code 2023, is
14amended to read as follows:
156. “Department” means the Iowa department of public health
16and human services.
17 Sec. 254. Section 141A.2, subsection 6, Code 2023, is
18amended to read as follows:
196. The department, with the approval of the state
20board of council on health and human services, may conduct
21epidemiological blinded and nonblinded studies to determine
22the incidence and prevalence of HIV infection. Initiation
23of any new epidemiological studies shall be contingent upon
24the receipt of funding sufficient to cover all the costs
25associated with the studies. The informed consent, reporting,
26and counseling requirements of this chapter shall not apply to
27blinded studies.
28 Sec. 255. Section 141A.4, subsection 1, paragraph c, Code
292023, is amended to read as follows:
30c. All persons having a history of injecting drug abuse use
31disorder.
32 Sec. 256. Section 141A.9, subsection 2, paragraph j, Code
332023, is amended to read as follows:
34j. To employees of state correctional institutions subject
35to the jurisdiction of the department of corrections, employees
-182-1of secure facilities for juveniles subject to the department
2of health and human services, and employees of city and county
3jails, if the employees have direct supervision over inmates of
4those facilities or institutions in the exercise of the duties
5prescribed pursuant to section 80.9B.
6 Sec. 257. Section 142.1, Code 2023, is amended to read as
7follows:
8142.1 Delivery of bodies.
9The body of every person dying in a public asylum, hospital,
10county care facility, penitentiary, or reformatory in this
11state, or found dead within the state, or which is to be buried
12at public expense in this state, except those buried under the
13provisions of chapter 144C or 249, and which is suitable for
14scientific purposes, shall be delivered to the medical college
15of the state university, or some osteopathic or chiropractic
16college or school located in this state, which has been
17approved under the law regulating the practice of osteopathic
18medicine or chiropractic; but no such body shall be delivered
19to any such college or school if the deceased person expressed
20a desire during the person’s last illness that the person’s
21body should be buried or cremated, nor if such is the desire
22of the person’s relatives. Such bodies shall be equitably
23distributed among said colleges and schools according to their
24needs for teaching anatomy in accordance with such rules as
25may be adopted by the Iowa department of public health and
26human services. The expense of transporting said bodies to
27such college or school shall be paid by the college or school
28receiving the same. If the deceased person has not expressed
29a desire during the person’s last illness that the person’s
30body should be buried or cremated and no person authorized to
31control the deceased person’s remains under section 144C.5
32requests the person’s body for burial or cremation, and if a
33friend objects to the use of the deceased person’s body for
34scientific purposes, said deceased person’s body shall be
35forthwith delivered to such friend for burial or cremation at
-183-1no expense to the state or county. Unless such friend provides
2for burial and burial expenses within five days, the body shall
3be used for scientific purposes under this chapter.
4 Sec. 258. Section 142.2, Code 2023, is amended to read as
5follows:
6142.2 Furnished to physicians.
7When there are more dead bodies available for use under
8section 142.1 than are desired by said colleges or schools, the
9same may be delivered to physicians in the state for scientific
10study under such rules as may be adopted by the Iowa department
11of public health and human services.
12 Sec. 259. Section 142.3, Code 2023, is amended to read as
13follows:
14142.3 Notification of department.
15Every county medical examiner, funeral director or embalmer,
16and the managing officer of every public asylum, hospital,
17county care facility, penitentiary, or reformatory, as soon
18as any dead body shall come into the person’s custody which
19may be used for scientific purposes as provided in sections
20142.1 and 142.2, shall at once notify the nearest relative
21or friend of the deceased, if known, and the Iowa department
22of public health and human services, and hold such body
23unburied for forty-eight hours. Upon receipt of notification,
24the department shall issue verbal or written instructions
25relative to the disposition to be made of said body. Complete
26jurisdiction over said bodies is vested exclusively in the Iowa
27 department of public health and human services. No autopsy or
28post mortem, except as are legally ordered by county medical
29examiners, shall be performed on any of said bodies prior to
30their delivery to the medical schools.
31 Sec. 260. Section 142.9, Code 2023, is amended to read as
32follows:
33142.9 Failure to deliver dead body.
34Any person having the custody of the dead body of any human
35being which is required to be delivered for scientific purposes
-184-1by this chapter, who shall fail to notify the Iowa department
2of public health and human services of the existence of such
3body, or fail to deliver the same in accordance with the
4instructions of the department, shall be guilty of a simple
5misdemeanor.
6 Sec. 261. Section 142A.2, Code 2023, is amended to read as
7follows:
8142A.2 Definitions.
9As used in this chapter, unless the context otherwise
10requires:
111. “Administrator” means the administrator of the division
12of tobacco use prevention and control.
132. 1. “Commission” means the commission on tobacco use
14prevention and control established in this chapter.
153. 2. “Community partnership” means a public agency or
16nonprofit organization implementing the tobacco use prevention
17and control initiative in a local area in accordance with this
18chapter.
194. 3. “Department” means the Iowa department of public
20 health and human services.
215. 4. “Director” means the director of public health and
22human services.
236. “Division” means the division of tobacco use prevention
24and control of the Iowa department of public health,
25established pursuant to this chapter.
267. 5. “Initiative” means the comprehensive tobacco use
27prevention and control initiative established in this chapter.
288. 6. “Manufacturer” means manufacturer as defined in
29section 453A.1.
309. 7. “Pregnant woman” means a female of any age who is
31pregnant.
3210. 8. “School-age youth” means a person attending school
33in kindergarten through grade twelve.
3411. 9. “Tobacco” means both cigarettes and tobacco products
35as defined in section 453A.1.
-185- 112. 10. “Youth” means a person who is five through
2twenty-four years of age.
3 Sec. 262. Section 142A.3, Code 2023, is amended to read as
4follows:
5142A.3 Tobacco use prevention and control — division —
6commission — created.
71. The department shall establish, as a separate and
8distinct division within the department, a division of tobacco
9use prevention and control. The division shall develop,
10implement, and administer the initiative established in this
11chapter and shall perform other duties as directed by this
12chapter or as assigned by the director of public health.
132. A commission on tobacco use prevention and control
14is established to develop policy, provide direction for
15the initiative, and perform all other duties related to
16the initiative and other tobacco use prevention and control
17activities as directed by this chapter or referred to the
18commission by the director of public health.
193. The membership of the commission shall include the
20following voting members who shall serve three-year, staggered
21terms:
22a. Members, at least one of whom is a member of a racial
23minority, to be appointed by the governor, subject to
24confirmation by the senate pursuant to sections 2.32 and 69.19,
25and consisting of the following:
26(1) Three members who are active with nonprofit health
27organizations that emphasize tobacco use prevention or who are
28active as health services providers, at the local level.
29(2) Three members who are active with health promotion
30activities at the local level in youth education, nonprofit
31services, or other activities relating to tobacco use
32prevention and control.
33b. Three voting members, to be selected by the participants
34in the annual statewide youth summit of the initiative’s youth
35program, who shall not be subject to section 69.16 or 69.16A.
-186-1However, the selection process shall provide for diversity
2among the members and at least one of the youth members shall
3be a female.
44. The commission shall also include the following ex
5officio, nonvoting members:
6a. Four members of the general assembly, with not more than
7one member from each chamber being from the same political
8party. The majority leader of the senate and the minority
9leader of the senate shall each appoint one of the senate
10members. The majority leader of the house of representatives
11and the minority leader of the house of representatives shall
12each appoint one of the house members.
13b. The presiding officer of the statewide youth executive
14body, selected by the delegates to the statewide youth summit.
155. In addition to the members of the commission, the
16following agencies, organizations, and persons shall each
17assign a single liaison to the commission to provide assistance
18to the commission in the discharge of the commission’s duties:
19a. The department of education.
20b. The drug policy coordinator.
21c. The department of justice, office of the attorney
22general.
23d. The department of human services.
246. Citizen members shall be reimbursed for actual and
25necessary expenses incurred in performance of their duties.
26Citizen members shall be paid a per diem as specified in
27section 7E.6. Legislative members are eligible for per diem
28and expenses as provided in section 2.10.
297. A member of the commission who is convicted of a crime
30relating to tobacco, alcohol, or controlled substances is
31subject to removal from the commission.
328. A vacancy on the commission other than for the youth
33members shall be filled in the same manner as the original
34appointment for the balance of the unexpired term. A youth
35member vacancy shall be filled by the presiding officer of the
-187-1statewide executive body as selected by the delegates to the
2statewide youth summit.
39. The commission shall elect a chairperson from among its
4voting members and may select other officers from among its
5voting members, as determined necessary by the commission.
6The commission shall meet regularly as determined by the
7commission, upon the call of the chairperson, or upon the call
8of a majority of the voting members.
910. The commission may designate an advisory council. The
10commission shall determine the membership and representation
11of the advisory council and members of the council shall serve
12at the pleasure of the commission. The advisory council may
13include representatives of health care provider groups, parent
14groups, antitobacco advocacy programs and organizations,
15research and evaluation experts, and youth organizers.
16 Sec. 263. Section 142A.4, Code 2023, is amended to read as
17follows:
18142A.4 Commission duties.
19The commission shall do all of the following:
201. Develop and implement the comprehensive tobacco use
21prevention and control initiative as provided in this chapter.
222. Provide a forum for the discussion, development, and
23recommendation of public policy alternatives in the field of
24tobacco use prevention and control.
253. Develop an educational component of the initiative.
26Educational efforts provided through the school system shall be
27developed in conjunction with the department of education.
284. Develop a plan for implementation of the initiative in
29accordance with the purpose and intent specified in section
30142A.1.
315. Provide for technical assistance, training, and other
32support under the initiative.
336. Take actions to develop and implement a statewide
34system for the initiative programs that are delivered through
35community partnerships.
-188- 17. Manage and coordinate the provision of funding and other
2moneys available to the initiative by combining all or portions
3of appropriations or other revenues as authorized by law.
48. Assist with the linkage of the initiative with child
5welfare and juvenile justice decategorization projects,
6education programming, early childhood Iowa areas, and other
7programs and services directed to youth at the state and
8community level.
99. a. Coordinate and respond to any requests from a
10community partnership relating to any of the following:
11(1) Removal of barriers to community partnership efforts.
12(2) Pooling and redirecting of existing federal, state, or
13other public or private funds available for purposes that are
14consistent with the initiative.
15(3) Seeking of federal waivers to assist community
16partnership efforts.
17b. In coordinating and responding to the requests, the
18commission shall work with state agencies, the governor, and
19the general assembly as necessary to address requests deemed
20appropriate by the commission.
2110. Adopt rules pursuant to chapter 17A as necessary for
22the designation, governance, and oversight of the initiative
23and the implementation of this chapter. The commission shall
24provide for community partnership and youth program input in
25the rules adoption process. The rules shall include but are
26not limited to all of the following:
27a. Performance indicators for initiative programs, community
28partnerships, and the services provided under the auspices of
29community partnerships. The performance indicators shall be
30developed with input from communities.
31b. Minimum standards to further the provision of equal
32access to services.
3311. Monitor and evaluate the effectiveness of performance
34measures utilized under the initiative.
3512. Submit a report to the governor and the general assembly
-189-1on a periodic basis, during the initial year of operation,
2and on an annual basis thereafter, regarding the initiative,
3including demonstrated progress based on performance
4indicators. The commission shall report more frequently if
5requested by the joint appropriations subcommittee that makes
6recommendations concerning the commission’s budget. Beginning
7July 1, 2005, the commission shall also perform a comprehensive
8review of the initiative and shall submit a report of its
9findings to the governor and the general assembly on or before
10December 15, 2005.
1113. Represented by the chairperson of the commission,
12annually appear before the joint appropriations subcommittee
13that makes recommendations concerning the commission’s budget
14to report on budget expenditures and division department
15 operations relative to the prior fiscal year and the current
16fiscal year.
1714. Advise the director in evaluating potential candidates
18for the position of administrator, consult with the director
19in the hiring of the administrator, and review and advise
20the director on the performance of the administrator in the
21discharge of the administrator’s duties.
2215. 14. Prioritize funding needs and the allocation of
23moneys appropriated and other resources available for the
24programs and activities of the initiative.
2516. 15. Review fiscal needs of the initiative and make
26recommendations to the director in the development of budget
27requests.
2817. 16. Solicit and accept any gift of money or property,
29including any grant of money, services, or property from the
30federal government, the state, a political subdivision, or
31a private source that is consistent with the goals of the
32initiative. The commission shall adopt rules prohibiting the
33acceptance of gifts from a manufacturer of tobacco products.
3418. 17. Advise and make recommendations to the governor,
35the general assembly, and the director, and the administrator,
-190-1relative to tobacco use, treatment, intervention, prevention,
2control, and education programs in the state.
319. 18. Evaluate the work of the division and the
4 department relating to the initiative. For this purpose, the
5commission shall have access to any relevant department records
6and documents, and other information reasonably obtainable by
7the department.
820. 19. Develop the structure for the statewide youth
9summit to be held annually.
1021. 20. Approve the content of any materials distributed
11by the youth program pursuant to section 142A.9, prior to
12distribution of the materials.
13 Sec. 264. Section 142A.5, Code 2023, is amended to read as
14follows:
15142A.5 Director and administrator Department duties.
161. The director department shall do all of the following:
17a. Establish and maintain the division of tobacco use
18prevention and control.
19b. Employ a separate division administrator, in accordance
20with the requirements of section 142A.4, subsection 14, in a
21full-time equivalent position whose sole responsibility and
22duty shall be the administration and oversight of the division.
23The division administrator shall report to and shall serve
24at the pleasure of the director. The administrator shall
25be exempt from the merit system provisions of chapter 8A,
26subchapter IV.
27c. 1. Coordinate all tobacco use prevention and control
28programs and activities under the purview of the department.
29d. 2. Receive and review budget recommendations from the
30commission. The director shall consider these recommendations
31in developing the budget request for the department.
322. The administrator shall do all of the following:
33a. 3. Implement the initiative, coordinate the activities
34of the commission and the initiative, and coordinate other
35tobacco use prevention and control activities as assigned by
-191-1the director.
2b. 4. Monitor and evaluate the effectiveness of performance
3measures.
4c. 5. Provide staff and administrative support to the
5commission.
6d. 6. Administer contracts entered into under this chapter.
7e. 7. Coordinate and cooperate with other tobacco use
8prevention and control programs within and outside of the
9state.
10f. 8. Provide necessary information to the commission
11to assist the commission in making its annual report to the
12joint appropriations subcommittee pursuant to section 142A.4,
13subsection 13, and in fulfilling other commission duties
14pursuant to section 142A.4.
15 Sec. 265. Section 142A.6, subsections 1 and 4, Code 2023,
16are amended to read as follows:
171. A comprehensive tobacco use prevention and control
18initiative is established. The division department shall
19implement the initiative as provided in this chapter.
204. The division department shall implement the initiative
21in a manner that ensures that youth are extensively involved
22in the decision making for the programs implemented under
23the initiative. The initiative shall also involve parents,
24schools, and community members in activities to achieve the
25results desired for the initiative. The division department
26 shall encourage collaboration at the state and local levels
27to maximize available resources and to provide flexibility to
28support community efforts.
29 Sec. 266. Section 142C.15, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. An anatomical gift public awareness and transplantation
32fund is created as a separate fund in the state treasury
33under the control of the Iowa department of public health and
34human services. The fund shall consist of moneys remitted
35by the county treasurer of a county or by the department of
-192-1transportation which were collected through the payment of a
2contribution made by an applicant for registration of a motor
3vehicle pursuant to section 321.44A and any other contributions
4to the fund.
52. The moneys collected under this section and deposited
6in the fund are appropriated to the Iowa department of public
7 health and human services for the purposes specified in
8this section. Moneys in the fund shall not be subject to
9appropriation or expenditure for any other purpose.
10 Sec. 267. Section 142C.15, subsection 4, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12The Iowa department of public health and human services may
13use not more than five percent of the moneys in the fund for
14administrative costs. The remaining moneys in the fund may
15be expended through grants to any of the following persons,
16subject to the following conditions:
17 Sec. 268. Section 142C.17, unnumbered paragraph 1, Code
182023, is amended to read as follows:
19The Iowa department of public health and human services, in
20conjunction with any statewide organ procurement organization
21in Iowa, shall prepare and submit a report to the general
22assembly on or before January 1 each year regarding organ
23donation rates and voluntary compliance efforts with hospital
24organ and tissue donation protocols by physicians, hospitals,
25and other health systems organizations. The report shall
26contain the following:
27 Sec. 269. Section 142C.18, subsection 1, Code 2023, is
28amended to read as follows:
291. The director department of public health and human
30services shall contract with and recognize the Iowa donor
31registry for the purpose of indicating on the donor registry
32all relevant information regarding a donor’s making or amending
33of an anatomical gift.
34 Sec. 270. Section 142D.2, Code 2023, is amended by adding
35the following new subsection:
-193-1 NEW SUBSECTION. 3A. “Department” means the department of
2health and human services.
3 Sec. 271. Section 142D.6, subsection 3, Code 2023, is
4amended to read as follows:
53. The owner, operator, manager, or other person having
6custody or control of a public place, place of employment,
7area declared a nonsmoking place pursuant to section 142D.5,
8or outdoor area where smoking is prohibited under this
9chapter shall clearly and conspicuously post in and at every
10entrance to the public place, place of employment, area
11declared a nonsmoking place pursuant to section 142D.5, or
12outdoor area, “no smoking” signs or the international “no
13smoking” symbol. Additionally, a “no smoking” sign or the
14international “no smoking” symbol shall be placed in every
15vehicle that constitutes a public place, place of employment,
16or area declared a nonsmoking place pursuant to section 142D.5
17under this chapter, visible from the exterior of the vehicle.
18All signs shall contain the telephone number for reporting
19complaints and the internet site of the department of public
20health. The owner, operator, manager, or other person having
21custody or control of the public place, place of employment,
22area declared a nonsmoking place pursuant to section 142D.5,
23or outdoor area may use the sample signs provided on the
24department of public health’s department’s internet site, or
25may use another sign if the contents of the sign comply with
26the requirements of this subsection.
27 Sec. 272. Section 142D.8, Code 2023, is amended to read as
28follows:
29142D.8 Enforcement.
301. This chapter shall be enforced by the department of
31public health or the department’s designee. The department of
32public health shall adopt rules to administer this chapter,
33including rules regarding enforcement. The department
34of public health shall provide information regarding the
35provisions of this chapter and related compliance issues to
-194-1employers, owners, operators, managers, and other persons
2having custody or control of a public place, place of
3employment, area declared a nonsmoking place pursuant to
4section 142D.5, or outdoor area where smoking is prohibited,
5and the general public via the department’s internet site. The
6internet site shall include sample signage and the telephone
7number for reporting complaints. Judicial magistrates shall
8hear and determine violations of this chapter.
92. If a public place is subject to any state or political
10subdivision inspection process or is under contract with the
11state or a political subdivision, the person performing the
12inspection shall assess compliance with the requirements of
13this chapter and shall report any violations to the department
14of public health or the department’s designee.
153. An owner, operator, manager, or other person having
16custody or control of a public place, place of employment, area
17declared a nonsmoking place pursuant to section 142D.5, or
18outdoor area regulated under this chapter shall inform persons
19violating this chapter of the provisions of this chapter.
204. An employee or private citizen may bring a legal action
21to enforce this chapter. Any person may register a complaint
22under this chapter by filing a complaint with the department of
23public health or the department’s designee.
245. In addition to the remedies provided in this section, the
25department of public health or the department’s designee or any
26other person aggrieved by the failure of the owner, operator,
27manager, or other person having custody or control of a public
28place, place of employment, area declared a nonsmoking place
29pursuant to section 142D.5, or outdoor area regulated by this
30chapter to comply with this chapter may seek injunctive relief
31to enforce this chapter.
32 Sec. 273. Section 142D.9, subsection 5, Code 2023, is
33amended to read as follows:
345. Violation of this chapter constitutes a public nuisance
35which may be abated by the department of public health or the
-195-1department’s designee by restraining order, preliminary or
2permanent injunction, or other means provided by law, and the
3entity abating the public nuisance may take action to recover
4the costs of such abatement.
5 Sec. 274. Section 144.1, Code 2023, is amended to read as
6follows:
7144.1 Definitions.
8As used in this chapter, unless the context otherwise
9requires:
101. “Board” means the state board of health.
112. “Book”, “list”, “record”, or “schedule” kept by a county
12auditor, assessor, treasurer, recorder, sheriff, or other
13county officer means the county system as defined in section
14445.1.
153. 1. “Court of competent jurisdiction” when used to refer
16to inspection of an original certificate of birth based upon an
17adoption means the court where the adoption was ordered.
184. 2. “Cremated remains” means all the remains of the
19cremated human body recovered after the completion of the
20cremation process, including pulverization which leaves only
21bone fragments reduced to unidentifiable dimensions, and may
22include the residue of any foreign matter including casket
23material, bridgework, or eyeglasses that were cremated with the
24human remains.
255. 3. “Cremation” means the technical process, using
26heat and flame, that reduces human remains to bone fragments,
27with the reduction taking place through heat and evaporation.
28Cremation shall include the processing, and may include the
29pulverization, of the bone fragments.
306. 4. “Dead body” means a lifeless human body or parts
31or bones of a body, if, from the state of the body, parts,
32or bones, it may reasonably be concluded that death recently
33occurred.
347. 5. “Department” means the Iowa department of public
35 health and human services.
-196- 18. “Division” means a division, within the department, for
2records and statistics.
39. 6. “Fetal death” means death prior to the complete
4expulsion or extraction from its mother of a product of human
5conception, irrespective of the duration of pregnancy. Death
6is indicated by the fact that after expulsion or extraction
7the fetus does not breathe or show any other evidence of life
8such as beating of the heart, pulsation of the umbilical cord,
9or definite movement of voluntary muscles. In determining a
10fetal death, heartbeats shall be distinguished from transient
11cardiac contractions, and respirations shall be distinguished
12from fleeting respiratory efforts or gasps.
1310. 7. “Filing” means the presentation of a certificate,
14report, or other record, provided for in this chapter, of a
15birth, death, fetal death, adoption, marriage, dissolution, or
16annulment for registration by the division department.
1711. 8. “Final disposition” means the burial, interment,
18cremation, removal from the state, or other disposition of a
19dead body or fetus.
2012. 9. “Institution” means any establishment, public
21or private, which provides inpatient medical, surgical,
22or diagnostic care or treatment, or nursing, custodial, or
23domiciliary care to two or more unrelated individuals, or to
24which persons are committed by law.
2513. 10. “Live birth” means the complete expulsion or
26extraction from its mother of a product of human conception,
27irrespective of the duration of pregnancy, which, after
28such expulsion or extraction, breathes or shows any other
29evidence of life such as beating of the heart, pulsation of
30the umbilical cord, or definite movement of voluntary muscles,
31whether or not the umbilical cord has been cut or the placenta
32is attached. In determining a live birth, heartbeats shall
33be distinguished from transient cardiac contractions, and
34respirations shall be distinguished from fleeting respiratory
35efforts or gasps.
-197- 111. “Record” kept by a county auditor, assessor, treasurer,
2recorder, sheriff, or other county officer means the county
3system as defined in section 445.1.
414. 12. “Registration” means the process by which vital
5statistic records are completed, filed, and incorporated by the
6division department in the division’s department’s official
7records.
815. 13. “State registrar” means the state registrar of
9vital statistics.
1016. 14. “System of vital statistics” includes the
11registration, collection, preservation, amendment, and
12certification of vital statistics records, and activities and
13records related thereto to the records including the data
14processing, analysis, and publication of statistical data
15derived from such records.
1617. 15. “Vital statistics” means records of births, deaths,
17fetal deaths, adoptions, marriages, dissolutions, annulments,
18and data related thereto to the records.
19 Sec. 275. Section 144.2, Code 2023, is amended to read as
20follows:
21144.2 Division of records Records and statistics.
22There is established in the The department a division for
23records and statistics which shall install, maintain, and
24operate the system of vital statistics throughout the state.
25No system for the registration of births, deaths, fetal deaths,
26adoptions, marriages, dissolutions, and annulments, shall be
27maintained in the state or any of its political subdivisions
28other than the one provided for in this chapter. Suitable
29quarters shall be provided for the division department
30 by the executive council at the seat of government. The
31quarters shall be properly equipped for the permanent and safe
32preservation of all official records made and returned under
33this chapter.
34 Sec. 276. Section 144.4, Code 2023, is amended to read as
35follows:
-198- 1144.4 Registrar State registrar.
2The director of public health or the director’s designee
3 shall be the state registrar of vital statistics and shall
4carry out the provisions of this chapter.
5 Sec. 277. Section 144.5, Code 2023, is amended to read as
6follows:
7144.5 Duties of state registrar.
8The state registrar shall do all of the following:
91. Administer and enforce this chapter and the rules issued
10under this chapter, and issue instructions for the efficient
11administration of the statewide system of vital statistics and
12the division for records and statistics.
132. Direct and supervise the statewide system of vital
14statistics and the division for records and statistics and be
15custodian of its records.
163. Direct, supervise, and control the activities of clerks
17of the district court and county recorders related to the
18operation of the vital statistics system and provide registrars
19with necessary postage.
204. Prescribe, print, and distribute the forms required by
21this chapter and prescribe any other means for transmission of
22data, as necessary to accomplish complete, accurate reporting.
235. Prepare and publish annual reports of vital statistics of
24this state and other reports as may be required.
256. Delegate functions and duties vested in the state
26registrar to officers, to employees of the department, to the
27clerks of the district court, and to the county registrars as
28the state registrar deems necessary or expedient.
297. Provide, by rules, for appropriate morbidity reporting.
30 Sec. 278. Section 144.12A, subsection 4, Code 2023, is
31amended to read as follows:
324. The department shall, upon request, provide the name,
33address, social security number, and any other identifying
34information of a registrant to the biological mother of
35the child; a court; the department of human services; the
-199-1attorney of any party to an adoption, termination of parental
2rights, or establishment of paternity or support action; or
3to the child support recovery unit services for an action to
4establish paternity or support; or any other subunit of the
5department subject to prior approval by the state registrar.
6The information shall not be divulged to any other person and
7shall be considered a confidential record as to any other
8person, except upon order of the court for good cause shown.
9If the registry has not received a declaration of paternity,
10the department shall provide a written statement to that effect
11to the person making the inquiry.
12 Sec. 279. Section 144.13, subsection 4, Code 2023, is
13amended to read as follows:
144. The division state registrar shall make all of the
15following available to the child support recovery unit
16 services, upon request:
17a. A copy of a child’s birth certificate.
18b. The social security numbers of the mother and the father.
19c. A copy of the affidavit of paternity if filed pursuant
20to section 252A.3A and any subsequent rescission form which
21rescinds the affidavit.
22d. Information, other than information for medical and
23health use only, identified on a child’s birth certificate or
24on an affidavit of paternity filed pursuant to section 252A.3A.
25The information may be provided as mutually agreed upon by the
26division state registrar and the child support recovery unit
27 services, including by automated exchange.
28 Sec. 280. Section 144.13A, subsection 5, paragraph a, Code
292023, is amended to read as follows:
30a. Ten dollars of each registration fee is appropriated and
31shall be used for primary and secondary child abuse prevention
32programs pursuant to section 235A.1, and ten dollars of each
33registration fee is appropriated and shall be used for the
34center for congenital and inherited disorders central registry
35established pursuant to section 136A.6. Notwithstanding
-200-1section 8.33, moneys appropriated in this paragraph that remain
2unencumbered or unobligated at the close of the fiscal year
3shall not revert but shall remain available for expenditure
4for the purposes designated until the close of the succeeding
5fiscal year, and shall not be transferred, used, obligated,
6appropriated, or otherwise encumbered except as provided in
7this paragraph.
8 Sec. 281. Section 144.26, Code 2023, is amended to read as
9follows:
10144.26 Death certificate.
111. a. A death certificate for each death which occurs
12in this state shall be filed as directed by the state
13registrar within three days after the death and prior to final
14disposition, and shall be registered by the county registrar
15if it has been completed and filed in accordance with this
16chapter. A death certificate shall include the social security
17number, if provided, of the deceased person. All information
18including the certifying physician’s, physician assistant’s,
19or advanced registered nurse practitioner’s name shall be
20typewritten.
21b. A physician assistant or an advanced registered nurse
22practitioner authorized to sign a death certificate shall be
23licensed in this state and shall have been in charge of the
24deceased patient’s care.
252. All information included on a death certificate may
26be provided as mutually agreed upon by the division state
27registrar and the child support recovery unit services,
28including by automated exchange.
293. a. The county in which a dead body is found is the
30county of death. If death occurs in a moving conveyance,
31the county in which the dead body is first removed from the
32conveyance is the county of death.
33b. If a decedent died outside of the county of the
34decedent’s residence, the state registrar shall send a copy
35of the decedent’s death certificate and any amendments to the
-201-1county registrar of the county of the decedent’s residence.
2The county registrar shall record a death certificate received
3pursuant to this paragraph in the same records in which the
4death certificate of a decedent who died within the county
5is recorded. The state registrar may provide the county
6registrars with electronic access to vital records in lieu of
7the requirements of this paragraph.
84. a. The department shall establish by rule procedures
9for making a finding of presumption of death when no body
10can be found. The department shall also provide by rule
11the responsibility for completing and signing the medical
12certification of cause of death in such circumstances. The
13presumptive death certificate shall be in a form prescribed by
14the state registrar and filed in the county where the death was
15presumed to occur.
16b. The division department shall provide for the correction,
17substitution, or removal of a presumptive death certificate
18when the body of the person is later found, additional facts
19are discovered, or the person is discovered to be alive.
205. Upon the activation of an electronic death record system,
21each person with a duty related to death certificates shall
22participate in the electronic death record system. A person
23with a duty related to a death certificate includes but is not
24limited to a physician as defined in section 135.1, a physician
25assistant, an advanced registered nurse practitioner, a funeral
26director, and a county recorder.
27 Sec. 282. Section 144.29A, subsection 1, paragraph c, Code
282023, is amended to read as follows:
29c. The maternal health services region of the Iowa
30 department of public health and human services, as designated
31as of July 1, 1997, in which the patient resides.
32 Sec. 283. Section 144.36, subsection 1, Code 2023, is
33amended to read as follows:
341. A certificate recording each marriage performed in
35this state shall be filed with the state registrar. The
-202-1county registrar shall prepare the certificate on the form
2furnished by the state registrar upon the basis of information
3obtained from the parties to be married, who shall attest to
4the information by their signatures. The county registrar in
5each county shall keep a record book for marriages of marriage
6certificates as required by the state registrar. The form of
7marriage record books shall be uniform throughout the state. A
8properly indexed permanent record of marriage certificates upon
9microfilm, electronic computer, or data processing equipment
10may be kept in lieu of marriage record books.
11 Sec. 284. Section 144.37, Code 2023, is amended to read as
12follows:
13144.37 Dissolution and annulment records.
141. For each dissolution or annulment of marriage granted
15by any court in this state, a record shall be prepared by
16the clerk of court or by the petitioner or the petitioner’s
17legal representative if directed by the clerk and filed by
18the clerk of court with the state registrar. The information
19necessary to prepare the report record shall be furnished with
20the petition, to the clerk of court by the petitioner or the
21petitioner’s legal representative, on forms supplied by the
22state registrar.
232. The clerk of the district court in each county shall
24keep a record book for maintain the records of dissolutions and
25annulments of marriage as required by the state registrar. The
26form of dissolution record books shall be uniform throughout
27the state. A properly indexed record of dissolutions upon
28microfilm, electronic computer, or data processing equipment
29may be kept in lieu of dissolution record books.
303. On or before the tenth day of each calendar month, the
31clerk of court shall forward to the state registrar the record
32of each dissolution and annulment granted during the preceding
33calendar month and related reports required by regulations
34issued under this chapter.
35 Sec. 285. Section 144.43, subsection 3, paragraph b, Code
-203-12023, is amended to read as follows:
2b. The following vital statistics records in the custody
3of the state archivist may be inspected and copied as of right
4under chapter 22:
5(1) A record of birth that if the record is at least
6seventy-five years old or upon proof of entitlement to the
7record.
8(2) A record of marriage that if the record is at least
9seventy-five years old or upon proof of entitlement to the
10record.
11(3) A record of divorce, dissolution of marriage,
12or annulment of marriage that if the record is at least
13seventy-five years old or upon proof of entitlement to the
14record.
15(4) A record of death or fetal death, either of which if the
16record is at least fifty years old or upon proof of entitlement
17to the record.
18 Sec. 286. Section 144A.2, subsection 5, Code 2023, is
19amended to read as follows:
205. “Department” means the Iowa department of public health
21and human services.
22 Sec. 287. Section 144D.1, subsection 2, Code 2023, is
23amended to read as follows:
242. “Department” means the department of public health and
25human services.
26 Sec. 288. Section 146A.1, subsection 1, paragraph d,
27subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
28to read as follows:
29That the woman has been provided information regarding all
30of the following, based upon the materials developed by the
31department of public health and human services pursuant to
32subparagraph (2):
33 Sec. 289. Section 146A.1, subsection 1, paragraph d,
34subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
35to read as follows:
-204- 1The department of public health and human services shall
2make available to physicians, upon request, all of the
3following information:
4 Sec. 290. Section 146B.1, subsection 3, Code 2023, is
5amended to read as follows:
63. “Department” means the department of public health and
7human services.
8 Sec. 291. Section 147.1, subsection 2, Code 2023, is amended
9to read as follows:
102. “Department” means the department of public health and
11human services.
12 Sec. 292. Section 147.77, Code 2023, is amended to read as
13follows:
14147.77 Powers, privileges, rights, or duties provided by rule
15— applicability to physician assistants.
161. The following agencies that adopt rules pursuant to
17chapter 17A providing a power, privilege, right, or duty to
18a physician licensed under chapter 148 or other profession
19licensed under this subtitle relating to the following subjects
20shall, consistent with the scope of practice of physician
21assistants licensed under chapter 148C, and unless otherwise
22inconsistent with state or federal law, provide the same power,
23privilege, right, or duty by rule to a physician assistant
24licensed under chapter 148C:
25a. The department of administrative services, with respect
26to rules relating to the following:
27(1) Retroactive conversion of vacation time to sick leave
28for vacation time spent under the care of a physician.
29(2) Certification of a catastrophic illness by a physician
30for purposes of donation of leave and second medical
31opinions and updates sought from a physician relating to such
32certifications.
33b. The department on aging, with respect to rules relating
34to a written order from a physician for an older individual
35requesting a therapeutic diet, and the interpretation of such
-205-1orders.
2c. b. The department of corrections, with respect to rules
3relating to the following:
4(1) That a parolee shall not use, purchase, possess, or
5transfer any drugs unless prescribed by a physician.
6(2) That a serious medical need is one that has been
7diagnosed by a physician as requiring treatment or is one so
8obvious that a lay person would easily recognize the necessity
9for a physician’s attention.
10(3) That each jail shall have a designated licensed
11physician, licensed osteopathic physician, or medical resource
12designated for the medical supervision, care, and treatment of
13prisoners as deemed necessary and appropriate.
14(4) That prescription medication, as ordered by a licensed
15physician, licensed osteopathic physician, or licensed dentist
16shall be provided in accordance with the directions of the
17prescribing physician or dentist. Prisoners with medication
18from a personal physician, osteopathic physician, or dentist
19may be evaluated by a physician, osteopathic physician, or
20dentist selected by the jail administrator to determine if the
21present medication is appropriate.
22(5) That expired drugs or drugs not in unit dose packaging,
23whose administration had been discontinued by the attending
24physician, shall be destroyed by the jail administrator or
25designee in the presence of a witness.
26(6) That special diets in jails prescribed by a physician
27shall be followed and documented, that the physician who
28prescribes the special diet shall specify a date on which the
29diet will be reviewed for renewal or discontinuation, and that
30unless specified by the prescribing physician, a certified
31dietitian shall develop the menu.
32(7) That special diets prescribed by a physician for the
33care and treatment of juveniles in nonsecure hold shall be
34followed and documented.
35(8) For medical services in temporary holding facilities,
-206-1that a serious medical need is one that has been diagnosed by
2a physician as requiring treatment or one that is so obvious
3that a lay person would easily recognize the necessity for a
4physician’s attention.
5(9) For medical resources in temporary holding facilities,
6that each facility shall have a designated licensed physician,
7licensed osteopathic physician, or medical resource designated
8for the medical supervision, care, and treatment of detainees
9as deemed necessary and appropriate.
10(10) Medication procedures in temporary holding facilities,
11that prescription medication, as ordered by a licensed
12physician, licensed osteopathic physician, or licensed dentist
13shall be provided in accordance with the directions of the
14prescribing physician or dentist. Detainees with medication
15from a personal physician, osteopathic physician, or dentist
16may be evaluated by a physician, osteopathic physician, or
17dentist selected by the facility administrator to determine if
18the present medication is appropriate.
19(11) For medication storage in temporary holding
20facilities, that expired drugs or drugs not in unit dose
21packaging, whose administration had been discontinued by
22the attending physician, shall be destroyed by the facility
23administrator or designee in the presence of a witness.
24(12) For medical diets in temporary holding facilities,
25that special diets as prescribed by a physician shall be
26followed and documented.
27(13) For medical care and treatment for juveniles in
28nonsecure holds in temporary holding facilities, that special
29diets as prescribed by a physician shall be followed and
30documented.
31d. c. The economic development authority, with respect
32to rules relating to the certification of a person with a
33disability for the purpose of the targeted small business
34program, that in order to be considered a person with a
35disability for the purpose of the targeted small business
-207-1program, the person must qualify and receive certification
2as having a disability from a licensed medical physician or
3must have been found eligible for vocational rehabilitation
4services by the department of education, division of vocational
5rehabilitation services, or by the department for the blind.
6e. d. The department of education, with respect to rules
7relating to the following:
8(1) For statements relating to medication administration
9policies, that a statement that persons administering
10medication shall include authorized practitioners, such as
11licensed registered nurses and physicians, and persons to whom
12authorized practitioners have delegated the administration
13of prescription and nonprescription drugs. Individuals
14shall self-administer asthma or other airway constricting
15disease medication or possess and have use of an epinephrine
16auto-injector with parent and physician consent on file,
17without the necessity of demonstrating competency to
18self-administer these medications.
19(2) For medication administration courses relating
20to medication administration policies, that a medication
21administration course be conducted by a registered nurse
22or licensed pharmacist and include an annual medication
23administration procedural skills check completed with a
24registered nurse or pharmacist.
25(3) For school-based youth services programs, that
26preventive and primary health care services shall be delivered
27by specifically credentialed providers as specified.
28f. e. The department of health and human services, with
29respect to rules relating to the following:
30(1) That an incident for purposes of accreditation
31of providers of services to persons with mental illness,
32intellectual disabilities, or developmental disabilities
33includes but is not limited to an occurrence involving the
34individual using the service that results in a physical injury
35to or by the individual that requires a physician’s treatment
-208-1or admission to a hospital.
2(2) That a mental health professional, for purposes
3of accreditation of providers of services to persons with
4mental illness, intellectual disabilities, or developmental
5disabilities, includes a medical professional licensed in this
6state, provided that the professional otherwise meets all of
7the conditions to qualify as a mental health professional.
8(3) That home health aide services for purposes of
9disability services management and regional services may
10include medications specifically ordered by a physician.
11(4) That payment relating to the state supplementary
12assistance program for residential care shall only be made when
13there is on file an order written by a physician certifying
14that the applicant or recipient being admitted requires
15residential care but does not require nursing services.
16(5) That a case folder for a facility participating in
17the state supplementary assistance program must include a
18physician’s statement certifying that a resident does not
19require nursing services.
20(6) That personnel providing psychological evaluations
21and counseling or psychotherapy services for area education
22agencies under the medical assistance program include specified
23professions endorsed, licensed, or registered in this state,
24provided that the professional otherwise meets all of the
25conditions to qualify as a mental health professional.
26(7) That personnel providing psychological evaluations and
27counseling or psychotherapy services for providers of infant
28and toddler program services under the medical assistance
29program include specified professions endorsed, licensed,
30or registered in this state, provided that the professional
31otherwise meets all of the conditions to qualify as a mental
32health professional.
33(8) That personnel providing other services for providers
34of infant and toddler program services under the medical
35assistance program include specified professions recognized,
-209-1endorsed, or licensed in this state, provided that the
2professional otherwise meets all of the conditions to qualify
3as a mental health professional.
4(9) That personnel providing psychological evaluations
5and counseling or psychotherapy services for providers of
6local education agency services under the medical assistance
7program include specified professions endorsed, licensed,
8or registered in this state, provided that the professional
9otherwise meets all of the conditions to qualify as a mental
10health professional.
11(10) That personnel providing other services for providers
12of local education agency services under the medical assistance
13program include specified professions recognized, endorsed,
14or licensed in this state, provided that the professional
15otherwise meets all of the conditions to qualify as a mental
16health professional.
17(11) For payment for medically necessary home health agency
18services under the medical assistance program, that payment
19shall be approved for medically necessary home health agency
20services prescribed by a physician in a plan of home health
21care provided by a Medicare-certified home health agency.
22(12) For authorization for medically necessary home health
23agency services under the medical assistance program, that
24services shall be authorized by a physician, evidenced by the
25physician’s signature and date on a plan of treatment.
26(13) For treatment plans of home health agencies under the
27medical assistance program, that a member’s medical condition
28shall be reflected by the date last seen by a physician, if
29available.
30(14) For items included in treatment plans of home health
31agencies under the medical assistance program, that a plan of
32care shall include a physician’s signature and date and that
33the plan of care must be signed and dated by the physician
34before the claim for service is submitted for reimbursement.
35(15) For skilled nursing services provided by a home health
-210-1agency under the medical assistance program, that medical
2documentation shall be submitted justifying the need for
3continued visits, including the physician’s estimate of the
4length of time that additional visits will be necessary, and
5that daily skilled nursing visits or multiple daily visits for
6wound care or insulin injections shall be covered when ordered
7by a physician and included in the plan of care.
8(16) For physical therapy services provided by a home health
9agency under the medical assistance program, that payment shall
10be made for physical therapy services when the services follow
11a treatment plan established by the physician after any needed
12consultation with the qualified physical therapist.
13(17) For occupational therapy services provided by a
14home health agency under the medical assistance program,
15that payment shall be made for occupational therapy services
16when the services follow a treatment plan established by the
17physician.
18(18) For speech therapy services provided by a home health
19agency under the medical assistance program, that payment shall
20be made for speech therapy services when the services follow a
21treatment plan established by the physician.
22(19) For home health aide services provided by a home health
23agency under the medical assistance program, that the service
24as well as the frequency and duration are stated in a written
25plan of treatment established by a physician.
26(20) For home health aide services provided by a home health
27agency under the medical assistance program, that services
28provided for specified durations when ordered by a physician
29and included in a plan of care shall be allowed as intermittent
30services.
31(21) For home health aide services provided by a home health
32agency under the medical assistance program, that personal
33care services include helping the member take medications
34specifically ordered by a physician.
35(22) For private duty nursing or personal care services for
-211-1persons aged twenty and under, under the medical assistance
2program, that private duty nursing services are those services
3which are provided by a registered nurse or a licensed
4practical nurse under the direction of the member’s physician
5to a member in the member’s place of residence or outside the
6member’s residence, when normal life activities take the member
7outside the place of residence.
8(23) For private duty nursing or personal care services for
9persons aged twenty and under, under the medical assistance
10program, that services shall be provided according to a written
11plan of care authorized by a licensed physician.
12(24) For private duty nursing or personal care services for
13persons aged twenty and under, under the medical assistance
14program, that personal care services are those services
15provided by a home health aide or certified nurse’s aide and
16which are delegated and supervised by a registered nurse under
17the direction of the member’s physician to a member in the
18member’s place of residence or outside the member’s residence,
19when normal life activities take the member outside the place
20of residence, and that these services shall be in accordance
21with the member’s plan of care and authorized by a physician.
22(25) For requirements for private duty nursing or personal
23care services for persons aged twenty and under, under the
24medical assistance program, that private duty nursing or
25personal care services shall be ordered in writing by a
26physician as evidenced by the physician’s signature on the plan
27of care.
28(26) For obtaining prescription medications for children in
29juvenile detention and shelter care homes, that prescription
30medication provided to residents shall be dispensed only from a
31licensed pharmacy in this state in accordance with state law,
32from a licensed pharmacy in another state according to the laws
33of that state, or by a licensed physician.
34(27) For health and dental programs provided by agencies
35providing foster care services, that a child’s physical
-212-1examination shall be performed by a licensed physician or
2licensed nurse practitioner.
3(28) For health and dental programs provided by agencies
4providing foster care services, that if documentation of prior
5immunization is unavailable, immunizations required by the
6department of public health shall begin within thirty days of
7placement, unless contraindicated and unless a statement from
8a physician to that effect is included in the child’s medical
9record, and that a statement from a physician, referring
10agency, parent, or guardian indicating immunizations are
11current is sufficient documentation of immunizations.
12(29) For the dispensing, storage, authorization, and
13recording of medications in child care centers, that all
14medications shall be stored in their original containers, with
15accompanying physician or pharmacist’s directions and label
16intact and stored so they are inaccessible to children and the
17public.
18(30) For an infants’ area in a child care center, that
19upon the recommendation of a child’s physician or the area
20education agency serving the child, a child who is two years
21of age or older with a disability that results in significant
22developmental delays in physical and cognitive functioning who
23does not pose a threat to the safety of the infants may, if
24appropriate and for a limited time approved by the department,
25remain in the infant area.
26(31) For facility requirements for a child development
27home, that the telephone number for each child’s physician
28shall be written on paper and readily accessible by the
29telephone.
30(32) For medications and hazardous materials in a child
31development home, that medications shall be given only with
32the parent’s or doctor’s written authorization, and that each
33prescribed medication shall be accompanied by a physician’s or
34pharmacist’s direction.
35(33) For medical reports regarding the health of a family
-213-1in a family life home, that a medical report shall provide
2significant findings of a physician, such as the presence or
3absence of any communicable disease.
4(34) For medical reexaminations of a family in a family
5life home, that medical reexaminations may be required at the
6discretion of a physician.
7(35) For medical examinations of a client in a family life
8home, that a physician shall certify that the client is free
9from any communicable disease and does not require a higher
10level of care than that provided by a family life home.
11(36) For the records of a client in a family life home,
12that the family shall have available at all times, the name,
13address, and telephone number of the client’s physician.
14(37) For the facility requirements for a child care home,
15that the telephone number for each child’s physician shall be
16written on paper and readily accessible by the telephone.
17(38) For the administration of medications at a child care
18home, that medications shall be given only with the parent’s or
19doctor’s written authorization and each prescribed medication
20shall be accompanied by a physician’s or pharmacist’s
21direction.
22(39) For payments for foster care, that an intellectual
23disabilities professional includes specified professions,
24provided that the professional otherwise meets all of
25the conditions to qualify as an intellectual disabilities
26professional.
27(40) For payments for foster care, that a mental health
28professional includes specified professions, provided that the
29professional otherwise meets all of the conditions to qualify
30as a mental health professional.
31(41) For the subsidized adoption program, that a qualified
32intellectual disability professional includes specified
33professions, provided that the professional otherwise meets
34all of the conditions to qualify as a qualified intellectual
35disability professional.
-214- 1(42) For the subsidized adoption program, that a qualified
2mental health professional includes specified professions,
3provided that the professional otherwise meets all of
4the conditions to qualify as a qualified mental health
5professional.
6(43) For the information provided to a foster care provider
7by a department worker at the time of placement, that the
8information shall include the names, addresses, and telephone
9numbers of the child’s physician and dentist.
10(44) A written order from a physician for an older
11individual requesting a therapeutic diet, and the
12interpretation of such orders.
13(45) That “impaired glucose tolerance”, for purposes of
14outpatient diabetes education programs, means a condition in
15which blood glucose levels are higher than normal, diagnosed by
16a physician, and treated with a food plan, exercise, or weight
17control.
18(46) For instructors for programs not recognized by the
19American diabetes association or accredited by the American
20association of diabetes educators, that the primary instructors
21shall be one or more of specified health care professionals who
22are knowledgeable about the disease process of diabetes and the
23treatment of diabetes.
24(47) For the written form for participation in the
25prescription drug donation repository program, that the form
26shall include the name and telephone number of the responsible
27pharmacist, physician, or nurse practitioner who is employed
28by or under contract with the pharmacy or medical facility,
29and shall also include a statement, signed and dated by the
30responsible pharmacist, physician, or nurse practitioner,
31indicating that the pharmacy or medical facility meets the
32eligibility requirements and shall comply with the requirements
33established by rule.
34(48) For the dispensing of donated prescription drugs and
35supplies, that donated drugs and supplies may be dispensed
-215-1only if the drugs or supplies are prescribed by a health
2care practitioner for use by an eligible individual and
3are dispensed by a licensed pharmacist, physician, or nurse
4practitioner.
5g. f. The department of inspections and appeals, with
6respect to rules relating to the following:
7(1) For the qualifications of an attending physician at a
8hospice, that the person shall have an active Iowa license to
9practice medicine.
10(2) For residential care facilities for persons with
11intellectual disabilities, that a qualified intellectual
12disability professional includes specified professions,
13provided that the professional otherwise meets all of the
14conditions to qualify as a qualified intellectual disability
15professional.
16(3) For nursing facilities, that a qualified intellectual
17disabilities professional includes specified professions,
18provided that the professional otherwise meets all of the
19conditions to qualify as a qualified intellectual disabilities
20professional.
21(4) For intermediate care facilities for persons with
22mental illness, that a qualified mental health professional
23includes specified professions, provided that the professional
24otherwise meets all of the conditions to qualify as a qualified
25mental health professional.
26(5) For notifications submitted to the department from
27a subacute mental health care facility in the event of an
28accident causing a major injury, including as a major injury an
29injury which requires consultation with the attending physician
30or designee of the physician or advanced registered nurse
31practitioner who determines that an injury is a major injury.
32h. g. The racing and gaming commission, with respect to
33rules relating to the following:
34(1) For the grounds for denial, suspension, or revocation
35of an occupational or vendor license, that a license shall be
-216-1denied if the applicant has a history of mental illness without
2demonstrating successful treatment by a licensed medical
3physician.
4(2) For the qualifications for jockeys, that a jockey shall
5pass a physical examination by a licensed physician affirming
6fitness to participate as a jockey.
7(3) For the regulation of licensees in restricted areas of
8a racing facility, that licensees whose duties require them to
9be in a restricted area of a racing facility shall not have
10present within their systems any controlled substance as listed
11in schedules I to V of U.S.C. Tit.21 (Food and Drug Section
12812), chapter 124, or any prescription drug unless it was
13obtained directly or pursuant to valid prescription or order
14from a duly licensed physician who is acting in the course of
15professional practice.
16i. h. The Iowa law enforcement academy, with respect to
17rules relating to the following:
18(1) For the minimum standards for law enforcement officers,
19that an officer is examined by a licensed physician or surgeon.
20(2) For hiring standards must be reverified if an individual
21is not hired by an Iowa law enforcement agency during a
22specified period of time following completion of the course
23of study, that the individual must be examined by a licensed
24physician or surgeon.
25(3) For the selection or appointment of reserve peace
26officers, that the person shall be examined by a licensed
27physician or surgeon.
28j. i. The natural resource commission, with respect to
29rules relating to the following:
30(1) That the grounds for revoking or suspending an
31instructor license include participation in a course while
32ingesting prescription medication in a manner contrary to the
33dosing directions given by the prescribing physician.
34(2) For applications for use of a crossbow for deer and
35turkey hunting by handicapped individuals, that an application
-217-1must include a statement signed by the applicant’s physician
2declaring that the individual is not physically capable of
3shooting a bow and arrow.
4(3) For authorization for the use of a crossbow for deer
5and turkey hunting by handicapped individuals, that if a
6conservation officer has probable cause to believe the person’s
7handicapped status has improved, making it possible for the
8person to shoot a bow and arrow, the department of natural
9resources may, upon the officer’s request, require the person
10to obtain in writing a current physician’s statement.
11(4) For licenses for nonresidents to participate in a
12special deer hunting season for severely disabled persons,
13that a nonresident applying for the license must have on file
14with the department of natural resources either a copy of a
15disabilities parking permit issued by a state department of
16transportation or an Iowa department of natural resources form
17signed by a physician that verifies their disability.
18k. The Iowa department of public health, with respect to
19rules relating to the following:
20(1) That “impaired glucose tolerance”, for purposes of
21outpatient diabetes education programs, means a condition in
22which blood glucose levels are higher than normal, diagnosed by
23a physician, and treated with a food plan, exercise, or weight
24control.
25(2) For instructors for programs not recognized by the
26American diabetes association or accredited by the American
27association of diabetes educators, that the primary instructors
28shall be one or more of specified health care professionals who
29are knowledgeable about the disease process of diabetes and the
30treatment of diabetes.
31(3) For the written form for participation in the
32prescription drug donation repository program, that the form
33shall include the name and telephone number of the responsible
34pharmacist, physician, or nurse practitioner who is employed
35by or under contract with the pharmacy or medical facility,
-218-1and shall also include a statement, signed and dated by the
2responsible pharmacist, physician, or nurse practitioner,
3indicating that the pharmacy or medical facility meets the
4eligibility requirements and shall comply with the requirements
5established by rule.
6(4) For the dispensing of donated prescription drugs and
7supplies, that donated drugs and supplies may be dispensed
8only if the drugs or supplies are prescribed by a health
9care practitioner for use by an eligible individual and
10are dispensed by a licensed pharmacist, physician, or nurse
11practitioner.
12l. j. The department of public safety, with respect to
13rules relating to permits to carry weapons, that a person who
14is an unlawful user of or addicted to any controlled substance
15includes any person who is a current user of a controlled
16substance in a manner other than as prescribed by a licensed
17physician.
18m. k. The department of transportation, with respect
19to rules relating to exemptions from motor vehicle window
20transparency requirements, that a motor vehicle fitted with
21a front windshield, a front side window, or a front sidewing
22with less than seventy percent but not less than thirty-five
23percent light transmittance before July 4, 2012, may continue
24to be maintained and operated with a front windshield, a front
25side window, or a front sidewing with less than seventy percent
26but not less than thirty-five percent light transmittance on or
27after July 4, 2012, so long as the vehicle continues to be used
28for the transport of a passenger or operator who documented in
29the manner specified by the department a medical need for such
30reduced transparency, which document was signed by the person’s
31physician before July 4, 2012.
32n. l. The Iowa department of veterans affairs, with respect
33to rules relating to expenses relating to the purchase of
34durable equipment or services, that individuals requesting
35reimbursement who need durable equipment as a medical necessity
-219-1should provide information from a physician.
2o. m. The department of workforce development, with respect
3to rules relating to the following:
4(1) That a voluntary quit shall be presumed to be without
5good cause attributable to the employer for purposes of
6unemployment compensation if a claimant left employment because
7of illness or injury which was not caused or aggravated by the
8employment or pregnancy and failed to obtain the advice of a
9licensed and practicing physician, obtain certification of
10release for work from a licensed and practicing physician, or
11return to the employer and offer services upon recovery and
12certification for work by a licensed and practicing physician.
13(2) That for purposes of unemployment compensation, it is
14a reason for a claimant leaving employment with good cause
15attributable to the employer if the claimant left employment
16because of illness, injury, or pregnancy upon the advice of
17a licensed and practicing physician, and upon recovery, when
18recovery was certified by a licensed and practicing physician,
19the claimant returned and offered to perform services to the
20employer, but no suitable, comparable work was available.
21(3) That for purposes of unemployment compensation it is
22a reason for a claimant leaving employment with good cause
23attributable to the employer if the claimant left employment
24upon the advice of a licensed and practicing physician for the
25sole purpose of taking a family member to a place having a
26different climate and subsequently returned to the claimant’s
27regular employer and offered to perform services, but the
28claimant’s regular or comparable work was not available.
29p. n. The labor services division of the department of
30workforce development, with respect to rules relating to the
31following:
32(1) For the disclosure of a trade secret relating to a
33hazardous chemical during a medical emergency, that where a
34treating physician or nurse determines that a medical emergency
35exists and the specific chemical identity of a hazardous
-220-1chemical is necessary for emergency or first-aid treatment, the
2chemical manufacturer, importer, or employer shall immediately
3disclose the specific chemical identity of a trade secret
4chemical to that treating physician or nurse, regardless of the
5existence of a written statement of need or a confidentiality
6agreement.
7(2) For the disclosure of a trade secret relating to
8a hazardous chemical in a nonemergency situation, that in
9nonemergency situations, a chemical manufacturer, importer,
10or employer shall, upon request, disclose a specific chemical
11identity, otherwise permitted to be withheld by rule, to a
12specified health professional providing medical or other
13occupational health services to exposed employees or designated
14representatives in specified circumstances.
15(3) For applications for a license to practice asbestos
16removal, that except as noted in rule, only worker and
17contractor/supervisor license applicants must submit the
18respiratory protection and physician’s certification forms.
19(4) For documentation held by persons licensed for asbestos
20abatement in an area that is subject to a disaster emergency
21proclamation, that the labor commissioner deems an individual
22contractor, supervisor, or worker to be licensed and authorized
23for asbestos abatement if the individual, in addition to other
24specified conditions, makes immediately available on the
25work site a copy of a physician’s statement indicating that,
26consistent with federal law, a licensed physician has examined
27the individual within the past twelve months and approved the
28individual to work while wearing a respirator.
29(5) That the contents of an application for an event
30license for a covered athletic event other than a professional
31wrestling event shall contain, along with other requirements,
32a copy of the medical license of the ringside physician and
33the date, time, and location of the ringside physician’s
34examination of the contestants.
35(6) For the responsibilities of the promoter of an athletic
-221-1event, that the promoter submit test results to the ringside
2physician no later than at the time of the physical showing
3that each contestant scheduled for the event tested negative
4for the human immunodeficiency, hepatitis B, and hepatitis C
5viruses within the one-year period prior to the event, and that
6the contestant shall not participate and the physician shall
7notify the promoter that the contestant is prohibited from
8participating for medical reasons if specified circumstances
9occur.
10(7) For injuries during a professional boxing match, that if
11a contestant claims to be injured during the bout, the referee
12shall stop the bout and request the attending physician to make
13an examination. If the physician decides that the contestant
14has been injured as the result of a foul, the physician shall
15advise the referee of the injury. If the physician is of the
16opinion that the injured contestant may be able to continue,
17the physician shall order an intermission, after which the
18physician shall make another examination and again advise
19the referee of the injured contestant’s condition. It shall
20be the duty of the promoter to have an approved physician in
21attendance during the entire duration of all bouts.
22(8) For persons allowed in a ring during a professional
23boxing match, that no person other than the contestants and the
24referee shall enter the ring during the bout, excepting the
25seconds between the rounds or the attending physician if asked
26by the referee to examine an injury to a contestant.
27(9) For the weighing of contestants in a professional boxing
28match, that contestants shall be weighed and examined on the
29day of the scheduled match by the attending ring physician at a
30time and place to be determined by the commissioner.
31(10) For attending ring physicians during a professional
32boxing match, that when a boxer has been injured seriously,
33knocked out, or technically knocked out, the referee shall
34immediately summon the attending ring physician to aid the
35stricken boxer, and that managers, handlers, and seconds shall
-222-1not attend to the stricken boxer, except at the request of the
2physician.
3(11) For the keeping of time during a professional boxing
4match, that the timekeeper shall keep an exact record of time
5taken out at the request of a referee for an examination of a
6contestant by the physician.
7(12) For the suspension of contestants during a
8professional boxing match that is an elimination tournament,
9that a contestant who for specified reasons is not permitted
10to box in the state for a period of time shall be examined by a
11physician approved by the commissioner before being permitted
12to fight again.
13(13) For the designation of officials for professional
14kickboxing, that the designation of physicians is subject to
15the approval of the commissioner or designee.
16(14) For officials for a mixed martial arts event, that
17officials shall include a physician.
18(15) For the keeping of time for a mixed martial arts
19event, that the timekeeper shall keep an exact record of time
20taken out at the request of a referee for an examination of a
21contestant by the physician.
22(16) For persons allowed in the cage during a mixed martial
23arts event, that a physician may enter the cage to examine a
24contestant upon the request of the referee.
25(17) For the decorum of persons involved in a mixed martial
26arts event, that a contestant is exempt from prohibitions on
27specified conduct while interacting with the contestant’s
28opponent during a round, but if the round is stopped by the
29physician or referee for a time out, the prohibitions shall
30apply to the contestant.
31(18) For the examination of contestants in a mixed martial
32arts event, that on the day of the event, at a time and place
33to be approved by the commissioner, the ringside physician
34shall conduct a rigorous physical examination to determine the
35contestant’s fitness to participate in a mixed martial arts
-223-1match, and that a contestant deemed not fit by the physician
2shall not participate in the event.
3(19) For injuries during a mixed martial arts event, that if
4a contestant claims to be injured or when a contestant has been
5injured seriously or knocked out, the referee shall immediately
6stop the fight and summon the attending ring physician to make
7an examination of the stricken fighter. If the physician
8decides that the contestant has been injured, the physician
9shall advise the referee of the severity of the injury. If
10the physician is of the opinion the injured contestant may be
11able to continue, the physician shall order an intermission,
12after which the physician shall make another examination and
13again advise the referee of the injured contestant’s condition.
14Managers, handlers, and seconds shall not attend to the
15stricken fighter, except at the request of the physician.
162. This section shall not be construed to expand, diminish,
17or otherwise modify the scope of practice of any profession
18licensed under this subtitle.
193. The rulemaking requirements provided in this section
20shall not be construed to prohibit the agencies listed in
21subsection 1 from engaging in further rulemaking not in
22conflict with this section or state or federal law relating to
23the subject matter of this section or to otherwise diminish the
24authority to engage in rulemaking provided to those agencies by
25any other statute.
26 Sec. 293. Section 147.82, Code 2023, is amended to read as
27follows:
28147.82 Fee retention.
29All fees collected by a board listed in section 147.13 or
30by the department for the bureau of professional licensure,
31and fees collected pursuant to sections 124.301 and 147.80 and
32chapter 155A by the board of pharmacy, shall be retained by
33each board or by the department for the bureau of professional
34licensure. The moneys retained by a board shall be used for
35any of the board’s duties, including but not limited to the
-224-1addition of full-time equivalent positions for program services
2and investigations. Revenues retained by a board pursuant
3to this section shall be considered repayment receipts as
4defined in section 8.2. Notwithstanding section 8.33, moneys
5retained by a board pursuant to this section are not subject to
6reversion to the general fund of the state.
7 Sec. 294. Section 147A.1, subsections 1 and 2, Code 2023,
8are amended to read as follows:
91. “Department” means the Iowa department of public health
10and human services.
112. “Director” means the director of the Iowa department of
12public health and human services.
13 Sec. 295. Section 147A.21, subsections 2 and 3, Code 2023,
14are amended to read as follows:
152. “Department” means the Iowa department of public health
16and human services.
173. “Director” means the director of public health and human
18services.
19 Sec. 296. Section 147A.24, subsection 1, paragraph d, Code
202023, is amended to read as follows:
21d. Department of public health and human services.
22 Sec. 297. Section 147C.1, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. “Alternative program” means a nondisciplinary monitoring
25or practice remediation process approved by a physical therapy
26licensing board. This includes but is not limited to substance
27abuse use disorder issues.
28 Sec. 298. Section 147D.1, subsection 2, paragraph c, Code
292023, is amended to read as follows:
30c. “Alternative program” means a voluntary, nondisciplinary
31substance abuse use disorder recovery program approved by a
32state emergency medical services authority.
33 Sec. 299. Section 147E.1, subsection 2, paragraph k, Code
342023, is amended to read as follows:
35k. “Impaired practitioner” means individuals whose
-225-1professional practice is adversely affected by substance abuse
2 use disorder, addiction, or other health-related conditions.
3 Sec. 300. Section 147F.1, subsection 2, paragraph n, Code
42023, is amended to read as follows:
5n. “Impaired practitioner” means an individual whose
6professional practice is adversely affected by substance abuse
7 use disorder, addiction, or other health-related conditions.
8 Sec. 301. Section 148C.1, subsection 4, Code 2023, is
9amended to read as follows:
104. “Department” means the department of public health and
11human services.
12 Sec. 302. Section 152.5A, Code 2023, is amended to read as
13follows:
14152.5A Student record checks.
151. For the purposes of this section:
16a. “Comprehensive preliminary background check” means the
17same as defined in section 135C.1.
18b. “Nursing program” means a nursing program that is
19approved by the board pursuant to section 152.5.
20c. “Record check evaluation system” means the same as
21defined in section 135C.1.
22c. d. “Student” means a person applying for, enrolled in,
23or returning to the clinical education component of a nursing
24program.
252. Prior to a student beginning or returning to a nursing
26program, the nursing program shall do one of the following in
27substantial conformance with the provisions of section 135C.33:
28a. Request that the department of public safety perform a
29criminal history check and the record check evaluation system
30of the department of health and human services perform child
31and dependent adult abuse record checks of the student in this
32state.
33b. Access the single contact repository to perform the
34required record checks.
353. a. If a program accesses the single contact repository
-226-1to perform the required record checks pursuant to subsection
22, the program may utilize a third-party vendor to perform
3a comprehensive preliminary background check to allow a
4student to provisionally participate in the clinical education
5component of the nursing program pending completion of the
6required record checks through the single contact repository
7and the evaluation by the department of human services record
8check evaluation system, as applicable, subject to all of the
9following:
10(1) If the comprehensive preliminary background check
11determines that the student being considered for provisional
12participation has been convicted of a crime, but the crime does
13not constitute a felony as defined in section 701.7 and is not
14a crime specified pursuant to chapter 708, 708A, 709, 709A,
15710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
16or 726.28.
17(2) If the comprehensive preliminary background check
18determines the student being considered for provisional
19participation does not have a record of founded child abuse or
20dependent adult abuse, or if an exception pursuant to section
21135C.33, subsection 4, is applicable to the student.
22(3) If the program has requested an evaluation in accordance
23with section 135C.33, subsection 2, paragraph “a”, to determine
24whether the crime warrants prohibition of the student’s
25provisional participation.
26b. The provisional participation under this subsection
273 may continue until such time as the required record checks
28through the single contact repository and the evaluation by the
29department of human services record check evaluation system,
30as applicable, are completed.
314. If a student has a criminal record or a record of
32founded child or dependent adult abuse, upon request of the
33nursing program, the department of human services record check
34evaluation system shall perform an evaluation to determine
35whether the record warrants prohibition of the student’s
-227-1involvement in a clinical education component of a nursing
2program involving children or dependent adults. The department
3of human services record check evaluation system shall utilize
4the criteria provided in section 135C.33 in performing the
5evaluation and shall report the results of the evaluation to
6the nursing program. The department of human services record
7check evaluation system has final authority in determining
8whether prohibition of the student’s involvement in a clinical
9education component is warranted.
10 Sec. 303. Section 152B.1, subsection 2, Code 2023, is
11amended to read as follows:
122. “Department” means the Iowa department of public health
13and human services.
14 Sec. 304. Section 154A.1, subsection 2, Code 2023, is
15amended to read as follows:
162. “Department” means the Iowa department of public health
17and human services.
18 Sec. 305. Section 154B.8, Code 2023, is amended to read as
19follows:
20154B.8 Voluntary surrender of license.
21The director of public health board may accept the voluntary
22surrender of license if accompanied by a written statement of
23intention. The voluntary surrender, when accepted, shall have
24the same force and effect as an order of revocation.
25 Sec. 306. Section 154B.13, subsection 2, Code 2023, is
26amended to read as follows:
272. The board shall appoint a prescribing psychologist rules
28subcommittee comprised of a psychologist appointed by the
29board, a physician appointed by the board of medicine, and a
30member of the public appointed by the director of public health
31and human services to develop rules for consideration by the
32board pursuant to this section.
33 Sec. 307. Section 154D.4, subsection 2, paragraph c, Code
342023, is amended to read as follows:
35c. The provision of children, family, or mental health
-228-1services through the department of health and human services
2or juvenile court, or agencies contracting with the department
3of health and human services or juvenile court, by persons who
4do not represent themselves to be either a marital and family
5therapist or a mental health counselor.
6 Sec. 308. Section 154E.1, subsection 3, Code 2023, is
7amended to read as follows:
83. “Department” means the Iowa department of public health
9and human services.
10 Sec. 309. Section 155A.13, subsection 3, paragraph d, Code
112023, is amended to read as follows:
12d. An applicant seeking a special or limited-use pharmacy
13license for a proposed telepharmacy site that does not meet the
14mileage requirement established in paragraph “c” and is not
15statutorily exempt from the mileage requirement may apply to
16the board for a waiver of the mileage requirement. A waiver
17request shall only be granted if the applicant can demonstrate
18to the board that the proposed telepharmacy site is located in
19an area where there is limited access to pharmacy services and
20can establish the existence of compelling circumstances that
21justify waiving the mileage requirement. The board’s decision
22to grant or deny a waiver request shall be a proposed decision
23subject to mandatory review by the director of public health
24and human services. The director shall review a proposed
25decision and shall have the power to approve, modify, or veto a
26proposed decision. The director’s decision on a waiver request
27shall be considered final agency action subject to judicial
28review under chapter 17A.
29 Sec. 310. Section 155A.46, subsection 1, paragraph a,
30unnumbered paragraph 1, Code 2023, is amended to read as
31follows:
32A pharmacist may, pursuant to statewide protocols developed
33by the board in consultation with the department of public
34 health and human services and consistent with subsection 2,
35order and administer the following to patients ages eighteen
-229-1years and older:
2 Sec. 311. Section 155A.46, subsection 1, paragraph b,
3unnumbered paragraph 1, Code 2023, is amended to read as
4follows:
5A pharmacist may, pursuant to statewide protocols developed
6by the board in consultation with the department of public
7 health and human services and consistent with subsection 2,
8order and administer the following to patients ages six months
9and older:
10 Sec. 312. Section 155A.46, subsection 1, paragraph c, Code
112023, is amended to read as follows:
12c. A pharmacist may, pursuant to statewide protocols
13developed by the board in consultation with the department of
14public health and human services and consistent with subsection
152, order and administer the final two doses in a course of
16vaccinations for HPV to patients ages eleven years and older.
17 Sec. 313. Section 155A.46, subsection 1, paragraph e,
18unnumbered paragraph 1, Code 2023, is amended to read as
19follows:
20A pharmacist may, pursuant to statewide protocols developed
21by the board in consultation with the department of public
22 health and human services and consistent with subsection 2,
23order and administer the following to patients ages six years
24and older:
25 Sec. 314. Section 156.1A, Code 2023, is amended to read as
26follows:
27156.1A Provision of services.
28Nothing contained in this chapter shall be construed
29as prohibiting the operation of any funeral home, funeral
30establishment, or cremation establishment by any person,
31heir, fiduciary, firm, cooperative burial association, or
32corporation. However, each such person, firm, cooperative
33burial association, or corporation shall ensure that all
34mortuary science services are provided by a funeral director,
35and shall keep the Iowa department of public health and human
-230-1services advised of the name of the funeral director.
2 Sec. 315. Section 156.10, Code 2023, is amended to read as
3follows:
4156.10 Inspection.
51. The director department of public health and human
6services may inspect all places where dead human bodies are
7prepared or held for burial, entombment, or cremation, and may
8adopt and enforce such rules and regulations in connection with
9the inspection as may be necessary for the preservation of the
10public health.
112. The Iowa department of public health and human services
12 may assess an inspection fee for an inspection of a place where
13dead human bodies are prepared for burial or cremation. The
14fee may be determined by the department by rule.
15 Sec. 316. Section 157.1, subsection 7, Code 2023, is amended
16to read as follows:
177. “Department” means the Iowa department of public health
18and human services.
19 Sec. 317. Section 157.7, subsection 2, Code 2023, is amended
20to read as follows:
212. The Iowa department of public health may employ clerical
22assistants pursuant to chapter 8A, subchapter IV, to administer
23and enforce this chapter. The costs and expenses of the
24clerical assistants shall be paid from funds appropriated to
25the department of public health.
26 Sec. 318. Section 158.1, subsection 6, Code 2023, is amended
27to read as follows:
286. “Department” means the Iowa department of public health
29and human services.
30 Sec. 319. Section 158.2, subsection 8, Code 2023, is amended
31to read as follows:
328. Persons committed pursuant to chapter 229A to the custody
33of the director of the department of human services in the unit
34for sexually violent predators who cut the hair or trim or
35shave the beard of any other person within the unit, without
-231-1receiving direct compensation from the person receiving the
2service.
3 Sec. 320. Section 158.3, subsection 1, paragraph d, Code
42023, is amended to read as follows:
5d. Presents a certificate, or satisfactory evidence, to the
6department that the applicant has successfully completed tenth
7grade, or the equivalent. The provisions of this subsection
8shall not apply to students enrolled in a barber school
9maintained at an institution under the control of a director of
10a division of the department of human services.
11 Sec. 321. Section 158.6, subsection 2, Code 2023, is amended
12to read as follows:
132. The Iowa department of public health may employ clerical
14assistants pursuant to chapter 8A, subchapter IV, to administer
15and enforce this chapter. The costs and expenses of the
16clerical assistants shall be paid from funds appropriated to
17the department of public health.
18 Sec. 322. Section 163.3A, subsection 2, Code 2023, is
19amended to read as follows:
202. The services shall be performed under the direction of
21the department and may be part of measures authorized by the
22governor under a declaration or proclamation issued pursuant
23to chapter 29C. In such case, the department shall cooperate
24with the Iowa department of public health and human services
25 under chapter 135, and the department of homeland security and
26emergency management, and local emergency management agencies
27as provided in chapter 29C.
28 Sec. 323. Section 190B.102, subsection 3, Code 2023, is
29amended to read as follows:
303. The department of agriculture and land stewardship, the
31department of public health, the department of health and human
32services, and the department of inspections and appeals shall
33cooperate with the department of revenue to administer this
34subchapter.
35 Sec. 324. Section 204.7, subsection 8, paragraph a,
-232-1subparagraph (3), Code 2023, is amended to read as follows:
2(3) The consumable hemp product complies with packaging
3and labeling requirements, which shall be established by the
4department of inspections health and appeals human services by
5rule.
6 Sec. 325. Section 204.7, subsection 8, paragraphs b and c,
7Code 2023, are amended to read as follows:
8b. A person manufacturing a consumable hemp product in
9this state shall register with the department of inspections
10 health and appeals human services on a form prescribed by
11the department of inspections health and appeals human
12services by rule. The department of inspections health and
13appeals human services may impose a fee, established by the
14department of inspections health and appeals human services
15 by rule, on a registrant not to exceed the cost of processing
16the registration. The department of inspections health and
17appeals human services shall adopt rules for the revocation
18of a registration issued to a manufacturer who manufactures a
19consumable hemp product not in compliance with this chapter.
20c. A person selling a consumable hemp product in this state
21shall register with the department of inspections health and
22appeals human services on a form prescribed by the department
23of inspections health and appeals human services by rule and
24shall keep on the premises of the person’s business a copy
25of the certificate of analysis issued pursuant to section
26204.8 for the hemp contained in the consumable hemp products
27sold by the person. The department of inspections health and
28appeals human services may impose a fee, established by the
29department of inspections health and appeals human services
30 by rule, on a registrant not to exceed the cost of processing
31the registration. The department of inspections health and
32appeals human services shall adopt rules for the revocation of
33a registration issued to a person who sells a consumable hemp
34product not in compliance with this section.
35 Sec. 326. Section 206.2, subsection 17, paragraph c, Code
-233-12023, is amended to read as follows:
2c. To which reference is made on the label or in
3literature accompanying the pesticide or device, except when
4accurate, nonmisleading reference is made to current official
5publications of the United States department of agriculture or
6interior, the United States public health service, the state
7agricultural experiment stations, the Iowa state university,
8the Iowa department of public health and human services, the
9department of natural resources, or other similar federal
10institutions or official agencies of this state or other
11states authorized by law to conduct research in the field of
12pesticides.
13 Sec. 327. Section 216.6, subsection 1, paragraph d, Code
142023, is amended to read as follows:
15d. Person to solicit or require as a condition of employment
16of any employee or prospective employee a test for the presence
17of the antibody to the human immunodeficiency virus or to
18affect the terms, conditions, or privileges of employment or
19terminate the employment of any employee solely as a result
20of the employee obtaining a test for the presence of the
21antibody to the human immunodeficiency virus. An agreement
22between an employer, employment agency, labor organization,
23or their employees, agents, or members and an employee or
24prospective employee concerning employment, pay, or benefits to
25an employee or prospective employee in return for taking a test
26for the presence of the antibody to the human immunodeficiency
27virus, is prohibited. The prohibitions of this paragraph
28do not apply if the state epidemiologist determines and the
29director of public health and human services declares through
30the utilization of guidelines established by the center for
31disease control of the United States department of health and
32human services, that a person with a condition related to
33acquired immune deficiency syndrome poses a significant risk
34of transmission of the human immunodeficiency virus to other
35persons in a specific occupation.
-234-1 Sec. 328. Section 216A.1, Code 2023, is amended to read as
2follows:
3216A.1 Department of health and human services — human
4rights — purpose.
51. A The department of health and human rights is created,
6with the following divisions and offices services shall be
7responsible for all of the following:
8a. Division of community Community advocacy and services,
9with the following offices:
10(1) Office of Latino affairs.
11(2) Office on the status of women.
12(3) Office of persons with disabilities.
13(4) Office of deaf services.
14(5) Office on the status of African Americans.
15(6) Office of Asian and Pacific Islander affairs.
16(7) Office of Native American affairs.
17b. Division of community Community action agencies.
18c. Division of criminal Criminal and juvenile justice
19planning.
202. The purpose of the department under this chapter and as
21otherwise provided by law is to ensure basic rights, freedoms,
22and opportunities for all by empowering underrepresented Iowans
23and eliminating economic, social, and cultural barriers.
243. The department shall implement the comprehensive
25strategic plan approved by the board under section 216A.3 and
26shall issue an annual report to the governor and the general
27assembly no later than November 1 of each year concerning the
28operations of the department relating to responsibilities for
29human rights.
30 Sec. 329. Section 216A.3, Code 2023, is amended to read as
31follows:
32216A.3 Human rights board.
331. A human rights board is created within the department of
34human rights.
352. The board shall consist of sixteen members, including
-235-1eleven voting members and five nonvoting members and determined
2as follows:
3a. The voting members shall consist of nine voting members
4selected by each of the permanent commissions within the
5department, and two voting members, appointed by the governor.
6For purposes of this paragraph “a”, “permanent commissions”
7means the commission of Latino affairs, commission on the
8status of women, commission of persons with disabilities,
9commission on community action agencies, commission of deaf
10services, justice advisory board, commission on the status of
11African Americans, commission of Asian and Pacific Islander
12affairs, and commission of Native American affairs. The term
13of office for voting members is four years.
14b. The nonvoting members shall consist of the department
15director, two state representatives, one appointed by the
16speaker of the house of representatives and one by the minority
17leader of the house of representatives, and two state senators,
18one appointed by the majority leader of the senate and one by
19the minority leader of the senate.
203. A majority of the voting members of the board shall
21constitute a quorum, and the affirmative vote of two-thirds of
22the voting members present is necessary for any substantive
23action taken by the board. The board shall select a
24chairperson from the voting members of the board. The board
25shall meet not less than four times a year.
264. The board shall have the following duties:
27a. Develop develop and monitor implementation of
28a comprehensive strategic plan to remove barriers for
29underrepresented populations and, in doing so, to increase
30Iowa’s productivity and inclusivity, including performance
31measures and benchmarks.
32b. Approve, disapprove, amend, or modify the budget
33recommended by the department director for the operation of
34the department, subject to the budget requirements pursuant to
35chapter 8.
-236- 1c. Adopt administrative rules pursuant to chapter 17A,
2upon the recommendation of the department director, for the
3operation of the department.
4d. By November 1 of each year, approve the department report
5to the general assembly and the governor that covers activities
6during the preceding fiscal year.
7 Sec. 330. Section 216A.4, subsections 2 and 3, Code 2023,
8are amended to read as follows:
92. “Department” means the department of health and human
10rights services.
113. “Department director” “Director” means the director of
12the department of health and human rights services.
13 Sec. 331. Section 216A.6, subsection 2, paragraph d, Code
142023, is amended to read as follows:
15d. Department, or division, or office evaluations of
16information about a person seeking or receiving advocacy
17services.
18 Sec. 332. Section 216A.7, Code 2023, is amended to read as
19follows:
20216A.7 Access to information.
21Upon request of the director, or an office, a commission,
22or a council, or administrator of a division of the department
23 created under this chapter, all boards, agencies, departments,
24and offices of the state shall make available nonconfidential
25information, records, data, and statistics which are relevant
26to the populations or groups served by the offices, councils,
27and commissions of the department.
28 Sec. 333. Section 216A.11, subsection 2, Code 2023, is
29amended to read as follows:
302. “Office” means the office of Latino affairs of the
31department of human rights.
32 Sec. 334. Section 216A.13, subsection 2, Code 2023, is
33amended to read as follows:
342. Serve as liaison between the department of human rights
35 and the public, sharing information and gathering constituency
-237-1input.
2 Sec. 335. Section 216A.15, subsection 4, Code 2023, is
3amended to read as follows:
44. Recommend to the department director policies and
5programs for the office.
6 Sec. 336. Section 216A.51, subsection 2, Code 2023, is
7amended to read as follows:
82. “Office” means the office on the status of women of the
9department of human rights.
10 Sec. 337. Section 216A.71, subsection 2, Code 2023, is
11amended to read as follows:
122. “Office” means the office of persons with disabilities of
13the department of human rights.
14 Sec. 338. Section 216A.91, Code 2023, is amended to read as
15follows:
16216A.91 Definitions.
17For purposes of this subchapter, unless the context
18otherwise requires:
191. “Administrator” means the administrator of the division
20of community action agencies of the department of human rights.
212. 1. “Commission” means the commission on community action
22agencies.
233. 2. “Community action agency” means a public agency
24or a private nonprofit agency which is authorized under its
25charter or bylaws to receive funds to administer community
26action programs and is designated by the governor to receive
27and administer the funds.
284. 3. “Community action program” means a program conducted
29by a community action agency which includes projects to provide
30a range of services to improve the conditions of poverty in the
31area served by the community action agency.
325. “Delegate agency” means a subgrantee or contractor
33selected by the community action agency.
346. “Division” means the division of community action
35agencies of the department of human rights.
-238-1 Sec. 339. Section 216A.92, Code 2023, is amended to read as
2follows:
3216A.92 Division of community Community action agencies.
41. The division of community action agencies is
5established. The purpose of the division of community action
6agencies is to The department shall strengthen, supplement,
7and coordinate efforts to develop the full potential of each
8citizen by recognizing certain community action agencies and
9supporting certain community-based programs delivered by
10community action agencies.
112. The division department shall do all of the following:
12a. Provide financial assistance for community action
13agencies to implement community action programs, as permitted
14by the community service block grant and subject to the funding
15made available for the program.
16b. Administer the community services block grant, the
17low-income energy assistance block grants, department of energy
18funds for weatherization, and other possible funding sources.
19If a political subdivision is the community action agency,
20the financial assistance shall be allocated to the political
21subdivision.
22c. Implement accountability measures for its programs and
23require regular reporting on the measures by the community
24action agencies.
25d. Issue an annual report to the governor and general
26assembly by July 1 of each year.
27 Sec. 340. Section 216A.92B, subsections 1 and 3, Code 2023,
28are amended to read as follows:
291. Recommend to the board the adoption of rules pursuant
30to chapter 17A as it deems necessary for the commission and
31division department.
323. Serve as liaisons between the division department and the
33public, sharing information and gathering constituency input.
34 Sec. 341. Section 216A.93, Code 2023, is amended to read as
35follows:
-239- 1216A.93 Establishment of community action agencies.
2The division department shall recognize and assist in the
3designation of certain community action agencies to assist in
4the delivery of community action programs. These programs
5shall include but not be limited to outreach, community
6services block grant, low-income energy assistance, and
7weatherization programs. If a community action agency is in
8effect and currently serving an area, that community action
9agency shall become the designated community action agency
10for that area. If any geographic area of the state ceases
11to be served by a designated community action agency, the
12division department may solicit applications and assist the
13governor in designating a community action agency for that
14area in accordance with current community services block grant
15requirements.
16 Sec. 342. Section 216A.98, Code 2023, is amended to read as
17follows:
18216A.98 Audit.
19Each community action agency shall be audited annually but
20shall not be required to obtain a duplicate audit to meet the
21requirements of this section. In lieu of an audit by the
22auditor of state, the community action agency may contract with
23or employ a certified public accountant to conduct the audit,
24pursuant to the applicable terms and conditions prescribed by
25sections 11.6, 11.14, and 11.19 and an audit format prescribed
26by the auditor of state. Copies of each audit shall be
27furnished to the division department in a manner prescribed by
28the division department.
29 Sec. 343. Section 216A.99, subsection 1, Code 2023, is
30amended to read as follows:
311. The administrator department shall provide financial
32assistance for community action agencies to implement community
33action programs, as permitted by the community service block
34grant, administer the low-income energy assistance block
35grants, department of energy funds for weatherization received
-240-1in Iowa, and other possible funding sources.
2 Sec. 344. Section 216A.102, subsection 3, Code 2023, is
3amended to read as follows:
43. Under rules developed adopted by the division of
5community action agencies of the department of human rights
6and adopted by the board, the fund may be used to negotiate
7reconnection of essential utility services with the energy
8provider.
9 Sec. 345. Section 216A.104, subsection 1, Code 2023, is
10amended to read as follows:
111. The general assembly finds that provision of assistance
12to prevent utility disconnections will also prevent the
13development of public health risks due to such disconnections.
14The division department shall establish an energy utility
15assessment and resolution program administered by each
16community action agency for persons with low incomes who have
17or need a deferred payment agreement or are in need of an
18emergency fuel delivery to address home energy utility costs.
19 Sec. 346. Section 216A.104, subsection 2, paragraphs b and
20f, Code 2023, are amended to read as follows:
21b. The person is a residential customer of an energy utility
22approved for the program by the division department.
23f. The person complies with other eligibility requirements
24adopted in rules by the division department.
25 Sec. 347. Section 216A.107, subsection 1, Code 2023, is
26amended to read as follows:
271. A family development and self-sufficiency council is
28established within the department of human rights. The council
29shall consist of the following persons:
30a. The director of the department of human services or the
31director’s designee.
32b. The director of the department of public health or the
33director’s designee.
34c. The administrator of the division of community
35action agencies of the department of human rights or the
-241-1administrator’s designee.
2d. b. The director of the school of social work at the
3university of Iowa or the director’s designee.
4e. c. The dean of the college of human sciences at Iowa
5state university or the dean’s designee.
6f. d. Two recipients or former recipients of the family
7investment program, selected by the other members of the
8council.
9g. e. One recipient or former recipient of the family
10investment program who is a member of a racial or ethnic
11minority, selected by the other members of the council.
12h. f. One member representing providers of services to
13victims of domestic violence, selected by the other members of
14the council.
15i. g. The head of the department of design, textiles,
16gerontology, and family studies at the university of northern
17Iowa or that person’s designee.
18j. h. The director of the department of education or the
19director’s designee.
20k. i. The director of the department of workforce
21development or the director’s designee.
22l. j. Two persons representing the business community,
23selected by the other members of the council.
24m. k. Two members from each chamber of the general
25assembly serving as ex officio, nonvoting members. The two
26members of the senate shall be appointed one each by the
27majority leader and the minority leader of the senate. The two
28members of the house of representatives shall be appointed one
29each by the speaker and the minority leader of the house of
30representatives.
31 Sec. 348. Section 216A.107, subsection 3, paragraph c,
32subparagraphs (1) and (3), Code 2023, are amended to read as
33follows:
34(1) Designation of families to be served that meet one or
35more criteria for being at risk of dependency on the family
-242-1investment program or of family instability, and agreement
2to serve clients that are referred by the department of
3human services from the family investment program which
4meet the criteria. The criteria may include but are not
5limited to factors such as educational level, work history,
6family structure, age of the youngest child in the family,
7previous length of stay on the family investment program, and
8participation in the family investment program or the foster
9care program while the head of a household was a child. Grant
10proposals shall also establish the number of families to be
11served under the grant.
12(3) Designation of the manner in which other needs of the
13families will be provided for, including but not limited to
14child care assistance, transportation, substance abuse use
15disorder treatment, support group counseling, food, clothing,
16and housing.
17 Sec. 349. Section 216A.107, subsection 4, Code 2023, is
18amended to read as follows:
194. a. The division department shall administer the family
20development and self-sufficiency grant program. The department
21of human services shall disclose to the division confidential
22information pertaining to individuals receiving services under
23the grant program, as authorized under section 217.30. The
24division and the department of human services shall share
25information and data necessary for tracking performance
26measures of the family development and self-sufficiency grant
27program, for referring families participating in the promoting
28independence and self-sufficiency through employment job
29opportunities and basic skills (PROMISE JOBS) program under
30section 239B.17 and related activities and programs to the
31grant program, and for meeting federal reporting requirements.
32The division and the department of human services may by mutual
33agreement, as specified in the memorandum of agreement entered
34into in accordance with paragraph “b”, add to or delete from
35the initial shared information items listed in this lettered
-243-1paragraph. The initial shared information shall include but is
2not limited to all of the following:
3(1) Family enrollments and exits to and from each of the
4programs.
5(2) Monthly reports of individual participant activity in
6PROMISE JOBS components that are countable work activities
7according to federal guidelines applicable to those components.
8(3) Aggregate grant program participant activity in all
9PROMISE JOBS program components.
10(4) Work participation rates for grant program participants
11who were active family investment program participants.
12(5) The average hourly wage of grant program participants
13who left the family investment program.
14(6) The percentage of grant program participants who exited
15from the grant program at or after the time family investment
16program participation ended and did not reenroll in the family
17investment program for at least one year.
18b. The division shall develop a memorandum of agreement
19with the department of human services to share outcome data and
20coordinate referrals and delivery of services to participants
21in the family investment program under chapter 239B and the
22grant program and other shared clients and shall provide the
23department of human services with information necessary for
24compliance with federal temporary assistance for needy families
25block grant state plan and reporting requirements, including
26but not limited to financial and data reports.
27c. b. To the extent that the family development and
28self-sufficiency grant program is funded by the federal
29temporary assistance for needy families block grant and by the
30state maintenance of efforts funds appropriated in connection
31with the block grant, the division department shall comply with
32all federal requirements for the block grant. The division
33 department is responsible for payment of any federal penalty
34imposed that is attributable to the grant program and shall
35receive any federal bonus payment attributable to the grant
-244-1program.
2d. c. The division department shall ensure that
3expenditures of moneys appropriated to the department of human
4services from the general fund of the state for the family
5development and self-sufficiency grant program are eligible to
6be considered as state maintenance of effort expenditures under
7federal temporary assistance for needy families block grant
8requirements.
9e. d. The commission department shall consider the
10recommendations of the council in adopting rules pertaining to
11the grant program.
12f. e. The division department shall submit to the governor
13and general assembly on or before November 30 following the
14end of each state fiscal year, a report detailing performance
15measure and outcome data evaluating the family development and
16self-sufficiency grant program for the fiscal year that just
17ended.
18 Sec. 350. Section 216A.111, subsection 2, Code 2023, is
19amended to read as follows:
202. “Office” means the office of deaf services of the
21department of human rights.
22 Sec. 351. Section 216A.131, Code 2023, is amended to read
23as follows:
24216A.131 Definitions.
25For the purpose of this subchapter, unless the context
26otherwise requires:
271. “Administrator” means the administrator of the division
28of criminal and juvenile justice planning.
292. 1. “Board” means the justice advisory board.
303. 2. “Department” means the department of health and human
31rights services.
324. “Division” means the division of criminal and juvenile
33justice planning.
34 Sec. 352. Section 216A.131A, Code 2023, is amended to read
35as follows:
-245- 1216A.131A Division of criminal Criminal and juvenile justice
2planning.
3The division of criminal and juvenile justice planning is
4established to department shall fulfill the responsibilities
5of this subchapter, including the duties specified in sections
6216A.135, 216A.136, 216A.137, 216A.138, and 216A.140.
7 Sec. 353. Section 216A.132, subsection 1, paragraph b, Code
82023, is amended to read as follows:
9b. Additional voting members of the board, each serving a
10four-year term, shall include one representative from each of
11the following:
12(1) The Iowa coalition against sexual assault.
13(2) The American civil liberties union of Iowa.
14(3) The Iowa county attorneys association.
15(4) The department of health and human services.
16(5) The department of corrections.
17(6) A judicial district department of correctional
18services.
19(7) The department of public safety.
20(8) The office on the status of African Americans.
21(9) The department of public health.
22(10) (8) The board of parole.
23(11) (9) The department of justice.
24(12) (10) The state public defender.
25(13) (11) The governor’s office of drug control policy.
26 Sec. 354. Section 216A.132, subsection 3, Code 2023, is
27amended to read as follows:
283. Members of the board shall receive reimbursement
29from the state for actual and necessary expenses incurred
30in the performance of their official duties and may also
31be eligible to receive compensation as provided in section
327E.6. All expense moneys paid to nonlegislative members shall
33be paid from funds appropriated to the division department.
34Legislative members shall receive compensation as provided in
35sections 2.10 and 2.12.
-246-1 Sec. 355. Section 216A.133, subsection 2, Code 2023, is
2amended to read as follows:
32. The board shall advise the division department on its
4administration of state and federal grants and appropriations
5and shall carry out other functions consistent with this
6subchapter.
7 Sec. 356. Section 216A.133, subsection 3, paragraphs i, j,
8k, l, and r, Code 2023, are amended to read as follows:
9i. Providing input to the department director in the
10development of budget recommendations for the division
11 department.
12j. Coordinating with the administrator to develop and
13make Developing and making recommendations to the department
14 director pursuant to section 216A.2.
15k. Serving as a liaison between the division department
16 and the public, sharing information and gathering constituency
17input.
18l. Recommending to the department the adoption of rules
19pursuant to chapter 17A as it deems necessary for the board and
20division department.
21r. Reviewing data supplied by the division department, the
22department of management, the legislative services agency, the
23Iowa supreme court, and other departments or agencies for the
24purpose of determining the effectiveness and efficiency of the
25collection of such data.
26 Sec. 357. Section 216A.136, unnumbered paragraph 1, Code
272023, is amended to read as follows:
28The division department shall maintain an Iowa statistical
29analysis center for the purpose of coordinating with data
30resource agencies to provide data and analytical information to
31federal, state, and local governments, and assist agencies in
32the use of criminal and juvenile justice data. Notwithstanding
33any other provision of state law, unless prohibited by federal
34law or regulation, the division department shall be granted
35access, for purposes of research and evaluation, to criminal
-247-1history records, official juvenile court records, juvenile
2court social records, and any other data collected or under
3control of the board of parole, department of corrections,
4department of workforce development, district departments of
5correctional services, department of human services, judicial
6branch, and department of public safety. However, intelligence
7data and peace officer investigative reports maintained by the
8department of public safety shall not be considered data for
9the purposes of this section. Any record, data, or information
10obtained by the division department under this section and
11the division department itself is subject to the federal and
12state confidentiality laws and regulations which are applicable
13to the original record, data, or information obtained by the
14division department and to the original custodian of the
15record, data, or information. The access shall include but is
16not limited to all of the following:
17 Sec. 358. Section 216A.137, Code 2023, is amended to read
18as follows:
19216A.137 Correctional policy project.
201. The division department shall maintain an Iowa
21correctional policy project for the purpose of conducting
22analyses of major correctional issues affecting the criminal
23and juvenile justice system. The board shall identify and
24prioritize the issues and studies to be addressed by the
25division department through this project and shall report
26project plans and findings annually along with the report
27required in section 216A.135. Issues and studies to be
28considered by the board shall include but are not limited
29to a review of the information systems available to assess
30corrections trends and program effectiveness, the development
31of an evaluation plan for assessing the impact of corrections
32expenditures, and a study of the desirability and feasibility
33of changing the state’s sentencing practices, which includes
34a prison population forecast.
352. The division department may form subcommittees for the
-248-1purpose of addressing major correctional issues affecting the
2criminal and juvenile justice system. The division department
3 shall establish a subcommittee to address issues specifically
4affecting the juvenile justice system.
5 Sec. 359. Section 216A.138, subsections 1, 2, 4, and 7, Code
62023, are amended to read as follows:
71. The division department shall coordinate the development
8of a multiagency database to track the progress of juveniles
9through various state and local agencies and programs. The
10division department shall develop a plan which utilizes
11existing databases, including the Iowa court information
12system, the federally mandated national adoption and foster
13care information system, and the other state and local
14databases pertaining to juveniles, to the extent possible.
152. The department of human services, department of
16 corrections, judicial branch, department of public safety,
17department of education, local school districts, and other
18state agencies and political subdivisions shall cooperate with
19the division department in the development of the plan.
204. The division department shall develop the plan within
21the context of existing federal privacy and confidentiality
22requirements. The plan shall build upon existing resources and
23facilities to the extent possible.
247. If the division department has insufficient funds and
25resources to implement this section, the division department
26 shall determine what, if any, portion of this section may be
27implemented, and the remainder of this section shall not apply.
28 Sec. 360. Section 216A.140, subsection 5, Code 2023, is
29amended to read as follows:
305. Membership. The youth development council membership
31shall be determined by the council itself and shall include the
32directors or chief administrators, or their designees, from the
33following state agencies and programs:
34a. Child advocacy board.
35b. Iowa commission on volunteer service in the office of
-249-1the governor.
2c. b. Department of education.
3d. Department of human rights.
4e. Department of human services.
5f. c. Department of public health and human services.
6g. d. Department of workforce development.
7h. e. Governor’s office of drug control policy.
8i. f. Iowa cooperative extension service in agriculture and
9home economics.
10j. Early childhood Iowa office in the department of
11management.
12 Sec. 361. Section 216A.140, subsection 8, paragraphs b and
13c, Code 2023, are amended to read as follows:
14b. The youth advisory council shall consist of no more
15than twenty-one youth ages fourteen through twenty years who
16reside in Iowa. Membership shall be for two-year staggered
17terms. The department director, or the director’s designee,
18 shall select council members using an application process. The
19department director or the director’s designee shall strive
20to maintain a diverse council membership and shall take into
21consideration race, ethnicity, disabilities, gender, and
22geographic location of residence of the applicants.
23c. Except as otherwise provided by law, the youth advisory
24council shall determine its own rules of procedure and
25operating policies, subject to approval by the department
26 director or the director’s designee.
27 Sec. 362. Section 216A.141, subsection 2, Code 2023, is
28amended to read as follows:
292. “Office” means the office on the status of African
30Americans of the department of human rights.
31 Sec. 363. Section 216A.151, subsection 3, Code 2023, is
32amended to read as follows:
333. “Office” means the office of Asian and Pacific Islander
34affairs of the department of human rights.
35 Sec. 364. Section 216A.161, subsection 2, Code 2023, is
-250-1amended to read as follows:
22. “Office” means the office of Native American affairs of
3the department of human rights.
4 Sec. 365. Section 216D.2, subsection 2, Code 2023, is
5amended to read as follows:
62. “Public office building” means the state capitol, all
7county courthouses, all city halls, and all buildings used
8primarily for governmental offices of the state or any county
9or city. It does not include public schools or buildings
10at institutions of the state board of regents or the state
11 department of health and human services.
12 Sec. 366. NEW SECTION. 217.01 Definitions.
13As used in this chapter, unless the context otherwise
14requires:
151. “Council” means the council on health and human services.
162. “Department” means the department of health and human
17services.
183. “Director” means the director of health and human
19services.
20 Sec. 367. Section 217.1, Code 2023, is amended to read as
21follows:
22217.1 Programs of department.
23There is established a department of health and human
24services to administer programs designed to protect and improve
25the health, well-being, and productivity of the people of
26the state of Iowa. The department shall concern itself with
27the problems of human behavior, adjustment, and daily living
28through the administration of programs of family, child, and
29adult welfare, economic assistance including costs of medical
30care, rehabilitation toward self-care and support, delinquency
31prevention and control, treatment and rehabilitation of
32juvenile offenders, care and treatment of persons with mental
33illness or an intellectual disability, public health, and other
34related programs as provided by law.
35 Sec. 368. Section 217.2, Code 2023, is amended to read as
-251-1follows:
2217.2 Council on health and human services.
31. a. There is created within the department of human
4services a council on health and human services which shall
5act in a policymaking and advisory capacity on matters within
6the jurisdiction of the department. The council shall consist
7of seven nine voting members appointed by the governor subject
8to confirmation by the senate. Appointments shall be made
9on the basis of interest in public affairs, good judgment,
10and knowledge and ability in the field of health and human
11services. Appointments shall be made to provide a diversity of
12interest and point of view in the membership and without regard
13to religious opinions or affiliations. The voting members of
14the council shall serve for six-year staggered terms.
15b. Each term of a voting member shall commence and end as
16provided by section 69.19.
17c. All voting members of the council shall be electors
18of the state of Iowa. No more than four five members shall
19belong to the same political party and no more than two three
20 members shall, at the time of appointment, reside in the same
21congressional district. At least one member of the council
22shall be a member of a county board of supervisors at the time
23of appointment to the council. At least one member of the
24council shall be a physician licensed to practice medicine in
25Iowa. Vacancies occurring during a term of office shall be
26filled in the same manner as the original appointment for the
27balance of the unexpired term subject to confirmation by the
28senate.
292. In addition to the voting members described in subsection
301, the membership of the council shall include four legislators
31as ex officio, nonvoting members. The four legislators shall
32be appointed one each by the majority leader of the senate,
33the minority leader of the senate, the speaker of the house
34of representatives, and the minority leader of the house of
35representatives for terms as provided in section 69.16B.
-252-1 Sec. 369. Section 217.3, Code 2023, is amended to read as
2follows:
3217.3 Duties of council.
4The council on human services shall:
51. Organize annually and select a chairperson and vice
6chairperson.
72. Adopt and establish policy for the operation and
8conduct of the department of human services, subject to any
9guidelines which may be adopted by the general assembly, and
10the implementation of all services and programs thereunder
11 administered by the department.
123. Report immediately to the governor any failure by the
13director or any administrator of the department of human
14services to carry out any of the policy decisions or directives
15of the council.
164. Approve the budget of the department of human services
17 prior to submission to the governor. Prior to approval of the
18budget, the council shall publicize and hold a public hearing
19to provide explanations and hear questions, opinions, and
20suggestions regarding the budget. Invitations to the hearing
21shall be extended to the governor, the governor-elect, the
22director of the department of management, and other persons
23deemed by the council as integral to the budget process. The
24budget materials submitted to the governor shall include a
25review of options for revising the medical assistance program
26made available by federal action or by actions implemented
27by other states as identified by the department, the medical
28assistance advisory council created in section 249A.4B, and
29by county representatives. The review shall address what
30potential revisions could be made in this state and how the
31changes would be beneficial to Iowans.
325. Insure that all programs administered or services
33rendered by the department directly to any citizen or through
34a local agency to any citizen are coordinated and integrated
35so that any citizen does not receive a duplication of services
-253-1from various departments or local agencies that could be
2rendered by one department or local agency. If the council
3finds that such is not the case, it shall hear and determine
4which department or local agency shall provide the needed
5service or services and enter an order of their determination
6by resolution of the council which must be concurred in by
7at least a majority of the members. Thereafter such order
8or resolution of the council shall be obeyed by all state
9departments and local agencies to which it is directed.
106. Adopt all necessary rules recommended by the director or
11administrators of divisions hereinafter established department
12 prior to their promulgation pursuant to chapter 17A.
137. Approve the establishment of any new division or
14reorganization, consolidation or abolition of any established
15division prior to the same becoming effective.
168. 7. Recommend to the governor the names of individuals
17qualified for the position of director of human services when a
18vacancy exists in the office.
19 Sec. 370. Section 217.3A, Code 2023, is amended to read as
20follows:
21217.3A Advisory committees.
221. General. The council on human services shall establish
23and utilize the advisory committee identified in this section
24 and may establish and utilize other ad hoc advisory committees
25as determined necessary to advise the council. The council
26shall establish appointment provisions, membership terms,
27operating guidelines, and other operational requirements for
28committees established pursuant to this section.
292. Child abuse prevention. The council shall establish a
30child abuse prevention program advisory committee to support
31the child abuse prevention program implemented in accordance
32with section 235A.1. The duties of the advisory committee
33shall include all of the following:
34a. Advise the director of human services and the
35administrator of the division of the department of human
-254-1services responsible for child and family programs regarding
2expenditures of funds received for the child abuse prevention
3program.
4b. Review the implementation and effectiveness of
5legislation and administrative rules concerning the child abuse
6prevention program.
7c. Recommend changes in legislation and administrative rules
8to the general assembly and the appropriate administrative
9officials.
10d. Require reports from state agencies and other entities as
11necessary to perform its duties.
12e. Receive and review complaints from the public concerning
13the operation and management of the child abuse prevention
14program.
15f. Approve grant proposals.
16 Sec. 371. Section 217.4, Code 2023, is amended to read as
17follows:
18217.4 Meetings of council.
19The council shall meet at least monthly. Additional
20meetings shall be called by the chairperson or upon written
21request of any three council members thereof as necessary to
22carry out the duties of the council. The chairperson shall
23preside at all meetings or in the absence of the chairperson
24the vice chairperson shall preside. The members of the council
25shall be paid a per diem as specified in section 7E.6 and their
26reasonable and necessary expenses.
27 Sec. 372. Section 217.5, Code 2023, is amended to read as
28follows:
29217.5 Director of health and human services.
30The chief administrative officer for the department of human
31services is the director of human services. The director shall
32be appointed by the governor subject to confirmation by the
33senate and shall serve at the pleasure of the governor. The
34governor shall fill a vacancy in this office in the same manner
35as the original appointment was made. The director shall be
-255-1selected primarily for administrative ability. The director
2shall not be selected on the basis of political affiliation
3and shall not engage in political activity while holding this
4position.
5 Sec. 373. NEW SECTION. 217.5A Attorneys — legal counsel
6and advice.
7Notwithstanding section 13.7, the department may employ or
8retain attorneys to provide legal counsel and advice. However,
9section 13.7 shall govern the employment or retention of
10attorneys by the department to represent the department in any
11action or proceeding brought in any court or tribunal.
12 Sec. 374. Section 217.6, Code 2023, is amended to read as
13follows:
14217.6 Rules and regulations — organization of department.
151. The director is hereby authorized to may recommend
16to the council for adoption such rules and regulations as
17are necessary to carry into practice administer the duties,
18functions, and programs of the various divisions and to
19establish such divisions and to assign or reassign duties,
20powers, and responsibilities within the department, all with
21the approval of the council on human services, within the
22department as the director deems necessary and appropriate
23for the proper administration of the duties, functions and
24programs with which the department is charged. Any action
25taken, decision made, or administrative rule adopted by any
26administrator of a division may be reviewed by the director.
27The director, upon such review, may affirm, modify, or reverse
28any such action, decision, or rule.
292. The rules and regulations adopted for the public benefits
30and programs administered by the department of human services
31 shall apply the residency eligibility restrictions required by
32federal and state law.
333. The director shall organize the department of human
34services into divisions subunits as necessary to most
35efficiently carry out in an efficient manner the intent
-256-1of this chapter and any other chapter the department is
2responsible for administering. The department of human
3services may be initially divided into the following divisions
4of responsibility:
5a. The division of child and family services.
6b. The division of mental health and disability services.
7c. The division of administration.
8d. The division of planning, research, and statistics.
94. If the department of human services requires or requests
10a service consumer, service provider, or other person to
11maintain required documentation in electronic form, the
12department shall accept such documentation submitted by
13electronic means and shall not require a physical copy of the
14documentation unless required by state or federal law.
15 Sec. 375. Section 217.13, Code 2023, is amended to read as
16follows:
17217.13 Department to provide certain volunteer services —
18volunteer liability.
191. The department of human services shall establish
20volunteer programs designed to enhance the services provided
21by the department. Roles for volunteers may include but shall
22not be limited to parent aides, friendly visitors, commodity
23distributors, clerical assistants, medical transporters, and
24other functions to complement and supplement the department’s
25work with clients. Roles for volunteers shall include
26conservators and guardians. The department shall adopt rules
27for programs which are established.
282. a. The director shall appoint a coordinator of volunteer
29services to oversee the provision of services of volunteer
30conservators and guardians on a volunteer basis to individuals
31in this state requiring such services. The coordinator,
32after consulting with personnel assigned to the district of
33the department, shall recommend to the director how best to
34serve the needs of individuals in need of the services of a
35guardian or conservator. Where possible, the coordinator shall
-257-1recommend that the services be provided on a multicounty basis.
2b. The coordinator shall cooperate with the administrators
3of the divisions of the department in providing these services
4and shall seek out alternative sources for providing the
5services required under this section.
63. All volunteers registered with the department and
7in compliance with departmental rules are considered state
8employees for purposes of chapter 669. However, this section
9does not except a conservator or guardian from an action
10brought under section 658.1A or 658.3. This section does not
11relieve a guardian or conservator from duties under chapter
12633.
13 Sec. 376. Section 217.18, Code 2023, is amended to read as
14follows:
15217.18 Official seal.
16The department shall have an official seal with the words
17“Iowa Department of Health and Human Services” and such other
18design as the department prescribes engraved thereon on the
19seal. Every commission, order, or other paper of an official
20nature executed by the department may be attested with such the
21 seal.
22 Sec. 377. Section 217.19, Code 2023, is amended to read as
23follows:
24217.19 Expenses.
251. The director of said department, and the director’s
26staff, assistants, and employees shall, in addition to salary,
27receive their necessary traveling expenses by the nearest
28traveled and practicable route, when engaged in the performance
29of official business.
302. The department of administrative services shall work
31with the department of human services to develop and implement
32an expense policy applicable to the members of a board,
33commission, committee, or other body under the auspices of the
34department of human services who meet the income requirements
35for payment of per diem in accordance with section 7E.6,
-258-1subsection 2. The policy shall allow for the payment of
2the member’s expenses to be addressed through use of direct
3billings, travel purchase card, prepaid expenses, or other
4alternative means of addressing the expenses in lieu of
5reimbursement of the member.
6 Sec. 378. Section 217.21, Code 2023, is amended to read as
7follows:
8217.21 Annual report.
9The department shall, annually, at the time provided by law
10make a report to the governor and general assembly, and cover
11therein in the report the annual period ending with June 30
12preceding, which report shall embrace include:
131. An itemized statement of its the department’s
14 expenditures concerning each program under its the department’s
15 administration.
162. Adequate and complete statistical reports for the
17state as a whole concerning all payments made under its the
18department’s administration.
193. Such recommendations as to changes in laws under its the
20department’s administration as the director may deem necessary.
214. The observations and recommendations of the director and
22the council on human services relative to the programs of the
23department.
245. Such other information as the director or council on
25human services may deem deems advisable, or which may be
26requested by the governor or by the general assembly.
27 Sec. 379. Section 217.23, Code 2023, is amended to read as
28follows:
29217.23 Personnel — merit system — reimbursement for damaged
30property.
311. The director of human services or the director’s
32designee, shall employ such personnel as are necessary for the
33performance of the duties and responsibilities assigned to
34the department. All employees shall be selected on a basis
35of fitness for the work to be performed with due regard to
-259-1training and experience and shall be subject to the provisions
2of chapter 8A, subchapter IV.
32. The department may expend moneys from the support
4allocation of the department as reimbursement for replacement
5or repair of personal items of the department’s employees
6damaged or destroyed by clients of the department during the
7employee’s tour of duty. However, the reimbursement shall not
8exceed three hundred dollars for each item. The department
9shall establish rules in accordance with chapter 17A to carry
10out the purpose of this section.
11 Sec. 380. Section 217.24, Code 2023, is amended to read as
12follows:
13217.24 Payment by electronic funds transfer.
14The department of human services shall continue expanding
15the practice of making payments to program participants and
16vendors by means of electronic funds transfer. The department
17shall seek the capacity for making payment by such means for
18all programs administered by the department.
19 Sec. 381. Section 217.32, Code 2023, is amended to read as
20follows:
21217.32 Office space in county.
22Where When the department of human services assigns
23personnel to an office located in a county for the purpose of
24performing in that county designated eligibility for economic
25and medical assistance programs and protective services duties
26and responsibilities assigned by law to the department, it
27shall be the responsibility of the county to provide and
28maintain the necessary office space and office supplies and
29equipment for the personnel so assigned in the same manner as
30if they were employees of the county. The department shall at
31least annually, or more frequently if the department so elects,
32reimburse the county for a portion, designated by law, of the
33cost of maintaining office space and providing supplies and
34equipment as required by this section, and also for a similar
35portion of the cost of providing the necessary office space if
-260-1in order to do so it is necessary for the county to lease office
2space outside the courthouse or any other building owned by the
3county. The portion of the foregoing costs reimbursed to the
4county under this section shall be equivalent to the proportion
5of those costs which the federal government authorizes to be
6paid from available federal funds, unless the general assembly
7directs otherwise when appropriating funds for support of the
8department.
9 Sec. 382. Section 217.33, Code 2023, is amended to read as
10follows:
11217.33 Legal services.
12The director of human services pursuant to a state plan
13funded in part by the federal government may provide services
14for eligible persons by contract with nonprofit legal aid
15organizations.
16 Sec. 383. Section 217.34, Code 2023, is amended to read as
17follows:
18217.34 Debt setoff.
19The investigations division of the department of inspections
20and appeals and the department of human services shall provide
21assistance to set off against a person’s or provider’s income
22tax refund or rebate any debt which has accrued through written
23contract, nonpayment of premiums pursuant to section 249A.3,
24subsection 2, paragraph “a”, subparagraph (1), subrogation,
25departmental recoupment procedures, or court judgment and which
26is in the form of a liquidated sum due and owing the department
27of human services. The department of inspections and appeals,
28with approval of the department of human services, shall adopt
29rules under chapter 17A necessary to assist the department of
30administrative services in the implementation of the setoff
31under section 8A.504 in regard to money owed to the state for
32public assistance overpayments or nonpayment of premiums as
33specified in this section. The department of human services
34 shall adopt rules under chapter 17A necessary to assist the
35department of administrative services in the implementation of
-261-1the setoff under section 8A.504, in regard to collections by
2the child support recovery unit services and the foster care
3recovery unit services.
4 Sec. 384. Section 217.35, Code 2023, is amended to read as
5follows:
6217.35 Fraud and recoupment activities.
7Notwithstanding the requirement for deposit of recovered
8moneys under section 239B.14, recovered moneys generated
9through fraud and recoupment activities are appropriated to
10the department of human services to be used for additional
11fraud and recoupment activities performed by the department of
12human services or the department of inspections and appeals.
13The department of human services may use the recovered
14moneys appropriated to add not more than five full-time
15equivalent positions, in addition to those funded by annual
16appropriations. The appropriation of the recovered moneys is
17subject to both of the following conditions:
181. The director of human services determines that the
19investment can reasonably be expected to increase recovery of
20assistance paid in error, due to fraudulent or nonfraudulent
21actions, in excess of the amount recovered in the previous
22fiscal year.
232. The amount expended for the additional fraud and
24recoupment activities shall not exceed the amount of the
25projected increase in assistance recovered.
26 Sec. 385. Section 217.36, Code 2023, is amended to read as
27follows:
28217.36 Distribution of earned income tax credit information.
291. The department shall ensure that educational materials
30relating to the federal and state earned income tax credits
31are provided in accordance with this section to each household
32receiving assistance or benefits under:
33a. The hawk-i Hawki program under chapter 514I.
34b. The family investment program under chapter 239B.
35c. The medical assistance Act program under chapter 249A.
-262- 1d. The food programs defined in section 234.1 which are
2administered by the department.
3e. Any other appropriate programs administered by, or under
4the oversight of, the department of human services.
52. The department shall, by mail or through the internet,
6provide a household described in subsection 1 with access to:
7a. Internal revenue service publications relating to the
8federal earned income tax credit.
9b. Department of revenue publications relating to the state
10earned income tax credit.
11c. Information prepared by tax preparers who provide
12volunteer or free federal or state income tax preparation
13services to low-income and other eligible persons and who are
14located in close geographic proximity to the person.
153. In January of each year, the department or a
16representative of the department shall mail to each household
17described in subsection 1 information about the federal and
18state earned income tax credit that provides the household with
19referrals to the resources described in subsection 2.
204. The mailings required by the department under this
21section do not have to be made as a separate mailing but may
22be included in existing mailings being made to the appropriate
23households.
24 Sec. 386. Section 217.40, Code 2023, is amended to read as
25follows:
26217.40 Training for guardians and conservators.
27The department of human services, or a person designated
28by the director, shall establish training programs designed
29to assist all duly appointed guardians and conservators in
30understanding their fiduciary duties and liabilities, the
31special needs of the ward, and how to best serve the ward and
32the ward’s interests.
33 Sec. 387. Section 217.41, Code 2023, is amended to read as
34follows:
35217.41 Refugee services foundation.
-263- 11. The department of human services shall cause a refugee
2services foundation to be created for the sole purpose of
3engaging in refugee resettlement activities to promote the
4welfare and self-sufficiency of refugees who live in Iowa and
5who are not citizens of the United States. The foundation may
6establish an endowment fund to assist in the financing of its
7activities. The foundation shall be incorporated under chapter
8504.
92. The foundation shall be created in a manner so that
10donations and bequests to the foundation qualify as tax
11deductible under federal and state income tax laws. The
12foundation is not a state agency and shall not exercise
13sovereign power of the state. The state is not liable for any
14debts of the foundation.
153. The refugee services foundation shall have a board
16of directors of five members. One member shall be appointed
17by the governor and four members shall be appointed by the
18director of human services. Members of the board shall serve
19three-year terms beginning on July 1, and ending on June 30. A
20vacancy on the board shall be filled in the same manner as the
21original appointment for the remainder of the term. Not more
22than two members appointed by the director of human services
23 shall be of the same gender or of the same political party.
244. The refugee services foundation may accept and
25administer trusts deemed by the board to be beneficial.
26Notwithstanding section 633.63, the foundation may act as
27trustee of such a trust.
28 Sec. 388. Section 217.41B, subsection 1, Code 2023, is
29amended to read as follows:
301. The department of human services shall discontinue the
31Medicaid family planning network waiver effective July 1, 2017,
32and shall instead establish a state family planning services
33program. The state program shall replicate the eligibility
34requirements and other provisions included in the Medicaid
35family planning network waiver as approved by the centers for
-264-1Medicare and Medicaid services of the United States department
2of health and human services in effect on June 30, 2017.
3 Sec. 389. Section 217.41B, subsection 3, paragraph a,
4subparagraph (2), Code 2023, is amended to read as follows:
5(2) The department of human services shall adopt rules
6pursuant to chapter 17A to require that as a condition of
7eligibility as a provider under the family planning services
8program, each distinct location of a nonprofit health care
9delivery system shall enroll in the program as a separate
10provider, be assigned a distinct provider identification
11number, and complete an attestation that abortions are not
12performed at the distinct location.
13 Sec. 390. Section 217.41C, subsection 1, paragraph a, Code
142023, is amended to read as follows:
15a. The department of human services shall create the more
16options for maternal support program, a statewide program to
17promote healthy pregnancies and childbirth through nonprofit
18organizations that provide pregnancy support services.
19 Sec. 391. Section 217.41C, subsection 3, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21The department of human services shall issue a request for
22proposals to select a program administrator for the program.
23A program administrator shall meet all of the following
24requirements:
25 Sec. 392. Section 217.41C, subsections 5 and 6, Code 2023,
26are amended to read as follows:
275. The department of human services shall publish the
28program administrator and subcontractor criteria on the
29department’s internet site.
306. The department of human services shall adopt rules
31pursuant to chapter 17A to administer the program, and shall
32provide technical assistance to the program administrator,
33monitor the program administrator for adherence to state and
34federal requirements, and collect and maintain program data.
35 Sec. 393. Section 217.41C, subsection 7, unnumbered
-265-1paragraph 1, Code 2023, is amended to read as follows:
2Beginning October 1, 2023, and on or before October
31 annually thereafter, the department of human services
4 shall submit to the general assembly the following program
5information relative to the prior fiscal year:
6 Sec. 394. Section 217.42, Code 2023, is amended to read as
7follows:
8217.42 Service areas — County offices.
91. The organizational structure to deliver the department’s
10field services shall be based upon service areas designated by
11the department. The service areas shall serve as a basis for
12providing field services to persons residing in the counties
13comprising the service area.
142. 1. The department shall maintain an office in each
15county. Based on the annual appropriations for field
16operations, the department shall strive to maintain a full-time
17presence in each county. If it is not possible to maintain a
18full-time presence in each county, the department shall provide
19staff based on its caseweight system to assure the provision of
20services. The department shall consult with the county boards
21of supervisors of those counties regarding staffing prior to
22any modification of office hours.
233. 2. A county or group of counties may voluntarily enter
24into a chapter 28E agreement with the department to provide
25funding or staff persons to deliver field services in county
26offices. The agreement shall cover the full fiscal year but
27may be revised by mutual consent.
28 Sec. 395. Section 217.43, Code 2023, is amended to read as
29follows:
30217.43 Service area County advisory boards — location of
31county offices.
321. a. The department shall establish a service area one
33or more advisory board in each service area boards. Each of
34the county boards of supervisors of the counties comprising
35the service area shall appoint two service area advisory board
-266-1members. All of the following requirements apply to the
2appointments made by a county board of supervisors:
3(1) The membership shall be appointed in accordance with
4section 69.16, relating to political affiliation, and section
569.16A, relating to gender balance.
6(2) Not more than one of the members shall be a member of
7the board of supervisors.
8(3) Appointments shall be made on the basis of interest in
9maintaining and improving service delivery.
10b. Appointments shall be made a part of the regular
11proceedings of the board of supervisors and shall be filed with
12the county auditor and the service area manager department. A
13vacancy on the board shall be filled in the same manner as the
14original appointment.
15c. The boards of supervisors shall develop and agree to
16other organizational provisions involving the advisory board,
17including reporting requirements.
182. The purpose of the advisory boards is to improve
19communication and coordination between the department and the
20counties and to advise the department regarding maintenance and
21improvement of service delivery in the counties and communities
22comprising the service areas.
233. The department shall determine the community in which
24each county office will be located. The county board of
25supervisors shall determine the location of the office space
26for the county office. The county board of supervisors shall
27make reasonable efforts to collocate the office with other
28state and local government or private entity offices in order
29to maintain the offices in a cost-effective location that is
30convenient to the public.
31 Sec. 396. Section 217.44, Code 2023, is amended to read as
32follows:
33217.44 Service areas Department offices — employee and
34volunteer record checks.
351. The record check evaluation system of the department
-267-1shall conduct criminal and child and dependent adult abuse
2record checks of persons who are potential employees,
3employees, potential volunteers, and volunteers in service area
4 department offices in a position having direct contact with the
5department’s clients. The record checks shall be performed in
6this state and the department record check evaluation system
7 may conduct these checks in other states. If the department
8 record check evaluation system determines that a person has
9been convicted of a crime or has a record of founded child or
10dependent adult abuse, the department record check evaluation
11system shall perform an evaluation to determine whether the
12crime or founded abuse warrants prohibition of the person’s
13employment or participation as a volunteer. The record checks
14and evaluation shall be performed in accordance with procedures
15adopted for this purpose by the department.
162. In an evaluation, the department record check evaluation
17system shall consider the nature and seriousness of the crime
18or founded child or dependent adult abuse in relation to the
19position sought or held, the time elapsed since the commission
20of the crime or founded abuse, the circumstances under which
21the crime or founded abuse was committed, the degree of
22rehabilitation, the likelihood that the person will commit
23the crime or founded abuse again, and the number of crimes or
24founded abuses committed by the person involved.
253. The department record check evaluation system may permit
26a person who is evaluated to be employed or to participate as a
27volunteer if the person complies with the department’s record
28check evaluation system’s conditions relating to employment or
29participation as a volunteer which may include completion of
30additional training.
314. If the department record check evaluation system
32 determines that the person has committed a crime or has a
33record of founded child or dependent adult abuse which warrants
34prohibition of employment or participation as a volunteer, the
35person shall not be employed by or participate as a volunteer
-268-1in a department service area office in a position having direct
2contact with the department’s clients.
3 Sec. 397. Section 217.45, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5A background investigation may be conducted by the
6department of human services on all of the following
7individuals:
8 Sec. 398. Section 218.1, Code 2023, is amended to read as
9follows:
10218.1 Institutions controlled.
11The director of human services shall have the general and
12full authority given under statute to control, manage, direct,
13and operate the following institutions under the director’s
14jurisdiction, and may at the director’s discretion assign
15the powers and authorities given the director by statute to
16any one of the deputy directors, division administrators, or
17officers or employees of the divisions of the department of
18human services a superintendent:
191. Glenwood state resource center.
202. Woodward state resource center.
213. Mental health institute, Cherokee, Iowa.
224. Mental health institute, Independence, Iowa.
235. State training school.
246. Iowa juvenile home.
257. Other facilities not attached to the campus of the main
26institution as program developments require.
27 Sec. 399. Section 218.2, Code 2023, is amended to read as
28follows:
29218.2 Powers of governor — report of abuses.
301. Nothing contained in section 218.1 shall limit the
31general supervisory or examining powers vested in the governor
32by the laws or Constitution of the State of Iowa, or legally
33vested by the governor in any committee appointed by the
34governor.
352. The administrator superintendent to whom primary
-269-1responsibility for a particular institution has been assigned
2shall make reports to the director of human services as are
3 requested by the director and the director shall report, in
4writing, to the governor any abuses found to exist in any of
5the institutions.
6 Sec. 400. Section 218.3, Code 2023, is amended to read as
7follows:
8218.3 Definitions.
9For the purposes of this chapter, unless the context
10otherwise requires:
111. “Administrator” means the person to whom the director
12of human services has assigned power and authority over an
13institution in accordance with section 218.1. “Council” means
14the council on health and human services.
152. “Department” means the department of health and human
16services.
173. “Director” means the director of health and human
18services.
192. 4. “Institution” means an institution listed in section
20218.1.
215. “Resident” means a person committed or admitted to an
22institution and is synonymous with patient, as appropriate to
23the institution.
246. “Superintendent” means the person to whom primary
25responsibility for a particular institution has been assigned.
26 Sec. 401. Section 218.4, Code 2023, is amended to read as
27follows:
28218.4 Recommendation for rules.
291. The administrators of particular institutions department
30 shall recommend to the council on human services for adoption
31such rules not inconsistent with law as they may deem necessary
32for the discharge of their duties, the management of each
33of such the institutions, and the admission, of residents
34thereto and the treatment, care, custody, education and
35discharge of residents. It is made the duty of the particular
-270-1administrators department to establish rules by which danger
2to life and property from fire will be minimized. In the
3discharge of their duties and in the enforcement of their
4rules, they The department may require any of their appointees
5to perform duties in addition to those required by statute.
62. Rules adopted by the council pursuant to chapter 17A
7shall be uniform and shall apply to all institutions under the
8particular administrator and to all other institutions under
9the administrator’s department’s jurisdiction. The primary
10rules for use in institutions where persons with mental illness
11are served shall, unless otherwise indicated, uniformly apply
12to county or private hospitals in which persons with mental
13illness are served, but the rules shall not interfere with
14proper medical treatment administered to patients such persons
15 by competent physicians. Annually, signed copies of the rules
16shall be sent to the superintendent of each institution or
17hospital under the control or supervision of a particular
18administrator. Copies shall also be sent to the clerk of each
19district court, the chairperson of the board of supervisors
20of each county and, as appropriate, to the officer in charge
21of institutions or hospitals caring for persons with mental
22illness in each county who shall be responsible for seeing
23that the rules are posted in each institution or hospital in a
24prominent place. The rules shall be kept current to meet the
25public need and shall be revised and published annually.
263. The state fire marshal shall cause to be made an annual
27inspection of all the institutions listed in section 218.1 and
28shall make provide a written report thereof of each inspection
29 to the particular administrator of the state department of
30human services in control of such institution.
31 Sec. 402. Section 218.5, Code 2023, is amended to read as
32follows:
33218.5 Fire protection contracts.
34The administrators shall have power to department may
35 enter into contracts with the governing body of any city or
-271-1other municipal corporation for the protection from fire of
2any property under the administrators’ department’s primary
3control, located in any municipal corporation or in territory
4contiguous to the municipal corporation, upon terms as may be
5agreed upon.
6 Sec. 403. Section 218.6, Code 2023, is amended to read as
7follows:
8218.6 Transfer of appropriations made to institutions.
91. Notwithstanding section 8.39, subsection 1, without the
10prior written consent and approval of the governor and the
11director of the department of management, the director of human
12services may transfer funds between the appropriations made for
13the institutions, listed as follows:
14a. The state resource centers.
15b. The state mental health institutes.
16c. The state training school.
17d. The civil commitment unit for sexual offenders.
182. The department shall report any transfer made pursuant
19to subsection 1 during a fiscal quarter to the legislative
20services agency within thirty days of the beginning of the
21subsequent fiscal quarter.
22 Sec. 404. Section 218.9, Code 2023, is amended to read as
23follows:
24218.9 Appointment of superintendents.
251. The administrator in charge of an institution, subject to
26the approval of the director of human services, shall appoint
27the superintendent of the institution. The tenure of office of
28a superintendent shall be at the pleasure of the administrator
29 director. The administrator director may transfer a
30superintendent or warden from one institution to another.
312. The superintendent or warden shall have immediate
32custody and control, subject to the orders and policies of the
33administrator in charge of the institution director, of all
34property used in connection with the institution except as
35provided in this chapter.
-272-1 Sec. 405. Section 218.10, Code 2023, is amended to read as
2follows:
3218.10 Subordinate officers and employees.
4The administrator in charge of a particular institution,
5with the consent and approval of the director of human
6services, shall determine the number of subordinate officers
7and employees for the institution. Subject to this chapter,
8the officers and employees shall be appointed and discharged
9by the superintendent or business manager the superintendent’s
10designee pursuant to chapter 8A, subchapter IV. The
11superintendent shall keep, in the record of each subordinate
12officer and employee, the date of employment, the compensation,
13and the date of each discharge, and the reasons for discharge.
14 Sec. 406. Section 218.12, Code 2023, is amended to read as
15follows:
16218.12 Bonds.
17The administrator in charge of any particular institution
18shall require each Each officer and any employee of such
19administrator and of every an institution under the
20administrator’s control who may be charged with the custody
21or control of any money or property belonging to the state to
22give shall provide an official bond, properly conditioned,
23and signed by sufficient sureties in a sum to be fixed by
24the administrator director, which bond shall be approved by
25the administrator director, and filed in the office of the
26secretary of state.
27 Sec. 407. Section 218.13, Code 2023, is amended to read as
28follows:
29218.13 Record checks.
301. For the purposes of this section, unless the context
31otherwise requires:
32a. “Department” means the department of human services.
33b. “Institution” means an institution controlled by the
34department as described in section 218.1.
35c. “Resident” means a person committed or admitted to an
-273-1institution.
22. 1. If a person is being considered for employment
3involving direct responsibility for a resident or with access
4to a resident when the resident is alone, or if a person
5will reside in a facility utilized by an institution, and
6if the person has been convicted of a crime or has a record
7of founded child or dependent adult abuse, the record check
8evaluation system of the department shall perform an evaluation
9to determine whether the crime or founded abuse warrants
10prohibition of employment or residence in the facility. The
11department record check evaluation system shall conduct
12criminal and child and dependent adult abuse record checks of
13the person in this state and may conduct these checks in other
14states. The investigation and evaluation shall be performed
15in accordance with procedures adopted for this purpose by the
16department.
173. 2. If the department record check evaluation system
18 determines that a person, who is employed by an institution
19or resides in a facility utilized by an institution, has
20been convicted of a crime or has a record of founded child
21or dependent adult abuse, the department record check
22evaluation system shall perform an evaluation to determine
23whether prohibition of the person’s employment or residence is
24warranted. The evaluation shall be performed in accordance
25with procedures adopted for this purpose by the department.
264. 3. In an evaluation, the department record check
27evaluation system shall consider the nature and seriousness of
28the crime or founded child or dependent adult abuse in relation
29to the position sought or held, the time elapsed since the
30commission of the crime or founded abuse, the circumstances
31under which the crime or founded abuse was committed, the
32degree of rehabilitation, the likelihood that the person will
33commit the crime or founded abuse again, and the number of
34crimes or founded abuses committed by the person involved.
35The department record check evaluation system may permit
-274-1a person who is evaluated to be employed or reside or to
2continue employment or residence if the person complies with
3the department’s record check evaluation system’s conditions
4relating to employment or residence which may include
5completion of additional training.
65. 4. If the department record check evaluation system
7 determines that the person has committed a crime or has a
8record of founded child or dependent adult abuse which warrants
9prohibition of employment or residence, the person shall not
10be employed by an institution or reside in a facility utilized
11by an institution.
12 Sec. 408. Section 218.14, Code 2023, is amended to read as
13follows:
14218.14 Dwelling of superintendent or other employee.
151. The administrator having control over an institution
16may, with consent of the director of human services, may
17 furnish the superintendent of the institution, in addition
18to salary, with a dwelling or with appropriate quarters in
19lieu of the dwelling, or the administrator may compensate the
20superintendent of the institution in lieu of furnishing a
21dwelling or quarters. If the superintendent of the institution
22is furnished with a dwelling or quarters, either of which is
23owned by the state, the superintendent may also be furnished
24with water, heat, and electricity.
252. The administrator having control over an institution
26 director may furnish assistant superintendents or other
27employees, or both, with a dwelling or with appropriate
28quarters, owned by the state. The assistant superintendent or
29employee, who is so furnished, shall pay rent for the dwelling
30or quarters in an amount to be determined by the superintendent
31of the institution director, which shall be the fair market
32rental value of the dwelling or quarters. If an assistant
33superintendent or employee is furnished with a dwelling or
34quarters, either of which is owned by the state, the assistant
35superintendent or employee may also be furnished with water,
-275-1heat, and electricity. However, the furnishing of these
2utilities shall be considered in determining the fair market
3rental value of the dwelling or quarters.
4 Sec. 409. Section 218.15, Code 2023, is amended to read as
5follows:
6218.15 Salaries — how paid.
7The salaries and wages shall be included in the semimonthly
8payrolls and paid in the same manner as other expenses of the
9several institutions.
10 Sec. 410. Section 218.17, Code 2023, is amended to read as
11follows:
12218.17 Authorized leave.
13Vacations and sick leave with pay as authorized in section
1470A.1 shall only be taken at such times as the superintendent
15or the business manager superintendent’s designee in charge
16of an officer or employee, as the case may be, may direct,
17and only after written authorization by the superintendent or
18business manager the superintendent’s designee, and for the
19number of days specified in the authorization. A copy of the
20authorization shall be attached to the institution’s copy of
21the payroll of the institution, for audit purposes, for the
22period during which the vacation was taken, and the semimonthly
23payroll shall show the number of days the person was absent
24under the authorization.
25 Sec. 411. Section 218.21, Code 2023, is amended to read as
26follows:
27218.21 Record of residents.
28The administrator of the department of human services in
29control of a state institution director shall, as to every
30person committed to any of the institutions, keep the following
31record:
321. Name.
332. Residence.
343. Sex.
354. Age.
-276- 15. Nativity.
26. Occupation.
37. Civil condition.
48. Date of entrance or commitment.
59. Date of discharge.
610. Whether a discharge was final.
711. Condition of the person when discharged.
812. The name of the institutions from which and to which
9such person has been transferred.
1013. If dead deceased, the date and cause of the person’s
11death.
12 Sec. 412. Section 218.22, Code 2023, is amended to read as
13follows:
14218.22 Record privileged.
15Except with the consent of the administrator in charge of an
16institution director, or on an order of a court of record, the
17record provided in section 218.21 shall be accessible only to
18the administrator of the division of the department of human
19services in control of such institution, the director of the
20department of human services and to assistants and proper
21clerks authorized by such administrator or the administrator’s
22 the director. The administrator of the division of such
23institution is authorized to director may permit the division
24of library services of the department of education and the
25historical division of the department of cultural affairs to
26copy or reproduce by any photographic, photostatic, microfilm,
27microcard or other process which accurately reproduces a
28durable medium for reproducing the original and to destroy
29in the manner described by law such records of residents
30designated in section 218.21.
31 Sec. 413. Section 218.23, Code 2023, is amended to read as
32follows:
33218.23 Reports to administrator director.
34The superintendent of an institution shall, within ten
35days after the commitment or entrance of a person to the
-277-1institution, cause a true copy of the person’s entrance record
2to be made and forwarded to the administrator in control of
3the institution director or the director’s designee. When a
4patient or resident leaves, or is discharged, or transferred
5from, or dies in an institution, the superintendent or person
6in charge shall within ten days after that date send the
7information to the office of the institution’s administrator
8 director or the director’s designee on forms which the
9administrator director prescribes.
10 Sec. 414. Section 218.24, Code 2023, is amended to read as
11follows:
12218.24 Questionable commitment.
13The superintendent is required to shall immediately
14notify the administrator in control of the superintendent’s
15particular institution director if there is any question as
16to the propriety of the commitment or detention of any person
17received at such an institution, and said administrator the
18director, upon such notification, shall inquire into the matter
19presented, and take such proper action as may be deemed proper
20in the premises.
21 Sec. 415. Section 218.26, Code 2023, is amended to read as
22follows:
23218.26 Religious worship.
24Any such resident, during the time of the resident’s
25detention, shall be allowed, for at least one hour on each
26Sunday weekly and in times of extreme sickness, and at such
27other suitable and reasonable times as is consistent with the
28resident’s religious belief and proper discipline in said
29 the institution, to receive spiritual advice, instruction,
30and ministration from any recognized member of the clergy of
31the church or denomination which represents the resident’s
32religious belief.
33 Sec. 416. Section 218.27, Code 2023, is amended to read as
34follows:
35218.27 Religious belief of minors.
-278- 1In case such If a resident is a minor and has formed no
2choice, the minor’s preference may, at any time, be expressed
3by the minor with the approval of parents or guardian, if the
4minor has any such a parent or guardian.
5 Sec. 417. Section 218.28, Code 2023, is amended to read as
6follows:
7218.28 Investigation.
8The administrator of the department of human services in
9control of a particular institution or the administrator’s
10authorized officer or employee director or the director’s
11designee shall visit, and minutely examine, at least once in
12six months, and more often if necessary or required by law,
13the institutions under such administrator’s control, and the
14financial condition and management thereof of the institutions.
15 Sec. 418. Section 218.29, Code 2023, is amended to read as
16follows:
17218.29 Scope of investigation.
18The administrator of the department of human services in
19control of a particular institution or the administrator’s
20authorized officer or employee director or the director’s
21designee shall, during such investigation and as far as
22possible, see every resident of each institution, especially
23those admitted since the director’s or the director’s
24designee’s preceding visit, and shall give such residents as
25may require it, suitable opportunity to converse with such
26administrator or authorized officer or employee the director or
27the director’s designee apart from the officers and attendants.
28 Sec. 419. Section 218.30, Code 2023, is amended to read as
29follows:
30218.30 Investigation of other institutions facilities.
31The administrators to whom control of institutions has been
32assigned, or their authorized officers or employees, director
33 may investigate or cause the investigation of charges of abuse,
34neglect, or mismanagement on the part of an officer or employee
35of a private institution facility which is subject to the
-279-1administrator’s particular director’s supervision or control.
2The administrator who has been assigned to have authority over
3the state mental health institutes, or the administrator’s
4authorized officer or employee, director shall also investigate
5or cause the investigation of charges concerning county care
6facilities in which persons with mental illness are served.
7 Sec. 420. Section 218.31, Code 2023, is amended to read as
8follows:
9218.31 Witnesses.
10In aid of any investigation the administrator shall have
11the power to department may summon and compel the attendance
12of witnesses; to examine the witnesses under oath, which the
13administrator shall have power to director or the director’s
14designee may administer; to have access to all books, papers,
15and property material to such investigation; and to order
16the production of any other books or papers material to the
17investigation. Witnesses other than those in the employ of the
18state shall be entitled to the same fees as in civil cases in
19the district court.
20 Sec. 421. Section 218.32, Code 2023, is amended to read as
21follows:
22218.32 Contempt.
23Any person failing or refusing to obey the orders of the
24administrator department issued under section 218.31, or to
25give or produce evidence when required, shall be reported by
26the administrator department to the district court in the
27county where the offense occurs, and shall be dealt with by the
28court as for contempt of court.
29 Sec. 422. Section 218.33, Code 2023, is amended to read as
30follows:
31218.33 Transcript of testimony.
32The particular administrator involved department shall cause
33the testimony taken at such investigation to be transcribed and
34filed in the administrator’s office at the seat of government
35 with the department within ten days after the same testimony
-280-1 is taken, or as soon thereafter as practicable, and when so
2 filed the same testimony shall be open for the inspection of
3any person.
4 Sec. 423. Section 218.41, Code 2023, is amended to read as
5follows:
6218.41 Custody.
7When a resident of an institution is so working outside the
8institution proper, the resident shall be deemed is at all
9times in the actual custody of the head superintendent of the
10institution.
11 Sec. 424. Section 218.42, Code 2023, is amended to read as
12follows:
13218.42 Wages of residents.
14If a resident performs services for the state at an
15institution listed in section 218.1, the administrator in
16control of the institution department shall pay the resident
17a wage in accordance with federal wage and hour requirements.
18However, the wage amount shall not exceed the amount of the
19prevailing wage paid in the state for a like service or its
20equivalent.
21 Sec. 425. Section 218.43, Code 2023, is amended to read as
22follows:
23218.43 Deduction to pay court costs.
24If wages are paid to a resident pursuant to section
25218.42, the administrator in control of an institution listed
26in section 218.1 department may deduct from the wages an
27amount sufficient to pay all or a part of the costs taxed
28to the resident by reason of the resident’s commitment to
29the institution. In such case the amount so deducted shall
30be forwarded to the clerk of the district court or proper
31official.
32 Sec. 426. Section 218.44, Code 2023, is amended to read as
33follows:
34218.44 Wages paid to dependent — deposits.
35If wages are paid to a resident pursuant to section 218.42,
-281-1the administrator in control of an institution listed in
2section 218.1 department may pay all or any part of the wages
3directly to any dependent of the resident. The administrator
4 department may also deposit the wages to the account of the
5resident, or may so deposit part of the wages and allow the
6resident a portion for the resident’s own personal use, or
7may pay to the county of commitment all or any part of the
8resident’s care, treatment, or subsistence while at said the
9 institution from any credit balance accruing to the account of
10the resident.
11 Sec. 427. Section 218.45, Code 2023, is amended to read as
12follows:
13218.45 Conferences.
14Quarterly conferences of the superintendents of the
15institutions shall be held with the administrator in control
16of the institutions director at Des Moines or at institutions
17under the administrator’s director’s jurisdiction, for the
18consideration of all matters relative to the management of
19the institutions. Full minutes of the conferences shall be
20preserved in the records of the administrator department.
21The administrator in control director may cause papers on
22appropriate subjects to be prepared and read presented at the
23conferences.
24 Sec. 428. Section 218.46, Code 2023, is amended to read as
25follows:
26218.46 Scientific investigation.
271. The administrator who is in charge of an institution
28 director shall encourage the scientific investigation, on
29the part of the superintendent and medical staff of the
30institution, as to the most successful methods of institutional
31management and treating treatment of the persons committed to
32the institution. In addition, the administrator department
33 shall procure and furnish to the superintendent and medical
34staff information relative to such management and treatment
35and, from time to time, publish bulletins and reports of
-282-1scientific and clinical work done in that type of institution.
22. The administrators of such state institutions are
3authorized to department may provide services and facilities
4for the scientific observation, rechecking, and treatment of
5persons with mental illness within the state. Application by,
6or on behalf of, any person for such services and facilities
7shall be made to the administrator in charge of the particular
8institution involved and shall be made director on forms
9furnished by such administrator the department. The time and
10place of admission of any person to outpatient or clinical
11services and facilities for scientific observation, rechecking,
12 and treatment and the use of such services and facilities for
13the benefit of persons who have already been hospitalized
14for psychiatric evaluation and appropriate treatment or
15involuntarily hospitalized as seriously mentally ill shall
16be in accordance with rules and regulations adopted by the
17administrator in control of the particular institution involved
18 department.
19 Sec. 429. Section 218.47, Code 2023, is amended to read as
20follows:
21218.47 Monthly report.
22The superintendent or business manager of each institution
23or the superintendent’s designee shall, on the first day of
24each month, account to the administrator in control of the
25particular institution director or the director’s designee for
26all state funds received during the preceding month, and, at
27the same time, remit the accounting to the treasurer of state.
28 Sec. 430. Section 218.48, Code 2023, is amended to read as
29follows:
30218.48 Annual reports.
31The superintendent or business manager of each institution
32or the superintendent’s designee shall make an annual report
33to the administrator in control of the particular institution
34 director and include in the report a detailed and accurate
35inventory of the stock and supplies on hand, and their amount
-283-1and value, under the following headings:
21. Livestock.
32. Farm produce on hand.
43. Vehicles.
54. Agricultural implements.
65. Machinery.
76. Mechanical fixtures.
87. Real estate.
98. Furniture.
109. Bedding in residents’ department.
1110. State property in superintendent’s department.
1211. Clothing.
1312. Dry goods.
1413. Provisions and groceries.
1514. Drugs and medicine.
1615. Fuel.
1716. Library.
1817. All other state property under appropriate headings
19to be determined by the particular administrator involved
20 director.
21 Sec. 431. Section 218.49, Code 2023, is amended to read as
22follows:
23218.49 Contingent fund.
24The administrator in control of an institution director
25 may permit the superintendent or the business manager of
26each institution or the superintendent’s designee to retain
27a stated amount of funds under the superintendent’s or
28business manager’s superintendent’s designee’s supervision
29as a contingent fund for the payment of freight, postage,
30commodities purchased on authority of the particular
31superintendent or business manager involved on a cash basis,
32salaries, and bills granting discount for cash.
33 Sec. 432. Section 218.50, Code 2023, is amended to read as
34follows:
35218.50 Requisition for contingent fund.
-284- 1If necessary, the director of the department of human
2services shall make proper requisition upon the director of
3the department of administrative services for a warrant on the
4state treasurer to secure the said contingent fund for each
5institution.
6 Sec. 433. Section 218.51, Code 2023, is amended to read as
7follows:
8218.51 Monthly reports of contingent fund.
9A monthly report of the status of such the contingent fund
10shall be submitted by the proper officer of said superintendent
11of each institution or the superintendent’s designee to
12the administrator in control of the institution involved
13and such director or the director’s designee in accordance
14with applicable rules as such administrator may establish
15 established by the director.
16 Sec. 434. Section 218.52, Code 2023, is amended to read as
17follows:
18218.52 Supplies — competition.
19The administrator in control of a state institution
20 department shall, in the purchase of supplies, afford all
21reasonable opportunity for competition, and shall give
22preference to local dealers and Iowa producers when such can be
23done without loss to the state.
24 Sec. 435. Section 218.55, Code 2023, is amended to read as
25follows:
26218.55 Purchase from an institution.
27An administrator The department may purchase supplies of
28any institution under the administrator’s control, for use in
29any other institution under the administrator’s control, and
30reasonable payment for the supplies shall be made as in the
31case of other purchases.
32 Sec. 436. Section 218.56, Code 2023, is amended to read as
33follows:
34218.56 Purchase of supplies — vendor warrants.
351. The administrators department shall, from time to time,
-285-1 adopt and make of record rules and regulations governing the
2purchase of all articles and supplies needed at the various
3institutions under their control and the form and verification
4of vouchers for such purchases.
52. The department of human services shall mail vendor
6warrants for the department of corrections.
7 Sec. 437. Section 218.57, Code 2023, is amended to read as
8follows:
9218.57 Combining appropriations.
10The director of the department of administrative services
11may combine the balances carried in all specific appropriations
12into a special account for each institution under the control
13of a particular administrator, except that the support fund for
14each institution shall be carried as a separate account.
15 Sec. 438. Section 218.58, Code 2023, is amended to read as
16follows:
17218.58 Construction, repair, and improvement projects —
18emergencies.
19The department shall work with the department of
20administrative services to accomplish the following
21responsibilities:
221. The department shall prepare and submit to the director
23of the department of management, as provided in section
248.23, a multiyear construction program including estimates of
25the expenditure requirements for the construction, repair,
26or improvement of buildings, grounds, or equipment at the
27institutions listed in section 218.1.
282. The director department shall have plans and
29specifications prepared by the department of administrative
30services for authorized construction, repair, or improvement
31projects costing over the competitive bid threshold in section
3226.3, or as established in section 314.1B. An appropriation
33for a project shall not be expended until the department of
34administrative services has adopted plans and specifications
35and has completed a detailed estimate of the cost of the
-286-1project, prepared under the supervision of a licensed architect
2or licensed professional engineer. Plans and specifications
3shall not be adopted and a project shall not proceed if the
4project would require an expenditure of money in excess of the
5appropriation.
63. The department of administrative services shall comply
7with the competitive bid procedures in chapter 26 to let all
8contracts under chapter 8A, subchapter III, for authorized
9construction, repair, or improvement of departmental buildings,
10grounds, or equipment.
114. If the director of the department of human services
12 and the director of the department of administrative services
13determine that emergency repairs or improvements estimated
14to cost more than the competitive bid threshold in section
1526.3, or as established in section 314.1B are necessary to
16assure the continued operation of a departmental institution,
17the requirements of subsections 2 and 3 for preparation
18of plans and specifications and competitive procurement
19procedures are waived. A determination of necessity for
20waiver by the director of the department of human services
21 and the director of the department of administrative services
22shall be in writing and shall be entered in the project
23record for emergency repairs or improvements. Emergency
24repairs or improvements shall be accomplished using plans and
25specifications and competitive quotation or bid procedures, as
26applicable, to the greatest extent possible, considering the
27necessity for rapid completion of the project. A waiver of
28the requirements of subsections 2 and 3 does not authorize an
29expenditure in excess of an amount otherwise authorized for the
30repair or improvement.
315. A claim for payment relating to a project shall be
32itemized on a voucher form pursuant to section 8A.514,
33certified by the claimant and the architect or engineer
34in charge, and audited and approved by the department of
35administrative services. Upon approval by the department of
-287-1administrative services, the director of the department of
2administrative services shall draw a warrant to be paid by the
3treasurer of state from funds appropriated for the project.
4A partial payment made before completion of the project does
5not constitute final acceptance of the work or a waiver of any
6defect in the work.
76. Subject to the prior approval of the administrator
8in control of a departmental institution director or the
9director’s designee, minor projects costing five thousand
10dollars or less may be authorized and completed by the
11executive head superintendent of the institution through the
12use of day labor. A contract is not required if a minor project
13is to be completed with the use of resident labor.
14 Sec. 439. Section 218.64, Code 2023, is amended to read as
15follows:
16218.64 Investigation of death.
171. For the purposes of this section, unless the context
18otherwise requires, “institution” and “resident” mean the same
19as defined in section 218.13.
202. Upon the death of a resident of an institution,
21the county medical examiner shall conduct a preliminary
22investigation of the death as provided in section 331.802. The
23cost of the preliminary investigation shall be paid by the
24department of human services.
25 Sec. 440. Section 218.65, Code 2023, is amended to read as
26follows:
27218.65 Property of deceased resident.
28The superintendent or business manager of each institution
29 department shall, upon the death of any resident or patient,
30immediately take possession of all property of the deceased
31left at the institution, and deliver the property to the duly
32appointed and qualified representative of the deceased.
33 Sec. 441. Section 218.66, Code 2023, is amended to read as
34follows:
35218.66 Property of small value.
-288- 1If administration be is not granted within one year from
2the date of the death of the decedent, and the value of the
3estate of the decedent is so small as to make the granting
4of administration inadvisable, then delivery of the money
5and other property left by the decedent may be made to the
6surviving spouse and heirs of the decedent.
7 Sec. 442. Section 218.69, Code 2023, is amended to read as
8follows:
9218.69 Permanent record.
10A complete permanent record of the money transmitted to the
11treasurer of state under section 218.68, showing by whom and
12with whom it the money was left, its the amount, the date of
13the death of the owner, the owner’s reputed place of residence
14before the owner became a resident of the institution, the date
15on which it the money was transmitted to the state treasurer,
16and any other facts which may tend to identify the intestate
17and explain the case, shall be kept by the superintendent
18of the institution or business manager, as the case may be
19 department, and a transcript of the record shall be sent to,
20 and kept by, the treasurer of state.
21 Sec. 443. Section 218.70, Code 2023, is amended to read as
22follows:
23218.70 Payment to party entitled.
24Moneys transmitted to the treasurer of state under section
25218.68 shall be paid, at any time within ten years from the
26death of the intestate, to any person who is shown to be
27entitled thereto to the moneys. Payment shall be made from the
28state treasury out of the support fund of such institution in
29the manner provided for the payment of other claims from that
30fund.
31 Sec. 444. Section 218.72, Code 2023, is amended to read as
32follows:
33218.72 Temporary quarters in emergency.
34In case the buildings at any institution under the control of
35an administrator are destroyed or rendered unfit for habitation
-289-1by reason of fire, storms, or other like causes, to such an
2extent that the residents cannot be housed and cared for, the
3administrator director shall make temporary provision for the
4housing and care of the residents at some other place in the
5state. Like provision may be made in case any pestilence
6breaks out among the residents. The reasonable cost of the
7change, including transfer of residents, shall be paid from any
8moneys in the state treasury not otherwise appropriated.
9 Sec. 445. Section 218.78, Code 2023, is amended to read as
10follows:
11218.78 Institutional receipts deposited.
121. All institutional receipts of the department of human
13services, including funds received from client participation
14at the state resource centers under section 222.78 and at the
15state mental health institutes under section 230.20, shall be
16deposited in the general fund except for reimbursements for
17services provided to another institution or state agency, for
18receipts deposited in the revolving farm fund under section
19904.706, for deposits into the medical assistance fund under
20section 249A.11, and for rentals charged to employees or
21others for room, apartment, or house and meals, which shall be
22available to the institutions.
232. If approved by the director of human services, the
24department may use appropriated funds for the granting of
25educational leave.
26 Sec. 446. Section 218.83, Code 2023, is amended to read as
27follows:
28218.83 Administrative improvement.
29The director of human services and the administrators
30assigned to have authority over the institutions shall
31cooperate with any department or agency of the state government
32in any manner, including the exchange of employees, calculated
33to improve administration of the affairs of the institutions.
34 Sec. 447. Section 218.84, Code 2023, is amended to read as
35follows:
-290- 1218.84 Abstracting claims and keeping accounts.
2The director of the department of human services or the
3director’s designee shall have sole charge of abstracting and
4certifying claims for payment and the keeping of a central
5system of accounts in institutions under the director’s
6control.
7 Sec. 448. Section 218.85, Code 2023, is amended to read as
8follows:
9218.85 Uniform system of accounts.
10The director of human services through the administrators in
11control of the institutions department shall install in all the
12institutions the most modern, complete, and uniform system of
13accounts, records, and reports possible. The system shall be
14prescribed by the director of the department of administrative
15services as authorized in section 8A.502, subsection 13, and,
16among other matters, shall clearly show the detailed facts
17relative to the handling and uses of all purchases.
18 Sec. 449. Section 218.86, Code 2023, is amended to read as
19follows:
20218.86 Abstract of claims.
21Vouchers for expenditures other than salaries shall be
22submitted to the director of the department of administrative
23services, who shall prepare in triplicate an abstract of
24claims submitted showing the name of the claimant and the
25institutions and institutional fund on account of which the
26payment is made. The claims and abstracts of claims shall be
27returned to the director of the department of human services
28 where the correctness of the abstracts shall be certified by
29the director. The original abstract shall be delivered to the
30director of the department of administrative services, the
31duplicate to be retained in the office of the director, of the
32department of human services and the triplicate forwarded to
33the proper institution to be retained as a record of claims
34paid.
35 Sec. 450. Section 218.87, Code 2023, is amended to read as
-291-1follows:
2218.87 Warrants issued by director of the department of
3administrative services.
4Upon such certificate the director of the department of
5administrative services shall, if the institution named has
6sufficient funds, issue the director’s warrants upon the state
7treasurer, for the amounts and to the claimants indicated
8thereon on the warrants. The director of the department of
9administrative services shall deliver the warrants thus issued
10to the director of human services department, who will cause
11same the warrants to be transmitted to the payees thereof of
12the warrants.
13 Sec. 451. Section 218.88, Code 2023, is amended to read as
14follows:
15218.88 Institutional payrolls.
16At the close of each pay period, the superintendent or
17business manager of each institution shall prepare and forward
18to the director of human services or the director’s designee a
19semimonthly payroll which shall show the name of each officer
20and employee, the semimonthly pay, time paid for, the amount of
21pay, and any deductions. A substitute shall not be permitted
22to receive compensation in the name of the employee for whom
23the substitute is acting.
24 Sec. 452. Section 218.92, Code 2023, is amended to read as
25follows:
26218.92 Patients Residents with dangerous mental disturbances.
27When a patient in a state resource center for persons with
28an intellectual disability, a state mental health institute,
29or another resident of an institution under the administration
30of the department of human services has become so mentally
31disturbed as to constitute a danger to self, to other patients
32 residents or staff of the institution, or to the public,
33and the institution cannot provide adequate security, the
34administrator in charge of the institution director or the
35director’s designee, with the consent of the director of the
-292-1Iowa department of corrections, may order the patient resident
2 to be transferred to the Iowa medical and classification
3center, if the superintendent of the institution from which
4the patient resident is to be transferred, with the support
5of a majority of the medical staff, recommends the transfer
6in the interest of the patient resident, other patients
7 residents, or the public. If the patient resident transferred
8was hospitalized pursuant to sections 229.6 through 229.15,
9the transfer shall be promptly reported to the court that
10ordered the hospitalization of the patient resident, as
11required by section 229.15, subsection 5. The Iowa medical
12and classification center has the same rights, duties, and
13responsibilities with respect to the patient resident as the
14institution from which the patient resident was transferred
15had while the patient was hospitalized in the institution.
16The cost of the transfer shall be paid from the funds of the
17institution from which the transfer is made.
18 Sec. 453. Section 218.93, Code 2023, is amended to read as
19follows:
20218.93 Consultants for director or administrators department.
21The director of human services or the administrators in
22control of the institutions are authorized to department
23may secure the services of consultants to furnish advice on
24administrative, professional, or technical problems to the
25director or the administrators, their department employees,
26or employees of institutions under their jurisdiction or to
27provide in-service training and instruction for the employees.
28The director and administrators are authorized to department
29may pay the consultants at a rate to be determined by them the
30department from funds under their the department’s control
31or from any institutional funding under their the director’s
32 jurisdiction as the director or administrator may determine.
33 Sec. 454. Section 218.94, Code 2023, is amended to read as
34follows:
35218.94 Director may buy and sell real estate — options.
-293- 11. The director of the department of human services
2shall have full power to may secure options to purchase real
3estate, to acquire and sell real estate, and to grant utility
4easements, for the proper uses of said the institutions.
5Real estate shall be acquired and sold and utility easements
6granted, upon such terms and conditions as the director may
7determine. Upon sale of the real estate, the proceeds shall
8be deposited with the treasurer of state and credited to the
9general fund of the state. There is hereby appropriated from
10the general fund of the state a sum equal to the proceeds so
11 deposited and credited to the general fund of the state to the
12department of human services, which may be used to purchase
13other real estate or for capital improvements upon property
14under the director’s control.
152. The costs incident to securing of options, acquisition
16and sale of real estate and granting of utility easements,
17including but not limited to appraisals, invitations for
18offers, abstracts, and other necessary costs, may be paid
19from moneys appropriated for support and maintenance to the
20institution at which such the real estate is located. Such
21fund costs shall be reimbursed from the proceeds of the sale.
22 Sec. 455. Section 218.95, Code 2023, is amended to read as
23follows:
24218.95 Synonymous terms.
251. For purposes of construing the provisions of this and
26the following subtitles of this title and chapters 904, 913,
27and 914 relating to persons with mental illness and reconciling
28these provisions with other former and present provisions of
29statute, the following terms shall be considered synonymous:
30a. “Mentally ill” and “insane”, except that the
31hospitalization or detention of any person for treatment
32of mental illness shall not constitute a finding or create
33a presumption that the individual is legally insane in the
34absence of a finding of incompetence made pursuant to section
35229.27.
-294- 1b. “Parole” and “convalescent leave”.
2c. “Resident” and “patient”.
3d. “Escape” and “depart without proper authorization”.
4e. “Warrant” and “order of admission”.
5f. “Escapee” and “patient”.
6g. “Sane” and “in good mental health”.
7h. “Commitment” and “admission”.
82. It is hereby declared to be the policy of the general
9assembly that words which have come to have a degrading meaning
10shall not be employed in institutional records having reference
11to persons with various mental conditions and that in all
12records pertaining to persons with various mental conditions
13the less discriminatory of the foregoing synonyms shall be
14employed.
15 Sec. 456. Section 218.96, Code 2023, is amended to read as
16follows:
17218.96 Gifts, grants, and devises, and bequests.
18The director of the department of human services is
19authorized to may accept gifts, grants, devises, or bequests of
20real or personal property from the federal government or any
21source. The director may exercise such powers with reference
22to the property so accepted as may be deemed essential to its
23 the property’s preservation and the purposes for which given,
24granted, devised, or bequeathed.
25 Sec. 457. Section 218.98, Code 2023, is amended to read as
26follows:
27218.98 Canteen maintained.
28The administrators in control of the institutions may
29maintain a A canteen may be maintained at any institution
30under their jurisdiction and control for the sale to persons
31residing in the institution of items including but not limited
32to toilet articles, candy, tobacco products, notions, and other
33sundries, and may provide the necessary facilities, equipment,
34personnel, and merchandise for such sale may be provided. The
35administrators department shall specify what commodities will
-295-1be sold in the canteen. The department may establish and
2maintain a permanent operating fund for each canteen. The fund
3shall consist of the receipts from the sale of commodities at
4the canteen.
5 Sec. 458. Section 218.99, Code 2023, is amended to read as
6follows:
7218.99 Counties to be notified of patients’ personal
8accounts.
9The administrator in control of a state institution shall
10direct the business manager superintendent of each institution
11under the administrator’s jurisdiction which is mentioned
12 facility specified in section 331.424, subsection 1, paragraph
13“a”, subparagraphs (1) and (2), and for which services are paid
14by the county of residence or a mental health and disability
15services region, to shall quarterly inform the county of
16residence of any patient or resident person committed or
17admitted to the facility who has an amount in excess of two
18hundred dollars on account in the patients’ person’s personal
19deposit fund and the amount on deposit. The administrators
20shall direct the business manager to superintendent shall
21 further notify the county of residence at least fifteen days
22before the release of funds in excess of two hundred dollars
23or upon the death of the patient or resident person. If the
24patient or resident person has no residency in this state or
25the person’s residency is unknown, notice shall be made to the
26director of human services and the administrator in control of
27the institution involved department.
28 Sec. 459. Section 218.100, Code 2023, is amended to read as
29follows:
30218.100 Central warehouse and supply depot.
31The department of human services shall establish a fund for
32maintaining and operating a central warehouse as a supply depot
33and distribution facility for surplus government products,
34carload canned goods, paper products, other staples, and such
35other items as determined by the department. The fund shall be
-296-1permanent and shall be composed of the receipts from the sales
2of merchandise, recovery of handling, operating and delivery
3charges of such merchandise, and from the funds contributed by
4the institutions now in a contingent fund being used for this
5purpose. All claims for purchases of merchandise, operating,
6and salary expenses shall be subject to the provisions of
7sections 218.86, 218.87, and 218.88.
8 Sec. 460. Section 221.2, Code 2023, is amended to read as
9follows:
10221.2 Administrator Compact administrator.
11Pursuant to the compact, the administrator of the division
12of mental health and disability services The director of
13the department of health and human services shall be the
14 designate a compact administrator. The compact administrator
15may cooperate with all departments, agencies, and officers of
16this state and its subdivisions in facilitating the proper
17administration of the compact and of any supplementary
18agreement entered into by this state under the compact.
19 Sec. 461. Section 221.4, Code 2023, is amended to read as
20follows:
21221.4 Payments.
22The compact administrator, subject to the approval of the
23director of the department of human services, may make or
24arrange for any payments necessary to discharge any financial
25obligations imposed upon this state by the compact or by any
26supplementary agreement entered into thereunder under the
27compact.
28 Sec. 462. Section 222.1, subsection 2, Code 2023, is amended
29to read as follows:
302. The Glenwood state resource center and the Woodward
31state resource center are established and shall be maintained
32as the state’s regional resource centers for the purpose of
33providing treatment, training, instruction, care, habilitation,
34and support of persons with an intellectual disability or other
35disabilities in this state, and providing facilities, services,
-297-1and other support to the communities located in the region
2being served by a state resource center. In addition, the
3state resource centers are encouraged to serve as a training
4resource for community-based program staff, medical students,
5and other participants in professional education programs. A
6resource center may request the approval of the council on
7human services to change the name of the resource center for
8use in communication with the public, in signage, and in other
9forms of communication.
10 Sec. 463. Section 222.2, Code 2023, is amended to read as
11follows:
12222.2 Definitions.
13When used in this chapter, unless the context otherwise
14requires:
151. “Administrator” means the person assigned by the director
16of human services, in accordance with section 218.1, to control
17the state resource centers.
182. 1. “Auditor” means the county auditor or the auditor’s
19designee.
202. “Council” means the council on health and human services.
213. “Department” means the department of health and human
22services.
234. “Director” means the director of health and human
24services.
254. 5. “Intellectual disability” means the same as defined
26in section 4.1.
275. 6. “Mental health and disability services region” means
28a mental health and disability services region formed in
29accordance with section 331.389.
306. 7. “Regional administrator” means the regional
31administrator of a mental health and disability services
32region, as defined in section 331.388.
337. 8. “Special unit” means a special intellectual
34disability unit established at a state mental health institute
35pursuant to sections 222.88 through 222.91.
-298- 18. 9. “State resource centers” or “resource centers” means
2the Glenwood state resource center and the Woodward state
3resource center.
49. 10. “Superintendents” means the superintendents of the
5state resource centers.
6 Sec. 464. Section 222.3, Code 2023, is amended to read as
7follows:
8222.3 Superintendents.
9The administrator director shall appoint a qualified
10superintendent for each of the resource centers who shall
11receive such salary as the administrator director shall
12determine.
13 Sec. 465. Section 222.4, Code 2023, is amended to read as
14follows:
15222.4 Duties of superintendents.
16The superintendents shall:
171. Perform all duties required by law and by the
18administrator director not inconsistent with law.
192. Oversee and insure individual treatment and professional
20care of each patient in the resource centers.
213. Maintain a full and complete record of the condition of
22each patient in the resource centers.
234. Have custody, control, and management of all patients in
24such manner as deemed best subject to the regulations of the
25administrator department.
26 Sec. 466. Section 222.5, Code 2023, is amended to read as
27follows:
28222.5 Preadmission diagnostic evaluation.
29No A person shall not be eligible for admission to a resource
30center or a special unit until a preadmission diagnostic
31evaluation has been made by a resource center or a special unit
32which confirms or establishes the need for admission.
33 Sec. 467. Section 222.7, Code 2023, is amended to read as
34follows:
35222.7 Transfers.
-299- 1The administrator department may transfer patients from one
2state resource center to the other and may at any time transfer
3patients from the resource centers to the hospitals for persons
4with mental illness, or transfer patients in the resource
5centers to a special unit or vice versa. The administrator
6 department may also transfer patients from a hospital for
7persons with mental illness to a resource center if consent is
8given or obtained as follows:
91. In the case of a patient who entered the hospital for
10persons with mental illness voluntarily, consent is given in
11advance by the patient or, if the patient is a minor or is
12incompetent, the person responsible for the patient.
132. In the case of a patient hospitalized pursuant to
14sections 229.6 through 229.15, the consent of the court which
15hospitalized the patient is obtained in advance, rather than
16afterward as otherwise permitted by section 229.15, subsection
174.
18 Sec. 468. Section 222.8, Code 2023, is amended to read as
19follows:
20222.8 Communications by patients.
21Persons admitted to the resource centers or a special
22unit shall have all reasonable opportunity and facility for
23communication with their friends. Such persons shall be
24permitted to write and send letters, provided the letters
25contain nothing of an offensive character. Letters written by
26any patient to the administrator director or to any state or
27county official shall be forwarded unopened.
28 Sec. 469. Section 222.10, Code 2023, is amended to read as
29follows:
30222.10 Duty of peace officer.
31When any person with an intellectual disability departs
32without proper authority from an institution a facility in
33another state and is found in this state, any peace officer in
34any county in which such patient is found may take and detain
35the patient without warrant or order and shall report such
-300-1detention to the administrator department. The administrator
2 department shall provide for the return of the patient to the
3authorities in the state from which the unauthorized departure
4was made. Pending return, such patient may be detained
5temporarily at one of the institutions of this state governed
6by the administrator or by the administrator of the division of
7child and family services of the department of human services
8 department. The provisions of this section relating to the
9administrator department shall also apply to the return of
10other nonresident persons with an intellectual disability
11having legal residency outside the state of Iowa.
12 Sec. 470. Section 222.11, Code 2023, is amended to read as
13follows:
14222.11 Expense.
15All actual and necessary expenses incurred in the taking
16into protective custody, restraint, and transportation of such
17patients to the resource centers shall be paid on itemized
18vouchers, sworn to by the claimants, and approved by the
19superintendent and the administrator director from any moneys
20in the state treasury not otherwise appropriated.
21 Sec. 471. Section 222.13, subsection 2, Code 2023, is
22amended to read as follows:
232. If the resource center does not have an appropriate
24program for the treatment of an adult or minor person with an
25intellectual disability applying under this section or section
26222.13A, the regional administrator for the person’s county of
27residence or the department, as applicable, shall arrange for
28the placement of the person in any public or private facility
29within or without the state, approved by the director of human
30services, which offers appropriate services for the person.
31 If the expenses of the placement are payable in whole or in
32part by a county, the placement shall be made by the regional
33administrator for the county.
34 Sec. 472. Section 222.13A, subsection 1, Code 2023, is
35amended to read as follows:
-301- 11. If a minor is believed to be a person with an
2intellectual disability, the minor’s parent, guardian, or
3custodian may apply to the department for admission of the
4minor as a voluntary patient in a state resource center. If
5the resource center does not have appropriate services for the
6minor’s treatment, the department may arrange for the admission
7of the minor in a public or private facility within or without
8the state, approved by the director of human services, which
9offers appropriate services for the minor’s treatment.
10 Sec. 473. Section 222.60, subsection 1, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12All necessary and legal expenses for the cost of admission or
13for the treatment, training, instruction, care, habilitation,
14support, and transportation of persons with an intellectual
15disability, as provided for in the applicable regional service
16system management plan implemented pursuant to section 331.393
17in a state resource center, or in a special unit, or any public
18or private facility within or without the state, approved by
19the director of human services, shall be paid by either:
20 Sec. 474. Section 222.64, Code 2023, is amended to read as
21follows:
22222.64 Foreign state or country or unknown residency.
23If the residency of the person is determined by a regional
24administrator on behalf of a county or by the state to be in
25a foreign state or country or is determined to be unknown,
26the regional administrator or the state shall certify the
27determination. The certification shall be accompanied by a
28copy of the evidence supporting the determination. The care of
29the person shall be as arranged by the regional administrator
30or the state. Application for admission may be made pending
31investigation by the administrator department.
32 Sec. 475. Section 222.65, Code 2023, is amended to read as
33follows:
34222.65 Investigation.
35If an application is made for placement of a person in
-302-1a state resource center or special unit, the department’s
2administrator department shall immediately investigate the
3residency of the person and proceed as follows:
41. If the administrator department concurs with a certified
5determination as to residency of the person in another state
6or in a foreign country, or the person’s residence is unknown
7under section 222.60, the administrator department shall cause
8the person either to be transferred to a resource center or
9a special unit or to be transferred to the place of foreign
10residency.
112. If the administrator department disputes a certified
12determination of residency, the administrator department shall
13order the person transferred to a state resource center or a
14special unit until the dispute is resolved.
153. If the administrator department disputes a certified
16determination of residency, the administrator department shall
17utilize the procedure provided in section 331.394 to resolve
18the dispute. A determination of the person’s residency status
19made pursuant to section 331.394 is conclusive.
20 Sec. 476. Section 222.66, Code 2023, is amended to read as
21follows:
22222.66 Transfers — no residency in state or residency
23unknown — expenses.
24The transfer to a resource center or a special unit or to the
25place of residency of a person with an intellectual disability
26who has no residence in this state or whose residency is
27unknown, shall be made in accordance with such directions as
28shall be prescribed by the administrator director and when
29practicable by employees of the state resource center or the
30special unit. The actual and necessary expenses of such
31transfers shall be paid by the department on itemized vouchers
32sworn to by the claimants and approved by the administrator
33 director and the approved amount is appropriated to the
34department from any funds in the state treasury not otherwise
35appropriated.
-303-1 Sec. 477. Section 222.67, Code 2023, is amended to read as
2follows:
3222.67 Charge on finding of residency.
4If a person has been received into a resource center or a
5special unit as a patient whose residency is unknown and the
6administrator director determines that the residency of the
7patient was at the time of admission in a county of this state,
8the administrator director shall certify the determination and
9charge all legal costs and expenses pertaining to the admission
10and support of the patient to the county of residence. The
11certification shall be sent to the county of residence. The
12certification shall be accompanied by a copy of the evidence
13supporting the determination. If the person’s residency status
14has been determined in accordance with section 331.394, the
15legal costs and expenses shall be charged to the county in
16accordance with that determination. The costs and expenses
17shall be collected as provided by law in other cases.
18 Sec. 478. Section 222.69, Code 2023, is amended to read as
19follows:
20222.69 Payment by state.
21The amount necessary to pay the necessary and legal expenses
22of admission of a person to a resource center or a special unit
23when the person’s residence is outside this state or is unknown
24is appropriated to the department from any moneys in the state
25treasury not otherwise appropriated. Such payments shall be
26made by the department on itemized vouchers executed by the
27auditor of the county from which the expenses have been paid
28and approved by the administrator director or the director’s
29designee.
30 Sec. 479. Section 222.73, subsection 5, Code 2023, is
31amended to read as follows:
325. A superintendent of a resource center or special unit
33may request that the director of human services enter into a
34contract with a person for the resource center or special unit
35to provide consultation or treatment services or for fulfilling
-304-1other purposes which are consistent with the purposes stated in
2section 222.1. The contract provisions shall include charges
3which reflect the actual cost of providing the services. Any
4income from a contract authorized under this subsection may
5be retained by the resource center or special unit to defray
6the costs of providing the services or fulfilling the other
7purposes. Except for a contract voluntarily entered into by a
8county under this subsection, the costs or income associated
9with a contract authorized under this subsection shall not
10be considered in computing charges and per diem costs in
11accordance with the provisions of subsections 1 through 4.
12 Sec. 480. Section 222.78, Code 2023, is amended to read as
13follows:
14222.78 Parents and others liable for support.
151. The father and mother of any patient admitted to a
16resource center or to a special unit, as either an inpatient
17or an outpatient, and any person, firm, or corporation bound
18by contract made for support of the patient are liable for the
19support of the patient. The patient and those legally bound
20for the support of the patient shall be liable to the county or
21state, as applicable, for all sums advanced in accordance with
22the provisions of sections 222.60 and 222.77.
232. The liability of any person, other than the patient,
24who is legally bound for the support of a patient who is
25under eighteen years of age in a resource center or a special
26unit shall not exceed the average minimum cost of the care
27of a normally intelligent minor without a an intellectual
28 disability of the same age and sex as the minor patient. The
29administrator department shall establish the scale for this
30purpose but the scale shall not exceed the standards for
31personal allowances established by the state division under
32the family investment program. The father or mother shall
33incur liability only during any period when the father or
34mother either individually or jointly receive a net income
35from whatever source, commensurate with that upon which they
-305-1would be liable to make an income tax payment to this state.
2The father or mother of a patient shall not be liable for the
3support of the patient upon the patient attaining eighteen
4years of age. Nothing in this section shall be construed to
5prevent a relative or other person from voluntarily paying the
6full actual cost as established by the administrator department
7 for caring for the patient with an intellectual disability.
8 Sec. 481. Section 222.84, Code 2023, is amended to read as
9follows:
10222.84 Patients’ personal deposit fund.
11There is hereby established at each resource center and
12special unit a fund which shall be known as the “patients’
13personal deposit fund”; provided that in. In the case of
14a special unit, the director may direct that the patients’
15personal deposit fund be maintained and administered as a part
16of the fund established, pursuant to sections 226.43 through
17226.46, by the state mental health institute where the special
18unit is located.
19 Sec. 482. Section 222.86, Code 2023, is amended to read as
20follows:
21222.86 Payment for care from fund.
22If a patient is not receiving medical assistance under
23chapter 249A and the amount in the account of any patient
24in the patients’ personal deposit fund exceeds two hundred
25dollars, the business manager of the resource center or special
26unit department may apply any amount of the excess to reimburse
27the county of residence or the state for liability incurred by
28the county or the state for the payment of care, support, and
29maintenance of the patient, when billed by the county or state,
30as applicable.
31 Sec. 483. Section 222.87, Code 2023, is amended to read as
32follows:
33222.87 Deposit in bank.
34The business manager department shall deposit the patients’
35personal deposit fund in a commercial account of a bank of
-306-1reputable standing. When deposits in the commercial account
2exceed average monthly withdrawals, the business manager
3 department may deposit the excess at interest. The savings
4account shall be in the name of the patients’ personal deposit
5fund and interest paid thereon on the account may be used for
6recreational purposes for the patients at the resource center
7or special unit.
8 Sec. 484. Section 222.88, Code 2023, is amended to read as
9follows:
10222.88 Special intellectual disability unit.
11The director of human services may organize and establish a
12special intellectual disability unit at an existing institution
13which may provide:
141. Psychiatric and related services to children with an
15intellectual disability and adults who are also emotionally
16disturbed with an emotional disturbance or otherwise mentally
17ill a mental illness.
182. Specific programs to meet the needs of such other special
19categories of persons with an intellectual disability as may
20be designated by the director.
213. Appropriate diagnostic evaluation services.
22 Sec. 485. Section 225.1, subsection 2, Code 2023, is amended
23by adding the following new paragraph:
24 NEW PARAGRAPH. c. “Respondent” means the same as defined
25in section 229.1.
26 Sec. 486. Section 225.5, Code 2023, is amended to read as
27follows:
28225.5 Cooperation of hospitals.
29The medical director of the state psychiatric hospital
30shall seek to bring about systematic cooperation between the
31several state hospitals for persons with mental illness health
32institutes and the state psychiatric hospital.
33 Sec. 487. Section 225.26, Code 2023, is amended to read as
34follows:
35225.26 Private patients — disposition of funds.
-307- 1All moneys collected from private patients shall be used for
2the support of the said state psychiatric hospital.
3 Sec. 488. Section 225.28, Code 2023, is amended to read as
4follows:
5225.28 Appropriation.
6The state shall pay to the state psychiatric hospital, out of
7any moneys in the state treasury not otherwise appropriated,
8all expenses for the administration of the hospital, and for
9the care, treatment, and maintenance of committed and voluntary
10public patients therein in the state psychiatric hospital,
11including their clothing and all other expenses of the hospital
12for the public patients. The bills for the expenses shall be
13rendered monthly in accordance with rules agreed upon by the
14director of the department of administrative services and the
15state board of regents.
16 Sec. 489. Section 225.33, Code 2023, is amended to read as
17follows:
18225.33 Death of patient — disposal of body.
19In the event that a When a committed public patient or
20a voluntary public patient or a committed private patient
21should die dies while at the state psychiatric hospital or
22at the university hospital, the state psychiatric hospital
23shall have the body prepared for shipment in accordance with
24the rules prescribed by the state board of health council on
25health and human services for shipping such bodies; and it
26shall be. It is the duty of the state board of regents to make
27arrangements for the embalming and such other preparation as
28may be necessary to comply with the rules and for the purchase
29of suitable caskets.
30 Sec. 490. Section 225.35, Code 2023, is amended to read as
31follows:
32225.35 Expense collected.
33In the event that the said When a person is a committed
34private patient, it shall be is the duty of the county
35auditor of the proper county to proceed to collect all of such
-308-1expenses, in accordance with the provisions of sections 225.23
2and 225.24.
3 Sec. 491. Section 225C.2, Code 2023, is amended to read as
4follows:
5225C.2 Definitions.
6As used in this chapter:
71. “Administrator” means the administrator of the division.
82. 1. “Child” or “children” means a person or persons under
9eighteen years of age.
103. 2. “Children’s behavioral health services” means services
11for children with a serious emotional disturbance.
124. 3. “Children’s behavioral health system” or “children’s
13system” means the behavioral health service system for children
14implemented pursuant to this subchapter.
155. 4. “Commission” means the mental health and disability
16services commission.
175. “Council” means the council on health and human services.
186. “Department” means the department of health and human
19services.
207. “Director” means the director of health and human
21services.
228. “Disability services” means services and other support
23available to a person with mental illness, an intellectual
24disability or other developmental disability, or brain injury.
259. “Division” means the division of mental health and
26disability services of the department.
2710. 9. “Mental health and disability services region”
28means a mental health and disability services region formed in
29accordance with section 331.389.
3011. 10. “Mental health and disability services regional
31service system” means the mental health and disability service
32system for a mental health and disability services region.
3312. 11. “Regional administrator” means the same as defined
34in section 331.388.
3513. 12. “Serious emotional disturbance” means a diagnosable
-309-1mental, behavioral, or emotional disorder of sufficient
2duration to meet diagnostic criteria specified within the most
3current diagnostic and statistical manual of mental disorders
4published by the American psychiatric association that results
5in a functional impairment. “Serious emotional disturbance”
6does not include substance use or developmental disorders
7unless those disorders co-occur with such a diagnosable mental,
8behavioral, or emotional disorder.
914. 13. “State board” means the children’s behavioral
10health system state board created in section 225C.51.
11 Sec. 492. Section 225C.3, Code 2023, is amended to read as
12follows:
13225C.3 Division of mental health and disability services
14 Department — state mental health authority.
151. The division department is designated the state mental
16health authority as defined in 42 U.S.C. §201(m) (1976) for
17the purpose of directing the benefits of the National Mental
18Health Act, 42 U.S.C. §201 et seq. This designation does
19not preclude the state board of regents from authorizing or
20directing any institution under its jurisdiction to carry out
21educational, prevention, and research activities in the areas
22of mental health and intellectual disability. The division
23 department may contract with the state board of regents or any
24institution under the board’s jurisdiction to perform any of
25these functions.
262. The division department is designated the state
27developmental disabilities agency for the purpose of directing
28the benefits of the federal Developmental Disabilities
29Assistance and Bill of Rights Act, 42 U.S.C. §15001 et seq.
303. The division is administered by the administrator. The
31administrator of the division shall be qualified in the general
32field of mental health, intellectual disability, or other
33disability services, and preferably in more than one field.
34The administrator shall have at least five years of experience
35as an administrator in one or more of these fields.
-310-1 Sec. 493. Section 225C.4, Code 2023, is amended to read as
2follows:
3225C.4 Administrator’s Department duties.
41. To the extent funding is available, the administrator
5 department shall perform the following duties:
6a. Prepare and administer the comprehensive mental health
7and disability services plan as provided in section 225C.6B,
8including state mental health and intellectual disability
9plans for the provision of disability services within the
10state and the state developmental disabilities plan. The
11administrator department shall take into account any related
12planning activities implemented by the Iowa department of
13public health, the state board of regents or a body designated
14by the board for that purpose, the department of management
15or a body designated by the director of the department for
16that purpose, the department of education, the department of
17workforce development and any other appropriate governmental
18body, in order to facilitate coordination of disability
19services provided in this state. The state mental health and
20intellectual disability plans shall be consistent with the
21state health plan, and shall take into account mental health
22and disability services regional service system management
23plans.
24b. Assist mental health and disability services region
25governing boards and regional administrators in planning for
26community-based disability services.
27c. Assist the state board in planning for community-based
28children’s behavioral health services.
29d. Emphasize the provision of evidence-based outpatient and
30community support services by community mental health centers
31and local intellectual disability providers as a preferable
32alternative to acute inpatient services and services provided
33in large institutional settings.
34e. Encourage and facilitate coordination of mental health
35and disability services with the objective of developing
-311-1and maintaining in the state a mental health and disability
2service delivery system to provide services to all persons
3in this state who need the services, regardless of the place
4of residence or economic circumstances of those persons.
5The administrator department shall work with the commission
6and other state agencies, including but not limited to the
7departments of corrections, and education, and public health
8and the state board of regents, to develop and implement a
9strategic plan to expand access to qualified mental health
10workers across the state.
11f. Encourage and facilitate applied research and preventive
12educational activities related to causes and appropriate
13treatment for disabilities. The administrator department may
14designate, or enter into agreements with, private or public
15agencies to carry out this function.
16g. Coordinate community-based services with those of the
17state mental health institutes and state resource centers.
18h. Administer state programs regarding the care, treatment,
19and supervision of persons with mental illness or an
20intellectual disability, except the programs administered by
21the state board of regents.
22i. Administer and distribute state appropriations in
23connection with the mental health and disability services
24regional service fund established by section 225C.7A.
25j. Act as compact administrator with power to effectuate the
26purposes of interstate compacts on mental health.
27k. Establish and maintain a data collection and management
28information system oriented to the needs of patients,
29providers, the department, and other programs or facilities in
30accordance with section 225C.6A. The system shall be used to
31identify, collect, and analyze service outcome and performance
32measures data in order to assess the effects of the services
33on the persons utilizing the services. The administrator
34 department shall annually submit to the commission information
35collected by the department indicating the changes and trends
-312-1in the mental health and disability services system. The
2administrator department shall make the outcome data available
3to the public.
4l. Encourage and facilitate coordination of children’s
5behavioral health services with the objective of developing
6and maintaining in the state a children’s behavioral health
7system to provide behavioral health services to all children
8in this state who need the services, regardless of the place
9of residence or economic circumstances of those children.
10The administrator department shall work with the state board
11and other state agencies including but not limited to the
12department of education and the department of public health
13 to develop and implement a strategic plan to expand access to
14qualified mental health workers across the state.
15m. Establish and maintain a data collection and management
16information system oriented to the needs of children utilizing
17the children’s behavioral health system, providers, the
18department, and other programs or facilities in accordance
19with section 225C.6A. The system shall be used to identify,
20collect, and analyze service outcome and performance measures
21data in order to assess the effects of the services on the
22children utilizing the services. The administrator department
23 shall annually submit to the state board information collected
24by the department indicating the changes and trends in the
25children’s behavioral health system. The administrator
26 department shall make the outcome data available to the public.
27n. Prepare a division budget and reports of the division’s
28 department’s activities.
29o. Establish suitable agreements with other state
30agencies to encourage appropriate care and to facilitate the
31coordination of disability services.
32p. Provide consultation and technical assistance to
33patients’ advocates appointed pursuant to section 229.19,
34in cooperation with the judicial branch and the certified
35volunteer long-term care ombudsmen certified pursuant to
-313-1section 231.45.
2q. Provide technical assistance to agencies and
3organizations, to aid them in meeting standards which are
4established, or with which compliance is required, under
5statutes administered by the administrator department,
6including but not limited to chapters 227 and 230A.
7r. Recommend to the commission minimum accreditation
8standards for the maintenance and operation of community mental
9health centers, services, and programs under section 230A.110.
10The administrator’s department’s review and evaluation of the
11centers, services, and programs for compliance with the adopted
12standards shall be as provided in section 230A.111.
13s. Recommend to the commission minimum standards for
14supported community living services. The administrator
15 department shall review and evaluate the services for
16compliance with the adopted standards.
17t. In cooperation with the department of inspections and
18appeals, recommend minimum standards under section 227.4 for
19the care of and services to persons with mental illness or an
20intellectual disability residing in county care facilities.
21The administrator department shall also cooperate with the
22department of inspections and appeals in recommending minimum
23standards for care of and services provided to persons with
24mental illness or an intellectual disability living in a
25residential care facility regulated under chapter 135C.
26u. In cooperation with the Iowa department of public health,
27recommend Recommend minimum standards for the maintenance and
28operation of public or private facilities offering disability
29services, which are not subject to licensure by the department
30or the department of inspections and appeals.
31v. Provide technical assistance concerning disability
32services and funding to mental health and disability services
33region governing boards and regional administrators.
34w. Coordinate with the mental health planning and advisory
35council created pursuant to 42 U.S.C. §300x-3 to ensure the
-314-1council membership includes representation by a military
2veteran who is knowledgeable concerning the behavioral and
3mental health issues of veterans.
4x. Enter into performance-based contracts with
5regional administrators as described in section 331.390.
6A performance-based contract shall require a regional
7administrator to fulfill the statutory and regulatory
8requirements of the regional service system under this chapter
9and chapter 331. A failure to fulfill the requirements may be
10addressed by remedies specified in the contract, including but
11not limited to suspension of contract payments or cancellation
12of the contract. The contract provisions may include but are
13not limited to requirements for the regional service system
14to attain outcomes within a specified range of acceptable
15performance in any of the following categories:
16(1) Access standards for the required core services.
17(2) Penetration rates for serving the number of persons
18expected to be served.
19(3) Utilization rates for inpatient and residential
20treatment.
21(4) Readmission rates for inpatient and residential
22treatment.
23(5) Employment of the persons receiving services.
24(6) Administrative costs.
25(7) Data reporting.
26(8) Timely and accurate claims processing.
27(9) School attendance.
28y. Provide information through the internet concerning
29waiting lists for services implemented by mental health and
30disability services regions.
312. The administrator department may:
32a. Apply for, receive, and administer federal aids, grants,
33and gifts for purposes relating to disability services or
34programs.
35b. Establish and supervise suitable standards of care,
-315-1treatment, and supervision for persons with disabilities in
2all institutions under the control of the director of human
3services.
4c. Appoint professional consultants to furnish advice on
5any matters pertaining to disability services. The consultants
6shall be paid as provided by an appropriation of the general
7assembly.
8d. Administer a public housing unit within a bureau of
9the division program to apply for, receive, and administer
10federal assistance, grants, and other public or private funds
11for purposes related to providing housing in accordance with
12section 225C.45.
13 Sec. 494. Section 225C.5, subsection 1, paragraph j, Code
142023, is amended to read as follows:
15j. One member shall be an active board member of an agency
16serving persons with a substance abuse problem use disorder
17 selected from nominees submitted by the Iowa behavioral health
18association.
19 Sec. 495. Section 225C.6, Code 2023, is amended to read as
20follows:
21225C.6 Duties of commission.
221. To the extent funding is available, the commission shall
23perform the following duties:
24a. Advise the administrator department on the administration
25of the overall state disability services system.
26b. Pursuant to recommendations made for this purpose by
27the administrator director, adopt necessary rules pursuant to
28chapter 17A which relate to disability programs and services,
29including but not limited to definitions of each disability
30included within the term “disability services” as necessary for
31purposes of state, county, and regional planning, programs, and
32services.
33c. Adopt standards for community mental health centers,
34services, and programs as recommended under section 230A.110.
35The administrator department shall determine whether to grant,
-316-1deny, or revoke the accreditation of the centers, services, and
2programs.
3d. Adopt standards for the provision under the medical
4assistance program of individual case management services.
5e. Unless another governmental body sets standards for a
6service available to persons with disabilities, adopt state
7standards for that service. The commission shall review the
8licensing standards used by the department of human services
9 or department of inspections and appeals for those facilities
10providing disability services.
11f. Assure that proper reconsideration and appeal procedures
12are available to persons aggrieved by decisions, actions, or
13circumstances relating to accreditation.
14g. Adopt necessary rules for awarding grants from the state
15and federal government as well as other moneys that become
16available to the division department for grant purposes.
17h. Annually submit to the governor and the general assembly:
18(1) A report concerning the activities of the commission.
19(2) Recommendations formulated by the commission for
20changes in law.
21i. By January 1 of each odd-numbered year, submit to the
22governor and the general assembly an evaluation of:
23(1) The extent to which services to persons with
24disabilities are actually available to persons in each county
25and mental health and disability services region in the state
26and the quality of those services.
27(2) The effectiveness of the services being provided by
28disability service providers in this state and by each of the
29state mental health institutes established under chapter 226
30and by each of the state resource centers established under
31chapter 222.
32j. Advise the administrator director, the council on human
33services, the governor, and the general assembly on budgets and
34appropriations concerning disability services.
35k. Coordinate activities with the Iowa developmental
-317-1disabilities council and the mental health planning council,
2created pursuant to federal law. The commission shall work
3with other state agencies on coordinating, collaborating, and
4communicating concerning activities involving persons with
5disabilities.
6l. Pursuant to a recommendation made by the administrator
7 department, identify basic financial eligibility standards
8for the disability services provided by a mental health and
9disability services region. The initial standards shall be as
10specified in chapter 331.
11m. Identify disability services outcomes and indicators to
12support the ability of eligible persons with a disability to
13live, learn, work, and recreate in communities of the persons’
14choice. The identification duty includes but is not limited to
15responsibility for identifying, collecting, and analyzing data
16as necessary to issue reports on outcomes and indicators at the
17county, region, and state levels.
182. Notwithstanding section 217.3, subsection 6, the
19commission may adopt the rules authorized by subsection 1,
20pursuant to chapter 17A, without prior review and approval of
21those rules by the council on human services.
223. If the executive branch creates a committee, task
23force, council, or other advisory body to consider disability
24services policy or program options involving children or adult
25consumers, the commission is designated to receive and consider
26any report, findings, recommendations, or other work product
27issued by such body. The commission may address the report,
28findings, recommendations, or other work product in fulfilling
29the commission’s functions and to advise the department,
30council on human services, governor, and general assembly
31concerning disability services.
324. a. The department shall coordinate with the
33department of inspections and appeals in the establishment of
34facility-based and community-based, subacute mental health
35services.
-318- 1b. A person shall not provide community-based, subacute
2mental health services unless the person has been accredited
3to provide the services. The commission shall adopt standards
4for subacute mental health services and for accreditation of
5providers of community-based, subacute mental health services.
6c. As used in this subsection, “subacute mental health
7services” means all of the following:
8(1) A comprehensive set of wraparound services for persons
9who have had or are at imminent risk of having acute or
10crisis mental health symptoms that do not permit the persons
11to remain in or threatens removal of the persons from their
12home and community, but who have been determined by a mental
13health professional and a licensed health care professional,
14subject to the professional’s scope of practice, not to need
15inpatient acute hospital services. For the purposes of this
16subparagraph, “mental health professional” means the same as
17defined in section 228.1 and “licensed health care professional”
18means a person licensed under chapter 148 to practice medicine
19and surgery or osteopathic medicine and surgery, an advanced
20registered nurse practitioner licensed under chapter 152 or
21152E, or a physician assistant licensed to practice under the
22supervision of a physician as authorized in chapters 147 and
23148C.
24(2) Intensive, recovery-oriented treatment and monitoring
25of the person with direct or remote access to a psychiatrist or
26advanced registered nurse practitioner.
27(3) An outcome-focused, interdisciplinary approach designed
28to return the person to living successfully in the community.
29(4) Services that may be provided in a wide array of
30settings ranging from the person’s home to a facility providing
31subacute mental health services.
32(5) Services that are time limited to not more than ten
33days or another time period determined in accordance with rules
34adopted for this purpose.
35d. Subacute mental health services and the standards for
-319-1the services shall be established in a manner that allows for
2accessing federal Medicaid funding.
3 Sec. 496. Section 225C.6B, Code 2023, is amended to read as
4follows:
5225C.6B Mental health and disability services system —
6legislative intent — comprehensive plan — state and regional
7service systems.
81. Intent.
9a. The general assembly intends for the state to implement
10a comprehensive, continuous, and integrated state mental
11health and disability services plan in accordance with
12the requirements of sections 225C.4 and 225C.6 and other
13provisions of this chapter, by increasing the department’s
14responsibilities in the development, funding, oversight, and
15ongoing leadership of mental health and disability services in
16this state.
17b. In order to further the purposes listed in section 225C.1
18and in other provisions of this chapter, the general assembly
19intends that efforts focus on the goal of making available a
20comprehensive array of high-quality, evidence-based consumer
21and family-centered mental health and disability services and
22other support in the least restrictive, community-based setting
23appropriate for a consumer.
24c. In addition, it is the intent of the general assembly
25to promote policies and practices that achieve for consumers
26the earliest possible detection of mental health problems and
27the need for disability services and for early intervention;
28to stress that all health care programs address mental health
29disorders with the same urgency as physical health disorders;
30to promote the policies of all public programs that serve
31adults and children with mental disorders or with a need
32for disability services, including but not limited to child
33welfare, Medicaid, education, housing, criminal and juvenile
34justice, substance abuse use disorder treatment, and employment
35services; to consider the special mental health and disability
-320-1services needs of adults and children; and to promote recovery
2and resiliency as expected outcomes for all consumers.
32. Comprehensive plan. The division department shall
4develop a comprehensive written five-year state mental health
5and disability services plan with annual updates and readopt
6the plan every five years. The plan shall describe the key
7components of the state’s mental health and disability services
8system, including the services that are community-based, state
9institution-based, or regional or state-based. The five-year
10plan and each update shall be submitted annually to the
11commission on or before October 30 for review and approval.
123. State and regional disability service systems. The
13publicly financed disability services for persons with mental
14illness, intellectual disability or other developmental
15disability, or brain injury in this state shall be provided by
16the department and the counties operating together as regions.
17The financial and administrative responsibility for such
18services is as follows:
19a. Disability services for children and adults that are
20covered under the medical assistance program pursuant to
21chapter 249A are the responsibility of the state.
22b. Adult mental health and intellectual disability services
23that are not covered under the medical assistance program are
24the responsibility of the county-based regional service system.
25c. Children’s behavioral health services provided to
26eligible children that are not covered under the medical
27assistance program or other third-party payor are the
28responsibility of the county-based regional service system.
29 Sec. 497. Section 225C.6C, Code 2023, is amended to read as
30follows:
31225C.6C Regional service system — regulatory requirements.
321. The departments department and the department of
33inspections and appeals, human services, and public health
34 shall comply with the requirements of this section in their
35efforts to improve the regulatory requirements applied to the
-321-1mental health and disability services regional service system
2administration and service providers.
32. The three departments shall work together to establish
4a process to streamline accreditation, certification, and
5licensing standards applied to the regional service system
6administration and service providers.
73. The departments of human services and inspections and
8appeals shall jointly review the standards and inspection
9process applicable to residential care facilities.
104. The three departments shall do all of the following in
11developing regulatory requirements applicable to the regional
12service system administration and service providers:
13a. Consider the costs to regional administrators and
14providers in the development of quality monitoring efforts.
15b. Implement the use of uniform, streamlined, and statewide
16cost reporting standards and tools by the regional service
17system and the department of human services.
18c. Make quality monitoring information, including services,
19quality, and location information, easily available and
20understandable to all citizens.
21d. Establish standards that are clearly understood and are
22accompanied by interpretive guidelines to support understanding
23by those responsible for applying the standards.
24e. Develop a partnership with providers in order to
25improve the quality of services and develop mechanisms for the
26provision of technical assistance.
27f. Develop consistent data collection efforts based on
28statewide standards and make information available to all
29providers. The efforts under this paragraph shall be made with
30representatives of the Iowa state association of counties.
31g. Evaluate existing provider qualification and monitoring
32efforts to identify duplication and gaps, and align the efforts
33with valued outcomes.
34h. Streamline and enhance existing standards.
35i. Consider allowing providers to seek accreditation from
-322-1a national accrediting body in lieu of state accreditation or
2certification.
3 Sec. 498. Section 225C.7A, subsection 7, Code 2023, is
4amended to read as follows:
57. a. For the fiscal year beginning July 1, 2021, each
6mental health and disability services region for which the
7amount certified during the fiscal year under section 331.391,
8subsection 4, paragraph “b”, exceeds forty percent of the actual
9expenditures of the region for the fiscal year preceding the
10fiscal year in progress, the remaining quarterly payments of
11the region’s regional service payment shall be reduced by
12an amount equal to the amount by which the region’s amount
13certified under section 331.391, subsection 4, paragraph “b”,
14exceeds forty percent of the actual expenditures of the region
15for the fiscal year preceding the fiscal year in progress, but
16the amount of the reduction shall not exceed the total amount
17of the region’s regional service payment for the fiscal year.
18If the region’s remaining quarterly payments are insufficient
19to effectuate the required reductions under this paragraph, the
20region is required to pay to the department of human services
21 any amount for which the reduction in quarterly payments could
22not be made. The amount of reductions to quarterly payments
23and amounts paid to the department under this paragraph shall
24be transferred and credited to the region incentive fund under
25subsection 8.
26b. For the fiscal year beginning July 1, 2022, each mental
27health and disability services region for which the amount
28certified during the fiscal year under section 331.391,
29subsection 4, paragraph “b”, exceeds twenty percent of the
30actual expenditures of the region for the fiscal year preceding
31the fiscal year in progress, the remaining quarterly payments
32of the region’s regional service payment shall be reduced by
33an amount equal to the amount by which the region’s amount
34certified under section 331.391, subsection 4, paragraph “b”,
35exceeds twenty percent of the actual expenditures of the region
-323-1for the fiscal year preceding the fiscal year in progress, but
2the amount of the reduction shall not exceed the total amount
3of the region’s regional service payment for the fiscal year.
4If the region’s remaining quarterly payments are insufficient
5to effectuate the required reductions under this paragraph, the
6region is required to pay to the department of human services
7 any amount for which the reduction in quarterly payments could
8not be made. The amount of reductions to quarterly payments
9and amounts paid to the department under this paragraph shall
10be transferred and credited to the region incentive fund under
11subsection 8.
12c. For the fiscal year beginning July 1, 2023, and each
13succeeding fiscal year, each mental health and disability
14services region for which the amount certified during the
15fiscal year under section 331.391, subsection 4, paragraph “b”,
16exceeds five percent of the actual expenditures of the region
17for the fiscal year preceding the fiscal year in progress, the
18remaining quarterly payments of the region’s regional service
19payment shall be reduced by an amount equal to the amount by
20which the region’s amount certified under section 331.391,
21subsection 4, paragraph “b”, exceeds five percent of the actual
22expenditures of the region for the fiscal year preceding the
23fiscal year in progress, but the amount of the reduction
24shall not exceed the total amount of the region’s regional
25service payment for the fiscal year. If the region’s remaining
26quarterly payments are insufficient to effectuate the required
27reductions under this paragraph, the region is required to
28pay to the department of human services any amount for which
29the reduction in quarterly payments could not be made. The
30amount of reductions to quarterly payments and amounts paid to
31the department under this paragraph shall be transferred and
32credited to the region incentive fund under subsection 8.
33 Sec. 499. Section 225C.13, Code 2023, is amended to read as
34follows:
35225C.13 Authority to establish and lease facilities.
-324- 11. The administrator assigned, in accordance with section
2218.1, to control the state mental health institutes and the
3state resource centers department may enter into agreements
4under which a facility or portion of a facility administered by
5the administrator department under section 218.1 is leased to a
6department or a division of state government, a county or group
7of counties, a mental health and disability services region, or
8a private nonprofit corporation organized under chapter 504. A
9lease executed under this section shall require that the lessee
10use the leased premises to deliver either disability services
11or other services normally delivered by the lessee.
122. The division administrator director may work with the
13appropriate administrator of the department’s institutions to
14establish mental health and intellectual disability services
15for all institutions under the control of the director of human
16services and to establish an autism unit, following mutual
17planning and consultation with the medical director of the
18state psychiatric hospital, at an institution or a facility
19administered by the department to provide psychiatric and
20related services and other specific programs to meet the needs
21of autistic persons with autism, and to furnish appropriate
22diagnostic evaluation services.
23 Sec. 500. Section 225C.19, Code 2023, is amended to read as
24follows:
25225C.19 Emergency mental health crisis services system.
261. For the purposes of this section:
27a. “Emergency mental health crisis services provider” means
28a provider accredited or approved by the department to provide
29emergency mental health crisis services.
30b. “Emergency mental health crisis services system” or
31“services system” means a coordinated array of crisis services
32for providing a response to assist an individual adult or child
33who is experiencing a mental health crisis or who is in a
34situation that is reasonably likely to cause the individual to
35have a mental health crisis unless assistance is provided.
-325- 12. a. The division department shall implement an emergency
2mental health crisis services system in consultation with
3counties, and community mental health centers and other mental
4health and social service providers, in accordance with this
5section.
6b. The purpose of the services system is to provide a
7statewide array of time-limited intervention services to reduce
8escalation of crisis situations, relieve the immediate distress
9of individuals experiencing a crisis situation, reduce the risk
10of individuals in a crisis situation doing harm to themselves
11or others, and promote timely access to appropriate services
12for those who require ongoing mental health services.
13c. The services system shall be available twenty-four hours
14per day, seven days per week to any individual who is in or is
15determined by others to be in a crisis situation, regardless of
16whether the individual has been diagnosed with a mental illness
17or a co-occurring mental illness and substance abuse use
18 disorder. The system shall address all ages, income levels,
19and health coverage statuses.
20d. The goals of an intervention offered by a provider
21under the services system shall include but are not limited to
22symptom reduction, stabilization of the individual receiving
23the intervention, and restoration of the individual to a
24previous level of functioning.
25e. The elements of the services system shall be specified in
26administrative rules adopted by the commission.
273. The services system elements shall include but are not
28limited to all of the following:
29a. Standards for accrediting or approving emergency mental
30health crisis services providers. Such providers may include
31but are not limited to a community mental health center
32designated under chapter 230A, a unit of the department or
33other state agency, a county, a mental health and disability
34services region, or any other public or private provider who
35meets the accreditation or approval standards for an emergency
-326-1mental health crisis services provider.
2b. Identification by the division department of geographic
3regions, groupings of mental health and disability services
4regions, service areas, or other means of distributing and
5organizing the emergency mental health crisis services system
6to ensure statewide availability of the services.
7c. Coordination of emergency mental health crisis services
8with all of the following:
9(1) The district and juvenile courts.
10(2) Law enforcement.
11(3) Judicial district departments of correctional services.
12(4) Mental health and disability services regions.
13(5) Other mental health, substance abuse use disorder, and
14co-occurring mental illness and substance abuse use disorder
15 services available through the state and counties to serve both
16children and adults.
17d. Identification of basic services to be provided through
18each accredited or approved emergency mental health crisis
19services provider which may include but are not limited to
20face-to-face crisis intervention, stabilization, support,
21counseling, preadmission screening for individuals who may
22require psychiatric hospitalization, transportation, and
23follow-up services.
24e. Identification of operational requirements for emergency
25mental health crisis services provider accreditation or
26approval which may include providing a telephone hotline,
27mobile crisis staff, collaboration protocols, follow-up with
28community services, information systems, and competency-based
29training.
304. The division department shall initially implement
31the program through a competitive block grant process.
32The implementation shall be limited to the extent of the
33appropriations provided for the program.
34 Sec. 501. Section 225C.19A, Code 2023, is amended to read
35as follows:
-327- 1225C.19A Crisis stabilization programs.
2The department shall accredit, certify, or apply standards
3of review to authorize the operation of crisis stabilization
4programs, including crisis stabilization programs operating
5in a psychiatric medical institution for children pursuant
6to chapter 135H that provide children with mental health,
7substance abuse use disorder, and co-occurring mental health
8and substance abuse use disorder services. In authorizing the
9operation of a crisis stabilization program, the department
10shall apply the relevant requirements for an emergency mental
11health crisis services provider and system under section
12225C.19. A program authorized to operate under this section is
13not required to be licensed under chapter 135B, 135C, 135G, or
14135H, or certified under chapter 231C. The commission shall
15adopt rules to implement this section. The department shall
16accept accreditation of a crisis stabilization program by a
17national accrediting organization in lieu of applying the rules
18adopted in accordance with this section to the program.
19 Sec. 502. Section 225C.20, Code 2023, is amended to read as
20follows:
21225C.20 Responsibilities of mental health and disability
22services regions for individual case management services.
23Individual case management services funded under the medical
24assistance program shall be provided by the department except
25when a county or a consortium of counties contracts with the
26department to provide the services. A regional administrator
27may contract for one or more counties of the region to be
28the provider at any time and the department shall agree to
29the contract so long as the contract meets the standards for
30case management adopted by the department. The regional
31administrator may subcontract for the provision of case
32management services so long as the subcontract meets the same
33standards. A regional administrator may change the provider
34of individual case management services at any time. If the
35current or proposed contract is with the department, the
-328-1regional administrator shall provide written notification of
2a change at least ninety days before the date the change will
3take effect.
4 Sec. 503. Section 225C.21, Code 2023, is amended to read as
5follows:
6225C.21 Supported community living services.
71. As used in this section, “supported community living
8services” means services provided in a noninstitutional
9setting to adult persons with mental illness, an intellectual
10disability, or developmental disabilities to meet the persons’
11daily living needs.
122. The commission shall adopt rules pursuant to chapter 17A
13establishing minimum standards for supported community living
14services. The administrator department shall determine whether
15to grant, deny, or revoke approval for any supported community
16living service.
173. Approved supported community living services may receive
18funding from the state, federal and state social services block
19grant funds, and other appropriate funding sources, consistent
20with state legislation and federal regulations. The funding
21may be provided on a per diem, per hour, or grant basis, as
22appropriate.
23 Sec. 504. Section 225C.23, Code 2023, is amended to read as
24follows:
25225C.23 Brain injury recognized as disability.
261. The department of human services, the Iowa department of
27public health, the department of education and its divisions
28of special education and vocational rehabilitation services,
29the department of human rights and its division for persons
30with disabilities, the department for the blind, and all other
31state agencies which serve persons with brain injuries, shall
32recognize brain injury as a distinct disability and shall
33identify those persons with brain injuries among the persons
34served by the state agency.
352. For the purposes of this section, “brain injury” means
-329-1the same as defined in section 135.22.
2 Sec. 505. Section 225C.29, Code 2023, is amended to read as
3follows:
4225C.29 Compliance.
5Except for a violation of section 225C.28B, subsection
62, the sole remedy for violation of a rule adopted by the
7commission to implement sections 225C.25, 225C.26, 225C.28A,
8and 225C.28B shall be by a proceeding for compliance initiated
9by request to the division department pursuant to chapter
1017A. Any decision of the division department shall be in
11accordance with due process of law and is subject to appeal to
12the Iowa district court pursuant to sections 17A.19 and 17A.20
13by any aggrieved party. Either the division department or a
14party in interest may apply to the Iowa district court for an
15order to enforce the decision of the division department. Any
16rules adopted by the commission to implement sections 225C.25,
17225C.26, 225C.28A, and 225C.28B do not create any right,
18entitlement, property, or liberty right or interest, or private
19cause of action for damages against the state or a political
20subdivision of the state or for which the state or a political
21subdivision of the state would be responsible. Any violation
22of section 225C.28B, subsection 2, shall solely be subject to
23the enforcement by the commissioner of insurance and penalties
24granted by chapter 507B for a violation of section 507B.4,
25subsection 3, paragraph “g”.
26 Sec. 506. Section 225C.35, Code 2023, is amended to read as
27follows:
28225C.35 Definitions.
29For purposes of this subchapter, unless the context
30otherwise requires:
311. “Department” means the department of human services.
322. 1. “Family” means a family member and the parent or
33legal guardian of the family member.
343. 2. “Family member” means a person less than eighteen
35years of age who by educational determination has a moderate,
-330-1severe, or profound educational disability or special
2health care needs or who otherwise meets the definition
3of developmental disability in the federal Developmental
4Disabilities Assistance and Bill of Rights Act, as codified
5in 42 U.S.C. §15002. The department shall adopt rules
6establishing procedures for determining whether a child has a
7developmental disability.
84. 3. “Legal guardian” means a person appointed by a court
9to exercise powers over a family member.
105. 4. “Medical assistance” means payment of all or part of
11the care authorized to be provided pursuant to chapter 249A the
12same as defined in section 249A.2.
136. 5. “Parent” means a biological or adoptive parent.
147. 6. “Supplemental security income” means financial
15assistance provided to individuals pursuant to Tit.XVI of the
16federal Social Security Act, 42 U.S.C. §1381 – 1383c.
17 Sec. 507. Section 225C.37, subsection 1, paragraph d, Code
182023, is amended to read as follows:
19d. A statement that if the child receives medical
20assistance, then the family support subsidy shall only be used
21for the cost of a service which is not covered by medical
22assistance. The family may receive welfare public assistance
23for which the family is eligible.
24 Sec. 508. Section 225C.45, Code 2023, is amended to read as
25follows:
26225C.45 Public housing unit program.
271. The administrator department may establish a public
28housing unit within a bureau of the division program to apply
29for, receive, and administer federal assistance, grants, and
30other public or private funds for purposes related to providing
31housing.
322. In implementing the public housing unit program, the
33division department may do all of the following:
34a. Prepare, implement, and operate housing projects
35and provide for the construction, improvement, extension,
-331-1alteration, or repair of a housing project under the division’s
2 department’s jurisdiction.
3b. Develop and implement studies, conduct analyses, and
4engage in research concerning housing and housing needs. The
5information obtained from these activities shall be made
6available to the public and to the building, housing, and
7supply industries.
8c. Cooperate with the Iowa finance authority, and
9 participate in any of the authority’s programs. Use, and use
10 any funds obtained pursuant to subsection 1 to participate in
11the authority’s programs. The division department shall comply
12with rules adopted by the authority as the rules apply to the
13housing activities of the division department.
143. In accepting contributions, grants, or other financial
15assistance from the federal government relating to a housing
16activity of the division department, including construction,
17operation, or maintenance, or in managing a housing project or
18undertaking constructed or owned by the federal government, the
19division department may do any of the following:
20a. Comply with federally required conditions or enter into
21contracts or agreements as may be necessary, convenient, or
22desirable.
23b. Take any other action necessary or desirable in order
24to secure the financial aid or cooperation of the federal
25government.
26c. Include in a contract with the federal government for
27financial assistance any provision which the federal government
28may require as a condition of the assistance that is consistent
29with the provisions of this section.
304. The division department shall not proceed with a housing
31project pursuant to this section, unless both of the following
32conditions are met:
33a. A study for a report which includes recommendations
34concerning the housing available within a community is publicly
35issued by the division department. The study shall be included
-332-1in the division’s department’s recommendations for a housing
2project.
3b. The division’s department’s recommendations are approved
4by a majority of the city council or board of supervisors
5with jurisdiction over the geographic area affected by the
6recommendations.
75. Property acquired or held pursuant to this section
8is public property used for essential public purposes and is
9declared to be exempt from any tax or special assessment of the
10state or any state public body as defined in section 403A.2.
11In lieu of taxes on the property, the division department may
12agree to make payments to the state or a state public body,
13including but not limited to the division department, as the
14division department finds necessary to maintain the purpose of
15providing low-cost housing in accordance with this section.
166. Any property owned or held by the division department
17 pursuant to this section is exempt from levy and sale by
18execution. An execution or other judicial process shall not be
19issued against the property and a judgment against the division
20 department shall not be a lien or charge against the property.
21However, the provisions of this subsection shall not apply to
22or limit the right of the federal government to pursue any
23remedies available under this section. The provisions of this
24subsection shall also not apply to or limit the right of an
25obligee to take either of the following actions:
26a. Foreclose or otherwise enforce a mortgage or other
27security executed or issued pursuant to this section.
28b. Pursue remedies for the enforcement of a pledge or lien
29on rents, fees, or revenues.
307. In any contract with the federal government to provide
31annual payments to the division department, the division
32 department may obligate itself to convey to the federal
33government possession of or title to the housing project
34in the event of a substantial default as defined in the
35contract and with respect to the covenant or conditions to
-333-1which the division department is subject. The obligation
2shall be specifically enforceable and shall not constitute a
3mortgage. The contract may also provide that in the event of
4a conveyance, the federal government may complete, operate,
5manage, lease, convey, or otherwise deal with the housing
6project and funds in accordance with the terms of the contract.
7However, the contract shall require that, as soon as is
8practicable after the federal government is satisfied that all
9defaults with respect to the housing project are cured and the
10housing project will be operated in accordance with the terms
11of the contract, the federal government shall reconvey the
12housing project to the division department.
138. The division department shall not undertake a housing
14project pursuant to this section until a public hearing has
15been held. At the hearing, the division department shall
16notify the public of the proposed project’s name, location,
17number of living units proposed, and approximate cost. Notice
18of the public hearing shall be published at least once in a
19newspaper of general circulation at least fifteen days prior to
20the date set for the hearing.
21 Sec. 509. Section 225C.47, subsection 2, Code 2023, is
22amended to read as follows:
232. A comprehensive family support program is created in the
24department of human services to provide a statewide system of
25services and support to eligible families. The program shall
26be implemented in a manner which enables a family member of
27an individual with a disability to identify the services and
28support needed to enable the individual to reside with the
29individual’s family, to function more independently, and to
30increase the individual’s integration into the community.
31 Sec. 510. Section 225C.49, Code 2023, is amended to read as
32follows:
33225C.49 Departmental duties concerning services to
34individuals with a disability.
351. The department shall provide coordination of the
-334-1programs administered by the department which serve individuals
2with a disability and the individuals’ families, including but
3not limited to the following juvenile justice and child welfare
4services: family-centered services described under section
5232.102, decategorization of child welfare funding provided
6for under section 232.188, and foster care services paid under
7section 234.35, subsection 3. The department shall regularly
8review administrative rules associated with such programs
9and make recommendations to the council on human services,
10governor, and general assembly for revisions to remove barriers
11to the programs for individuals with a disability and the
12individuals’ families including the following:
13a. Eligibility prerequisites which require declaring the
14individual at risk of abuse, neglect, or out-of-home placement.
15b. Time limits on services which restrict addressing ongoing
16needs of individuals with a disability and their families.
172. The department shall coordinate the department’s
18programs and funding utilized by individuals with a disability
19and their families with other state and local programs and
20funding directed to individuals with a disability and their
21families.
223. In implementing the provisions of this section, the
23department shall do all of the following:
24a. Compile information concerning services and other support
25available to individuals with a disability and their families.
26Make the information available to individuals with a disability
27and their families and department staff.
28b. Utilize internal training resources or contract for
29additional training of staff concerning the information
30under paragraph “a” and training of families and individuals
31as necessary to implement the family support subsidy and
32comprehensive family support programs under this chapter.
334. The department shall designate one individual whose sole
34duties are to provide central coordination of the programs
35under sections 225C.36 and 225C.47 and to oversee development
-335-1and implementation of the programs.
2 Sec. 511. Section 225C.51, Code 2023, is amended to read as
3follows:
4225C.51 Children’s behavioral health system state board.
51. A children’s behavioral health system state board
6is created as the state body to provide guidance on the
7implementation and management of a children’s behavioral health
8system for the provision of services to children with a serious
9emotional disturbance. State board members shall be appointed
10on the basis of interest and experience in the fields of
11children’s behavioral health to ensure adequate representation
12from persons with life experiences and from persons
13knowledgeable about children’s behavioral health services. The
14department shall provide support to the state board, and the
15board may utilize staff support and other assistance provided
16to the state board by other persons. The state board shall
17meet at least four times per year. The membership of the state
18board shall consist of the following persons:
19a. The director of the department of health and human
20services or the director’s designee.
21b. The director of the department of education or the
22director’s designee.
23c. The director of the department of public health or the
24director’s designee.
25d. c. The director of workforce development or the
26director’s designee.
27e. d. A member of the mental health and disability services
28commission.
29f. e. Members appointed by the governor who are active
30members of each of the indicated groups:
31(1) One member shall be selected from nominees submitted by
32the state court administrator.
33(2) One member shall be selected from nominees submitted by
34the early childhood Iowa office program in the department of
35management.
-336- 1(3) One member shall be a board member or an employee of a
2provider of mental health services to children.
3(4) One member shall be a board member or an employee of a
4provider of child welfare services.
5(5) One member shall be an administrator of an area
6education agency.
7(6) One member shall be an educator, counselor, or
8administrator of a school district.
9(7) One member shall be a representative of an established
10advocacy organization whose mission or purpose it is, in part,
11to further goals related to children’s mental health.
12(8) One member shall be a parent or guardian of a child
13currently utilizing or who has utilized behavioral health
14services.
15(9) One member shall be a sheriff.
16(10) One member shall be a pediatrician.
17(11) One member shall be a representative from a health care
18system.
19(12) One member shall be a chief executive officer of a
20mental health and disability services region.
21g. f. In addition to the voting members, the membership
22shall include four members of the general assembly with one
23member designated by each of the following: the majority
24leader of the senate, the minority leader of the senate, the
25speaker of the house of representatives, and the minority
26leader of the house of representatives. A legislative member
27serves for a term as provided in section 69.16B in a nonvoting,
28ex officio capacity and is not eligible for per diem and
29expenses as provided in section 2.10.
302. Members appointed by the governor shall serve four-year
31staggered terms and are subject to confirmation by the senate.
32The four-year terms shall begin and end as provided in section
3369.19. Vacancies on the state board shall be filled as
34provided in section 2.32. A member shall not be appointed for
35more than two consecutive four-year terms.
-337- 13. The director of the department of human services and the
2director of the department of education, or their designees,
3shall serve as co-chairpersons of the state board. Board
4members shall not be entitled to a per diem as specified in
5section 7E.6 and shall not be entitled to actual and necessary
6expenses incurred while engaged in their official duties.
7 Sec. 512. Section 225C.52, subsection 1, Code 2023, is
8amended to read as follows:
91. Advise the administrator director on the administration
10of the children’s behavioral health system.
11 Sec. 513. Section 225D.1, subsection 6, Code 2023, is
12amended to read as follows:
136. “Department” means the department of health and human
14services.
15 Sec. 514. Section 226.1, Code 2023, is amended to read as
16follows:
17226.1 Official designation — definitions.
181. The state hospitals for persons with mental illness shall
19be designated as follows:
20a. Mental Health Institute, Independence, Iowa.
21b. Mental Health Institute, Cherokee, Iowa.
222. a. The purpose of the mental health institutes is to
23operate as regional resource centers providing one or more of
24the following:
25(1) Treatment, training, care, habilitation, and support of
26persons with mental illness or a substance abuse problem use
27disorder.
28(2) Facilities, services, and other support to the
29communities located in the region being served by a mental
30health institute so as to maximize the usefulness of the mental
31health institutes while minimizing overall costs.
32(3) A unit for the civil commitment of sexually violent
33predators committed to the custody of the director of human
34services pursuant to chapter 229A.
35b. In addition, the mental health institutes are encouraged
-338-1to act as a training resource for community-based program
2staff, medical students, and other participants in professional
3education programs.
43. A mental health institute may request the approval of the
5council on human services to change the name of the institution
6for use in communication with the public, in signage, and in
7other forms of communication.
84. For the purposes of this chapter, unless the context
9otherwise requires:
10a. “Administrator” means the person assigned by the
11director of human services to control the state mental health
12institutes. “Council” means the council on health and human
13services.
14b. “Department” means the department of health and human
15services.
16c. “Director” means the director of health and human
17services.
18c. d. “Mental health and disability services region” means
19a mental health and disability services region formed in
20accordance with section 331.389.
21e. “Mental health institute” or “state mental health
22institute” means a state hospital for persons with mental
23illness as designated in this chapter.
24d. f. “Regional administrator” means the regional
25administrator of a mental health and disability services
26region, same as defined in section 331.388.
27 Sec. 515. Section 226.4, Code 2023, is amended to read as
28follows:
29226.4 Salary of superintendent.
30The salary of the superintendent of each hospital mental
31health institute shall be determined by the administrator
32 director.
33 Sec. 516. Section 226.5, Code 2023, is amended to read as
34follows:
35226.5 Superintendent as witness.
-339- 1The superintendents and assistant physicians of said
2hospitals the mental health institutes, when called as
3witnesses in any court, shall be paid the same mileage which
4other witnesses are paid and in addition thereto shall be paid
5a fee of twenty-five dollars per day, said the fee to revert to
6the support fund of the hospital mental health institute the
7superintendent or assistant physician serves.
8 Sec. 517. Section 226.6, Code 2023, is amended to read as
9follows:
10226.6 Duties of superintendent.
11The superintendent shall:
121. Have the control of the medical, mental, moral, and
13dietetic treatment of the patients in the superintendent’s
14custody subject to the approval of the administrator director.
152. Require all subordinate officers and employees to
16perform their respective duties.
173. Have an official seal with the name of the hospital
18 mental health institute and the word “Iowa” thereon and on
19the seal. The superintendent may affix the same seal to all
20notices, orders of discharge, or other papers required to be
21given by the superintendent.
224. Keep proper books in which shall be entered all moneys
23and supplies received on account of any patient and a detailed
24account of the disposition of the same all moneys and supplies.
25 Sec. 518. Section 226.7, subsection 1, paragraph a,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28Preference in the reception of patients into said hospitals
29 the mental health institutes shall be exercised in the
30following order:
31 Sec. 519. Section 226.8, subsection 1, paragraph b, Code
322023, is amended to read as follows:
33b. If determined appropriate for the person at the
34sole discretion of the director of human services, the
35administrator, or the director’s or administrator’s designee.
-340-1 Sec. 520. Section 226.9, Code 2023, is amended to read as
2follows:
3226.9 Custody of patient.
4The superintendent, upon the receipt of a duly executed
5order of admission of a patient into the hospital for persons
6with mental illness a state mental health institute, pursuant
7to section 229.13, shall take such the patient into custody and
8restrain the patient as provided by law and the rules of the
9administrator department, without liability on the part of such
10superintendent and all other officers of the hospital mental
11health institute to prosecution of any kind on account thereof,
12but no person shall be detained in the hospital mental health
13institute who is found by the superintendent to be in good
14mental health.
15 Sec. 521. Section 226.10, Code 2023, is amended to read as
16follows:
17226.10 Equal treatment.
18The patients of the state mental health institutes,
19according to their different conditions of mind and body, and
20their respective needs, shall be provided for and treated
21with equal care. If in addition to mental illness a patient
22has a co-occurring intellectual disability, brain injury, or
23substance abuse use disorder, the care provided shall also
24address the co-occurring needs.
25 Sec. 522. Section 226.11, Code 2023, is amended to read as
26follows:
27226.11 Special care permitted.
28Patients may have such special care as may be agreed upon
29with the superintendent, if the friends or relatives of the
30patient will pay the expense thereof of the special care.
31Charges for such special care and attendance shall be paid
32quarterly in advance.
33 Sec. 523. Section 226.12, Code 2023, is amended to read as
34follows:
35226.12 Monthly reports.
-341- 1The administrator director shall assure that the
2superintendent of each institute provides monthly reports
3concerning the programmatic, environmental, and fiscal
4condition of the mental health institute. The administrator
5 director or the administrator’s director’s designee shall
6periodically visit each institute to validate the information.
7 Sec. 524. Section 226.13, Code 2023, is amended to read as
8follows:
9226.13 Patients allowed to write.
10The name and address of the administrator director shall
11be kept posted in every ward in each hospital mental health
12institute. Every patient shall be allowed to write once a week
13what the patient pleases to said administrator the director
14 and to any other person. The superintendent may send letters
15addressed to other parties to the administrator director for
16inspection before forwarding them to the individual addressed.
17 Sec. 525. Section 226.14, Code 2023, is amended to read as
18follows:
19226.14 Writing material.
20Every patient shall be furnished by the superintendent or
21party having charge of such person the patient, at least once
22in each week, with suitable materials for writing, enclosing,
23sealing, and mailing letters, if the patient requests and uses
24the same materials.
25 Sec. 526. Section 226.15, Code 2023, is amended to read as
26follows:
27226.15 Letters to administrator director.
28The superintendent or other officer in charge of a patient
29shall, without reading the same letters, receive all letters
30addressed to the administrator director, if so requested, and
31shall properly mail the same letters, and deliver to such
32patient all letters or other writings addressed to the patient.
33Letters written to the person so confined patient may be
34examined by the superintendent, and if, in the superintendent’s
35opinion, the delivery of such letters would be injurious to the
-342-1person so confined patient, the superintendent shall return the
2letters to the writer with the superintendent’s reasons for not
3delivering them the letters.
4 Sec. 527. Section 226.16, Code 2023, is amended to read as
5follows:
6226.16 Unauthorized departure and retaking.
7It shall be the duty of the The superintendent and of all
8other officers and employees of any of said hospitals mental
9health institute, in case of the unauthorized departure of
10any involuntarily hospitalized patient, to shall exercise
11all due diligence to take into protective custody and return
12said the patient to the hospital mental health institute.
13A notification by the superintendent of such unauthorized
14departure to any peace officer of the state or to any private
15person shall be sufficient authority to such officer or person
16to take and return such the patient to the hospital mental
17health institute.
18 Sec. 528. Section 226.17, Code 2023, is amended to read as
19follows:
20226.17 Expense attending retaking.
21All actual and necessary expenses incurred in the taking
22into protective custody, restraint, and return to the hospital
23 mental health institute of the patient shall be paid on
24itemized vouchers, sworn to by the claimants and approved by
25the business manager and the administrator director or the
26director’s designee, from any moneys in the state treasury not
27otherwise appropriated.
28 Sec. 529. Section 226.18, Code 2023, is amended to read as
29follows:
30226.18 Investigation as to mental health.
31The administrator director may investigate the mental
32condition of any patient and shall discharge any person, if, in
33the administrator’s director’s opinion, such the person is not
34mentally ill, or can be cared for after such discharge without
35danger to others, and with benefit to the patient; but in. In
-343-1 determining whether such the patient shall be discharged, the
2recommendation of the superintendent shall be secured. If the
3administrator director orders the discharge of an involuntarily
4hospitalized patient, the discharge shall be by the procedure
5prescribed in section 229.16. The power to investigate the
6mental condition of a patient is merely permissive, and does
7not repeal or alter any statute respecting the discharge or
8commitment of patients of the state hospitals mental health
9institutes.
10 Sec. 530. Section 226.22, Code 2023, is amended to read as
11follows:
12226.22 Clothing furnished.
13Upon such discharge, the business manager department shall
14furnish such the person discharged, unless otherwise supplied,
15with suitable clothing and a sum of money not exceeding twenty
16dollars, which shall be charged with the other expenses of such
17 the patient in the hospital mental health institute.
18 Sec. 531. Section 226.23, Code 2023, is amended to read as
19follows:
20226.23 Convalescent leave of patients.
21Upon the recommendation of the superintendent and in
22accordance with section 229.15, subsection 5, in the case of
23an involuntary patient, the administrator director may place
24the patient on convalescent leave said patient for a period not
25to exceed one year, under such conditions as are prescribed by
26said administrator the director.
27 Sec. 532. Section 226.26, Code 2023, is amended to read as
28follows:
29226.26 Dangerous patients.
30The administrator director, on the recommendation of the
31superintendent, and on the application of the relatives or
32friends of a patient who is not cured and who cannot be safely
33allowed to go at liberty, may release the patient when fully
34satisfied that the relatives or friends will provide and
35maintain all necessary supervision, care, and restraint over
-344-1the patient. If the patient being released was involuntarily
2hospitalized, the consent of the district court which ordered
3the patient’s hospitalization placement shall be obtained in
4advance in substantially the manner prescribed by section
5229.14.
6 Sec. 533. Section 226.27, Code 2023, is amended to read as
7follows:
8226.27 Patient accused or acquitted of crime or awaiting
9judgment.
10If a patient was committed to a state hospital mental health
11institute for evaluation or treatment under chapter 812 or the
12rules of criminal procedure, further proceedings shall be had
13under chapter 812 or the applicable rule when the evaluation
14has been completed or the patient has regained mental capacity,
15as the case may be.
16 Sec. 534. Section 226.30, Code 2023, is amended to read as
17follows:
18226.30 Transfer of dangerous patients.
19When a patient of any hospital for persons with mental
20illness health institute becomes incorrigible and unmanageable
21to such an extent that the patient is dangerous to the safety
22of others in the hospital institute, the administrator
23 director, with the consent of the director of the Iowa
24department of corrections, may apply in writing to the district
25court or to any judge thereof of the district court, of
26the county in which the hospital institute is situated, for
27an order to transfer the patient to the Iowa medical and
28classification center and if the order is granted the patient
29shall be so transferred. The county attorney of the county
30shall appear in support of the application on behalf of the
31administrator director.
32 Sec. 535. Section 226.32, Code 2023, is amended to read as
33follows:
34226.32 Overcrowded conditions.
35The administrator director shall order the discharge or
-345-1removal from the hospital mental health institute of incurable
2and harmless patients whenever it is necessary to make room
3for recent cases. If a patient who is to be so discharged
4entered the hospital mental health institute voluntarily, the
5administrator director shall notify the regional administrator
6for the county interested at least ten days in advance of the
7day of actual discharge.
8 Sec. 536. Section 226.33, Code 2023, is amended to read as
9follows:
10226.33 Notice to court.
11When a patient who was hospitalized involuntarily and who
12has not fully recovered is discharged from the hospital mental
13health institute by the administrator director under section
14226.32, notice of the order shall at once be sent to the court
15which ordered the patient’s hospitalization, in the manner
16prescribed by section 229.14.
17 Sec. 537. Section 226.40, Code 2023, is amended to read as
18follows:
19226.40 Emergency patients.
20In case of emergency disaster, with the infliction of
21numerous casualties among the civilian population, the mental
22health institutes are authorized to may accept sick and wounded
23persons without commitment or any other formalities.
24 Sec. 538. Section 226.41, Code 2023, is amended to read as
25follows:
26226.41 Charge permitted.
27The hospital is authorized to make a mental health institute
28may charge for patients admitted under section 226.40, in the
29manner provided by law and subject to the changes provided in
30section 226.42.
31 Sec. 539. Section 226.42, Code 2023, is amended to read as
32follows:
33226.42 Emergency powers of superintendents.
34In case the mental health institutes lose contact with
35the statehouse seat of government, due to enemy action or
-346-1otherwise, the superintendents of the institutes are hereby
2delegated the following powers and duties may do any of the
3following:
41. May collect Collect moneys due the state treasury from
5the counties and from responsible persons or other relatives,
6these funds to be collected monthly, instead of quarterly, and
7to be deposited for use in operating the institutes.
82. The superintendent shall have the power to requisition
9 Requisition supplies, such as food, fuel, drugs and medical
10equipment, from any source available, in the name of the state,
11with the power to and enter into contracts binding the state
12for payment at an indefinite future time.
133. The superintendent shall be authorized to employ Employ
14 personnel in all categories and for whatever remuneration the
15superintendent deems necessary, without regard to existing
16laws, rules, or regulations, in order to permit the institute
17to continue its old existing functions, as well as and meet its
18additional responsibilities.
19 Sec. 540. Section 226.43, Code 2023, is amended to read as
20follows:
21226.43 Fund created.
22There is hereby established at each hospital mental health
23institute a fund known as the “patients’ personal deposit
24fund”.
25 Sec. 541. Section 226.44, Code 2023, is amended to read as
26follows:
27226.44 Deposits.
28Any funds, including social security benefits, coming into
29the possession of the superintendent or any employee of the
30hospital mental health institute belonging to any patient in
31that hospital mental health institute, shall be deposited in
32the name of that patient in the patients’ personal deposit
33fund, except that if a guardian of the property of that patient
34has been appointed, the guardian shall have the right to demand
35and receive such funds. Funds belonging to a patient deposited
-347-1in the patients’ personal deposit fund may be used for the
2purchase of personal incidentals, desires and comforts for the
3patient.
4 Sec. 542. Section 226.45, Code 2023, is amended to read as
5follows:
6226.45 Reimbursement to county or state.
7If a patient is not receiving medical assistance under
8chapter 249A and the amount in the account of any patient
9in the patients’ personal deposit fund exceeds two hundred
10dollars, the business manager of the hospital mental health
11institute may apply any of the excess to reimburse the county
12of residence or the state when the patient is a resident in
13another state or in a foreign country, or when the patient’s
14residence is unknown, for liability incurred by the county or
15the state for the payment of care, support, and maintenance of
16the patient, when billed by the county of residence or by the
17administrator when the patient is a resident in another state
18or in a foreign country, or when the patient’s residence is
19unknown department.
20 Sec. 543. Section 226.46, Code 2023, is amended to read as
21follows:
22226.46 Deposit of fund.
23The business manager department shall deposit the patients’
24personal deposit fund in a commercial account of a bank of
25reputable standing. When deposits in the commercial account
26exceed average monthly withdrawals, the business manager
27 department may deposit the excess at interest. The savings
28account shall be in the name of the patients’ personal deposit
29fund and interest paid thereon on the account may be used for
30recreational purposes at the hospital mental health institute.
31 Sec. 544. Section 227.1, Code 2023, is amended to read as
32follows:
33227.1 Definitions — supervision.
341. For the purposes of this chapter, unless the context
35otherwise requires:
-348- 1a. “Administrator” means the person assigned by the director
2of human services in the appropriate division of the department
3to administer mental health and disability services. “County
4care facility” means a county care facility operated under
5chapter 347B.
6b. “Department” means the department of health and human
7services.
8c. “Director” means the director of health and humans
9services.
10d. “Facility” includes a county care facility and a private
11or county facility, including a hospital, for persons with
12mental illness or an intellectual disability.
13c. e. “Mental health and disability services region” means
14a mental health and disability services region formed in
15accordance with section 331.389.
16f. “Patient” means a person receiving care in a facility or
17a state mental health institute.
18d. g. “Regional administrator” means the regional
19administrator of a mental health and disability services
20region, same as defined in section 331.388.
21h. “Resident” means a person cared for in a county care
22facility.
232. The regulatory requirements for county and private
24institutions facilities where persons with mental illness or
25an intellectual disability are admitted, committed, or placed
26shall be administered by the administrator department.
27 Sec. 545. Section 227.2, Code 2023, is amended to read as
28follows:
29227.2 Inspection.
301. The director of inspections and appeals shall make,
31or cause to be made, at least one licensure inspection each
32year of every county care facility. Either the administrator
33of the division director or the director of the department
34of inspections and appeals, in cooperation with each other,
35upon receipt of a complaint or for good cause, may make, or
-349-1cause to be made, a review of a county care facility or of any
2other private or county institution facility where persons with
3mental illness or an intellectual disability are admitted or
4 reside. A licensure inspection or a review shall be made by
5a competent and disinterested person who is acquainted with
6and interested in the care of persons with mental illness
7and persons with an intellectual disability. The objective
8of a licensure inspection or a review shall be an evaluation
9of the programming and treatment provided by the facility.
10After each licensure inspection of a county care facility,
11the person who made the inspection shall consult with the
12regional administrator for the county in which the facility is
13located on plans and practices that will improve the care given
14patients residents. The person shall also make recommendations
15to the administrator of the division and the director of
16public health for coordinating and improving the relationships
17between the administrators of county care facilities, the
18administrator of the division, the director of public health,
19 the superintendents of state mental health institutes and
20resource centers, community mental health centers, mental
21health and disability services regions, and other cooperating
22agencies, to cause improved and more satisfactory care of
23patients. A written report of each licensure inspection of a
24county care facility under this section shall be filed by the
25person with the administrator of the division and the director
26of public health department and shall include:
27a. The capacity of the institution facility for the care of
28residents.
29b. The number, sex, ages, and primary diagnoses of the
30residents.
31c. The care of residents, their food, clothing, treatment
32plan, employment, and opportunity for recreational activities
33and for productive work intended primarily as therapeutic
34activity.
35d. The number, job classification, sex, duties, and salaries
-350-1of all employees.
2e. The cost to the state or county of maintaining residents
3in a county care facility.
4f. The recommendations given to and received from the
5regional administrator on methods and practices that will
6improve the conditions under which the county care facility is
7operated.
8g. Any failure to comply with standards adopted under
9section 227.4 for care of persons with mental illness and
10persons with an intellectual disability in county care
11facilities, which is not covered in information submitted
12pursuant to paragraphs “a” through “f”, and any other matters
13which the director of public health, in consultation with the
14administrator of the division, may require.
152. A copy of the written report prescribed by subsection 1
16shall be furnished to the county board of supervisors, to the
17regional administrator for the county, to the administrator
18of the county care facility inspected and to its certified
19volunteer long-term care ombudsman, and to the department on
20aging.
213. The department of inspections and appeals shall inform
22the administrator of the division department of an action by
23the department of inspections and appeals to suspend, revoke,
24or deny renewal of a license issued by the department of
25inspections and appeals to a county care facility, and the
26reasons for the action.
274. In addition to the licensure inspections required or
28authorized by this section, the administrator of the division
29 department shall cause to be made an evaluation of each person
30cared for in a county care facility at least once each year by
31one or more qualified mental health, intellectual disability,
32or medical professionals, whichever is appropriate.
33a. It is the responsibility of the state to secure the
34annual evaluation for each person who is on convalescent leave
35or who has not been discharged from a state mental health
-351-1institute. It is the responsibility of the county to secure
2the annual evaluation for all other persons with mental illness
3in the county care facility.
4b. It is the responsibility of the state to secure the
5annual evaluation for each person who is on leave and has
6not been discharged from a state resource center. It is the
7responsibility of the county to secure the annual evaluation
8for all other persons with an intellectual disability in the
9county care facility.
10c. It is the responsibility of the county to secure an
11annual evaluation of each resident of a county care facility to
12whom neither paragraph “a” nor paragraph “b” is applicable.
135. The evaluations required by subsection 4 shall include
14an examination of each person which shall reveal the person’s
15condition of mental and physical health and the likelihood
16of improvement or discharge and other recommendations
17concerning the care of those persons as the evaluator deems
18pertinent. One copy of the evaluation shall be filed with the
19administrator of the division department and one copy shall be
20filed with the administrator of the county care facility.
21 Sec. 546. Section 227.3, Code 2023, is amended to read as
22follows:
23227.3 Residents to have hearing Resident and patient input.
24The inspector conducting any licensure inspection or review
25under section 227.2 shall give each resident or patient an
26opportunity to converse with the inspector out of the hearing
27of any officer or employee of the institution facility, and
28shall fully investigate all complaints and report the result in
29writing to the administrator of the division department. The
30administrator department before acting on the report adversely
31to the institution facility, shall give the persons in charge a
32copy of the report and an opportunity to be heard.
33 Sec. 547. Section 227.4, Code 2023, is amended to read as
34follows:
35227.4 Standards for care of persons with mental illness or an
-352-1intellectual disability in county care facilities.
2The administrator department, in cooperation with the
3department of inspections and appeals, shall recommend
4and the mental health and disability services commission
5created in section 225C.5 shall adopt, or amend and adopt,
6standards for the care of and services to persons with
7mental illness or an intellectual disability residing in
8county care facilities. The standards shall be enforced by
9the department of inspections and appeals as a part of the
10licensure inspection conducted pursuant to chapter 135C. The
11objective of the standards is to ensure that persons with
12mental illness or an intellectual disability who are residents
13of county care facilities are not only adequately fed, clothed,
14and housed, but are also offered reasonable opportunities for
15productive work and recreational activities suited to their
16physical and mental abilities and offering both a constructive
17outlet for their energies and, if possible, therapeutic
18benefit. When recommending standards under this section, the
19administrator department shall designate an advisory committee
20representing administrators of county care facilities, regional
21administrators, mental health and disability services region
22governing boards, and county care facility certified volunteer
23long-term care ombudsmen to assist in the establishment of
24standards.
25 Sec. 548. Section 227.6, Code 2023, is amended to read as
26follows:
27227.6 Removal of residents or patients.
28If a county care facility fails to comply with rules and
29standards adopted under this chapter, the administrator
30 department may remove all persons with mental illness and
31all persons with an intellectual disability cared for in
32the county care facility at public expense, to the proper
33state mental health institute or resource center, or to
34some private or county institution or hospital facility for
35the care of persons with mental illness or an intellectual
-353-1disability that has complied with the rules prescribed by
2the administrator department. Residents being transferred
3to a state mental health institute or resource center shall
4be accompanied by an attendant or attendants sent from the
5institute or resource center. If a resident is transferred
6under this section, at least one attendant shall be of the
7same sex. If the administrator department finds that the
8needs of residents patients with mental illness and residents
9 patients with an intellectual disability of any other county
10or private institution facility are not being adequately met,
11those residents patients may be removed from that institution
12 facility upon order of the administrator department.
13 Sec. 549. Section 227.7, Code 2023, is amended to read as
14follows:
15227.7 Cost — collection from county.
16The cost of such removal, including all expenses of said
17 the attendant, shall be certified by the superintendent of the
18hospital facility receiving the patient, to the director of
19the department of administrative services, who shall draw a
20warrant upon the treasurer of state for said sum the amount,
21which shall be credited to the support fund of said hospital
22 the facility and charged against the general revenues of the
23state and collected by the director of the department of
24administrative services from the county which sent said the
25 patient to said institution the facility.
26 Sec. 550. Section 227.8, Code 2023, is amended to read as
27follows:
28227.8 Notification to guardians.
29The administrator department shall notify the guardian,
30or one or more of the relatives, of patients kept at private
31expense, of all violations of said the rules by said the
32 private or county institutions facilities, and of the action of
33the administrator department as to all other patients.
34 Sec. 551. Section 227.9, Code 2023, is amended to read as
35follows:
-354- 1227.9 Investigating mental health.
2Should When the administrator believe department determines
3 that any person in any such county or private institution
4 facility is in good mental health, or illegally restrained
5of liberty, the administrator department shall institute and
6prosecute proceedings in the name of the state, before the
7proper officer, board, or court, for the discharge of such the
8 person.
9 Sec. 552. Section 227.10, Code 2023, is amended to read as
10follows:
11227.10 Transfers from county or private institutions
12 facilities.
13Patients who have been admitted at public expense to any
14institution facility to which this chapter is applicable may
15be involuntarily transferred to the proper state hospital for
16persons with mental illness health institute in the manner
17prescribed by sections 229.6 through 229.13. The application
18required by section 229.6 may be filed by the administrator
19of the division director or the administrator’s director’s
20 designee, or by the administrator of the institution facility
21 where the patient is then being maintained or treated.
22If the patient was admitted to that institution facility
23 involuntarily, the administrator of the division department
24 may arrange and complete the transfer, and shall report it
25as required of a chief medical officer under section 229.15,
26subsection 5. The transfer shall be made at the mental health
27and disability services region’s expense, and the expense
28recovered, as provided in section 227.7. However, transfer
29under this section of a patient whose expenses are payable
30in whole or in part by the mental health and disability
31services region is subject to an authorization for the transfer
32through the regional administrator for the patient’s county of
33residence.
34 Sec. 553. Section 227.11, Code 2023, is amended to read as
35follows:
-355- 1227.11 Transfers from state hospitals mental health
2institutes.
3A regional administrator for the county chargeable with
4the expense of a patient in a state hospital for persons with
5 mental illness health institute shall transfer the patient
6to a county or private institution facility for persons with
7mental illness that is in compliance with the applicable
8rules when the administrator of the division director or the
9administrator’s director’s designee orders the transfer on a
10finding that the patient is suffering from a serious mental
11illness and will receive equal benefit by being so transferred.
12A mental health and disability services region shall transfer
13to a county care facility any patient in a state hospital for
14persons with mental illness health institute upon request
15of the superintendent of the state hospital mental health
16institute in which the patient is confined pursuant to the
17superintendent’s authority under section 229.15, subsection 5,
18and approval by the regional administrator for the county of
19the patient’s residence. In no case shall a patient be thus
20 transferred except upon compliance with section 229.14A or
21without the written consent of a relative, friend, or guardian
22if such relative, friend, or guardian pays the expense of
23the care of such patient in a state hospital mental health
24institute. Patients transferred to a public or private
25facility under this section may subsequently be placed on
26convalescent or limited leave or transferred to a different
27facility for continued full-time custody, care, and treatment
28when, in the opinion of the attending physician or the chief
29medical officer of the hospital facility from which the patient
30was so transferred, the best interest of the patient would be
31served by such the leave or transfer. For any patient who is
32involuntarily committed, any transfer made under this section
33is subject to the placement hearing requirements of section
34229.14A.
35 Sec. 554. Section 227.12, Code 2023, is amended to read as
-356-1follows:
2227.12 Difference of opinion.
3When a difference of opinion exists between the
4administrator of the division director and the authorities in
5charge of any private or county hospital facility in regard to
6the transfer of a patient as provided in sections 227.10 and
7227.11, the matter shall be submitted to the district court
8of the county in which such hospital the facility is situated
9and shall be summarily tried as an equitable action, and the
10judgment of the district court shall be final.
11 Sec. 555. Section 227.13, Code 2023, is amended to read as
12follows:
13227.13 Discharge of transferred patient.
14Patients transferred from a state hospital mental health
15institute to such county or private institutions facilities
16 shall not be discharged, when not cured, without the consent of
17the administrator of the division director.
18 Sec. 556. Section 227.14, Code 2023, is amended to read as
19follows:
20227.14 Caring for persons with mental illness from other
21counties.
22The regional administrator for a county that does not have
23proper facilities for caring for persons with mental illness
24may, with the consent of the administrator of the division
25 department, provide for such care at the expense of the mental
26health and disability services region in any convenient and
27proper county or private institution facility for persons with
28mental illness which is willing to receive the persons.
29 Sec. 557. Section 227.15, Code 2023, is amended to read as
30follows:
31227.15 Authority to involuntarily confine in hospital.
32No A person shall not be involuntarily confined and
33restrained in any private institution or hospital or county
34hospital facility or other general hospital with a psychiatric
35ward for the care or treatment of persons with mental illness,
-357-1except by the procedure prescribed in sections 229.6 through
2229.15.
3 Sec. 558. Section 229.1, Code 2023, is amended to read as
4follows:
5229.1 Definitions.
6As used in this chapter, unless the context clearly requires
7otherwise:
81. “Administrator” means the administrator of the department
9of human services assigned, in accordance with section
10218.1, to control the state mental health institutes, or that
11administrator’s designee.
122. 1. “Advocate” means a mental health advocate.
133. 2. “Auditor” means the county auditor or the auditor’s
14designee.
154. 3. “Chemotherapy” means treatment of an individual by
16use of a drug or substance which cannot legally be delivered
17or administered to the ultimate user without a physician’s
18prescription or medical order.
195. 4. “Chief medical officer” means the medical director in
20charge of a public or private hospital, or that individual’s
21physician-designee. This chapter does not negate the authority
22otherwise reposed by law in the respective superintendents
23of each of the state hospitals for persons with mental
24illness health institutes, established by chapter 226, to
25make decisions regarding the appropriateness of admissions or
26discharges of patients of that hospital, state mental health
27institute; however, it is the intent of this chapter that if
28the superintendent is not a licensed physician the decisions by
29the superintendent shall be corroborated by the chief medical
30officer of the hospital mental health institute.
316. 5. “Clerk” means the clerk of the district court.
326. “Department” means the department of health and human
33services.
347. “Director” means the director of health and human
35services.
-358- 17. 8. “Hospital” means either a public hospital or a
2private hospital.
38. 9. “Licensed physician” means an individual licensed
4under the provisions of chapter 148 to practice medicine and
5surgery or osteopathic medicine and surgery.
69. 10. “Magistrate” means the same as defined in section
7801.4, subsection 10.
810. 11. “Mental health and disability services region”
9means a mental health and disability services region formed in
10accordance with section 331.389.
1111. 12. “Mental health professional” means the same as
12defined in section 228.1.
1312. 13. “Mental illness” means every type of mental
14disease or mental disorder, except that it does not refer to
15an intellectual disability as defined in section 4.1, or to
16insanity, diminished responsibility, or mental incompetency as
17the terms are defined and used in the Iowa criminal code or in
18the rules of criminal procedure, Iowa court rules.
1913. 14. “Patient” means a person who has been hospitalized
20or ordered hospitalized to receive treatment pursuant to
21section 229.14.
2214. 15. “Private hospital” means any hospital or
23institution facility not directly supported by public funds, or
24a part thereof of such hospital or facility, which is equipped
25and staffed to provide inpatient care to persons with mental
26illness.
2715. 16. “Psychiatric advanced registered nurse practitioner”
28means an individual currently licensed as a registered nurse
29under chapter 152 or 152E who holds a national certification in
30psychiatric mental health care and who is licensed by the board
31of nursing as an advanced registered nurse practitioner.
3216. 17. “Public hospital” means any of the following:
33a. A state mental health institute established by chapter
34226; or.
35b. The state psychiatric hospital established by chapter
-359-1225; or.
2c. Any other publicly supported hospital or institution
3 facility, or part of such hospital or institution facility,
4which is equipped and staffed to provide inpatient care to
5persons with mental illness, except the Iowa medical and
6classification center established by chapter 904.
717. 18. “Region” means a mental health and disability
8services region formed in accordance with section 331.389.
918. 19. “Regional administrator” means the regional
10administrator of a mental health and disability services
11region, same as defined in section 331.388.
1219. 20. “Respondent” means any person against whom an
13application has been filed under section 229.6, but who has not
14been finally ordered committed for full-time custody, care, and
15treatment in a hospital.
1620. 21. “Serious emotional injury” is an injury which does
17not necessarily exhibit any physical characteristics, but which
18can be recognized and diagnosed by a licensed physician or
19other mental health professional and which can be causally
20connected with the act or omission of a person who is, or is
21alleged to be, mentally ill.
2221. 22. “Seriously mentally impaired” or “serious mental
23impairment” describes the condition of a person with mental
24illness and because of that illness lacks sufficient judgment
25to make responsible decisions with respect to the person’s
26hospitalization or treatment, and who because of that illness
27meets any of the following criteria:
28a. Is likely to physically injure the person’s self or
29others if allowed to remain at liberty without treatment.
30b. Is likely to inflict serious emotional injury on
31members of the person’s family or others who lack reasonable
32opportunity to avoid contact with the person with mental
33illness if the person with mental illness is allowed to remain
34at liberty without treatment.
35c. Is unable to satisfy the person’s needs for nourishment,
-360-1clothing, essential medical care, or shelter so that it is
2likely that the person will suffer physical injury, physical
3debilitation, or death.
4d. Has a history of lack of compliance with treatment and
5any of the following apply applies:
6(1) Lack of compliance has been a significant factor in the
7need for emergency hospitalization.
8(2) Lack of compliance has resulted in one or more acts
9causing serious physical injury to the person’s self or others
10or an attempt to physically injure the person’s self or others.
11 Sec. 559. Section 229.2, subsection 1, paragraph b,
12subparagraphs (1) and (2), Code 2023, are amended to read as
13follows:
14(1) Upon receipt of an application for voluntary admission
15of a minor, the chief medical officer shall provide separate
16prescreening interviews and consultations with the parent,
17guardian, or custodian and the minor to assess the family
18environment and the appropriateness of the application for
19admission.
20(2) During the interview and consultation the chief medical
21officer shall inform the minor orally and in writing that the
22minor has a right to object to the admission. If the chief
23medical officer of the hospital to which application is made
24determines that the admission is appropriate but the minor
25objects to the admission, the parent, guardian, or custodian
26must petition the juvenile court for approval of the admission
27before the minor is actually admitted.
28 Sec. 560. Section 229.4, Code 2023, is amended to read as
29follows:
30229.4 Right to release on application.
31A voluntary patient who requests release or whose release
32is requested, in writing, by the patient’s legal guardian,
33parent, spouse, or adult next of kin shall be released from the
34hospital forthwith, except that in accordance with all of the
35following, as applicable:
-361- 11. If the patient was admitted on the patient’s own
2application and the request for release is made by some other
3person, release may be conditioned upon the agreement of the
4patient.
52. If the patient is a minor who was admitted on the
6application of the patient’s parent, guardian, or custodian
7pursuant to section 229.2, subsection 1, the patient’s release
8prior to becoming eighteen years of age may be conditioned upon
9the consent of the parent, guardian, or custodian, or upon the
10approval of the juvenile court if the admission was approved by
11the juvenile court; and.
123. If the chief medical officer of the hospital, not later
13than the end of the next secular day on which the office of
14the clerk of the district court for the county in which the
15hospital is located is open and which follows the submission
16of the written request for release of the patient, files with
17that clerk a certification that in the chief medical officer’s
18opinion the patient is seriously mentally impaired, the release
19may be postponed for the period of time the court determines
20is necessary to permit commencement of judicial procedure
21for involuntary hospitalization. That period of time may
22not exceed five days, exclusive of days on which the clerk’s
23office is not open unless the period of time is extended by
24order of a district court judge for good cause shown. Until
25disposition of the application for involuntary hospitalization
26of the patient is determined, if one an application is timely
27filed, the chief medical officer may detain the patient in
28the hospital and may provide treatment which is necessary
29to preserve the patient’s life, or to appropriately control
30behavior by the patient which is likely to result in physical
31injury to the patient or to others if allowed to continue, but
32may not otherwise provide treatment to the patient without the
33patient’s consent.
34 Sec. 561. Section 229.6, subsection 1, Code 2023, is amended
35to read as follows:
-362- 11. Proceedings for the involuntary hospitalization of an
2individual pursuant to this chapter or for the involuntary
3commitment or treatment of a person with a substance-related
4 substance use disorder to a facility pursuant to chapter
5125 may be commenced by any interested person by filing a
6verified application with the clerk of the district court of
7the county where the respondent is presently located, or which
8is the respondent’s place of residence. The clerk, or the
9clerk’s designee, shall assist the applicant in completing the
10application.
11 Sec. 562. Section 229.6, subsection 2, paragraph a,
12subparagraph (1), Code 2023, is amended to read as follows:
13(1) A substance-related substance use disorder as defined
14in section 125.2.
15 Sec. 563. Section 229.8, Code 2023, is amended to read as
16follows:
17229.8 Procedure after application is filed.
18As soon as practicable after the filing of an application
19pursuant to section 229.6, the court shall do all of the
20following:
211. Determine whether the respondent has an attorney
22who is able and willing to represent the respondent in the
23hospitalization proceeding, and if not, whether the respondent
24is financially able to employ an attorney and capable of
25meaningfully assisting in selecting one. In accordance with
26those determinations, the court shall if necessary allow the
27respondent to select, or shall assign to the respondent, an
28attorney. If the respondent is financially unable to pay an
29attorney, the attorney shall be compensated by the mental
30health and disability services region at an hourly rate to be
31established by the regional administrator for the county in
32which the proceeding is held in substantially the same manner
33as provided in section 815.7.
342. Cause copies of the application and supporting
35documentation to be sent to the county attorney or the county
-363-1attorney’s attorney-designate for review.
23. Issue a written order which shall provide for all of the
3following:
4a. If not previously done, set a time and place for a
5hospitalization hearing, which shall be at the earliest
6practicable time not less than forty-eight hours after notice
7to the respondent, unless the respondent waives such minimum
8prior notice requirement; and.
9b. Order an examination of the respondent, prior to
10the hearing, by one or more licensed physicians or mental
11health professionals who shall submit a written report on the
12examination to the court as required by section 229.10.
13 Sec. 564. Section 229.11, subsection 1, Code 2023, is
14amended to read as follows:
151. If the applicant requests that the respondent be taken
16into immediate custody and the judge, upon reviewing the
17application and accompanying documentation, finds probable
18cause to believe that the respondent has a serious mental
19impairment and is likely to injure the respondent or other
20persons if allowed to remain at liberty, the judge may enter
21a written order directing that the respondent be taken into
22immediate custody by the sheriff or the sheriff’s deputy
23and be detained until the hospitalization hearing. The
24hospitalization hearing shall be held no more than five days
25after the date of the order, except that if the fifth day after
26the date of the order is a Saturday, Sunday, or a holiday, the
27hearing may be held on the next succeeding business day. If
28the expenses of a respondent are payable in whole or in part by
29a mental health and disability services region, for a placement
30in accordance with paragraph “a”, the judge shall give notice of
31the placement to the regional administrator for the county in
32which the court is located, and for a placement in accordance
33with paragraph “b” or “c”, the judge shall order the placement
34in a hospital or facility designated through the regional
35administrator. The judge may order the respondent detained for
-364-1the period of time until the hearing is held, and no longer,
2in accordance with paragraph “a”, if possible, and if not then
3in accordance with paragraph “b”, or, only if neither of these
4alternatives is available, in accordance with paragraph “c”.
5Detention may be in any of the following:
6a. In the custody of a relative, friend, or other suitable
7person who is willing to accept responsibility for supervision
8of the respondent, and the respondent may be placed under
9such reasonable restrictions as the judge may order including
10but not limited to restrictions on or a prohibition of any
11expenditure, encumbrance, or disposition of the respondent’s
12funds or property; or.
13b. In a suitable hospital the chief medical officer of
14which shall be informed of the reasons why immediate custody
15has been ordered and may provide treatment which is necessary
16to preserve the respondent’s life, or to appropriately control
17behavior by the respondent which is likely to result in
18physical injury to the respondent or to others if allowed
19to continue, but may not otherwise provide treatment to the
20respondent without the respondent’s consent; or.
21c. In the nearest facility in the community which is
22licensed to care for persons with mental illness or substance
23abuse use disorder, provided that detention in a jail or other
24facility intended for confinement of those accused or convicted
25of crime shall not be ordered.
26 Sec. 565. Section 229.13, subsection 1, paragraph b, Code
272023, is amended to read as follows:
28b. The court shall order any other respondent placed under
29the care of an appropriate hospital or facility licensed to
30care for persons with mental illness or substance abuse use
31disorder on an inpatient or outpatient basis.
32 Sec. 566. Section 229.15, subsections 4 and 5, Code 2023,
33are amended to read as follows:
344. When a patient has been placed in an alternative facility
35other than a hospital pursuant to a report issued under section
-365-1229.14, subsection 1, paragraph “d”, a report on the patient’s
2condition and prognosis shall be made to the court which placed
3the patient, at least once every six months, unless the court
4authorizes annual reports. If an evaluation of the patient is
5performed pursuant to section 227.2, subsection 4, a copy of
6the evaluation report shall be submitted to the court within
7fifteen days of the evaluation’s completion. The court may
8in its discretion waive the requirement of an additional
9report between the annual evaluations. If the administrator
10 department exercises the authority to remove residents or
11patients from a county care facility or other county or private
12institution facility under section 227.6, the administrator
13 department shall promptly notify each court which placed in
14that facility any resident so or patient removed.
155. a. When in the opinion of the chief medical officer the
16best interest of a patient would be served by a convalescent
17or limited leave, the chief medical officer may authorize the
18leave and, if authorized, shall promptly report the leave to
19the court. When in the opinion of the chief medical officer
20the best interest of a patient would be served by a transfer
21to a different hospital for continued full-time custody, care,
22and treatment, the chief medical officer shall promptly send
23a report to the court. The court shall act upon the report in
24accordance with section 229.14A.
25b. This subsection shall not be construed to add to or
26restrict the authority otherwise provided by law for transfer
27of patients or residents among various state institutions
28administered by the department of human services. If a patient
29is transferred under this subsection, the treatment provider to
30whom the patient is transferred shall be provided with copies
31of relevant court orders by the former treatment provider.
32 Sec. 567. Section 229.19, subsection 1, paragraphs a and e,
33Code 2023, are amended to read as follows:
34a. In each county the board of supervisors shall appoint
35an individual who has demonstrated by prior activities an
-366-1informed concern for the welfare and rehabilitation of persons
2with mental illness, and who is not an officer or employee
3of the department of human services, an officer or employee
4of a region, an officer or employee of a county performing
5duties for a region, or an officer or employee of any agency
6or facility providing care or treatment to persons with mental
7illness, to act as an advocate representing the interests of
8patients involuntarily hospitalized by the court, in any matter
9relating to the patients’ hospitalization or treatment under
10section 229.14 or 229.15.
11e. An advocate may also be assigned pursuant to this section
12for an individual who has been diagnosed with a co-occurring
13mental illness and substance-related substance use disorder.
14 Sec. 568. Section 229.21, Code 2023, is amended to read as
15follows:
16229.21 Judicial hospitalization referee — appeals to
17district court.
181. The chief judge of each judicial district may appoint
19at least one judicial hospitalization referee for each county
20within the district. The judicial hospitalization referee
21shall be an attorney, licensed to practice law in this state,
22who shall be chosen with consideration to any training,
23experience, interest, or combination of those factors, which
24are pertinent to the duties of the office. The referee
25shall hold office at the pleasure of the chief judge of the
26judicial district and receive compensation at a rate fixed by
27the supreme court. If the referee expects to be absent for
28any significant length of time, the referee shall inform the
29chief judge who may appoint a temporary substitute judicial
30hospitalization referee having the qualifications set forth in
31this subsection.
322. When an application for involuntary hospitalization
33under section 229.6 or for involuntary commitment or treatment
34of persons with substance-related disorders a substance
35use disorder under section 125.75 is filed with the clerk
-367-1of the district court in any county for which a judicial
2hospitalization referee has been appointed, and no district
3judge, district associate judge, or magistrate who is admitted
4to the practice of law in this state is accessible, the clerk
5shall immediately notify the referee in the manner required by
6section 229.7 or section 125.77. The referee shall discharge
7all of the duties imposed upon the court by sections 229.7
8through 229.19, this section, and section 229.22 or sections
9125.75 through 125.94 in the proceeding so initiated. Subject
10to the provisions of subsection 4, orders issued by a referee,
11in discharge of duties imposed under this section, shall have
12the same force and effect as if ordered by a district judge.
13However, any commitment to a facility regulated and operated
14under chapter 135C shall be in accordance with section 135C.23.
153. a. Any respondent with respect to whom the magistrate
16or judicial hospitalization referee has found the contention
17that the respondent is seriously mentally impaired or a person
18with a substance-related substance use disorder sustained by
19clear and convincing evidence presented at a hearing held
20under section 229.12 or section 125.82, may appeal from the
21magistrate’s or referee’s finding to a judge of the district
22court by giving the clerk notice in writing, within ten days
23after the magistrate’s or referee’s finding is made, that an
24appeal is taken. The appeal may be signed by the respondent or
25by the respondent’s next friend, guardian, or attorney.
26b. An order of a magistrate or judicial hospitalization
27referee with a finding that the respondent is seriously
28mentally impaired or a person with a substance-related
29 substance use disorder shall include the following notice,
30located conspicuously on the face of the order:
31NOTE: The respondent may appeal from this order to a judge of
32the district court by giving written notice of the appeal to
33the clerk of the district court within ten days after the date
34of this order. The appeal may be signed by the respondent or
35by the respondent’s next friend, guardian, or attorney. For a
-368-1more complete description of the respondent’s appeal rights,
2consult section 229.21 of the Code of Iowa or an attorney.
3c. When appealed, the matter shall stand for trial de novo.
4Upon appeal, the court shall schedule a hospitalization or
5commitment hearing before a district judge at the earliest
6practicable time.
7d. Any respondent with respect to whom the magistrate or
8judicial hospitalization referee has held a placement hearing
9and has entered a placement order may appeal the order to a
10judge of the district court. The request for appeal must be
11given to the clerk in writing within ten days of the entry of
12the magistrate’s or referee’s order. The request for appeal
13shall be signed by the respondent, or the respondent’s next
14friend, guardian, or attorney.
154. If the appellant is in custody under the jurisdiction
16of the district court at the time of service of the notice of
17appeal, the appellant shall be discharged from custody unless
18an order that the appellant be taken into immediate custody has
19previously been issued under section 229.11 or section 125.81,
20in which case the appellant shall be detained as provided in
21that section until the hospitalization or commitment hearing
22before the district judge. If the appellant is in the custody
23of a hospital or facility at the time of service of the notice
24of appeal, the appellant shall be discharged from custody
25pending disposition of the appeal unless the chief medical
26officer, not later than the end of the next secular day on
27which the office of the clerk is open and which follows service
28of the notice of appeal, files with the clerk a certification
29that in the chief medical officer’s opinion the appellant is
30seriously mentally ill or a person with a substance-related
31 substance use disorder. In that case, the appellant shall
32remain in custody of the hospital or facility until the
33hospitalization or commitment hearing before the district
34court.
355. The hospitalization or commitment hearing before the
-369-1district judge shall be held, and the judge’s finding shall
2be made and an appropriate order entered, as prescribed by
3sections 229.12 and 229.13 or sections 125.82 and 125.83.
4If the judge orders the appellant hospitalized or committed
5for a complete psychiatric or substance abuse use disorder
6 evaluation, jurisdiction of the matter shall revert to the
7judicial hospitalization referee.
8 Sec. 569. Section 229.23, subsection 3, Code 2023, is
9amended to read as follows:
103. In addition to protection of the person’s constitutional
11rights, enjoyment of other legal, medical, religious, social,
12political, personal and working rights and privileges which
13the person would enjoy if the person were not so hospitalized
14or detained, so far as is possible consistent with effective
15treatment of that person and of the other patients of the
16hospital. If the patient’s rights are restricted, the
17physician’s or mental health professional’s direction to
18that effect shall be noted on the patient’s record. The
19department of human services shall, in accordance with chapter
2017A establish rules setting forth the specific rights and
21privileges to which persons so hospitalized or detained are
22entitled under this section, and the exceptions provided by
23section 17A.2, subsection 11, paragraphs “a” and “k”, shall not
24be applicable to the rules so established. The patient or the
25patient’s next of kin or friend shall be advised of these rules
26and be provided a written copy upon the patient’s admission to
27or arrival at the hospital.
28 Sec. 570. Section 229.24, subsection 1, Code 2023, is
29amended to read as follows:
301. All papers and records pertaining to any involuntary
31hospitalization or application pursuant to section 229.6 of any
32person under this chapter, whether part of the permanent record
33of the court or of a file in the department of human services,
34are subject to inspection only upon an order of the court for
35good cause shown.
-370-1 Sec. 571. Section 229.26, Code 2023, is amended to read as
2follows:
3229.26 Exclusive procedure for involuntary hospitalization.
4Sections 229.6 through 229.19 constitute the exclusive
5procedure for involuntary hospitalization of persons by reason
6of serious mental impairment in this state, except that this
7chapter does not negate the provisions of section 904.503
8relating to transfer of prisoners with mental illness to state
9hospitals for persons with mental illness health institutes and
10does not apply to commitments of persons under chapter 812 or
11the rules of criminal procedure, Iowa court rules, or negate
12the provisions of section 232.51 relating to disposition of
13children with mental illness.
14 Sec. 572. Section 229.27, subsection 3, Code 2023, is
15amended to read as follows:
163. A hearing limited to the question of the person’s
17competence and conducted in substantially the manner prescribed
18in sections 633.552, 633.556, 633.558, and 633.560 shall be
19held when any of the following circumstances applies:
20a. The court is petitioned or proposes upon its own motion
21to find incompetent by reason of mental illness a person whose
22involuntary hospitalization has been ordered under section
23229.13 or 229.14, and who contends that the person is not
24incompetent; or.
25b. A person previously found incompetent by reason of mental
26illness under subsection 2 petitions the court for a finding
27that the person is no longer incompetent and, after notice to
28the applicant who initiated the petition for hospitalization
29of the person and to any other party as directed by the court,
30an objection is filed with the court. The court may order a
31hearing on its own motion before acting on a petition filed
32under this paragraph. A petition by a person for a finding
33that the person is no longer incompetent may be filed at any
34time without regard to whether the person is at that time
35hospitalized for treatment of mental illness.
-371-1 Sec. 573. Section 229.41, Code 2023, is amended to read as
2follows:
3229.41 Voluntary admission — state mental health institute.
4Persons making application pursuant to section 229.2 on
5their own behalf or on behalf of another person who is under
6eighteen years of age, if the person whose admission is sought
7is received for observation and treatment on the application,
8shall be required to pay the costs of hospitalization at rates
9established by the administrator department. The costs may
10be collected weekly in advance and shall be payable at to the
11business office of the hospital state mental health institute.
12The collections shall be remitted to the department of human
13services monthly to be credited to the general fund of the
14state.
15 Sec. 574. Section 229.42, Code 2023, is amended to read as
16follows:
17229.42 Costs paid by county — state mental health institute.
181. If a person wishing to make application for voluntary
19admission to a state mental hospital established by chapter 226
20health institute is unable to pay the costs of hospitalization
21or those responsible for the person are unable to pay the
22costs, application for authorization of voluntary admission
23must be made through a regional administrator before
24application for admission is made to the hospital state mental
25health institute. The person’s county of residence shall
26be determined through the regional administrator and if the
27admission is approved through the regional administrator, the
28person’s admission to a state mental health hospital institute
29 shall be authorized as a voluntary case. The authorization
30shall be issued on forms provided by the department of human
31services’ administrator. The costs of the hospitalization
32shall be paid by the county of residence through the regional
33administrator to the department of human services and credited
34to the general fund of the state, provided that the state
35 mental health hospital institute rendering the services has
-372-1certified to the county auditor of the county of residence and
2the regional administrator the amount chargeable to the mental
3health and disability services region and has sent a duplicate
4statement of the charges to the department of human services.
5A mental health and disability services region shall not be
6billed for the cost of a patient unless the patient’s admission
7is authorized through the regional administrator. The state
8 mental health institute and the regional administrator shall
9work together to locate appropriate alternative placements
10and services, and to educate patients and family members of
11patients regarding such alternatives.
122. All the provisions of chapter 230 shall apply to such the
13 voluntary patients so far as is to the extent applicable.
143. The provisions of this section and of section 229.41
15shall apply to all voluntary inpatients or outpatients
16receiving mental health services either away from or at the
17institution state mental health institute.
184. If a county fails to pay the billed charges within
19forty-five days from the date the county auditor received the
20certification statement from the superintendent, the department
21of human services shall charge the delinquent county the
22penalty of one percent per month on and after forty-five days
23from the date the county received the certification statement
24until paid. The penalties received shall be credited to the
25general fund of the state.
26 Sec. 575. Section 229.43, Code 2023, is amended to read as
27follows:
28229.43 Nonresident patients — state mental health
29institutes.
30The administrator department may place patients of state
31 mental health institutes who are nonresidents on convalescent
32leave to a private sponsor or in a health care facility
33licensed under chapter 135C, when in the opinion of the
34administrator director the placement is in the best interests
35of the patient and the state of Iowa. If the patient was
-373-1involuntarily hospitalized, the district court which ordered
2hospitalization of the patient must shall be informed when the
3patient is placed on convalescent leave, as required by section
4229.15, subsection 5.
5 Sec. 576. Section 229.45, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7The department of human services, in consultation with
8the office of attorney general, shall develop a summary of
9the procedures involved in an involuntary commitment and
10information concerning the participation of an applicant in the
11proceedings. The summary shall be provided by the department,
12at the department’s expense, to the clerks of the district
13court who shall make the summary available to all applicants
14prior to the filing of a verified application, or to any other
15person upon request, and who shall attach a copy of the summary
16to the notice of hearing which is served upon the respondent
17under section 125.77 or 229.7. The summary may include, but is
18not limited to, the following:
19 Sec. 577. Section 229A.2, Code 2023, is amended to read as
20follows:
21229A.2 Definitions.
22As used in this chapter:
231. “Agency with jurisdiction” means an agency which has
24custody of or releases a person serving a sentence or term
25of confinement or is otherwise in confinement based upon a
26lawful order or authority, and includes but is not limited to
27the department of corrections, the department of health and
28 human services, a judicial district department of correctional
29services, and the Iowa board of parole.
302. “Appropriate secure facility” means a state facility that
31is designed to confine but not necessarily to treat a sexually
32violent predator.
333. “Convicted” means found guilty of, pleads guilty
34to, or is sentenced or adjudicated delinquent for an act
35which is an indictable offense in this state or in another
-374-1jurisdiction including in a federal, military, tribal, or
2foreign court, including but not limited to a juvenile who has
3been adjudicated delinquent, whether or not the juvenile court
4records have been sealed under section 232.150, and a person
5who has received a deferred sentence or a deferred judgment
6or has been acquitted by reason of insanity. “Convicted”
7includes the conviction of a juvenile prosecuted as an adult.
8“Convicted” also includes a conviction for an attempt or
9conspiracy to commit an offense. “Convicted” does not mean a
10plea, sentence, adjudication, deferred sentence, or deferred
11judgment which has been reversed or otherwise set aside.
124. “Department” means the department of health and human
13services.
145. “Director” means the director of health and human
15services.
164. 6. “Discharge” means an unconditional discharge from the
17sexually violent predator program. A person released from a
18secure facility into a transitional release program or released
19with supervision is not considered to be discharged.
205. 7. “Likely to engage in predatory acts of sexual
21violence” means that the person more likely than not will
22engage in acts of a sexually violent nature. If a person is
23not confined at the time that a petition is filed, a person is
24“likely to engage in predatory acts of sexual violence” only if
25the person commits a recent overt act.
266. 8. “Mental abnormality” means a congenital or acquired
27condition affecting the emotional or volitional capacity of a
28person and predisposing that person to commit sexually violent
29offenses to a degree which would constitute a menace to the
30health and safety of others.
317. 9. “Predatory” means acts directed toward a person with
32whom a relationship has been established or promoted for the
33primary purpose of victimization.
348. 10. “Presently confined” means incarceration or
35detention in a correctional facility, a rehabilitation camp,
-375-1a residential facility, a county jail, a halfway house, or
2any other comparable facility, including but not limited to
3placement at such a facility as a condition of probation,
4parole, or special sentence following conviction for a sexually
5violent offense.
69. 11. “Recent overt act” means any act that has either
7caused harm of a sexually violent nature or creates a
8reasonable apprehension of such harm.
910. 12. “Safekeeper” means a person who is confined in an
10appropriate secure facility pursuant to this chapter but who is
11not subject to an order of commitment pursuant to this chapter.
1211. 13. “Sexually motivated” means that one of the
13purposes for commission of a crime is the purpose of sexual
14gratification of the perpetrator of the crime.
1512. 14. “Sexually violent offense” means:
16a. A violation of any provision of chapter 709.
17b. A violation of any of the following if the offense
18involves sexual abuse, attempted sexual abuse, or intent to
19commit sexual abuse:
20(1) Murder as defined in section 707.1.
21(2) Kidnapping as defined in section 710.1.
22(3) Burglary as defined in section 713.1.
23(4) Child endangerment under section 726.6, subsection 1,
24paragraph “e”.
25c. Sexual exploitation of a minor in violation of section
26728.12.
27d. Pandering involving a minor in violation of section
28725.3, subsection 2.
29e. An offense involving an attempt or conspiracy to commit
30any offense referred to in this subsection.
31f. An offense under prior law of this state or an offense
32committed in another jurisdiction which would constitute an
33equivalent offense under paragraphs “a” through “e”.
34g. Any act which, either at the time of sentencing for the
35offense or subsequently during civil commitment proceedings
-376-1pursuant to this chapter, has been determined beyond a
2reasonable doubt to have been sexually motivated.
313. 15. “Sexually violent predator” means a person who has
4been convicted of or charged with a sexually violent offense
5and who suffers from a mental abnormality which makes the
6person likely to engage in predatory acts constituting sexually
7violent offenses, if not confined in a secure facility.
814. 16. “Transitional release” means a conditional release
9from a secure facility operated by the department of human
10services with the conditions of such release set by the court
11or the department of human services.
12 Sec. 578. Section 229A.5C, subsections 3 and 4, Code 2023,
13are amended to read as follows:
143. A person who is subject to an order of civil commitment
15under this chapter shall not be released from jail or paroled
16or released to a facility or program located outside the
17county jail or correctional institution other than to a secure
18facility operated by the department of human services.
194. A person who committed a public offense while in a
20transitional release program or on release with supervision may
21be returned to a secure facility operated by the department of
22human services upon completion of any term of confinement that
23resulted from the commission of the public offense.
24 Sec. 579. Section 229A.6A, subsection 1, paragraph b, Code
252023, is amended to read as follows:
26b. To a medical facility for medical treatment, if necessary
27medical treatment is not available at the facility where the
28person is confined. A transport order is not required to
29transport the person for medical treatment. However, the
30person is not entitled to choose the medical facility where
31treatment is to be obtained or the medical personnel to provide
32the treatment. Transportation of a committed person shall be
33provided by the sheriff of the county in which the person is
34confined if requested by the department of human services.
35 Sec. 580. Section 229A.7, subsection 5, paragraph b, Code
-377-12023, is amended to read as follows:
2b. If the court or jury determines that the respondent is a
3sexually violent predator, the respondent shall be committed
4to the custody of the director of the department of human
5services for control, care, and treatment until such time as
6the person’s mental abnormality has so changed that the person
7is safe to be placed in a transitional release program or
8discharged. The determination may be appealed.
9 Sec. 581. Section 229A.7, subsection 7, Code 2023, is
10amended to read as follows:
117. The control, care, and treatment of a person determined
12to be a sexually violent predator shall be provided at a
13facility operated by the department of human services. At all
14times prior to placement in a transitional release program
15or release with supervision, persons committed for control,
16care, and treatment by the department of human services
17 pursuant to this chapter shall be kept in a secure facility
18and those patients shall be segregated at all times from any
19other patient under the supervision of the department of human
20services. A person committed pursuant to this chapter to
21the custody of the department of human services may be kept
22in a facility or building separate from any other patient
23under the supervision of the department of human services.
24The department of human services may enter into a chapter
2528E agreement with the department of corrections or other
26appropriate agency in this state or another state for the
27confinement of patients who have been determined to be sexually
28violent predators. Patients who are in the custody of the
29director of the department of corrections pursuant to a chapter
3028E agreement and who have not been placed in a transitional
31release program or released with supervision shall be housed
32and managed separately from criminal offenders in the custody
33of the director of the department of corrections, and except
34for occasional instances of supervised incidental contact,
35shall be segregated from those offenders.
-378-1 Sec. 582. Section 229A.8, subsection 4, Code 2023, is
2amended to read as follows:
34. Nothing contained in this chapter shall prohibit the
4person from otherwise petitioning the court for discharge or
5placement in a transitional release program at the annual
6review. The director of human services department shall
7provide the committed person with an annual written notice
8of the person’s right to petition the court for discharge
9or placement in a transitional release program without
10authorization from the director. The notice shall contain a
11waiver of rights. The director department shall forward the
12notice and waiver form to the court with the annual report.
13 Sec. 583. Section 229A.8, subsection 5, paragraphs f and g,
14Code 2023, are amended to read as follows:
15f. If at the time for the annual review the committed
16person has filed a petition for discharge or placement in
17a transitional release program with authorization from the
18director of human services, the court shall set a final hearing
19within ninety days of the authorization by the director, and
20no annual review shall be held.
21g. If the committed person has not filed a petition, or
22has filed a petition for discharge or for placement in a
23transitional release program without authorization from the
24director of human services, the court shall first conduct the
25annual review as provided in this subsection.
26 Sec. 584. Section 229A.8, subsection 6, paragraph e, Code
272023, is amended to read as follows:
28e. If the director of human services has authorized the
29committed person to petition for discharge or for placement
30in a transitional release program and the case is before a
31jury, testimony by a victim of a prior sexually violent offense
32committed by the person is not admissible. If the director has
33not authorized the petition or the case is before the court,
34testimony by a victim of a sexually violent offense committed
35by the person may be admitted.
-379-1 Sec. 585. Section 229A.8A, subsections 1, 6, and 7, Code
22023, are amended to read as follows:
31. The department of human services is authorized to may
4 establish a transitional release program and provide control,
5care, and treatment, and supervision of committed persons
6placed in such a program.
76. The department of human services shall be responsible
8for establishing and implementing the rules and directives
9regarding the location of the transitional release program,
10staffing needs, restrictions on confinement and the movement of
11committed persons, and for assessing the progress of committed
12persons in the program. The court may also impose conditions
13on a committed person placed in the program.
147. The department of human services may contract with
15other government or private agencies, including the department
16of corrections, to implement and administer the transitional
17release program.
18 Sec. 586. Section 229A.8B, subsections 2 and 3, Code 2023,
19are amended to read as follows:
202. If a committed person absconds from a transitional
21release program in violation of the rules or directives, a
22presumption arises that the person poses a risk to public
23safety. The department of human services, in cooperation with
24local law enforcement agencies, may make a public announcement
25about the absconder. The public announcement may include
26a description of the committed person, that the person is
27in transitional release from the sexually violent predator
28program, and any other information important to public safety.
293. Upon the return of the committed person to a secure
30facility, the director of human services or the director’s
31designee shall notify the court that issued the ex parte order
32that the absconder has been returned to a secure facility,
33and the court shall set a hearing to determine if a violation
34occurred. If a court order was not issued, the director or
35the director’s designee shall contact the nearest district
-380-1court with jurisdiction to set a hearing to determine whether a
2violation of the rules or directives occurred. The court shall
3schedule a hearing after receiving notice that the committed
4person has been returned from the transitional release program
5to a secure facility.
6 Sec. 587. Section 229A.9A, subsections 2, 3, and 8, Code
72023, are amended to read as follows:
82. If release with supervision is ordered, the department
9of human services shall prepare within sixty days of the order
10of the court a release plan addressing the person’s needs for
11counseling, medication, community support services, residential
12services, vocational services, alcohol or other drug abuse
13 substance use disorder treatment, sex offender treatment, or
14any other treatment or supervision necessary.
153. The court shall set a hearing on the release plan
16prepared by the department of human services before the
17committed person is released from a secure facility or a
18transitional release program.
198. The court shall retain jurisdiction over the committed
20person who has been released with supervision until the person
21is discharged from the program. The department of human
22services or a judicial district department of correctional
23services shall not be held liable for any acts committed
24by a committed person who has been ordered released with
25supervision.
26 Sec. 588. Section 229A.9B, subsections 2, 3, and 5, Code
272023, are amended to read as follows:
282. If a committed person has absconded in violation of the
29conditions of the person’s release plan, a presumption arises
30that the person poses a risk to public safety. The department
31of human services or contracting agency, in cooperation with
32local law enforcement agencies, may make a public announcement
33about the absconder. The public announcement may include a
34description of the committed person, that the committed person
35is on release with supervision from the sexually violent
-381-1predator program, and any other information pertinent to public
2safety.
33. Upon the return of the committed person to a secure
4facility, the director of human services or the director’s
5designee shall notify the court that issued the ex parte
6order that the committed person has been returned to a secure
7facility, and the court shall set hearing to determine if a
8violation occurred. If a court order was not issued, the
9director or the director’s designee shall contact the nearest
10district court with jurisdiction to set a hearing to determine
11whether a violation of the conditions of the release plan
12occurred. The court shall schedule a hearing after receiving
13notice that the committed person has been returned to a secure
14facility.
155. If the court determines a violation occurred, the court
16shall receive release recommendations from the department of
17human services and either order that the committed person
18be returned to release with supervision or placed in a
19transitional release program, or be confined in a secure
20facility. The court may impose further conditions upon the
21committed person if returned to release with supervision or
22placed in the transitional release program. If the court
23determines no violation occurred, the committed person shall be
24returned to release with supervision.
25 Sec. 589. Section 229A.10, subsection 1, Code 2023, is
26amended to read as follows:
271. If the director of human services determines that the
28person’s mental abnormality has so changed that the person is
29not likely to engage in predatory acts that constitute sexually
30violent offenses if discharged, the director shall authorize
31the person to petition the court for discharge. The petition
32shall be served upon the court and the attorney general. The
33court, upon receipt of the petition for discharge, shall order
34a hearing within thirty days. The attorney general shall
35represent the state, and shall have the right to have the
-382-1petitioner examined by an expert or professional person of
2the attorney general’s choice. The hearing shall be before
3a jury if demanded by either the petitioner or the attorney
4general. If the attorney general objects to the petition for
5discharge, the burden of proof shall be upon the attorney
6general to show beyond a reasonable doubt that the petitioner’s
7mental abnormality or personality disorder remains such that
8the petitioner is likely to engage in predatory acts that
9constitute sexually violent offenses if discharged.
10 Sec. 590. Section 229A.11, Code 2023, is amended to read as
11follows:
12229A.11 Subsequent discharge or transitional release
13petitions — limitations.
14Nothing in this chapter shall prohibit a person from filing
15a petition for discharge or placement in a transitional release
16program, pursuant to this chapter. However, if a person has
17previously filed a petition for discharge or for placement
18in a transitional release program without the authorization
19of the director of human services, and the court determines
20either upon review of the petition or following a hearing that
21the petition was frivolous or that the petitioner’s condition
22had not so changed that the person was not likely to engage
23in predatory acts constituting sexually violent offenses
24if discharged, or was not suitable for placement in the
25transitional release program, then the court shall summarily
26deny the subsequent petition unless the petition contains facts
27upon which a court could find the condition of the petitioner
28had so changed that a hearing was warranted. Upon receipt of a
29first or subsequent petition from a committed person without
30the director’s authorization, the court shall endeavor whenever
31possible to review the petition and determine if the petition
32is based upon frivolous grounds. If the court determines that
33a petition is frivolous, the court shall dismiss the petition
34without a hearing.
35 Sec. 591. Section 229A.12, Code 2023, is amended to read as
-383-1follows:
2229A.12 Director of human services — responsibility for
3costs — reimbursement.
4The director of human services shall be responsible for
5all costs relating to the evaluation, treatment, and services
6provided to a person that are incurred after the person is
7committed to the director’s custody after the court or jury
8determines that the respondent is a sexually violent predator
9and pursuant to commitment under any provision of this chapter.
10If placement in a transitional release program or supervision
11is ordered, the director shall also be responsible for all
12costs related to the transitional release program or to the
13supervision and treatment of any person. Reimbursement may
14be obtained by the director from the patient and any person
15legally liable or bound by contract for the support of the
16patient for the cost of confinement or of care and treatment
17provided. To the extent allowed by the United States social
18security administration, any benefit payments received by the
19person pursuant to the federal Social Security Act shall be
20used for the costs incurred. As used in this section, “any
21person legally liable” does not include a political subdivision.
22 Sec. 592. Section 229A.15B, Code 2023, is amended to read
23as follows:
24229A.15B Rulemaking authority.
25The department of human services shall adopt rules pursuant
26to chapter 17A necessary to administer this chapter.
27 Sec. 593. Section 230.1, Code 2023, is amended to read as
28follows:
29230.1 Definitions.
30As used in this chapter, unless the context otherwise
31requires:
321. “Administrator” means the administrator of the department
33of human services assigned, in accordance with section
34218.1, to control the state mental health institutes, or that
35administrator’s designee.
-384- 12. 1. “Book”, “list”, “record”, or “schedule” kept by a
2county auditor, assessor, treasurer, recorder, sheriff, or
3other county officer means the county system as defined in
4section 445.1.
53. 2. “Department” means the department of health and human
6services.
73. “Director” means the director of health and human
8services.
94. “Region” means a mental health and disability services
10region formed in accordance with section 331.389.
115. “Regional administrator” means the same as defined in
12section 331.388.
136. “State mental health institute” or “mental health
14institute” means a mental health institute designated in section
15226.1.
16 Sec. 594. Section 230.1A, Code 2023, is amended to read as
17follows:
18230.1A Liability of county and state.
191. The necessary and legal costs and expenses attending
20 for the taking into custody, care, investigation, admission,
21commitment, and support of a person with mental illness
22admitted or committed to a state hospital mental health
23institute shall be paid by the regional administrator on behalf
24of the person’s county of residence or by the state as follows:
25a. If the person is eighteen years of age or older, as
26follows:
27(1) The costs attributed to mental illness shall be paid by
28the regional administrator on behalf of the person’s county of
29residence.
30(2) The costs attributed to a substance-related substance
31use disorder shall be paid by the person’s county of residence.
32(3) The costs attributable to a dual diagnosis of mental
33illness and a substance-related substance use disorder may be
34split divided as provided in section 226.9C.
35b. By the state if such person has no residence in this
-385-1state, if the person’s residence is unknown, or if the person
2is under eighteen years of age.
32. The county of residence of any person with mental
4illness who is a patient of any state institution mental health
5institute shall be the person’s county of residence existing at
6the time of admission to the institution institute.
73. A region or county of residence is not liable for
8costs and expenses associated with a person with mental
9illness unless the costs and expenses are for services and
10other support authorized for the person through the regional
11administrator for the county.
12 Sec. 595. Section 230.5, Code 2023, is amended to read as
13follows:
14230.5 Nonresidents.
15If a person’s residence is determined in accordance with
16section 230.2 or 230.3 to be in a foreign state or country,
17or is unknown, the court or the regional administrator of the
18person’s county of residence shall immediately certify the
19determination to the department’s administrator department.
20The certification shall be accompanied by a copy of the
21evidence supporting the determination. A court order issued
22pursuant to section 229.13 shall direct that the patient be
23hospitalized at the appropriate state hospital for persons with
24 mental illness health institute.
25 Sec. 596. Section 230.6, Code 2023, is amended to read as
26follows:
27230.6 Investigation by administrator department.
28The administrator department shall immediately investigate
29the residency of a patient and proceed as follows:
301. If the administrator department concurs with a certified
31determination of residency concerning the patient, the
32administrator department shall cause the patient either to
33be transferred to a state hospital for persons with mental
34illness health institute at the expense of the state, or to be
35transferred, with approval of the court as required by chapter
-386-1229, to the place of foreign residence.
22. If the administrator department disputes a certified
3legal residency determination, the administrator department
4 shall order the patient to be maintained at a state hospital
5for persons with mental illness health institute at the expense
6of the state until the dispute is resolved.
73. If the administrator department disputes a residency
8determination, the administrator department shall utilize the
9procedure provided in section 331.394 to resolve the dispute.
10A determination of the person’s residency status made pursuant
11to section 331.394 is conclusive.
12 Sec. 597. Section 230.7, Code 2023, is amended to read as
13follows:
14230.7 Transfer of nonresidents.
15Upon determining that a patient in a state hospital mental
16health institute who has been involuntarily hospitalized under
17chapter 229 or admitted voluntarily at public expense was
18not a resident of this state at the time of the involuntary
19hospitalization or admission, the administrator director or
20director’s designee may cause that the patient to be conveyed
21to the patient’s place of residence. However, a transfer
22under this section may be made only if the patient’s condition
23so permits and other reasons do not render the transfer
24inadvisable. If the patient was involuntarily hospitalized,
25prior approval of the transfer must shall be obtained from the
26court which ordered the patient hospitalized.
27 Sec. 598. Section 230.8, Code 2023, is amended to read as
28follows:
29230.8 Transfers of persons with mental illness — expenses.
30The transfer to any state hospitals mental health institute
31 or to the places of their residence of persons with mental
32illness who have no residence in this state or whose residence
33is unknown, shall be made according to the directions of the
34administrator department, and when practicable by employees
35of the state hospitals mental health institutes. The actual
-387-1and necessary expenses of such transfers shall be paid by the
2department on itemized vouchers sworn to by the claimants and
3approved by the administrator director.
4 Sec. 599. Section 230.9, Code 2023, is amended to read as
5follows:
6230.9 Subsequent discovery of residence.
7If, after a person has been received by a state hospital for
8persons with mental illness health institute whose residence is
9supposed to be outside this state, the administrator department
10 determines that the residence of the person was, at the time
11of admission or commitment, in a county of this state, the
12administrator department shall certify the determination
13and charge all legal costs and expenses pertaining to the
14admission or commitment and support of the person to the
15regional administrator of the person’s county of residence.
16The certification shall be sent to the regional administrator
17of the person’s county of residence. The certification
18shall be accompanied by a copy of the evidence supporting the
19determination. The costs and expenses shall be collected as
20provided by law in other cases. If the person’s residency
21status has been determined in accordance with section 331.394,
22the legal costs and expenses shall be charged in accordance
23with that determination.
24 Sec. 600. Section 230.10, Code 2023, is amended to read as
25follows:
26230.10 Payment of costs.
27All legal costs and expenses attending for the taking into
28custody, care, investigation, and admission or commitment of
29a person to a state hospital for persons with mental illness
30 health institute under a finding that the person has residency
31in another county of this state shall be charged against the
32regional administrator of the person’s county of residence.
33 Sec. 601. Section 230.11, Code 2023, is amended to read as
34follows:
35230.11 Recovery of costs from state.
-388- 1Costs and expenses attending for the taking into custody,
2care, and investigation of a person who has been admitted
3or committed to a state hospital mental health institute,
4United States department of veterans affairs hospital, or
5other agency of the United States government, for persons with
6mental illness and who has no residence in this state or whose
7residence is unknown, including cost of commitment, if any,
8shall be paid as approved by the administrator department. The
9amount of the costs and expenses approved by the administrator
10 department is appropriated to the department from any moneys in
11the state treasury not otherwise appropriated. Payment shall
12be made by the department on itemized vouchers executed by the
13regional administrator of the person’s county which has paid
14them, and approved by the administrator department.
15 Sec. 602. Section 230.12, Code 2023, is amended to read as
16follows:
17230.12 Residency disputes.
18If a dispute arises between different counties or between
19the administrator department and a regional administrator for a
20county as to the residence of a person admitted or committed
21to a state hospital for persons with mental illness health
22institute, the dispute shall be resolved as provided in section
23331.394.
24 Sec. 603. Section 230.15, Code 2023, is amended to read as
25follows:
26230.15 Personal liability.
271. A person with mental illness and a person legally liable
28for the person’s support remain liable for the support of
29the person with mental illness as provided in this section.
30Persons legally liable for the support of a person with mental
31illness include the spouse of the person, and any person
32bound by contract for support of the person. The regional
33administrator of the person’s county of residence, subject to
34the direction of the region’s governing board, shall enforce
35the obligation created in this section as to all sums advanced
-389-1by the regional administrator. The liability to the regional
2administrator incurred by a person with mental illness or a
3person legally liable for the person’s support under this
4section is limited to an amount equal to one hundred percent
5of the cost of care and treatment of the person with mental
6illness at a state mental health institute for one hundred
7twenty days of hospitalization. This limit of liability may
8be reached by payment of the cost of care and treatment of the
9person with mental illness subsequent to a single admission
10or multiple admissions to a state mental health institute
11or, if the person is not discharged as cured, subsequent to
12a single transfer or multiple transfers to a county care
13facility pursuant to section 227.11. After reaching this
14limit of liability, a person with mental illness or a person
15legally liable for the person’s support is liable to the
16regional administrator for the care and treatment of the person
17with mental illness at a state mental health institute or,
18if transferred but not discharged as cured, at a county care
19facility in an amount not in excess of the average minimum
20cost of the maintenance of an individual who is physically and
21mentally healthy residing in the individual’s own home, which
22standard shall be established and may from time to time be
23revised by the department of human services. A lien imposed
24by section 230.25 shall not exceed the amount of the liability
25which may be incurred under this section on account of a person
26with mental illness.
272. A person with a substance-related substance use
28 disorder is legally liable for the total amount of the cost of
29providing care, maintenance, and treatment for the person with
30a substance-related substance use disorder while a voluntary
31or committed patient. When a portion of the cost is paid
32by a county, the person with a substance-related substance
33use disorder is legally liable to the county for the amount
34paid. The person with a substance-related substance use
35 disorder shall assign any claim for reimbursement under any
-390-1contract of indemnity, by insurance or otherwise, providing
2for the person’s care, maintenance, and treatment in a state
3hospital mental health institute to the state. Any payments
4received by the state from or on behalf of a person with a
5substance-related substance use disorder shall be in part
6credited to the county in proportion to the share of the costs
7paid by the county.
83. Nothing in this section shall be construed to prevent
9a relative or other person from voluntarily paying the full
10actual cost or any portion of the care and treatment of any
11person with mental illness or a substance-related substance use
12 disorder as established by the department of human services.
13 Sec. 604. Section 230.18, Code 2023, is amended to read as
14follows:
15230.18 Expense in county or private hospitals facility.
16The estates of persons with mental illness who may be
17treated or confined in any county hospital or home, or in any
18 private hospital or sanatorium facility, and the estates of
19persons legally bound for their support, shall be liable to the
20regional administrator of the person’s county of residence for
21the reasonable cost of such support.
22 Sec. 605. Section 230.19, Code 2023, is amended to read as
23follows:
24230.19 Nonresidents liable to state — presumption.
25The estates of all nonresident patients provided for and
26treated in state hospitals for persons with mental illness
27 health institutes in this state, and all persons legally bound
28for the support of such patients, shall be liable to the
29state for the reasonable value of the care, maintenance, and
30treatment of such patients while in such hospitals institutes.
31The certificate of the superintendent of the state hospital
32 mental health institute in which any nonresident is or has been
33a patient, showing the amounts drawn from the state treasury or
34due therefrom as provided by law on account of such nonresident
35patient, shall be presumptive evidence of the reasonable value
-391-1of the care, maintenance, and treatment furnished such patient.
2 Sec. 606. Section 230.20, subsection 1, paragraph a,
3subparagraph (1), Code 2023, is amended to read as follows:
4(1) The costs of food, lodging, and other maintenance
5provided to persons not patients of the hospital state mental
6health institute.
7 Sec. 607. Section 230.20, subsection 7, Code 2023, is
8amended to read as follows:
97. A superintendent of a mental health institute may request
10that the director of human services enter into a contract
11with a person for the mental health institute to provide
12consultation or treatment services or for fulfilling other
13purposes which are consistent with the purposes stated in
14section 226.1. The contract provisions shall include charges
15which reflect the actual cost of providing the services or
16fulfilling the other purposes. Any income from a contract
17authorized under this subsection may be retained by the
18mental health institute to defray the costs of providing the
19services. Except for a contract voluntarily entered into by a
20county under this subsection, the costs or income associated
21with a contract authorized under this subsection shall not
22be considered in computing charges and per diem costs in
23accordance with the provisions of subsections 1 through 6.
24 Sec. 608. Section 230.26, Code 2023, is amended to read as
25follows:
26230.26 Regional administrator to keep record.
27The regional administrator shall keep an accurate account
28of the cost of the maintenance of any patient kept in any
29institution facility as provided for in this chapter and keep
30an index of the names of the persons admitted or committed from
31each county in the region. The name of the spouse of the person
32admitted or committed shall also be indexed in the same manner
33as the names of the persons admitted or committed are indexed.
34The book shall be designated as an account book or index, and
35shall have no reference in any place to a lien.
-392-1 Sec. 609. Section 230.31, Code 2023, is amended to read as
2follows:
3230.31 Departers from other states.
4If a person with mental illness departs without proper
5authority from an institution a facility in another state and
6is found in this state, a peace officer in the county in which
7the patient is found may take and detain the patient without
8order and shall report the detention to the administrator
9 department who shall provide for the return of the patient
10to the authorities of the state where the unauthorized leave
11was made. Pending such return, the patient may be detained
12temporarily at one of the institutions of this state under the
13control of the administrator or any other administrator of the
14 department of human services. Expenses incurred under this
15section shall be paid in the same manner as is provided for
16transfers in section 230.8.
17 Sec. 610. Section 230.32, Code 2023, is amended to read as
18follows:
19230.32 Support of nonresident patients on leave.
20The cost of support of patients without residence in this
21state, who are placed on convalescent leave or removed from
22a state mental health institute to any health care facility
23licensed under chapter 135C for rehabilitation purposes,
24shall be paid from the hospital state mental health institute
25 support fund and shall be charged on abstract in the same
26manner as state inpatients, until such time as the patient
27becomes self-supporting or qualifies for support under existing
28statutes.
29 Sec. 611. Section 230.33, Code 2023, is amended to read as
30follows:
31230.33 Reciprocal agreements.
321. The administrator department may enter into agreements
33with other states, through their duly constituted authorities,
34to effect the reciprocal return of persons with mental illness
35and persons with an intellectual disability to the contracting
-393-1states, and to effect the reciprocal supervision of persons on
2convalescent leave.
32. However, in the case of a proposed transfer of a person
4with mental illness or an intellectual disability from this
5state, final action shall not be taken without the approval of
6the district court of the county of admission or commitment.
7 Sec. 612. Section 230A.101, Code 2023, is amended to read
8as follows:
9230A.101 Services system roles.
101. The role of the department of human services, through
11the division of the department designated as the state
12mental health authority with responsibility for state policy
13concerning mental health and disability services, is to develop
14and maintain policies for the mental health and disability
15services system. The policies shall address the service needs
16of individuals of all ages with disabilities in this state,
17regardless of the individuals’ places of residence or economic
18circumstances, and shall be consistent with the requirements of
19chapter 225C and other applicable law.
202. The role of community mental health centers in the
21mental health and disability services system is to provide
22an organized set of services in order to adequately meet the
23mental health needs of this state’s citizens based on organized
24catchment areas.
25 Sec. 613. Section 230A.102, Code 2023, is amended to read
26as follows:
27230A.102 Definitions.
28As used in this chapter, unless the context otherwise
29requires:
301. “Administrator”, “commission” “Commission”, “department”,
31“director”, and “disability services”, and “division” mean the
32same as defined in section 225C.2.
332. “Catchment area” means a community mental health center
34catchment area identified in accordance with this chapter.
353. “Community mental health center” or “center” means a
-394-1community mental health center designated in accordance with
2this chapter.
3 Sec. 614. Section 230A.103, Code 2023, is amended to read
4as follows:
5230A.103 Designation of community mental health centers.
61. The division department, subject to agreement by any
7community mental health center that would provide services
8for the catchment area and approval by the commission,
9shall designate at least one community mental health center
10under this chapter for addressing the mental health needs of
11the county or counties comprising the catchment area. The
12designation process shall provide for the input of potential
13service providers regarding designation of the initial
14catchment area or a change in the designation.
152. The division department shall utilize objective criteria
16for designating a community mental health center to serve a
17catchment area and for withdrawing such designation. The
18commission shall adopt rules outlining the criteria. The
19criteria shall include but are not limited to provisions for
20meeting all of the following requirements:
21a. An appropriate means shall be used for determining which
22prospective designee is best able to serve all ages of the
23targeted population within the catchment area with minimal or
24no service denials.
25b. An effective means shall be used for determining the
26relative ability of a prospective designee to appropriately
27provide mental health services and other support to consumers
28residing within a catchment area as well as consumers residing
29outside the catchment area. The criteria shall address the
30duty for a prospective designee to arrange placements outside
31the catchment area when such placements best meet consumer
32needs and to provide services within the catchment area to
33consumers who reside outside the catchment area when the
34services are necessary and appropriate.
353. The board of directors for a designated community mental
-395-1health center shall enter into an agreement with the division
2 department. The terms of the agreement shall include but are
3not limited to all of the following:
4a. The period of time the agreement will be in force.
5b. The services and other support the center will offer or
6provide for the residents of the catchment area.
7c. The standards to be followed by the center in determining
8whether and to what extent the persons seeking services from
9the center shall be considered to be able to pay the costs of
10the services.
11d. The policies regarding availability of the services
12offered by the center to the residents of the catchment area as
13well as consumers residing outside the catchment area.
14e. The requirements for preparation and submission to the
15division department of annual audits, cost reports, program
16reports, performance measures, and other financial and service
17accountability information.
184. This section does not limit the authority of the board or
19the boards of supervisors of any county or group of counties to
20continue to expend money to support operation of a center.
21 Sec. 615. Section 230A.104, Code 2023, is amended to read
22as follows:
23230A.104 Catchment areas.
241. The division department shall collaborate with affected
25counties in identifying community mental health center
26catchment areas in accordance with this section.
272. a. Unless the division department has determined that
28exceptional circumstances exist, a catchment area shall be
29served by one community mental health center. The purpose of
30this general limitation is to clearly designate the center
31responsible and accountable for providing core mental health
32services to the target population in the catchment area and to
33protect the financial viability of the centers comprising the
34mental health services system in the state.
35b. A formal review process shall be used in determining
-396-1whether exceptional circumstances exist that justify
2designating more than one center to serve a catchment area.
3The criteria for the review process shall include but are not
4limited to a means of determining whether the catchment area
5can support more than one center.
6c. Criteria shall be provided that would allow the
7designation of more than one center for all or a portion of a
8catchment area if designation or approval for more than one
9center was provided by the division department as of October 1,
102010. The criteria shall require a determination that all such
11centers would be financially viable if designation is provided
12for all.
13 Sec. 616. Section 230A.105, subsection 1, paragraph e, Code
142023, is amended to read as follows:
15e. Individuals described in paragraph “a”, “b”, “c”, or “d”
16who have a co-occurring disorder, including but not limited
17to substance abuse use disorder, intellectual disability,
18a developmental disability, brain injury, autism spectrum
19disorder, or another disability or special health care need.
20 Sec. 617. Section 230A.108, Code 2023, is amended to read
21as follows:
22230A.108 Administrative, diagnostic, and demographic
23information.
24Release of administrative and diagnostic information, as
25defined in section 228.1, and demographic information necessary
26for aggregated reporting to meet the data requirements
27established by the division department, relating to an
28individual who receives services from a community mental health
29center, may be made a condition of support of that center by
30the division department.
31 Sec. 618. Section 230A.110, subsections 1 and 2, Code 2023,
32are amended to read as follows:
331. The division department shall recommend and the
34commission shall adopt standards for designated community
35mental health centers and comprehensive community mental health
-397-1programs, with the overall objective of ensuring that each
2center and each affiliate providing services under contract
3with a center furnishes high-quality mental health services
4within a framework of accountability to the community it
5serves. The standards adopted shall conform with federal
6standards applicable to community mental health centers
7and shall be in substantial conformity with the applicable
8behavioral health standards adopted by the joint commission,
9formerly known as the joint commission on accreditation
10of health care organizations, or other recognized national
11standards for evaluation of psychiatric facilities unless in
12the judgment of the division department, with approval of the
13commission, there are sound reasons for departing from the
14standards.
152. When recommending standards under this section, the
16division department shall designate an advisory committee
17representing boards of directors and professional staff
18of designated community mental health centers to assist in
19the formulation or revision of standards. The membership
20of the advisory committee shall include representatives of
21professional and nonprofessional staff and other appropriate
22individuals.
23 Sec. 619. Section 230A.110, subsection 3, paragraph c, Code
242023, is amended to read as follows:
25c. Arrange for the financial condition and transactions
26of the community mental health center to be audited once
27each year by the auditor of state. However, in lieu of an
28audit by the auditor of state, the local governing body of a
29community mental health center organized under this chapter
30may contract with or employ certified public accountants
31to conduct the audit, pursuant to the applicable terms and
32conditions prescribed by sections 11.6 and 11.19 and audit
33format prescribed by the auditor of state. Copies of each
34audit shall be furnished by the auditor or accountant to the
35administrator of the division of mental health and disability
-398-1services department.
2 Sec. 620. Section 230A.111, Code 2023, is amended to read
3as follows:
4230A.111 Review and evaluation.
51. The review and evaluation of designated centers shall
6be performed through a formal accreditation review process as
7recommended by the division department and approved by the
8commission. The accreditation process shall include all of the
9following:
10a. Specific time intervals for full accreditation reviews
11based upon levels of accreditation.
12b. Use of random or complaint-specific, on-site limited
13accreditation reviews in the interim between full accreditation
14reviews, as a quality review approach. The results of such
15reviews shall be presented to the commission.
16c. Use of center accreditation self-assessment tools to
17gather data regarding quality of care and outcomes, whether
18used during full or limited reviews or at other times.
192. The accreditation process shall include but is not
20limited to addressing all of the following:
21a. Measures to address centers that do not meet standards,
22including authority to revoke accreditation.
23b. Measures to address noncompliant centers that do not
24develop a corrective action plan or fail to implement steps
25included in a corrective action plan accepted by the division
26 department.
27c. Measures to appropriately recognize centers that
28successfully complete a corrective action plan.
29d. Criteria to determine when a center’s accreditation
30should be denied, revoked, suspended, or made provisional.
31 Sec. 621. Section 231.4, subsection 1, paragraphs e and f,
32Code 2023, are amended to read as follows:
33e. “Department” means the department on aging of health and
34human services.
35f. “Director” means the director of the department on aging
-399-1 health and human services.
2 Sec. 622. Section 231.21, Code 2023, is amended to read as
3follows:
4231.21 Department on aging Administration of chapter —
5department of health and human services.
6An Iowa The department on aging is established which of
7health and human services shall administer this chapter
8under the policy direction of the commission on aging. The
9department on aging shall be administered by a director.
10 Sec. 623. Section 231.23, Code 2023, is amended to read as
11follows:
12231.23 Department on aging — duties and authority.
13The department on aging director shall:
141. Develop and administer a state plan on aging.
152. Assist the commission in the review and approval of area
16plans.
173. Pursuant to commission policy, coordinate state
18activities related to the purposes of this chapter and all
19other chapters under the department’s jurisdiction.
204. Advocate for older individuals by reviewing and
21commenting upon all state plans, budgets, laws, rules,
22regulations, and policies which affect older individuals and
23by providing technical assistance to any agency, organization,
24association, or individual representing the needs of older
25individuals.
265. Assist the commission in dividing the state into distinct
27planning and service areas.
286. Assist the commission in designating for each area a
29public or private nonprofit agency or organization as the area
30agency on aging for that area.
317. Pursuant to commission policy, take into account the
32views of older Iowans.
338. Assist the commission in adopting a method for the
34distribution of funds available from the federal Act and state
35appropriations and allocations.
-400- 19. Assist the commission in assuring that preference will
2be given to providing services to older individuals with the
3greatest economic or social needs, with particular attention to
4low-income minority older individuals, older individuals with
5limited English proficiency, and older individuals residing in
6rural areas.
710. Assist the commission in developing, adopting, and
8enforcing administrative rules, by issuing necessary forms and
9procedures.
1011. Apply for, receive, and administer grants, devises,
11donations, gifts, or bequests of real or personal property from
12any source to conduct projects consistent with the purposes of
13the department. Notwithstanding section 8.33, moneys received
14by the department pursuant to this section are not subject to
15reversion to the general fund of the state.
1612. Administer state authorized programs.
1713. Establish a procedure for an area agency on aging to
18use in selection of members of the agency’s board of directors.
19The selection procedure shall be incorporated into the bylaws
20of the board of directors.
21 Sec. 624. Section 231.23A, unnumbered paragraph 1, Code
222023, is amended to read as follows:
23The department on aging shall provide or administer, but is
24not limited to providing or administering, all of the following
25programs and services:
26 Sec. 625. Section 231.31, Code 2023, is amended to read as
27follows:
28231.31 State plan on aging.
29The department on aging shall develop, and submit to the
30commission on aging for approval, a multiyear state plan on
31aging. The state plan on aging shall meet all applicable
32federal requirements.
33 Sec. 626. Section 231.32, subsection 2, paragraph d, Code
342023, is amended to read as follows:
35d. Any public or nonprofit private agency in a planning
-401-1and service area or any separate organizational unit within
2such agency which is under the supervision or direction for
3this purpose of the department on aging and which can and will
4engage only in the planning or provision of a broad range of
5long-term living and community support services or nutrition
6services within the planning and service area.
7 Sec. 627. Section 231.42, subsection 4, paragraph a, Code
82023, is amended to read as follows:
9a. If abuse, neglect, or exploitation of a resident or
10tenant is suspected, the state or a local long-term care
11ombudsman shall, with the permission of the resident or tenant
12as applicable under federal law, make an immediate referral
13to the department of inspections and appeals, the department
14of health and human services, the department on aging, or the
15appropriate law enforcement agency, as applicable.
16 Sec. 628. Section 231.58, Code 2023, is amended to read as
17follows:
18231.58 Long-term living coordination.
19The director may convene meetings, as necessary, of the
20director and the directors of human services, public health,
21and director of inspections and appeals, to assist in the
22coordination of policy, service delivery, and long-range
23planning relating to the long-term living system and older
24Iowans in the state. The group may consult with individuals,
25institutions and entities with expertise in the area of the
26long-term living system and older Iowans, as necessary, to
27facilitate the group’s efforts.
28 Sec. 629. Section 231C.5, subsection 2, paragraph b,
29subparagraph (2), subparagraph division (c), Code 2023, is
30amended to read as follows:
31(c) Contact information for the department of health and
32 human services and the senior health insurance information
33program to assist tenants in accessing third-party payment
34sources.
35 Sec. 630. Section 231C.5A, Code 2023, is amended to read as
-402-1follows:
2231C.5A Assessment of tenants — program eligibility.
3An assisted living program receiving reimbursement through
4the medical assistance program under chapter 249A shall
5assist the department of veterans affairs in identifying, upon
6admission of a tenant, the tenant’s eligibility for benefits
7through the United States department of veterans affairs. The
8assisted living program shall also assist the commission of
9veterans affairs in determining such eligibility for tenants
10residing in the program on July 1, 2009. The department of
11inspections and appeals, in cooperation with the department of
12health and human services, shall adopt rules to administer this
13section, including a provision that ensures that if a tenant is
14eligible for benefits through the United States department of
15veterans affairs or other third-party payor, the payor of last
16resort for reimbursement to the assisted living program is the
17medical assistance program. The rules shall also require the
18assisted living program to request information from a tenant or
19tenant’s personal representative regarding the tenant’s veteran
20status and to report to the department of veterans affairs
21only the names of tenants identified as potential veterans
22along with the names of their spouses and any dependents.
23Information reported by the assisted living program shall be
24verified by the department of veterans affairs.
25 Sec. 631. Section 231E.3, subsections 5 and 6, Code 2023,
26are amended to read as follows:
275. “Department” means the department on aging established in
28section 231.21 of health and human services.
296. “Director” means the director of the department on aging
30 health and human services.
31 Sec. 632. Section 231E.4, subsection 3, paragraph e, Code
322023, is amended to read as follows:
33e. Work with the department of human services, the
34Iowa department of public health, the Iowa developmental
35disabilities council, and other agencies to establish
-403-1a referral system for the provision of guardianship,
2conservatorship, and representative payee services.
3 Sec. 633. Section 232.2, subsections 14 and 18, Code 2023,
4are amended to read as follows:
514. “Department” means the department of health and human
6services and includes the local, and county, and service area
7 officers of the department.
818. “Director” means the director of the department of
9 health and human services or that person’s the director’s
10 designee.
11 Sec. 634. Section 232.11, subsections 3, 4, and 5, Code
122023, are amended to read as follows:
133. If the child is not represented by counsel as required
14under subsection 1, counsel shall be provided as follows:
15a. If the court determines, after giving the child’s parent,
16guardian, or custodian an opportunity to be heard, that such
17person has the ability in whole or in part to pay for the
18employment of counsel, it shall either order that person to
19retain an attorney to represent the child or shall appoint
20counsel for the child and order the parent, guardian, or
21custodian to pay for that counsel as provided in subsection 5.
22b. If the court determines that the parent, guardian,
23or custodian cannot pay any part of the expenses of counsel
24to represent the child, it shall appoint counsel, who shall
25be reimbursed according to section 232.141, subsection 2,
26paragraph “b”.
27c. The court may appoint counsel to represent the child
28and reserve the determination of payment until the parent,
29guardian, or custodian has an opportunity to be heard.
304. If the child is represented by counsel and the court
31determines that there is a conflict of interest between the
32child and the child’s parent, guardian, or custodian and that
33the retained counsel could not properly represent the child as
34a result of the conflict, the court shall appoint other counsel
35to represent the child and order the parent, guardian, or
-404-1custodian to pay for such counsel as provided in subsection 5.
25. If the court determines, after an inquiry which includes
3notice and reasonable opportunity to be heard that the parent,
4guardian, or custodian has the ability to pay in whole or
5in part for the attorney appointed for the child, the court
6may order that person to pay such sums as the court finds
7appropriate in the manner and to whom the court directs. If
8the person so ordered fails to comply with the order without
9good reason, the court shall enter judgment against the person.
10 Sec. 635. Section 232.21, subsection 2, paragraph a,
11subparagraph (3), Code 2023, is amended to read as follows:
12(3) An institution or other facility operated by the
13department of human services, or one which is licensed or
14otherwise authorized by law to receive and provide care for the
15child.
16 Sec. 636. Section 232.22, subsection 5, paragraph b, Code
172023, is amended to read as follows:
18b. The court determines that an acceptable alternative
19placement does not exist pursuant to criteria developed by the
20department of human services.
21 Sec. 637. Section 232.28, subsections 3, 4, and 5, Code
222023, are amended to read as follows:
233. In the course of a preliminary inquiry, the intake
24officer may:
25a. Interview the complainant, victim, or witnesses of the
26alleged delinquent act.
27b. Check existing records of the court, law enforcement
28agencies, public records of other agencies, and child abuse
29records as provided in section 235A.15, subsection 2, paragraph
30“e”.
31c. Hold conferences with the child and the child’s parent or
32parents, guardian, or custodian for the purpose of interviewing
33them and discussing the disposition of the complaint in
34accordance with the requirements set forth in subsection 8.
35d. Examine any physical evidence pertinent to the complaint.
-405- 1e. Interview such persons as are necessary to determine
2whether the filing of a petition would be in the best interests
3of the child and the community as provided in section 232.35,
4subsections 2 and 3.
54. Any additional inquiries may be made only with the
6consent of the child and the child’s parent or parents,
7guardian, or custodian.
85. Participation of the child and the child’s parent or
9parents, guardian, or custodian in a conference with an intake
10officer shall be voluntary, and they shall have the right to
11refuse to participate in such conference. At such conference
12the child shall have the right to the assistance of counsel in
13accordance with section 232.11 and the right to remain silent
14when questioned by the intake officer.
15 Sec. 638. Section 232.29, subsection 1, paragraphs b, d, and
16g, Code 2023, are amended to read as follows:
17b. The intake officer shall advise the child and the child’s
18parent, guardian, or custodian that they have the right to
19refuse an informal adjustment of the complaint and demand the
20filing of a petition and a formal adjudication.
21d. The terms of such agreement shall be clearly stated in
22writing and signed by all parties to the agreement and a copy
23of this agreement shall be given to the child; the counsel for
24the child; the parent, guardian, or custodian; and the intake
25officer, who shall retain the copy in the case file.
26g. The child and the child’s parent, guardian, or custodian
27shall have the right to terminate such agreement at any
28time and to request the filing of a petition and a formal
29adjudication.
30 Sec. 639. Section 232.38, Code 2023, is amended to read as
31follows:
32232.38 Presence of parents at hearings.
331. Any hearings or proceedings under this subchapter
34subsequent to the filing of a petition shall not take place
35without the presence of one or both of the child’s parents,
-406-1guardian, or custodian except that a hearing or proceeding may
2take place without such presence if the parent, guardian, or
3custodian fails to appear after reasonable notification, or if
4the court finds that a reasonably diligent effort has been made
5to notify the child’s parent, guardian, or custodian, and the
6effort was unavailing.
72. In any such hearings or proceedings the court may
8temporarily excuse the presence of the parent, guardian, or
9custodian when the court deems it in the best interests of the
10child. Counsel for the parent, guardian, or custodian shall
11have the right to participate in a hearing or proceeding during
12the absence of the parent, guardian, or custodian.
13 Sec. 640. Section 232.43, subsection 2, Code 2023, is
14amended to read as follows:
152. The county attorney and the child’s counsel may mutually
16consider a plea agreement which contemplates entry of a plea
17admitting the allegations of the petition in the expectation
18that other charges will be dismissed or not filed or that a
19specific disposition will be recommended by the county attorney
20and granted by the court. Any plea discussion shall be open to
21the child and the child’s parent, guardian, or custodian.
22 Sec. 641. Section 232.44, subsection 5, paragraph b,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) Place the child in the custody of a parent, guardian,
25 or custodian under that person’s supervision, or under the
26supervision of an organization which agrees to supervise the
27child.
28 Sec. 642. Section 232.44, subsection 7, Code 2023, is
29amended to read as follows:
307. If a child held in shelter care or detention by court
31order has not been released after a detention hearing or has
32not appeared at an adjudicatory hearing before the expiration
33of the order of detention, an additional hearing shall
34automatically be scheduled for the next court day following the
35expiration of the order. The child, the child’s counsel, the
-407-1child’s guardian ad litem, and the child’s parent, guardian,
2 or custodian shall be notified of this hearing not less than
3twenty-four hours before the hearing is scheduled to take
4place. The hearing required by this subsection may be held by
5telephone conference call.
6 Sec. 643. Section 232.46, subsection 1, paragraph b, Code
72023, is amended to read as follows:
8b. A child’s need for shelter placement or for inpatient
9mental health or substance abuse use disorder treatment does
10not preclude entry or continued execution of a consent decree.
11 Sec. 644. Section 232.46, subsection 3, Code 2023, is
12amended to read as follows:
133. A consent decree shall not be entered unless the child
14and the child’s parent, guardian, or custodian is informed
15of the consequences of the decree by the court and the court
16determines that the child has voluntarily and intelligently
17agreed to the terms and conditions of the decree. If the
18county attorney objects to the entry of a consent decree,
19the court shall proceed to determine the appropriateness of
20entering a consent decree after consideration of any objections
21or reasons for entering such a decree.
22 Sec. 645. Section 232.52, subsection 2, paragraph d,
23subparagraph (3), Code 2023, is amended to read as follows:
24(3) The department of human services for purposes of
25foster care and prescribing the type of placement which will
26serve the best interests of the child and the means by which
27the placement shall be monitored by the court. The court
28shall consider ordering placement in family foster care as an
29alternative to group foster care.
30 Sec. 646. Section 232.52, subsection 2, paragraph e,
31unnumbered paragraph 1, Code 2023, is amended to read as
32follows:
33An order transferring the custody of the child, subject to
34the continuing jurisdiction and custody of the court for the
35purposes of section 232.54, to the director of the department
-408-1of human services for purposes of placement in the state
2training school or other facility, provided that the child is
3at least twelve years of age and the court finds the placement
4to be in the best interests of the child or necessary for the
5protection of the public, and that the child has been found to
6have committed an act which is a forcible felony, as defined
7in section 702.11, or a felony violation of section 124.401
8or chapter 707, or the court finds any three of the following
9conditions exist:
10 Sec. 647. Section 232.52, subsections 6, 8, and 9, Code
112023, are amended to read as follows:
126. If the court orders the transfer of custody of the
13child to the department of human services or other agency
14for placement, the department or agency responsible for the
15placement of the child shall submit a case permanency plan to
16the court and shall make every effort to return the child to
17the child’s home as quickly as possible.
188. If the court orders the transfer of the custody of the
19child to the department of human services or to another agency
20for placement in group foster care, the department or agency
21shall make every reasonable effort to place the child in the
22least restrictive, most family-like, and most appropriate
23setting available and in close proximity to the parents’ home,
24consistent with the child’s best interests and special needs,
25and shall consider the placement’s proximity to the school in
26which the child is enrolled at the time of placement.
279. If a child has previously been adjudicated as a child
28in need of assistance, and a social worker or other caseworker
29from the department of human services has been assigned to work
30on the child’s case, the court may order the department of
31human services to assign the same social worker or caseworker
32to work on any matters related to the child arising under this
33subchapter.
34 Sec. 648. Section 232.52, subsection 10, paragraph a,
35unnumbered paragraph 1, Code 2023, is amended to read as
-409-1follows:
2Upon receipt of an application from the director of the
3department of human services, the court shall enter an order
4to temporarily transfer a child who has been placed in the
5state training school pursuant to subsection 2, paragraph “e”,
6to a facility which has been designated to be an alternative
7placement site for the state training school, provided the
8court finds that all of the following conditions exist:
9 Sec. 649. Section 232.68, subsection 4, Code 2023, is
10amended to read as follows:
114. “Department” means the state department of health and
12 human services and includes the local, and county, and service
13area offices of the department.
14 Sec. 650. Section 232.69, subsection 1, paragraph b,
15subparagraphs (6) and (7), Code 2023, are amended to read as
16follows:
17(6) An employee or operator of a substance abuse use
18disorder program or facility licensed under chapter 125.
19(7) An employee of a department of human services
20 institution listed in section 218.1.
21 Sec. 651. Section 232.70, subsections 3, 5, and 6, Code
222023, are amended to read as follows:
233. The oral report shall be made by telephone or otherwise
24to the department of human services. If the person making the
25report has reason to believe that immediate protection for the
26child is advisable, that person shall also make an oral report
27to an appropriate law enforcement agency.
285. The oral and written reports shall contain the following
29information, or as much thereof of the following information as
30the person making the report is able to furnish:
31a. The names and home address of the child and the child’s
32parents or other persons believed to be responsible for the
33child’s care;.
34b. The child’s present whereabouts if not the same as the
35parent’s or other person’s home address;.
-410- 1c. The child’s age;.
2d. The nature and extent of the child’s injuries, including
3any evidence of previous injuries;.
4e. The name, age and condition of other children in the same
5home;.
6f. Any other information which the person making the report
7believes might be helpful in establishing the cause of the
8injury to the child, the identity of the person or persons
9responsible for the injury, or in providing assistance to the
10child; and.
11g. The name and address of the person making the report.
126. A report made by a permissive reporter, as defined in
13section 232.69, subsection 2, shall be regarded as a report
14pursuant to this chapter whether or not the report contains
15all of the information required by this section and may be
16made to the department of human services, county attorney, or
17law enforcement agency. If the report is made to any agency
18other than the department of human services, such agency shall
19promptly refer the report to the department of human services.
20 Sec. 652. Section 232.72, subsections 1 and 2, Code 2023,
21are amended to read as follows:
221. For the purposes of this subchapter, the terms
23“department of health and human services”, “department”, or
24“county attorney” ordinarily refer to the service area or local
25office of the department of human services or of the county
26attorney’s office serving the county in which the child’s home
27is located.
282. If the person making a report of child abuse pursuant to
29this chapter does not know where the child’s home is located,
30or if the child’s home is not located in the service area where
31the health practitioner examines, attends, or treats the child,
32 the report may be made to the department or to the local office
33serving the county where the person making the report resides
34or the county where the health practitioner examines, attends,
35or treats the child. These agencies shall promptly proceed as
-411-1provided in section 232.71B, unless the matter is transferred
2as provided in this section.
3 Sec. 653. Section 232.75, subsection 3, Code 2023, is
4amended to read as follows:
53. A person who reports or causes to be reported to the
6department of human services false information regarding an
7alleged act of child abuse, knowing that the information
8is false or that the act did not occur, commits a simple
9misdemeanor.
10 Sec. 654. Section 232.78, subsection 4, Code 2023, is
11amended to read as follows:
124. The juvenile court may enter an order authorizing
13a physician or physician assistant or hospital to provide
14emergency medical or surgical procedures before the filing of
15a petition under this chapter provided all of the following
16conditions are met:
17a. Such procedures are necessary to safeguard the life and
18health of the child; and.
19b. There is not enough time to file a petition under this
20chapter and hold a hearing as provided in section 232.95.
21 Sec. 655. Section 232.79, subsection 4, paragraphs a and b,
22Code 2023, are amended to read as follows:
23a. When the court is informed that there has been an
24emergency removal or keeping of a child without a court order,
25the court shall direct the department of human services or
26the juvenile probation department to make every reasonable
27effort to communicate immediately with the child’s parent or
28parents or other person legally responsible for the child’s
29care. Upon locating the child’s parent or parents or other
30person legally responsible for the child’s care, the department
31of human services or the juvenile probation department shall,
32in accordance with court-established procedures, immediately
33orally inform the court. After orally informing the court,
34the department of human services or the juvenile probation
35department shall provide to the court written documentation of
-412-1the oral information.
2b. The court shall authorize the department of human
3services or the juvenile probation department to cause a
4child thus removed or kept to be returned if it concludes
5there is not an imminent risk to the child’s life and health
6in so doing. If the department of human services or the
7juvenile probation department receives information which could
8affect the court’s decision regarding the child’s return,
9the department of human services or the juvenile probation
10department, in accordance with court established procedures,
11shall immediately orally provide the information to the
12court. After orally providing the information to the court,
13the department of human services or the juvenile probation
14department shall provide to the court written documentation
15of the oral information. If the child is not returned,
16the department of human services or the juvenile probation
17department shall forthwith cause a petition to be filed within
18three days after the removal.
19 Sec. 656. Section 232.81, subsection 2, Code 2023, is
20amended to read as follows:
212. Upon receipt of a complaint, the court may request the
22department of human services, juvenile probation office, or
23other authorized agency or individual to conduct a preliminary
24investigation of the complaint to determine if further action
25should be taken.
26 Sec. 657. Section 232.82, subsection 2, Code 2023, is
27amended to read as follows:
282. If an order is entered under subsection 1 and a petition
29has not yet been filed under this chapter, the petition shall
30be filed under section 232.87 by the county attorney, the
31department of human services, or a juvenile court officer
32within three days of the entering of the order.
33 Sec. 658. Section 232.87, subsection 2, Code 2023, is
34amended to read as follows:
352. A petition may be filed by the department of human
-413-1services, juvenile court officer, or county attorney.
2 Sec. 659. Section 232.89, subsection 3, Code 2023, is
3amended to read as follows:
43. The court shall determine, after giving the parent,
5guardian, or custodian an opportunity to be heard, whether
6the person has the ability to pay in whole or in part for
7counsel appointed for the child. If the court determines
8that the person possesses sufficient financial ability,
9the court shall then consult with the department of human
10services, the juvenile probation office, or other authorized
11agency or individual regarding the likelihood of impairment
12of the relationship between the child and the child’s parent,
13guardian, or custodian as a result of ordering the parent,
14guardian, or custodian to pay for the child’s counsel. If
15impairment is deemed unlikely, the court shall order that
16person to pay an amount the court finds appropriate in the
17manner and to whom the court directs. If the person fails to
18comply with the order without good reason, the court shall
19enter judgment against the person. If impairment is deemed
20likely or if the court determines that the parent, guardian,
21or custodian cannot pay any part of the expenses of counsel
22appointed to represent the child, counsel shall be reimbursed
23pursuant to section 232.141, subsection 2, paragraph “b”.
24 Sec. 660. Section 232.96, subsections 4 and 6, Code 2023,
25are amended to read as follows:
264. A report made to the department of human services
27 pursuant to chapter 235A shall be admissible in evidence,
28but such a report shall not alone be sufficient to support a
29finding that the child is a child in need of assistance unless
30the attorneys for the child and the parents consent to such a
31finding.
326. A report, study, record, or other writing or an
33audiotape or videotape recording made by the department of
34human services, a juvenile court officer, a peace officer, a
35child protection center, or a hospital relating to a child in a
-414-1proceeding under this subchapter is admissible notwithstanding
2any objection to hearsay statements contained in it provided
3it is relevant and material and provided its probative value
4substantially outweighs the danger of unfair prejudice to the
5child’s parent, guardian, or custodian. The circumstances of
6the making of the report, study, record or other writing or an
7audiotape or videotape recording, including the maker’s lack of
8personal knowledge, may be proved to affect its weight.
9 Sec. 661. Section 232.97, subsection 1, Code 2023, is
10amended to read as follows:
111. The court shall not make a disposition of the petition
12until five working days after a social report has been
13submitted to the court and counsel for the child and has been
14considered by the court. The court may waive the five-day
15requirement upon agreement by all the parties. The court may
16direct either the juvenile court officer or the department
17of human services or any other agency licensed by the state
18to conduct a social investigation and to prepare a social
19report which may include any evidence provided by an individual
20providing foster care for the child. A report prepared shall
21include any founded reports of child abuse.
22 Sec. 662. Section 232.98, subsection 2, Code 2023, is
23amended to read as follows:
242. Following an adjudication that a child is a child in need
25of assistance, the court may after a hearing order the physical
26or mental examination of the parent, guardian, or custodian if
27that person’s ability to care for the child is at issue.
28 Sec. 663. Section 232.100, Code 2023, is amended to read as
29follows:
30232.100 Suspended judgment.
31After the dispositional hearing the court may enter an
32order suspending judgment and continuing the proceedings
33subject to terms and conditions imposed to assure the proper
34care and protection of the child. Such terms and conditions
35may include the supervision of the child and of the parent,
-415-1guardian, or custodian by the department of human services,
2juvenile court office, or other appropriate agency designated
3by the court. The maximum duration of any term or condition of
4a suspended judgment shall be twelve months unless the court
5finds at a hearing held during the last month of that period
6that exceptional circumstances require an extension of the term
7or condition for an additional six months.
8 Sec. 664. Section 232.101, subsection 1, Code 2023, is
9amended to read as follows:
101. After the dispositional hearing, the court may enter an
11order permitting the child’s parent, guardian, or custodian
12at the time of the filing of the petition to retain custody
13of the child subject to terms and conditions which the court
14prescribes to assure the proper care and protection of the
15child. Such terms and conditions may include supervision
16of the child and the parent, guardian, or custodian by the
17department of human services, juvenile court office, or other
18appropriate agency which the court designates. Such terms
19and conditions may also include the provision or acceptance
20by the parent, guardian, or custodian of special treatment or
21care which the child needs for the child’s physical or mental
22health. If the parent, guardian, or custodian fails to provide
23the treatment or care, the court may order the department
24of human services or some other appropriate state agency to
25provide such care or treatment.
26 Sec. 665. Section 232.102, subsections 4 and 6, Code 2023,
27are amended to read as follows:
284. a. Whenever possible the court should permit the
29child to remain at home with the child’s parent, guardian, or
30custodian. Custody of the child should not be transferred
31unless the court finds there is clear and convincing evidence
32that of any of the following:
33(1) The child cannot be protected from physical abuse
34without transfer of custody; or.
35(2) The child cannot be protected from some harm which would
-416-1justify the adjudication of the child as a child in need of
2assistance and an adequate placement is available.
3b. In order to transfer custody of the child under
4this subsection, the court must make a determination that
5continuation of the child in the child’s home would be contrary
6to the welfare of the child, and shall identify the reasonable
7efforts that have been made. The court’s determination
8regarding continuation of the child in the child’s home,
9and regarding reasonable efforts, including those made to
10prevent removal and those made to finalize any permanency
11plan in effect, as well as any determination by the court
12that reasonable efforts are not required, must be made on
13a case-by-case basis. The grounds for each determination
14must be explicitly documented and stated in the court order.
15However, preserving the safety of the child is the paramount
16consideration. If imminent danger to the child’s life or
17health exists at the time of the court’s consideration, the
18determinations otherwise required under this paragraph shall
19not be a prerequisite for an order for removal of the child.
20If the court transfers custody of the child, unless the
21court waives the requirement for making reasonable efforts or
22otherwise makes a determination that reasonable efforts are not
23required, reasonable efforts shall be made to make it possible
24for the child to safely return to the family’s home.
256. In any order transferring custody to the department
26or an agency, or in orders pursuant to a custody order, the
27court shall specify the nature and category of disposition
28which will serve the best interests of the child, and shall
29prescribe the means by which the placement shall be monitored
30by the court. If the court orders the transfer of the custody
31of the child to the department of human services or other
32agency for placement, the department or agency shall submit
33a case permanency plan to the court and shall make every
34reasonable effort to return the child to the child’s home as
35quickly as possible consistent with the best interests of the
-417-1child. When the child is not returned to the child’s home and
2if the child has been previously placed in a licensed foster
3care facility, the department or agency shall consider placing
4the child in the same licensed foster care facility. If the
5court orders the transfer of custody to a parent who does not
6have physical care of the child, other relative, or other
7suitable person, the court may direct the department or other
8agency to provide services to the child’s parent, guardian,
9or custodian in order to enable them to resume custody of the
10child. If the court orders the transfer of custody to the
11department of human services or to another agency for placement
12in group foster care, the department or agency shall make every
13reasonable effort to place the child in the least restrictive,
14most family-like, and most appropriate setting available, and
15in close proximity to the parents’ home, consistent with the
16child’s best interests and special needs, and shall consider
17the placement’s proximity to the school in which the child is
18enrolled at the time of placement.
19 Sec. 666. Section 232.103A, subsections 3 and 5, Code 2023,
20are amended to read as follows:
213. The juvenile court shall designate the petitioner and
22respondent for the purposes of the bridge order. A bridge
23order shall only address matters of custody, physical care, and
24visitation. All other matters, including child support, shall
25be filed by separate petition or by action of the child support
26recovery unit services, and shall be subject to existing
27applicable statutory provisions.
285. The district court shall take judicial notice of the
29juvenile file in any hearing related to the case. Records
30contained in the district court case file that were copied or
31transferred from the juvenile court file concerning the case
32shall be subject to section 232.147 and other confidentiality
33provisions of this chapter for cases not involving juvenile
34delinquency, and shall be disclosed, upon request, to the child
35support recovery unit services without a court order.
-418-1 Sec. 667. Section 232.111, subsection 1, Code 2023, is
2amended to read as follows:
31. A child’s guardian, guardian ad litem, or custodian,
4the department of human services, a juvenile court officer, or
5the county attorney may file a petition for termination of the
6parent-child relationship and parental rights with respect to a
7child.
8 Sec. 668. Section 232.116, subsection 1, paragraph l, Code
92023, is amended to read as follows:
10l. The court finds that all of the following have occurred:
11(1) The child has been adjudicated a child in need of
12assistance pursuant to section 232.96 and custody has been
13transferred from the child’s parents for placement pursuant to
14section 232.102.
15(2) The parent has a severe substance-related substance use
16 disorder as described by either of the following:
17(a) The severe substance-related substance use disorder
18meets the definition for that term as defined in the most
19current edition of the diagnostic and statistical manual
20prepared by the American psychiatric association, and the
21parent presents a danger to self or others as evidenced by
22prior acts.
23(b) The disorder is evidenced by continued and repeated use
24through the case, the parent’s refusal to obtain a substance
25abuse use disorder evaluation or treatment after given the
26opportunity to do so, and the parent presents a danger to self
27or others as evidenced by prior acts.
28(3) There is clear and convincing evidence that the parent’s
29prognosis indicates that the child will not be able to be
30returned to the custody of the parent within a reasonable
31period of time considering the child’s age and need for a
32permanent home.
33 Sec. 669. Section 232.142, Code 2023, is amended to read as
34follows:
35232.142 Maintenance and cost of juvenile homes — fund.
-419- 11. County boards of supervisors which singly or in
2conjunction with one or more other counties provide and
3maintain juvenile detention and juvenile shelter care homes are
4subject to this section.
52. For the purpose of providing and maintaining a county
6or multicounty home, the board of supervisors of any county
7may issue general county purpose bonds in accordance with
8sections 331.441 through 331.449. Expenses for providing and
9maintaining a multicounty home shall be paid by the counties
10participating in a manner to be determined by the boards of
11supervisors.
123. A county or multicounty juvenile detention home approved
13pursuant to this section shall receive financial aid from the
14state in a manner approved by the director, the director of the
15department of human rights, or a designee of the director of
16the department of human rights. Aid paid by the state shall
17be at least ten percent and not more than fifty percent of the
18total cost of the establishment, improvements, operation, and
19maintenance of the home. This subsection is repealed July 1,
202023.
214. The director, the director of the department of human
22rights, or a designee of the director of the department of
23human rights shall adopt minimal rules and standards for the
24establishment, maintenance, and operation of such homes as
25shall be necessary to effect the purposes of this chapter. The
26rules shall apply the requirements of section 237.8, concerning
27employment and evaluation of persons with direct responsibility
28for a child or with access to a child when the child is
29alone and persons residing in a child foster care facility,
30to persons employed by, residing in, or volunteering for a
31home approved under this section. The director shall, upon
32request, give guidance and consultation in the establishment
33and administration of the homes and programs for the homes.
34This subsection is repealed July 1, 2023.
355. The director, the director of the department of human
-420-1rights, or a designee of the director of the department of
2human rights shall approve annually all such homes established
3and maintained under the provisions of this chapter. A home
4shall not be approved unless it complies with minimal rules and
5standards adopted by the director and has been inspected by the
6department of inspections and appeals. The statewide number
7of beds in the homes approved by the director shall not exceed
8two hundred seventy-two beds beginning July 1, 2017. This
9subsection is repealed July 1, 2023.
106. A juvenile detention home fund is created in the
11state treasury under the authority of the department or the
12department of human rights as the department and the department
13of human rights agree. The fund shall consist of moneys
14deposited in the fund pursuant to section 602.8108. The moneys
15in the fund shall be used for the costs of the establishment,
16improvement, operation, and maintenance of county or
17multicounty juvenile detention homes in accordance with annual
18appropriations made by the general assembly from the fund for
19these purposes. This subsection is repealed July 1, 2023.
20 Sec. 670. Section 232.147, subsection 2, paragraphs c, e,
21and j, Code 2023, are amended to read as follows:
22c. The child’s parent, guardian, or custodian, court
23appointed special advocate, and guardian ad litem, and
24the members of the child advocacy board created in section
25237.16 or a local citizen foster care review board created in
26accordance with section 237.19 who are assigning or reviewing
27the child’s case.
28e. An agency, individual, association, facility, or
29institution responsible for the care, treatment, or supervision
30of the child pursuant to a court order or voluntary placement
31agreement with the department of human services, juvenile
32officer, or intake officer.
33j. The department of human services.
34 Sec. 671. Section 232.147, subsection 3, paragraphs c, e,
35and h, Code 2023, are amended to read as follows:
-421- 1c. The child’s parent, guardian, or custodian, court
2appointed special advocate, guardian ad litem, and the members
3of the child advocacy board created in section 237.16 or a
4local citizen foster care review board created in accordance
5with section 237.19 who are assigning or reviewing the child’s
6case.
7e. An agency, individual, association, facility, or
8institution responsible for the care, treatment, or supervision
9of the child pursuant to a court order or voluntary placement
10agreement with the department of human services, juvenile court
11officer, or intake officer.
12h. The department of human services.
13 Sec. 672. Section 232.147, subsection 4, paragraphs c, f,
14and j, Code 2023, are amended to read as follows:
15c. The child’s parent, guardian, or custodian, court
16appointed special advocate, guardian ad litem, and the members
17of the child advocacy board created in section 237.16 or a
18local citizen foster care review board created in accordance
19with section 237.19 who are assigning or reviewing the child’s
20case.
21f. An agency, individual, association, facility, or
22institution responsible for the care, treatment, or supervision
23of the child pursuant to a court order or voluntary placement
24agreement with the department of human services, juvenile court
25officer, or intake officer.
26j. The department of human services.
27 Sec. 673. Section 232.147, subsection 7, Code 2023, is
28amended to read as follows:
297. Official juvenile court records enumerated in section
30232.2, subsection 43, paragraph “e”, relating to paternity,
31support, or the termination of parental rights, shall be
32disclosed, upon request, to the child support recovery unit
33 services without court order.
34 Sec. 674. Section 232.149, subsection 5, paragraph h, Code
352023, is amended to read as follows:
-422- 1h. The department of human services.
2 Sec. 675. Section 232.149A, subsection 3, paragraphs c and
3e, Code 2023, are amended to read as follows:
4c. The child’s parent, guardian, or custodian, court
5appointed special advocate, and guardian ad litem, and
6the members of the child advocacy board created in section
7237.16 or a local citizen foster care review board created in
8accordance with section 237.19 who are assigning or reviewing
9the child’s case.
10e. An agency, association, facility, or institution which
11has custody of the child, or is legally responsible for the
12care, treatment, or supervision of the child, including but not
13limited to the department of human services.
14 Sec. 676. Section 232.158A, subsection 1, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16Notwithstanding any provision of the interstate compact
17on the placement of children under section 232.158 to the
18contrary, the department of human services shall permit the
19legal risk placement of a child under the interstate compact on
20the placement of children if the prospective adoptive parent
21provides a legal risk statement, in writing, acknowledging all
22of the following:
23 Sec. 677. Section 232.158A, subsection 1, paragraph d, Code
242023, is amended to read as follows:
25d. That the prospective adoptive parent assumes full legal,
26financial, and other risks associated with the legal risk
27placement and that the prospective adoptive parent agrees
28to hold the department of human services harmless for any
29disruption or failure of the placement.
30 Sec. 678. Section 232.160, Code 2023, is amended to read as
31follows:
32232.160 Department of health and human services as public
33authority.
34The “appropriate public authorities” as used in article III
35of the interstate compact on the placement of children under
-423-1section 232.158 shall, with reference to this state, mean the
2state department of health and human services and said the
3 department shall receive and act with reference to notices
4required by article III of that interstate compact.
5 Sec. 679. Section 232.161, Code 2023, is amended to read as
6follows:
7232.161 Department as authority in receiving state.
8As used in paragraph “a” of article V of the interstate
9compact on the placement of children under section 232.158,
10the phrase “appropriate authority in the receiving state” with
11reference to this state shall mean means the state department
12of health and human services.
13 Sec. 680. Section 232.162, Code 2023, is amended to read as
14follows:
15232.162 Authority to enter agreements.
16The officers and agencies of this state and its subdivisions
17having authority to place children may enter into agreements
18with appropriate officers or agencies of or in other party
19states pursuant to paragraph “b” of article V of the interstate
20compact on the placement of children under section 232.158.
21Any such agreement which contains a financial commitment or
22imposes a financial obligation on this state or a subdivision
23or agency of this state shall not be binding unless it has the
24approval in writing of the administrator of child and family
25services director or the director’s designee in the case of the
26state and the county general assistance director in the case
27of a subdivision of the state.
28 Sec. 681. Section 232.168, Code 2023, is amended to read as
29follows:
30232.168 Attorney general to enforce.
31The attorney general may, on the attorney general’s own
32initiative, institute any criminal and civil actions and
33proceedings under this subchapter, at whatever stage of
34placement necessary, to enforce the interstate compact on
35the placement of children, including, but not limited to,
-424-1seeking enforcement of the provisions of the compact through
2the courts of a party state. The department of human services
3 shall cooperate with the attorney general and shall refer any
4placement or proposed placement to the attorney general which
5may require enforcement measures.
6 Sec. 682. Section 232.171, subsection 4, Code 2023, is
7amended to read as follows:
84. Article IV — Return of runaways.
9a. (1) That the parent, guardian, or person or agency
10entitled to legal custody of a juvenile who has not been
11adjudged delinquent but who has run away without the consent
12of such parent, guardian, or person or agency may petition
13the appropriate court in the demanding state for the issuance
14of a requisition for the juvenile’s return. The petition
15shall state the name and age of the juvenile, the name of the
16petitioner and the basis of entitlement to the juvenile’s
17custody, the circumstances of the juvenile’s running away,
18the juvenile’s location if known at the time application
19is made, and such other facts as may tend to show that the
20juvenile who has run away is endangering the juvenile’s own
21welfare or the welfare of others and is not an emancipated
22minor. The petition shall be verified by affidavit, shall
23be executed in duplicate, and shall be accompanied by two
24certified copies of the document or documents on which the
25petitioner’s entitlement to the juvenile’s custody is based,
26such as birth certificates, letters of guardianship, or custody
27decrees. Such further affidavits and other documents as may
28be deemed proper may be submitted with such petition. The
29judge of the court to which this application is made may hold a
30hearing thereon to determine whether for the purposes of this
31compact the petitioner is entitled to the legal custody of the
32juvenile, whether or not it appears that the juvenile has in
33fact run away without consent, whether or not the juvenile is
34an emancipated minor, and whether or not it is in the best
35interest of the juvenile to compel the juvenile’s return to
-425-1the state. If the judge determines, either with or without a
2hearing, that the juvenile should be returned, the judge shall
3present to the appropriate court or to the executive authority
4of the state where the juvenile is alleged to be located a
5written requisition for the return of such juvenile. Such
6requisition shall set forth the name and age of the juvenile,
7the determination of the court that the juvenile has run away
8without the consent of a parent, guardian, or person or agency
9entitled to the juvenile’s legal custody, and that it is in
10the best interest and for the protection of such juvenile that
11the juvenile be returned. In the event that a proceeding for
12the adjudication of the juvenile as a delinquent, neglected or
13dependent juvenile is pending in the court at the time when
14such juvenile runs away, the court may issue a requisition for
15the return of such juvenile upon its own motion, regardless
16of the consent of the parent, guardian, or person or agency
17entitled to legal custody, reciting therein the nature and
18circumstances of the pending proceeding. The requisition shall
19in every case be executed in duplicate and shall be signed by
20the judge. One copy of the requisition shall be filed with the
21compact administrator of the demanding state, there to remain
22on file subject to the provisions of law governing records
23of such court. Upon the receipt of a requisition demanding
24the return of a juvenile who has run away, the court or the
25executive authority to whom the requisition is addressed shall
26issue an order to any peace officer or other appropriate person
27directing the officer or person to take into custody and detain
28such juvenile. Such detention order must substantially recite
29the facts necessary to the validity of its issuance hereunder.
30No juvenile detained upon such order shall be delivered over
31to the officer whom the court demanding the juvenile shall
32have appointed to receive the juvenile, unless the juvenile
33shall first be taken forthwith before a judge of a court in the
34state, who shall inform the juvenile of the demand made for
35the juvenile’s return, and who may appoint counsel or guardian
-426-1ad litem for the juvenile. If the judge of such court shall
2find that the requisition is in order, the judge shall deliver
3such juvenile over to the officer whom the court demanding the
4juvenile shall have appointed to receive the juvenile. The
5judge, however, may fix a reasonable time to be allowed for the
6purpose of testing the legality of the proceeding.
7(2) Upon reasonable information that a person is a juvenile
8who has run away from another state party to this compact
9without the consent of a parent, guardian, or person or agency
10entitled to the juvenile’s legal custody, such juvenile may be
11taken into custody without a requisition and brought forthwith
12before a judge of the appropriate court who may appoint counsel
13or guardian ad litem for such juvenile and who shall determine
14after a hearing whether sufficient cause exists to hold the
15person, subject to the order of the court, for the person’s own
16protection and welfare, for such a time not exceeding ninety
17days as will enable the person’s return to another state party
18to this compact pursuant to a requisition for the person’s
19return from a court of that state. If, at the time when a
20state seeks the return of a juvenile who has run away, there is
21pending in the state wherein the juvenile is found any criminal
22charge, or any proceeding to have the juvenile adjudicated a
23delinquent juvenile for an act committed in such state, or
24if the juvenile is suspected of having committed within such
25state a criminal offense or an act of juvenile delinquency,
26the juvenile shall not be returned without the consent of
27such state until discharged from prosecution or other form of
28proceeding, imprisonment, detention or supervision for such
29offense or juvenile delinquency. The duly accredited officers
30of any state party to this compact, upon the establishment
31of their authority and the identity of the juvenile being
32returned, shall be permitted to transport such juvenile through
33any and all states party to this compact, without interference.
34Upon the juvenile’s return to the state from which the juvenile
35ran away, the juvenile shall be subject to such further
-427-1proceedings as may be appropriate under the laws of that state.
2b. That the state to which a juvenile is returned under this
3article shall be responsible for payment of the transportation
4costs of such return.
5c. That “juvenile” as used in this article means any person
6who is a minor under the law of the state of residence of the
7parent, guardian, or person or agency entitled to the legal
8custody of such minor.
9 Sec. 683. Section 232.171, subsection 7, paragraph a, Code
102023, is amended to read as follows:
11a. That the duly constituted judicial and administrative
12authorities of a state party to this compact, herein called
13“sending state”, may permit any delinquent juvenile within
14such state, placed on probation or parole, to reside in any
15other state party to this compact, herein called “receiving
16state”, while on probation or parole, and the receiving
17state shall accept such delinquent juvenile, if the parent,
18guardian, or person entitled to the legal custody of such
19delinquent juvenile is residing or undertakes to reside
20within the receiving state. Before granting such permission,
21opportunity shall be given to the receiving state to make such
22investigations as it deems necessary. The authorities of the
23sending state shall send to the authorities of the receiving
24state copies of pertinent court orders, social case studies
25and all other available information which may be of value to
26and assist the receiving state in supervising a probationer
27or parolee under this compact. A receiving state, in its
28discretion, may agree to accept supervision of a probationer or
29parolee in cases where the parent, guardian, or person entitled
30to the legal custody of the delinquent juvenile is not a
31resident of the receiving state, and if so accepted the sending
32state may transfer supervision accordingly.
33 Sec. 684. Section 232.171, subsection 10, paragraph f, Code
342023, is amended to read as follows:
35f. Provide that the consent of the parent, guardian, or
-428-1 person or agency entitled to the legal custody of said the
2 delinquent juvenile shall be secured prior to the juvenile
3being sent to another state; and
4 Sec. 685. Section 232.188, Code 2023, is amended to read as
5follows:
6232.188 Decategorization of child welfare and juvenile
7justice funding initiative.
81. Definitions. For the purposes of this section, unless
9the context otherwise requires:
10a. “Decategorization governance board” or “governance
11board” means the group that enters into and implements a
12decategorization project agreement.
13b. “Decategorization project” means the county or counties
14that have entered into a decategorization agreement to
15implement the decategorization initiative in the county or
16multicounty area covered by the agreement.
17c. “Decategorization services funding pool” or “funding pool”
18means the funding designated for a decategorization project
19from all sources.
202. Purpose. The decategorization of the child welfare and
21juvenile justice funding initiative is intended to establish
22a system of delivering human services based upon client needs
23to replace a system based upon a multitude of categorical
24programs and funding sources, each with different service
25definitions and eligibility requirements. The purposes of
26the decategorization initiative include but are not limited
27to redirecting child welfare and juvenile justice funding
28to services which are more preventive, family-centered,
29and community-based in order to reduce use of restrictive
30approaches which rely upon institutional, out-of-home, and
31out-of-community services.
323. Implementation.
33a. Implementation of the initiative shall be through
34creation of decategorization projects. A project shall consist
35of either a single county or a group of counties interested
-429-1in jointly implementing the initiative. Representatives of
2the department, juvenile court services, and county government
3shall develop a project agreement to implement the initiative
4within a project.
5b. The initiative shall include community planning
6activities in the area covered by a project. As part of
7the community planning activities, the department shall
8partner with other community stakeholders to develop service
9alternatives that provide less restrictive levels of care for
10children and families receiving services from the child welfare
11and juvenile justice systems within the project area.
12c. The decategorization initiative shall not be implemented
13in a manner that limits the legal rights of children and
14families to receive services.
154. Governance board.
16a. In partnership with an interested county or group of
17counties which has demonstrated the commitment and involvement
18of the affected county department, or departments, of human
19services, the juvenile justice system within the project
20area, and board, or boards, of supervisors in order to form
21a decategorization project, the department shall develop
22a process for combining specific state and state-federal
23funding categories into a decategorization services funding
24pool for that project. A decategorization project shall be
25implemented by a decategorization governance board. The
26decategorization governance board shall develop specific,
27quantifiable short-term and long-term plans for enhancing the
28family-centered and community-based services and reducing
29reliance upon out-of-community care in the project area.
30b. The department shall work with the decategorization
31governance boards to best coordinate planning activities and
32most effectively target funding resources. A departmental
33service area manager The department shall work with the
34decategorization governance boards in that service area to
35support board planning and service development activities and
-430-1to promote the most effective alignment of resources.
2c. A decategorization governance board shall coordinate
3the project’s planning and budgeting activities with the
4departmental service area manager department’s designee for the
5county or counties comprising the project area and the early
6childhood Iowa area board or boards for the early childhood
7Iowa area or areas within which the decategorization project
8is located.
95. Funding pool.
10a. The governance board for a decategorization project has
11authority over the project’s decategorization services funding
12pool and shall manage the pool to provide more flexible,
13individualized, family-centered, preventive, community-based,
14comprehensive, and coordinated service systems for children and
15families served in that project area. A funding pool shall
16also be used for child welfare and juvenile justice systems
17enhancements.
18b. Notwithstanding section 8.33, moneys designated for a
19project’s decategorization services funding pool that remain
20unencumbered or unobligated at the close of the fiscal year
21shall not revert but shall remain available for expenditure as
22directed by the project’s governance board for child welfare
23and juvenile justice systems enhancements and other purposes
24of the project for the next three succeeding fiscal years.
25Such moneys shall be known as “carryover funding”. Moneys may
26be made available to a funding pool from one or more of the
27following sources:
28(1) Funds designated for the initiative in a state
29appropriation.
30(2) Child welfare and juvenile justice services funds
31designated for the initiative by a departmental service area
32manager the department.
33(3) Juvenile justice program funds designated for the
34initiative by a chief juvenile court officer.
35(4) Carryover funding.
-431- 1(5) Any other source designating moneys for the funding
2pool.
3c. The services and activities funded from a project’s
4funding pool may vary depending upon the strategies selected
5by the project’s governance board and shall be detailed in an
6annual child welfare and juvenile justice decategorization
7services plan developed by the governance board. A
8decategorization governance board shall involve community
9representatives and county organizations in the development of
10the plan for that project’s funding pool. In addition, the
11governance board shall coordinate efforts through communication
12with the appropriate departmental service area manager
13 department regarding budget planning and decategorization
14service decisions.
15d. A decategorization governance board is responsible for
16ensuring that decategorization services expenditures from that
17project’s funding pool do not exceed the amount of funding
18available. If necessary, the governance board shall reduce
19expenditures or discontinue specific services as necessary to
20manage within the funding pool resources available for a fiscal
21year.
22e. The annual child welfare and juvenile justice
23decategorization services plan developed for use of the funding
24pool by a decategorization governance board shall be submitted
25to the department administrator of child welfare services
26 and the early childhood Iowa state board. In addition, the
27decategorization governance board shall submit an annual
28progress report to the department administrator and the early
29childhood Iowa state board which summarizes the progress made
30toward attaining the objectives contained in the plan. The
31progress report shall serve as an opportunity for information
32sharing and feedback.
336. Departmental role. A The departmental service area’s
34 share of the child welfare appropriation that is not allocated
35by law for the decategorization initiative shall be managed
-432-1by and is under the authority of the service area manager
2 department. A service area manager The department is
3responsible for meeting the child welfare service needs in the
4counties comprising the service area with the available funding
5resources.
6 Sec. 686. Section 232.189, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8Based upon a model reasonable efforts family court
9initiative, the director of human services and the chief
10justice of the supreme court or their designees shall jointly
11establish and implement a statewide protocol for reasonable
12efforts, as defined in section 232.102. In addition, the
13director and the chief justice shall design and implement
14a system for judicial and departmental reasonable efforts
15education for deployment throughout the state. The system for
16reasonable efforts education shall be developed in a manner
17which addresses the particular needs of rural areas and shall
18include but is not limited to all of the following topics:
19 Sec. 687. Section 232B.3, Code 2023, is amended by adding
20the following new subsections:
21 NEW SUBSECTION. 3A. “Department” means the department of
22health and human services.
23 NEW SUBSECTION. 3B. “Director” means the director of health
24and human services.
25 Sec. 688. Section 232B.9, subsections 8 and 9, Code 2023,
26are amended to read as follows:
278. A record of each foster care placement, emergency
28removal, preadoptive placement, or adoptive placement of an
29Indian child, under the laws of this state, shall be maintained
30in perpetuity by the department of human services in accordance
31with section 232B.13. The record shall document the active
32efforts to comply with the applicable order of preference
33specified in this section.
349. The state of Iowa recognizes the authority of Indian
35tribes to license foster homes and to license agencies to
-433-1receive children for control, care, and maintenance outside
2of the children’s own homes, or to place, receive, arrange
3the placement of, or assist in the placement of children for
4foster care or adoption. The department of human services and
5child-placing agencies licensed under chapter 238 may place
6children in foster homes and facilities licensed by an Indian
7tribe.
8 Sec. 689. Section 232B.11, subsections 1 and 2, Code 2023,
9are amended to read as follows:
101. The director of human services or the director’s designee
11shall make a good faith effort to enter into agreements
12with Indian tribes regarding jurisdiction over child custody
13proceedings and the care and custody of Indian children whose
14tribes have land within Iowa, including but not limited to
15the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and
16the Winnebago tribe, and whose tribes have an Indian child
17who resides in the state of Iowa. An agreement shall seek to
18promote the continued existence and integrity of the Indian
19tribe as a political entity and the vital interest of Indian
20children in securing and maintaining a political, cultural,
21and social relationship with their tribes. An agreement
22shall assure that tribal services and Indian organizations
23or agencies are used to the greatest extent practicable in
24planning and implementing any action pursuant to the agreement
25concerning the care and custody of Indian children. If tribal
26services are not available, an agreement shall assure that
27community services and resources developed specifically for
28Indian families will be used.
292. If an agreement entered into between the tribe and the
30department of human services pertaining to the funding of
31foster care placements for Indian children conflicts with any
32federal or state law, the state in a timely, good faith manner
33shall agree to amend the agreement in a way that prevents any
34interruption of services to eligible Indian children.
35 Sec. 690. Section 232B.12, Code 2023, is amended to read as
-434-1follows:
2232B.12 Payment of foster care expenses.
31. If the department of human services has legal custody
4of an Indian child and that child is placed in foster care
5according to the placement preferences under section 232B.9
6the state shall pay, subject to any applicable federal funding
7limitations and requirements, the cost of the foster care in
8the manner and to the same extent the state pays for foster
9care of non-Indian children, including the administrative and
10training costs associated with the placement. In addition,
11the state shall pay the other costs related to the foster care
12placement of an Indian child as may be provided for in an
13agreement entered into between a tribe and the state.
142. The department of human services may, subject to any
15applicable federal funding limitations and requirements and
16within funds appropriated for foster care services, purchase
17care for Indian children who are in the custody of a federally
18recognized Indian tribe or tribally licensed child-placing
19agency pursuant to parental consent, tribal court order, or
20state court order; and the purchase of the care is subject to
21the same eligibility standards and rates of support applicable
22to other children for whom the department purchases care.
23 Sec. 691. Section 232B.13, subsections 1, 3, 4, and 5, Code
242023, are amended to read as follows:
251. The department of human services shall establish an
26automated database where a permanent record shall be maintained
27of every involuntary or voluntary foster care, preadoptive
28placement, or adoptive placement of an Indian child that is
29ordered by a court of this state and in which the department
30was involved. The automated record shall document the active
31efforts made to comply with the order of placement preference
32specified in section 232B.9. An Indian child’s placement
33record shall be maintained in perpetuity by the department
34of human services and shall include but is not limited to
35the name, birthdate, and gender of the Indian child, and the
-435-1location of the local department office that maintains the
2original file and documents containing the information listed
3in subsection 2.
43. If a court orders the foster care, preadoptive placement,
5or adoptive placement of an Indian child, the court and any
6state-licensed child-placing agency involved in the placement
7shall provide the department of human services with the records
8described in subsections 1 and 2.
94. A record maintained pursuant to this section by the
10department of human services, a county department of human
11services, state-licensed child-placing agency, private
12attorney, or medical facility shall be made available within
13seven days of a request for the record by the Indian child’s
14tribe or the secretary of the interior.
155. Upon the request of an Indian individual who is eighteen
16years of age or older, or upon the request of an Indian
17child’s parent, Indian custodian, attorney, guardian ad litem,
18guardian, legal custodian, or caseworker of the Indian child,
19the department of human services, a county department of
20human services, state-licensed child-placing agency, private
21attorney, or medical facility shall provide access to the
22records pertaining to the Indian individual or child maintained
23pursuant to this section. The records shall also be made
24available upon the request of the descendants of the Indian
25individual or child. A record shall be made available within
26seven days of a request for the record by any person authorized
27by this subsection to make the request.
28 Sec. 692. Section 232B.14, subsection 1, Code 2023, is
29amended to read as follows:
301. The department of human services, in consultation
31with Indian tribes, shall establish standards and procedures
32for the department’s review of cases subject to this chapter
33and methods for monitoring the department’s compliance with
34provisions of the federal Indian Child Welfare Act and this
35chapter. These standards and procedures and the monitoring
-436-1methods shall be integrated into the department’s structure
2and plan for the federal government’s child and family service
3review process and any program improvement plan resulting from
4that process.
5 Sec. 693. Section 232C.2, subsection 1, Code 2023, is
6amended to read as follows:
71. Prior to an emancipation hearing held pursuant to
8section 232C.1, the court, on its own motion, may stay the
9proceedings, and refer the parties to mediation or request
10that the department of health and human services investigate
11any allegations of child abuse or neglect contained in the
12petition, and order that a written report be prepared and filed
13by the department.
14 Sec. 694. Section 232C.4, subsection 6, Code 2023, is
15amended to read as follows:
166. A parent who is absolved of child support obligations
17pursuant to an emancipation order shall notify the child
18support recovery unit services of the department of health and
19 human services of the emancipation.
20 Sec. 695. Section 232D.204, subsection 4, Code 2023, is
21amended to read as follows:
224. A proceeding under this section shall not create a new
23eligibility category for the department of health and human
24services protective services.
25 Sec. 696. Section 232D.307, subsection 3, Code 2023, is
26amended to read as follows:
273. The judicial branch in conjunction with the department
28of public safety, the department of health and human services,
29and the state chief information officer shall establish
30procedures for electronic access to the single contact
31repository necessary to conduct background checks requested
32under subsection 1.
33 Sec. 697. Section 233.2, subsection 2, paragraphs c and d,
34Code 2023, are amended to read as follows:
35c. If the physical custody of the newborn infant is
-437-1relinquished at an institutional health facility, the state
2shall reimburse the institutional health facility for the
3institutional health facility’s actual expenses in providing
4care to the newborn infant and in performing acts necessary to
5protect the physical health or safety of the newborn infant.
6The reimbursement shall be paid from moneys appropriated for
7this purpose to the department of health and human services.
8d. If the name of the parent is unknown to the institutional
9health facility, the individual on duty or other person
10designated by the institutional health facility at which
11physical custody of the newborn infant was relinquished shall
12submit the certificate of birth report as required pursuant to
13section 144.14. If the name of the parent is disclosed to the
14institutional health facility, the facility shall submit the
15certificate of birth report as required pursuant to section
16144.13. The department of public health and human services
17 shall not file the certificate of birth with the county of
18birth and shall otherwise maintain the confidentiality of the
19birth certificate in accordance with section 144.43.
20 Sec. 698. Section 233.2, subsection 3, Code 2023, is amended
21to read as follows:
223. As soon as possible after the individual on duty or first
23responder assumes physical custody of a newborn infant released
24under subsection 1, the individual or first responder shall
25notify the department of health and human services and the
26department shall take the actions necessary to assume the care,
27control, and custody of the newborn infant. The department
28shall immediately notify the juvenile court and the county
29attorney of the department’s action and the circumstances
30surrounding the action and request an ex parte order from the
31juvenile court ordering, in accordance with the requirements of
32section 232.78, the department to take custody of the newborn
33infant. Upon receiving the order, the department shall take
34custody of the newborn infant. Within twenty-four hours of
35taking custody of the newborn infant, the department shall
-438-1notify the juvenile court and the county attorney in writing
2of the department’s action and the circumstances surrounding
3the action.
4 Sec. 699. Section 233.6, unnumbered paragraph 1, Code 2023,
5is amended to read as follows:
6The department of health and human services, in consultation
7with the Iowa department of public health and the department of
8justice, shall develop and distribute the following:
9 Sec. 700. Section 233A.1, Code 2023, is amended to read as
10follows:
11233A.1 State training school — Eldora.
121. Effective January 1, 1992, a diagnosis and evaluation
13center and other units are established at the state training
14school to provide court-committed male juvenile delinquents a
15program which focuses upon appropriate developmental skills,
16treatment, placements, and rehabilitation.
172. The diagnosis and evaluation center which is used to
18identify appropriate treatment and placement alternatives for
19juveniles and any other units for juvenile delinquents which
20are located at Eldora shall be known as the “state training
21school”.
223. For the purposes of this chapter “director”:
23a. “Department” means the department of health and human
24services.
25b. “Director”means the director of health and human
26services and “superintendent”.
27c. “State training school” means the diagnosis and
28evaluation center which is used to identify appropriate
29treatment and placement alternatives for juveniles and any
30other units for juvenile delinquents which are located at
31Eldora.
32d. “Superintendent”means the administrator in charge of the
33diagnosis and evaluation center for juvenile delinquents and
34other units at the state training school.
353. 4. The number of children present at any one time at
-439-1the state training school shall not exceed the population
2guidelines established under 1990 Iowa Acts, ch.1239, §21, as
3adjusted for subsequent changes in the capacity at the training
4school.
5 Sec. 701. Section 233A.3, Code 2023, is amended to read as
6follows:
7233A.3 Salary.
8The salary of the superintendent of the state training
9school shall be determined by the administrator director.
10 Sec. 702. Section 233A.6, Code 2023, is amended to read as
11follows:
12233A.6 Visits.
13Members of the executive council, the attorney general,
14the lieutenant governor, members of the general assembly,
15judges of the supreme and district court and court of appeals,
16magistrates, county attorneys, and persons ordained or
17designated as regular leaders of a religious community are
18authorized to may visit the state training school at reasonable
19times. No other person shall be granted admission except by
20permission of the superintendent.
21 Sec. 703. Section 233A.7, Code 2023, is amended to read as
22follows:
23233A.7 Placing in families.
24All children committed to and received in the state training
25school may be placed by the department under foster care
26arrangements, with any persons or in families of good standing
27and character where they the children will be properly cared
28for and educated. The cost of foster care provided under these
29arrangements shall be paid as provided in section 234.35.
30 Sec. 704. Section 233A.8, Code 2023, is amended to read as
31follows:
32233A.8 Articles of agreement.
33Such children shall be so A child placed in foster care as
34provided in section 233A.7 shall be placed under articles of
35agreement, approved by the administrator director and signed
-440-1by the person or persons taking them providing foster care and
2by the superintendent. Said The articles of agreement shall
3provide for the custody, care, education, maintenance, and
4earnings of said children the child for a time to be fixed
5 specified in said the articles, which shall not extend beyond
6the time when the persons bound shall attain the child attains
7 age of eighteen years of age.
8 Sec. 705. Section 233A.9, Code 2023, is amended to read as
9follows:
10233A.9 Resuming custody of child.
11In case If a child so placed be in foster care as provided
12in section 233A.7 is not given the care, education, treatment,
13and maintenance required by such the articles of agreement, the
14administrator director may cause the child to be taken from
15the person with whom placed and returned return the child to
16the institution state training school, or may replace place
17the child in a different foster care placement, or release, or
18finally discharge the child as may seem best.
19 Sec. 706. Section 233A.10, Code 2023, is amended to read as
20follows:
21233A.10 Unlawful interference.
22It shall be unlawful for any parent or other person not
23a party to such the placing of a child in foster care to
24interfere in any manner or assume or exercise any control over
25such the child or the child’s earnings. Said The child’s
26 earnings shall be used, held, or otherwise applied for the
27exclusive benefit of such the child, in accordance with section
28234.37.
29 Sec. 707. Section 233A.11, Code 2023, is amended to read as
30follows:
31233A.11 County attorney to appear for child.
32In case legal proceedings are necessary to enforce any
33right conferred on any child by sections 233A.7 through
34233A.10, the county attorney of the county in which such
35proceedings should be instituted shall, on the request of the
-441-1superintendent, approved by subject to the approval of the
2administrator director, institute and carry on, in the name of
3the superintendent, out the proceedings in on behalf of the
4superintendent.
5 Sec. 708. Section 233A.12, Code 2023, is amended to read as
6follows:
7233A.12 Discharge or parole.
8The administrator director may at any time after one year’s
9service order the discharge or parole of any inmate as a reward
10for good conduct, and may, in exceptional cases, discharge or
11parole inmates without regard to the length of their service
12or conduct, when satisfied that the reasons therefor for the
13discharge or parole are urgent and sufficient. If paroled upon
14satisfactory evidence of reformation, the order may remain in
15effect or terminate under such rules as the administrator may
16prescribe prescribed by the director.
17 Sec. 709. Section 233A.13, Code 2023, is amended to read as
18follows:
19233A.13 Binding out or discharge Discharge.
20The binding out or the discharge of an inmate as reformed, or
21having arrived at the age of eighteen years of age, shall be a
22complete release from all penalties incurred by the conviction
23for the offense upon which the child was committed to the
24school.
25 Sec. 710. Section 233A.14, Code 2023, is amended to read as
26follows:
27233A.14 Transfers to other institutions.
28The administrator director may transfer minor wards of
29the state to the state training school minor wards of the
30state from any institution under the administrator’s charge
31 director’s control, but no a person shall not be so transferred
32who is mentally ill or has a mental illness or an intellectual
33disability. Any child in the state training school who is
34mentally ill has a mental illness or has an intellectual
35disability may be transferred by the administrator director to
-442-1the proper state institution.
2 Sec. 711. Section 233A.15, Code 2023, is amended to read as
3follows:
4233A.15 Transfers to work in parks.
51. The administrator director may detail assign children,
6classed as from the state training school deemed trustworthy,
7from the state training school, to perform services for the
8department of natural resources within the state parks, state
9game and forest areas, and other lands under the jurisdiction
10of the department of natural resources. The department of
11natural resources shall provide permanent housing and work
12guidance supervision, but the care and custody of the children
13so detailed assigned shall remain under employees of the
14division of child and family services of with the department of
15human services. All such programs shall have as their primary
16purpose and shall provide for inculcation or the activation of
17attitudes, skills, and habit patterns which will be conducive
18to the habilitation of the youths children involved.
192. The administrator is hereby authorized to director
20may use state-owned mobile housing equipment and facilities
21in performing services at temporary locations in the areas
22described in subsection 1.
23 Sec. 712. Section 234.1, Code 2023, is amended to read as
24follows:
25234.1 Definitions.
26As used in this chapter, unless the context otherwise
27requires:
281. “Administrator” means the administrator of the division.
292. 1. “Child” means either a person less than eighteen
30years of age or a person eighteen, nineteen, or twenty years of
31age who meets all of the following conditions:
32a. The person was placed by court order issued pursuant
33to chapter 232 in foster care or in an institution listed in
34section 218.1 and either of the following situations apply to
35the person:
-443- 1(1) After reaching eighteen years of age, the person
2has remained continuously and voluntarily under the care
3of an individual, as defined in section 237.1, licensed to
4provide foster care pursuant to chapter 237 or in a supervised
5apartment living arrangement, in this state.
6(2) The person aged out of foster care after reaching
7eighteen years of age and subsequently voluntarily applied for
8placement with an individual, as defined in section 237.1,
9licensed to provide foster care pursuant to chapter 237 or for
10placement in a supervised apartment living arrangement, in this
11state.
12b. The person has demonstrated a willingness to participate
13in case planning and to complete the responsibilities
14prescribed in the person’s case permanency plan.
15c. The department has made an application for the person
16for adult services upon a determination that it is likely the
17person will need or be eligible for services or other support
18from the adult services system.
193. “Division” or “state division” means that division of the
20department of human services to which the director has assigned
21responsibility for income and service programs.
224. “Food assistance program” means the benefits provided
23through the United States department of agriculture program
24administered by the department of human services in accordance
25with 7 C.F.R. pts.270 – 283.
262. “Council” means the council on health and human services.
273. “Department” means the department of health and human
28services.
294. “Director” means the director of health and human
30services.
315. “Food programs” means the food stamp supplemental
32nutrition assistance program and donated foods programs
33authorized by federal law under the United States department
34of agriculture.
356. “Supplemental nutrition assistance program” or “SNAP”
-444-1 means benefits provided by the federal program administered
2through 7 C.F.R.pts.270 – 280, as amended.
3 Sec. 713. Section 234.4, Code 2023, is amended to read as
4follows:
5234.4 Education of children in departmental programs.
6If the department of human services has custody or has other
7responsibility for a child based upon the child’s involvement
8in a departmental program involving foster care, preadoption or
9adoption, or subsidized guardianship placement and the child
10is subject to the compulsory attendance law under chapter 299,
11the department shall fulfill the responsibilities outlined in
12section 299.1 and other responsibilities under federal and
13state law regarding the child’s school attendance. As part
14of fulfilling the responsibilities described in this section,
15if the department has custody or other responsibility for
16placement and care of a child and the child transfers to a
17different school during or immediately preceding the period of
18custody or other responsibility, within the first six weeks of
19the transfer date the department shall assess the student’s
20degree of success in adjusting to the different school.
21 Sec. 714. Section 234.6, Code 2023, is amended to read as
22follows:
23234.6 Powers and duties of the administrator director.
241. The administrator shall be vested with the authority
25to director shall administer the family investment program,
26state supplementary assistance, food programs, child welfare,
27and emergency relief, family and adult service programs, and
28any other form of public welfare assistance and institutions
29that are placed under the administrator’s director’s
30 administration. The administrator director shall perform
31duties, shall formulate and adopt rules as may be necessary,
32and shall outline policies, dictate procedure, and delegate
33such powers as may be necessary for competent and efficient
34administration. Subject to restrictions that may be imposed
35by the director of human services and the council on human
-445-1services, the administrator director may abolish, alter,
2consolidate, or establish subdivisions subunits and may abolish
3or change offices previously created existing subunits. The
4administrator director may employ necessary personnel and
5fix determine their compensation; may allocate or reallocate
6functions and duties among any subdivisions now existing or
7later established subunits; and may adopt rules relating to the
8employment of personnel and the allocation of their functions
9and duties among the various subdivisions subunits as required
10for competent and efficient administration may require. The
11administrator director shall do all of the following:
12a. Cooperate with the social security administration created
13by the Social Security Act and codified at 42 U.S.C. §901,
14or other agency of the federal government for public welfare
15 assistance, in such reasonable manner as may be necessary to
16qualify for federal aid, including the making of such reports
17in such form and containing such information as the social
18security administration, from time to time, may require,
19and to comply with such regulations as such social security
20administration, from time to time, may find necessary to assure
21the correctness and verification of such reports.
22b. Furnish information to acquaint the public generally
23with the operation of the federal Acts under the director’s
24 jurisdiction of the administrator.
25c. With the approval of the director of human services,
26the governor, the director of the department of management,
27and the director of the department of administrative services,
28set up establish an administrative fund from the funds under
29the administrator’s director’s control and management an
30administrative fund and from the administrative fund pay the
31expenses of operating the division department’s duties under
32this chapter.
33d. Notwithstanding any provisions to the contrary in chapter
34239B relating to the consideration of income and resources
35of claimants for assistance, the administrator, and with the
-446-1consent and approval of the director of human services and
2the council on human services, shall make such adopt rules as
3may be necessary to qualify for federal aid in the assistance
4programs administered by the administrator director.
5e. Have authority to use Use funds available to the
6department, subject to any limitations placed on the use
7thereof of the funds by the legislation appropriating the
8funds, to provide to or purchase, for eligible families and
9individuals eligible therefor, services including but not
10limited to the following:
11(1) Child care for children or adult day services, in
12facilities which are licensed or are approved as meeting
13standards for licensure.
14(2) Foster care, including foster family care, group homes,
15and institutions.
16(3) Family-centered services, as defined in section
17232.102A, subsection 1, paragraph “b”.
18(4) Family planning.
19(5) Protective services.
20(6) Services or support provided to a child with an
21intellectual disability or other developmental disability or
22to the child’s family.
23(7) Transportation services.
24(8) Any services, not otherwise enumerated in this
25paragraph “e”, authorized by or pursuant to the United States
26Social Security Act of 1934, as amended.
27f. Administer the food programs authorized by federal law,
28and recommend rules necessary in the administration of those
29programs to the director for adoption pursuant to chapter 17A.
30g. Provide consulting and technical services to the director
31of the department of education, or the director’s designee,
32upon request, relating to prekindergarten, kindergarten, and
33before and after school programming and facilities.
34h. Recommend rules for their adoption by the council on
35human services for before and after school child care programs,
-447-1conducted within and by or contracted for by school districts,
2that are appropriate for the ages of the children who receive
3services under the programs.
42. The department of human services shall have the power
5and authority to may use the funds available to it, to purchase
6services of all kinds from public or private agencies to
7provide for the needs of children, including but not limited to
8psychiatric services, supervision, specialized group, foster
9homes, and institutional care.
103. In determining the reimbursement rate for services
11purchased by the department of human services from a person
12or agency, the department shall not include private moneys
13contributed to the person or agency unless the moneys are
14contributed for services provided to a specific individual.
15 Sec. 715. Section 234.7, Code 2023, is amended to read as
16follows:
17234.7 Department duties.
181. The department of human services shall comply with the
19provision associated with child foster care licensees under
20chapter 237 that requires that a child’s foster parent be
21included in, and be provided timely notice of, planning and
22review activities associated with the child, including but not
23limited to permanency planning and placement review meetings,
24which shall include discussion of the child’s rehabilitative
25treatment needs.
262. a. The department of human services shall submit a
27waiver request to the United States department of health and
28human services as necessary to provide coverage under the
29medical assistance program for children who are described by
30both of the following:
31(1) The child needs behavioral health care services and
32qualifies for the care level provided by a psychiatric medical
33institution for children licensed under chapter 135H.
34(2) The child is in need of treatment to cure or alleviate
35serious mental illness or disorder, or emotional damage
-448-1as evidenced by severe anxiety, depression, withdrawal, or
2untoward aggressive behavior toward self or others and whose
3parent, guardian, or custodian is unable to provide such
4treatment.
5b. The waiver request shall provide for appropriately
6addressing the needs of children described in paragraph “a” by
7implementing any of the following options: using a wraparound
8services approach, renegotiating the medical assistance program
9contract provisions for behavioral health services, or applying
10another approach for appropriately meeting the children’s
11needs.
12c. If federal approval of the waiver request is not
13received, the department shall submit options to the governor
14and general assembly to meet the needs of such children through
15a state-funded program.
16 Sec. 716. Section 234.8, Code 2023, is amended to read as
17follows:
18234.8 Fees for child welfare services.
19The department of human services may charge a fee for
20child welfare services to a person liable for the cost of the
21services. The fee shall not exceed the reasonable cost of the
22services. The fee shall be based upon the person’s ability
23to pay and consideration of the fee’s impact upon the liable
24person’s family and the goals identified in the case permanency
25plan. The department may assess the liable person for the fee
26and the means of recovery shall include a setoff against an
27amount owed by a state agency to the person assessed pursuant
28to section 8A.504. In addition the department may establish
29an administrative process to recover the assessment through
30automatic income withholding. The department shall adopt
31rules pursuant to chapter 17A to implement the provisions of
32this section. This section does not apply to court-ordered
33services provided to juveniles which are a charge upon the
34state pursuant to section 232.141 and services for which the
35department has established a support obligation pursuant to
-449-1section 234.39.
2 Sec. 717. Section 234.12, Code 2023, is amended to read as
3follows:
4234.12 Department to provide food programs.
51. The department of human services is authorized to
6 may enter into such agreements with agencies of the federal
7government as are necessary in order to make available to the
8people of this state any federal food programs which may, under
9federal laws and regulations, be implemented in this state.
10Each such program shall be implemented in every county in the
11state, or in each county where implementation is permitted by
12federal laws and regulations.
132. The provisions of the federal Personal Responsibility
14and Work Opportunity Reconciliation Act of 1996, Pub.L.
15No.104-193, §115, shall not apply to an applicant for or
16recipient of food stamp supplemental nutrition assistance
17program benefits in this state. However, the department of
18human services may apply contingent eligibility requirements as
19provided under state law and allowed under federal law.
203. Upon request by the department of human services,
21the department of inspections and appeals shall conduct
22investigations into possible fraudulent practices, as described
23in section 234.13, relating to food programs administered by
24the department of human services.
25 Sec. 718. Section 234.12A, Code 2023, is amended to read as
26follows:
27234.12A Electronic benefits transfer program.
281. The department of human services shall maintain an
29electronic benefits transfer program utilizing electronic funds
30transfer systems for the food supplemental nutrition assistance
31program. The electronic benefits transfer program implemented
32under this section shall not require a retailer to make cash
33disbursements or to provide, purchase, or upgrade electronic
34funds transfer system equipment as a condition of participation
35in the program.
-450- 12. A point-of-sale terminal which is used only for purchases
2from a retailer by electronic benefits transfer utilizing
3electronic funds transfer systems is not a satellite terminal
4as defined in section 527.2.
53. For the purposes of this section, “retailer” means
6a business authorized by the United States department of
7agriculture to accept food supplemental nutrition assistance
8program benefits.
9 Sec. 719. Section 234.13, Code 2023, is amended to read as
10follows:
11234.13 Fraudulent practices relating to food programs.
12For the purposes of this section, unless the context
13otherwise requires, “benefit transfer instrument” means a
14food stamp supplemental nutrition assistance program coupon,
15authorization-to-purchase card, or electronic benefits transfer
16card. A person commits a fraudulent practice if that person
17does any of the following:
181. With intent to gain financial assistance to which that
19person is not entitled, knowingly makes or causes to be made a
20false statement or representation or knowingly fails to report
21to an employee of the department of human services any change
22in income, resources or other circumstances affecting that
23person’s entitlement to such financial assistance.
242. As a beneficiary of the food programs, transfers any
25food stamp supplemental nutrition assistance program benefit
26transfer instrument to any other individual with intent that
27the benefit transfer instrument be used for the benefit of
28someone other than persons within the beneficiary’s food
29stamp supplemental nutrition assistance program household as
30certified by the department of human services.
313. Knowingly acquires, uses or attempts to use any food
32stamp supplemental nutrition assistance program benefit
33transfer instrument which was not issued for the benefit of
34that person’s food stamp supplemental nutrition assistance
35program household by the department of human services, or by an
-451-1agency administering food programs in another state.
24. Acquires, alters, transfers, or redeems a food stamp
3 supplemental nutrition assistance benefit transfer instrument
4or possesses a benefit transfer instrument, knowing that the
5benefit transfer instrument has been received, transferred,
6or used in violation of this section or the provisions of the
7federal food stamp supplemental nutrition assistance program
8under 7 U.S.C. ch.51 or the federal regulations issued
9pursuant to that chapter.
10 Sec. 720. Section 234.14, Code 2023, is amended to read as
11follows:
12234.14 Federal grants.
13The state treasurer is hereby authorized to may receive such
14 federal funds as may be made available for carrying out any of
15the activities and functions of the state division department
16under this chapter, and all such funds are hereby appropriated
17for expenditure upon authorization of the administrator
18 director.
19 Sec. 721. Section 234.21, Code 2023, is amended to read as
20follows:
21234.21 Services to be offered.
22The state division department may offer, provide to,
23or purchase family planning and birth control services to
24 for every person who is an eligible applicant or recipient
25of service services or any financial assistance from the
26department of human services, or who is receiving federal
27supplementary security income as defined in section 249.1.
28 Sec. 722. Section 234.22, Code 2023, is amended to read as
29follows:
30234.22 Extent of services.
31Such The family planning and birth control services
32may include interview interviews with trained personnel;
33distribution of literature; referral to a licensed physician
34or physician assistant for consultation, examination, tests,
35medical treatment, and prescription prescriptions; and, to
-452-1the extent so prescribed, the distribution of rhythm charts,
2drugs, medical preparations, contraceptive devices, and similar
3products.
4 Sec. 723. Section 234.23, Code 2023, is amended to read as
5follows:
6234.23 Charge for services.
7In making provision for and offering such services, the
8state division department may charge those persons to whom
9family planning and birth control services are rendered a fee
10sufficient to reimburse the state division department all or
11any portion of the costs of the services rendered.
12 Sec. 724. Section 234.35, Code 2023, is amended to read as
13follows:
14234.35 When state to pay foster care costs.
151. The department of human services is responsible for
16paying the cost of foster care for a child, according to rates
17established pursuant to section 234.38, under any of the
18following circumstances:
19a. When a court has committed the child to the director of
20human services or the director’s designee.
21b. When a court has transferred legal custody of the child
22to the department of human services.
23c. When the department has agreed to provide foster care
24services for the child for a period of not more than ninety
25days on the basis of a signed placement agreement between the
26department and the child’s parent or guardian.
27d. When the child has been placed in emergency care for
28a period of not more than thirty days upon approval of the
29director or the director’s designee.
30e. When a court has entered an order transferring the legal
31custody of the child to a foster care placement pursuant to
32section 232.46, section 232.52, subsection 2, paragraph “d”, or
33section 232.102, subsection 1. However, payment shall not be
34made for a group foster care placement unless the group foster
35care meets requirements as established by the department by
-453-1rule.
2f. When the department has agreed to provide foster care
3services for a child who is eighteen years of age or older
4on the basis of a signed placement agreement between the
5department and the child or the person acting on behalf of the
6child.
7g. When the department has agreed to provide foster care
8services for the child on the basis of a signed placement
9agreement initiated before July 1, 1992, between the department
10and the child’s parent or guardian.
11h. When the child is placed in shelter care pursuant to
12section 232.20, subsection 1, or section 232.21.
132. Except as provided under section 234.38 for direct
14payment of foster parents, payment for foster care costs shall
15be limited to foster care providers with whom the department
16has a contract in force.
173. Payment for foster care services provided to a child
18who is eighteen years of age or older shall be limited to the
19following:
20a. Family foster care or supervised apartment living
21arrangements.
22b. For a child who is at imminent risk of becoming homeless
23or failing to graduate from high school or to obtain a general
24education development diploma, if the services are in the
25child’s best interest, funding is available for the services,
26and an appropriate alternative service is unavailable.
27 Sec. 725. Section 234.37, Code 2023, is amended to read as
28follows:
29234.37 Department may establish accounts for certain
30children.
31The department of human services is authorized to may
32 establish an account in the name of any child committed to
33the director of human services or the director’s designee, or
34whose legal custody has been transferred to the department, or
35who is voluntarily placed in foster care pursuant to section
-454-1234.35. Any money which the child receives from the United
2States government or any private source shall be placed in the
3child’s account, unless a guardian of the child’s property has
4been appointed and demands the money, in which case it shall
5be paid to the guardian. The account shall be maintained by
6the department as trustee for the child in an interest-bearing
7account at a reputable bank or savings association, except
8that if the child is residing at an institution administered
9by the department a limited amount of the child’s funds may be
10maintained in a separate account, which need not be interest
11bearing, in the child’s name at the institution. Any money
12held in an account in the child’s name or in trust for the
13child under this section may be used, at the discretion of the
14department and subject to restrictions lawfully imposed by the
15United States government or other source from which the child
16receives the funds, for the purchase of personal incidentals,
17desires and comforts of the child. All of the money held for
18a child by the department under this section and not used
19in the child’s behalf as authorized by law shall be promptly
20paid to the child or the child’s parent or legal guardian upon
21termination of the commitment of the child to the director or
22the director’s designee, or upon transfer or cessation of legal
23custody of the child by the department.
24 Sec. 726. Section 234.38, Code 2023, is amended to read as
25follows:
26234.38 Foster care reimbursement rates.
27The department of human services shall make reimbursement
28payments directly to foster parents for services provided to
29children pursuant to section 234.6, subsection 1, paragraph
30“e”, subparagraph (2), or section 234.35. In any fiscal
31year, the reimbursement rate shall be based upon sixty-five
32percent of the United States department of agriculture
33estimate of the cost to raise a child in the calendar year
34immediately preceding the fiscal year. The department may pay
35an additional stipend for a child with special needs.
-455-1 Sec. 727. Section 234.39, Code 2023, is amended to read as
2follows:
3234.39 Responsibility for cost of services.
41. It is the intent of this chapter that an individual
5receiving foster care services and the individual’s parents or
6guardians shall have primary responsibility for paying the cost
7of the care and services. The support obligation established
8and adopted under this section shall be consistent with the
9limitations on legal liability established under sections
10222.78 and 230.15, and by any other statute limiting legal
11responsibility for support which may be imposed on a person for
12the cost of care and services provided by the department. The
13department shall notify an individual’s parents or guardians,
14at the time of the placement of an individual in foster care,
15of the responsibility for paying the cost of care and services.
16Support obligations shall be established as follows:
17a. For an individual to whom section 234.35, subsection
181, is applicable, a dispositional order of the juvenile court
19requiring the provision of foster care, or an administrative
20order entered pursuant to chapter 252C, or any order
21establishing paternity and support for a child in foster care,
22shall establish, after notice and a reasonable opportunity to
23be heard is provided to a parent or guardian, the amount of
24the parent’s or guardian’s support obligation for the cost
25of foster care provided by the department. The amount of
26the parent’s or guardian’s support obligation and the amount
27of support debt accrued and accruing shall be established in
28accordance with the child support guidelines prescribed under
29section 598.21B. However, the court, or the department of
30human services in establishing support by administrative order,
31may deviate from the prescribed obligation after considering
32a recommendation by the department for expenses related to
33goals and objectives of a case permanency plan as defined
34under section 237.15, and upon written findings of fact which
35specify the reason for deviation and the prescribed guidelines
-456-1amount. Any order for support shall direct the payment of the
2support obligation to the collection services center for the
3use of the department’s foster care recovery unit services.
4The order shall be filed with the clerk of the district court
5in which the responsible parent or guardian resides and has
6the same force and effect as a judgment when entered in the
7judgment docket and lien index. The collection services center
8shall disburse the payments pursuant to the order and record
9the disbursements. If payments are not made as ordered, the
10 child support recovery unit services may certify a default to
11the court and the court may, on its own motion, proceed under
12section 598.22 or 598.23 or the child support recovery unit
13 services may enforce the judgment as allowed by law. An order
14entered under this paragraph may be modified only in accordance
15with the guidelines prescribed under section 598.21C, or under
16chapter 252H.
17b. For an individual who is served by the department of
18human services under section 234.35, and is not subject to
19a dispositional order of the juvenile court requiring the
20provision of foster care, the department shall determine the
21obligation of the individual’s parent or guardian pursuant
22to chapter 252C and in accordance with the child support
23guidelines prescribed under section 598.21B. However, the
24department may adjust the prescribed obligation for expenses
25related to goals and objectives of a case permanency plan
26as defined under section 237.15. An obligation determined
27under this paragraph may be modified only in accordance with
28conditions under section 598.21C, or under chapter 252H.
292. A person entitled to periodic support payments pursuant
30to an order or judgment entered in any action for support,
31who also is or has a child receiving foster care services, is
32deemed to have assigned to the department current and accruing
33support payments attributable to the child effective as of the
34date the child enters foster care placement, to the extent
35of expenditure of foster care funds. The department shall
-457-1notify the clerk of the district court when a child entitled
2to support payments is receiving foster care services pursuant
3to chapter 234. Upon notification by the department that a
4child entitled to periodic support payments is receiving foster
5care services, the clerk of the district court shall make a
6notation of the automatic assignment in the judgment docket and
7lien index. The notation constitutes constructive notice of
8assignment. The clerk of court shall furnish the department
9with copies of all orders and decrees awarding support when
10the child is receiving foster care services. At the time the
11child ceases to receive foster care services, the assignment
12of support shall be automatically terminated. Unpaid support
13accrued under the assignment of support rights during the time
14that the child was in foster care remains due to the department
15up to the amount of unreimbursed foster care funds expended.
16The department shall notify the clerk of court of the automatic
17termination of the assignment. Unless otherwise specified in
18the support order, an equal and proportionate share of any
19child support awarded shall be presumed to be payable on behalf
20of each child subject to the order or judgment for purposes of
21an assignment under this section.
223. The support debt for the costs of services, for which
23a support obligation is established pursuant to this section,
24which accrues prior to the establishment of the support debt,
25shall be collected, at a maximum, in the amount which is the
26amount of accrued support debt for the three months preceding
27the earlier of the following:
28a. The provision by the child support recovery unit services
29 of the initial notice to the parent or guardian of the amount
30of the support obligation.
31b. The date that the written request for a court hearing
32is received by the child support recovery unit services as
33provided in section 252C.3 or 252F.3.
344. If the department makes a subsidized guardianship
35payment for a child, the payment shall be considered a foster
-458-1care payment for purposes of child support recovery services.
2All provisions of this and other sections, and of rules and
3orders adopted or entered pursuant to those sections, including
4for the establishment of a paternity or support order, for
5the amount of a support obligation, for the modification or
6adjustment of a support obligation, for the assignment of
7support, and for enforcement shall apply as if the child
8were receiving foster care services, or were in foster care
9placement, or as if foster care funds were being expended for
10the child. This subsection shall apply regardless of the date
11of placement in foster care or subsidized guardianship or the
12date of entry of an order, and foster care and subsidized
13guardianship shall be considered the same for purposes of child
14support recovery services.
15 Sec. 728. Section 234.40, Code 2023, is amended to read as
16follows:
17234.40 Corporal punishment.
18The department of human services shall adopt rules
19prohibiting corporal punishment of foster children by foster
20parents licensed by the department. The rules shall allow
21foster parents to use reasonable physical force to restrain a
22foster child in order to prevent injury to the foster child,
23injury to others, the destruction of property, or extremely
24disruptive behavior. For the purposes of this section,
25“corporal punishment” means the intentional physical punishment
26of a foster child. A foster parent’s physical contact with
27the body of a foster child shall not be considered corporal
28punishment if the contact is reasonable and necessary under the
29circumstances and is not designed or intended to cause pain or
30if the foster parent uses reasonable force, as defined under
31section 704.1.
32 Sec. 729. Section 234.41, Code 2023, is amended to read as
33follows:
34234.41 Tort actions.
35A foster parent licensed by the department of human services
-459-1 stands in the same relationship to the foster parent’s minor
2foster child, for purposes of tort actions by or on behalf of
3the foster child against the foster parent, as a biological
4parent to the biological parent’s minor child who resides at
5home. This section does not apply to a foster parent whose
6malicious, willful and wanton conduct causes injury or damage
7to a foster child or exposes the foster child to a danger
8caused by violation of a statute or the rules of the department
9of human services.
10 Sec. 730. Section 234.45, Code 2023, is amended to read as
11follows:
12234.45 Iowa marriage initiative grant fund.
131. An Iowa marriage initiative grant fund is established
14in the state treasury under the authority of the department
15of human services. The grant fund shall consist of moneys
16appropriated to the fund and notwithstanding section 8.33 such
17moneys shall not revert to the fund from which appropriated
18at the close of the fiscal year but shall remain in the Iowa
19marriage initiative grant fund. Moneys credited to the fund
20shall be used as directed in appropriations made by the general
21assembly for funding of services to support marriage and to
22encourage the formation and maintenance of two-parent families
23that are secure and nurturing.
242. It is the intent of the general assembly to credit to the
25Iowa marriage initiative grant fund, federal moneys provided
26to the state for the express purpose of supporting marriage or
27two-parent families.
28 Sec. 731. Section 234.46, subsection 2, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30The division department shall establish a preparation for
31adult living program directed to young adults. The purpose
32of the program is to assist persons who are leaving foster
33care and other court-ordered services at age eighteen or
34older in making the transition to self-sufficiency. The
35department shall adopt rules necessary for administration of
-460-1the program, including but not limited to eligibility criteria
2for young adult participation and the services and other
3support available under the program. The rules shall provide
4for participation of each person who meets the definition of
5young adult on the same basis, regardless of whether federal
6financial participation is provided. The services and other
7support available under the program may include but are not
8limited to any of the following:
9 Sec. 732. Section 234.47, Code 2023, is amended to read as
10follows:
11234.47 State child care assistance and adoption subsidy
12programs — expenditure projections.
13The department of human services, the department of
14management, and the legislative services agency shall utilize
15a joint process to arrive at consensus projections for
16expenditures for the state child care assistance program under
17section 237A.13 and adoption subsidy and other assistance
18provided under section 600.17.
19 Sec. 733. Section 235.1, Code 2023, is amended to read as
20follows:
21235.1 Definitions.
22As used in this chapter, unless the context otherwise
23requires:
241. “Administrator” means the same as defined in section
25234.1.
262. 1. “Child” means the same as defined in section 234.1.
273. 2. “Child welfare services” means social welfare
28services for the protection and care of children who are
29homeless, dependent or neglected, or in danger of becoming
30delinquent, or who have a mental illness or an intellectual
31disability or other developmental disability, including, when
32necessary, care and maintenance in a foster care facility.
33Child welfare services are designed to serve a child in the
34child’s home whenever possible. If not possible, and the child
35is placed outside the child’s home, the placement should be in
-461-1the least restrictive setting available and in close proximity
2to the child’s home.
34. “State division” means the same as defined in section
4234.1.
53. “Department” means the department of health and human
6services.
74. “Director” means the director of health and human
8services.
9 Sec. 734. Section 235.2, Code 2023, is amended to read as
10follows:
11235.2 Powers and duties of state division department.
12The state division department, in addition to all other
13powers and duties given it the department by law, shall:
141. Administer and enforce the provisions of this chapter.
152. Join and cooperate with the government of the United
16States through its appropriate agency or instrumentality or
17with any other officer or agency of the federal government in
18planning, establishing, extending and strengthening public and
19private child welfare services within the state.
203. Make such investigations Investigate and to obtain such
21 information as will to permit the administrator director to
22determine the need for public child welfare services within the
23state and within the several county departments thereof.
244. Apply for and receive any funds which are or may be
25allotted to the state by the United States or any agency
26thereof of the United States for the purpose of developing
27child welfare services.
285. Make such reports and budget estimates to the governor
29and to the general assembly as are required by law or such as
30are necessary and proper to obtain the appropriation of state
31funds for child welfare services within the state and for all
32the purposes of this chapter.
336. Cooperate with the several county departments within the
34state, and all county boards of supervisors and other public
35or private agencies charged with the protection and care of
-462-1children, in the development of child welfare services.
27. Aid in the enforcement of all laws of the state for the
3protection and care of children.
48. Cooperate with the juvenile courts of the state and with
5the other administrators and divisions of the subunits within
6the department of human services regarding the management and
7control of state institutions and the inmates thereof of the
8institutions.
9 Sec. 735. Section 235.3, Code 2023, is amended to read as
10follows:
11235.3 Powers and duties of administrator director.
12The administrator director shall:
131. Plan and supervise all public child welfare services and
14activities within the state as provided by this chapter.
152. Make such reports and obtain and furnish such information
16from time to time as may be necessary to permit cooperation by
17the state division director with the United States children’s
18bureau, the social security administration, or any other
19federal agency which is now or may hereafter be charged with
20any duty regarding child care or child welfare services.
213. Adopt rules as necessary or advisable for the supervision
22of the private child-caring agencies or their officers which
23the administrator department is empowered to license and
24supervise.
254. Supervise private institutions for the care of
26dependent, neglected, and delinquent children, and make reports
27regarding the institutions.
285. Designate and approve the private and county
29institutions within the state to which neglected, dependent,
30and delinquent children may be legally committed and to have
31supervision of, supervise the care of children committed
32thereto to these institutions, and have the right of visitation
33 to visit and inspection of said inspect these institutions at
34all times.
356. Receive and keep on file annual reports from all
-463-1institutions to which children subject to the jurisdiction
2of the juvenile court are committed, compile statistics
3regarding juvenile delinquency, make reports regarding
4juvenile delinquency, and study prevention and cure of juvenile
5delinquency.
67. Require and receive from the clerks of the courts of
7record within the state duplicates of the findings of the
8courts upon petitions for adoption, and keep records and
9compile statistics regarding adoptions.
108. License private child-placing agencies, make reports
11regarding them the agencies, and revoke such licenses.
129. Make such rules and regulations as may be necessary
13for the distribution and use of funds appropriated for child
14welfare services.
15 Sec. 736. Section 235.4, Code 2023, is amended to read as
16follows:
17235.4 Licenses.
18Licenses issued to private boarding homes for children and
19private child-placing agencies by the administrator department
20 shall remain in effect for the period for which issued, unless
21sooner revoked according to law. Thereafter each of such the
22 agencies shall apply to the administrator department for a new
23license, and shall submit to such rules regarding licensing as
24the administrator prescribes prescribed by the department.
25 Sec. 737. Section 235.7, Code 2023, is amended to read as
26follows:
27235.7 Transition committees.
281. Committees established. The department of human services
29 shall establish and maintain local transition committees to
30address the transition needs of those children receiving child
31welfare services who are age sixteen or older and have a case
32permanency plan as defined in section 232.2. The department
33shall adopt rules establishing criteria for transition
34committee membership, operating policies, and basic functions.
35The rules shall provide flexibility for a committee to adopt
-464-1protocols and other procedures appropriate for the geographic
2area addressed by the committee.
32. Membership. The department may authorize the governance
4boards of decategorization of child welfare and juvenile
5justice funding projects established under section 232.188 to
6appoint the transition committee membership and may utilize
7the boundaries of decategorization projects to establish
8the service areas for transition committees. The committee
9membership may include but is not limited to department of
10human services staff involved with foster care, child welfare,
11and adult services, juvenile court services staff, staff
12involved with county general assistance or emergency relief
13under chapter 251 or 252, or a regional administrator of the
14county mental health and disability services region, as defined
15in section 331.388, in the area, school district and area
16education agency staff involved with special education, and a
17child’s court appointed special advocate, guardian ad litem,
18service providers, and other persons knowledgeable about the
19child.
203. Duties. A transition committee shall review and approve
21the written plan of services required for the child’s case
22permanency plan in accordance with section 232.2, subsection 4,
23paragraph “g”, which, based upon an assessment of the child’s
24needs, would assist the child in preparing for the transition
25from foster care to adulthood. In addition, a transition
26committee shall identify and act to address any gaps existing
27in the services or other support available to meet the child
28and adult needs of individuals for whom service plans are
29approved.
30 Sec. 738. Section 235A.1, Code 2023, is amended to read as
31follows:
32235A.1 Child abuse prevention program.
331. a. A program for the prevention of child abuse is
34established within the state department of health and human
35services. Any moneys appropriated by the general assembly for
-465-1child abuse prevention shall be used by the department of human
2services solely for the purposes of child abuse prevention and
3shall not be expended for treatment or other service delivery
4programs regularly maintained by the department. Moneys
5appropriated for child abuse prevention shall be used by the
6department through contract with an agency or organization
7which shall administer the funds with maximum use of voluntary
8administrative services for the following:
9(1) Matching federal funds to purchase services relating to
10community-based programs for the prevention of child abuse and
11neglect.
12(2) Funding the establishment or expansion of
13community-based prevention projects or educational programs for
14the prevention of child abuse and neglect.
15(3) To study and evaluate Studying and evaluating
16 community-based prevention projects and educational programs
17for the problems of families and children.
18b. Funds for the programs or projects shall be applied
19for and received by a community-based volunteer coalition or
20council.
212. The director of health and human services may accept
22grants, gifts, and bequests from any source for the purposes
23designated in subsection 1. The director shall remit funds so
24 received to the treasurer of state who shall deposit them the
25funds in the general fund of the state for the use of the child
26abuse prevention program.
27 Sec. 739. Section 235A.2, Code 2023, is amended to read as
28follows:
29235A.2 Child abuse prevention program fund.
301. A child abuse prevention program fund is created in
31the state treasury under the control of the department of
32health and human services. The fund is composed of moneys
33appropriated or available to and obtained or accepted by the
34treasurer of state for deposit in the fund. The fund shall
35include moneys transferred to the fund pursuant to an income
-466-1tax checkoff provided in chapter 422, subchapter II, if
2applicable. All interest earned on moneys in the fund shall
3be credited to and remain in the fund. Section 8.33 does not
4apply to moneys in the fund.
52. Moneys in the fund that are authorized by the department
6for expenditure are appropriated, and shall be used, for the
7purposes described in section 235A.1 of preventing child abuse
8and neglect.
9 Sec. 740. NEW SECTION. 235A.3 Child abuse prevention
10program advisory committee.
11The council on health and human services shall establish a
12child abuse prevention program advisory committee to support
13the child abuse prevention program implemented in accordance
14with section 235A.1. The duties of the advisory committee
15shall include all of the following:
161. Advise the director of health and human services
17regarding expenditures of funds received for the child abuse
18prevention program.
192. Review the implementation and effectiveness of
20legislation and administrative rules concerning the child abuse
21prevention program.
223. Recommend changes in legislation and administrative
23rules to the general assembly and the appropriate department
24officials.
254. Require reports from state agencies and other entities as
26necessary to perform its duties.
275. Receive and review complaints from the public concerning
28the operation and management of the child abuse prevention
29program.
306. Approve grant proposals.
31 Sec. 741. Section 235A.13, Code 2023, is amended to read as
32follows:
33235A.13 Definitions.
34 The definitions in section 232.68 are applicable to this
35subchapter unless the context otherwise requires.As used
-467-1in chapter 232, subchapter III, part 2, and this subchapter,
2unless the context otherwise requires:
31. “Assessment data” means any of the following information
4pertaining to the department’s evaluation of a family:
5a. Identification of the strengths and needs of the child,
6and of the child’s parent, home, and family.
7b. Identification of services available from the department
8and informal and formal services and other support available in
9the community to meet identified strengths and needs.
102. “Child abuse information” means any or all of the
11following data maintained by the department in a manual or
12automated data storage system and individually identified:
13a. Report data.
14b. Assessment data.
15c. Disposition data.
163. “Confidentiality” means the withholding of information
17from any manner of communication, public or private.
184. “Department” means the department of health and human
19services.
205. “Director” means the director of health and human
21services.
226. “Disposition data” means information pertaining to
23an opinion or decision as to the occurrence of child abuse,
24including:
25a. Any intermediate or ultimate opinion or decision reached
26by assessment personnel.
27b. Any opinion or decision reached in the course of judicial
28proceedings.
29c. The present status of any case.
306. 7. “Expungement” means the process of destroying child
31abuse information.
327. 8. “Individually identified” means any report,
33assessment, or disposition data which names the person or
34persons responsible or believed responsible for the child
35abuse.
-468- 18. 9. “Multidisciplinary team” means a group of individuals
2who possess knowledge and skills related to the diagnosis,
3assessment, and disposition of child abuse cases and who are
4professionals practicing in the disciplines of medicine,
5nursing, public health, substance abuse use disorder, domestic
6violence, mental health, social work, child development,
7education, law, juvenile probation, or law enforcement, or a
8group established pursuant to section 235B.1, subsection 1.
99. 10. “Near fatality” means an injury to a child that,
10as certified by a physician or physician assistant, placed the
11child in serious or critical condition.
1210. 11. “Report data” means any of the following
13information pertaining to an assessment of an allegation of
14child abuse in which the department has determined the alleged
15child abuse meets the definition of child abuse:
16a. The name and address of the child and the child’s parents
17or other persons responsible for the child’s care.
18b. The age of the child.
19c. The nature and extent of the injury, including evidence
20of any previous injury.
21d. Additional information as to the nature, extent, and
22cause of the injury, and the identity of the person or persons
23alleged to be responsible for the injury.
24e. The names and conditions of other children in the child’s
25home.
26f. A recording made of an interview conducted under chapter
27232 in association with a child abuse assessment.
28g. Any other information believed to be helpful in
29establishing the information in paragraph “d”.
3011. 12. “Sealing” means the process of removing child abuse
31information from authorized access as provided by this chapter.
32 Sec. 742. Section 235A.14, Code 2023, is amended to read as
33follows:
34235A.14 Creation and maintenance of a central registry.
351. There is created within the state department of
-469-1human services a central registry for certain child abuse
2information. The department shall organize and staff the
3registry and adopt rules for its operation.
42. The registry shall collect, maintain and disseminate
5child abuse information as provided for by this chapter.
63. The department shall maintain a toll-free telephone
7line, which shall be available on a twenty-four hour a day,
8seven-day a week basis and which the department of human
9services and all other persons may use to report cases of
10suspected child abuse and that all persons authorized by this
11chapter may use for obtaining child abuse information.
124. An oral report of suspected child abuse initially made to
13the central registry shall be immediately transmitted by the
14department to the appropriate county department of social human
15 services or law enforcement agency, or both.
165. The registry, upon receipt of a report of suspected
17child abuse, shall search the records of the registry, and
18if the records of the registry reveal any previous report of
19child abuse involving the same child or any other child in
20the same family, or if the records reveal any other pertinent
21information with respect to the same child or any other child
22in the same family, the appropriate office of the department of
23human services or law enforcement agency shall be immediately
24notified of that fact.
256. The central registry shall include report data and
26disposition data which is subject to placement in the central
27registry under section 232.71D. The central registry shall not
28include assessment data.
29 Sec. 743. Section 235A.15, subsection 2, paragraph b,
30subparagraphs (2) and (4), Code 2023, are amended to read as
31follows:
32(2) To an employee or agent of the department of human
33services responsible for the assessment of a child abuse
34report.
35(4) To a multidisciplinary team, or to parties to an
-470-1interagency agreement entered into pursuant to section 280.25,
2if the department of human services approves the composition of
3the multidisciplinary team or the relevant provisions of the
4interagency agreement and determines that access to the team
5or to the parties to the interagency agreement is necessary
6to assist the department in the diagnosis, assessment, and
7disposition of a child abuse case.
8 Sec. 744. Section 235A.15, subsection 2, paragraph c,
9subparagraph (8), Code 2023, is amended to read as follows:
10(8) To an administrator of an agency certified by the
11department of human services to provide services under a
12medical assistance home and community-based services waiver,
13if the data concerns a person employed by or being considered
14by the agency for employment.
15 Sec. 745. Section 235A.15, subsection 2, paragraph d,
16subparagraph (7), Code 2023, is amended to read as follows:
17(7) Each licensing board specified under chapter 147 and the
18Iowa department of public health for the purpose of licensure,
19certification or registration, disciplinary investigation, or
20the renewal of licensure, certification or registration, or
21disciplinary proceedings of health care professionals.
22 Sec. 746. Section 235A.15, subsection 2, paragraph e,
23subparagraphs (6), (8), and (12), Code 2023, are amended to
24read as follows:
25(6) To the attorney for the department of human services who
26is responsible for representing the department.
27(8) To an employee or agent of the department of human
28services regarding a person who is providing child care if the
29person is not registered or licensed to operate a child care
30facility.
31(12) To the department of human services for a record check
32relating to employment or residence pursuant to section 218.13.
33 Sec. 747. Section 235A.15, subsection 7, Code 2023, is
34amended to read as follows:
357. If the director of human services receives a written
-471-1request for information regarding a specific case of child
2abuse involving a fatality or near fatality to a child from the
3majority or minority leader of the senate or the speaker or the
4minority leader of the house of representatives, the director
5or the director’s designee shall arrange for a confidential
6meeting with the requestor or the requestor’s designee. In the
7confidential meeting the director or the director’s designee
8shall share all pertinent information concerning the case,
9including but not limited to child abuse information. Any
10written document distributed by the director or the director’s
11designee at the confidential meeting shall not be removed
12from the meeting and a participant in the meeting shall be
13subject to the restriction on redissemination of confidential
14information applicable to a person under section 235A.17,
15subsection 3, for confidential information disclosed to the
16participant at the meeting. A participant in the meeting
17may issue a report to the governor or make general public
18statements concerning the department’s handling of the case of
19child abuse.
20 Sec. 748. Section 235A.15, subsection 9, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22If, apart from a request made pursuant to subsection 7
23or 8, the department receives from a member of the public a
24request for information relating to a case of founded child
25abuse involving a fatality or near fatality to a child, the
26response to the request shall be made in accordance with this
27subsection and subsections 10 and 11. If the request is
28received before or during performance of an assessment of the
29case in accordance with section 232.71B, the director of human
30services or the director’s designee shall initially disclose
31whether or not the assessment will be or is being performed.
32Otherwise, within five business days of receiving the request
33or completing the assessment, whichever is later, the director
34of human services or the director’s designee shall consult
35with the county attorney responsible for prosecution of any
-472-1alleged perpetrator of the fatality or near fatality and shall
2disclose information, including but not limited to child abuse
3information, relating to the case, except for the following:
4 Sec. 749. Section 235A.15, subsection 10, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6The information released by the director of human services
7 or the director’s designee pursuant to a request made under
8subsection 9 relating to a case of founded child abuse
9involving a fatality or near fatality to a child shall include
10all of the following, unless such information is excepted from
11disclosure under subsection 9:
12 Sec. 750. Section 235A.15, subsection 11, paragraph b, Code
132023, is amended to read as follows:
14b. If release of social services information in addition to
15that released under subsection 10, paragraph “c”, is believed
16to be in the public’s interest and right to know, the director
17of human services or the director’s designee may apply to
18the court under section 235A.24 requesting a review of the
19information proposed for release and an order authorizing
20release of the information. A release of information that
21would otherwise be confidential under section 217.30 concerning
22social services provided to the child or the child’s family
23shall not include information concerning financial or medical
24assistance provided to the child or the child’s family.
25 Sec. 751. Section 235A.15, subsection 12, Code 2023, is
26amended to read as follows:
2712. If an individual who is the subject of a child abuse
28report listed in subsection 2, paragraph “a”, or another party
29involved in an assessment under section 232.71B releases
30in a public forum or to the media information concerning a
31case of child abuse including but not limited to child abuse
32information which would otherwise be confidential, the director
33of human services, or the director’s designee, may respond
34with relevant information concerning the case of child abuse
35that was the subject of the release. Prior to releasing the
-473-1response, the director or the director’s designee shall consult
2with the child’s parent or guardian, or the child’s guardian ad
3litem, and apply to the court under section 235A.24 requesting
4a review of the information proposed for release and an order
5authorizing release of the information.
6 Sec. 752. Section 235A.16, subsection 3, Code 2023, is
7amended to read as follows:
83. Subsections 1 and 2 do not apply to child abuse
9information that is disseminated to an employee of the
10department of human services, to a juvenile court, or to the
11attorney representing the department as authorized by section
12235A.15.
13 Sec. 753. Section 235A.17, subsection 2, Code 2023, is
14amended to read as follows:
152. The department of human services may notify orally the
16mandatory reporter in an individual child abuse case of the
17results of the case assessment and of the confidentiality
18provisions of sections 235A.15 and 235A.21. The department
19shall subsequently transmit a written notice to the mandatory
20reporter of the results and confidentiality provisions. If
21the report data and disposition data have been placed in the
22registry as founded child abuse pursuant to section 232.71D, a
23copy of the written notice shall be transmitted to the registry
24and shall be maintained by the registry as provided in section
25235A.18. Otherwise, a copy of the written notice shall be
26retained by the department with the case file.
27 Sec. 754. Section 235A.17, subsection 3, paragraph b,
28subparagraph (1), Code 2023, is amended to read as follows:
29(1) Department of human services information described in
30section 217.30, subsection 2.
31 Sec. 755. Section 235A.18, subsection 3, Code 2023, is
32amended to read as follows:
333. The department of human services shall adopt rules
34establishing the period of time child abuse information which
35is not maintained in the central registry is retained by the
-474-1department.
2 Sec. 756. Section 235A.22, Code 2023, is amended to read as
3follows:
4235A.22 Education program.
5The department of human services shall require an
6educational program for employees of the department with access
7to child abuse information on the proper use and control of
8child abuse information.
9 Sec. 757. Section 235A.23, subsection 1, Code 2023, is
10amended to read as follows:
111. The department of human services may compile statistics,
12conduct research, and issue reports on child abuse, provided
13identifying details of the subject of child abuse reports are
14deleted from any report issued.
15 Sec. 758. Section 235A.24, subsection 1, paragraph b, Code
162023, is amended to read as follows:
17b. The director of human services or the director’s
18designee may apply, if the conditions under section 235A.15,
19subsection 11 or 12, are met, to the court requesting a
20review of confidential information proposed for release and an
21order authorizing the release of information. A release of
22information that would otherwise be confidential under section
23217.30 concerning social services provided to the child or
24the child’s family shall not include information concerning
25financial or medical assistance provided to the child or the
26child’s family.
27 Sec. 759. Section 235B.1, subsection 4, Code 2023, is
28amended to read as follows:
294. a. The establishment of a dependent adult protective
30advisory council. The advisory council shall do all of the
31following:
32(1) Advise the director of human services, the director
33of the department on aging, the director of inspections and
34appeals, and the director of public health, the director of the
35department of corrections, and the director of human rights
-475-1 regarding dependent adult abuse.
2(2) Evaluate state law and rules and make recommendations
3to the general assembly and to executive branch departments
4regarding laws and rules concerning dependent adults.
5(3) Receive and review recommendations and complaints from
6the public, health care facilities, and health care programs
7concerning the dependent adult abuse services program.
8b. (1) The advisory council shall consist of twelve
9members. Eight members shall be appointed by and serve at
10the pleasure of the governor. Four of the members appointed
11shall be appointed on the basis of knowledge and skill related
12to expertise in the area of dependent adult abuse including
13professionals practicing in the disciplines of medicine, public
14health, mental health, long-term care, social work, law,
15and law enforcement. Two of the members appointed shall be
16members of the general public with an interest in the area of
17dependent adult abuse and two of the members appointed shall
18be members of the Iowa caregivers association. In addition,
19the membership of the council shall include the director or the
20director’s designee of the department of human services, the
21department on aging, the Iowa department of public health, and
22the department of inspections and appeals.
23(2) The members of the advisory council shall be appointed
24to terms of four years beginning May 1. Appointments shall
25comply with sections 69.16 and 69.16A. Vacancies shall be
26filled in the same manner as the original appointment.
27(3) Members shall receive actual expenses incurred while
28serving in their official capacity.
29(4) The advisory council shall select a chairperson,
30annually, from its membership.
31 Sec. 760. Section 235B.2, Code 2023, is amended to read as
32follows:
33235B.2 Definitions.
34As used in this chapter, unless the context otherwise
35requires:
-476- 11. “Caretaker” means a related or nonrelated person who
2has the responsibility for the protection, care, or custody of
3a dependent adult as a result of assuming the responsibility
4voluntarily, by contract, through employment, or by order of
5the court.
62. “Court” means the district court.
73. “Department” means the department of health and human
8services.
94. “Dependent adult” means a person eighteen years of age or
10older who is unable to protect the person’s own interests or
11unable to adequately perform or obtain services necessary to
12meet essential human needs, as a result of a physical or mental
13condition which requires assistance from another, or as defined
14by departmental rule.
155. a. “Dependent adult abuse” means:
16(1) Any of the following as a result of the willful or
17negligent acts or omissions of a caretaker:
18(a) Physical injury to, or injury which is at a variance
19with the history given of the injury, or unreasonable
20confinement, unreasonable punishment, or assault of a dependent
21adult.
22(b) The commission of a sexual offense under chapter 709 or
23section 726.2 with or against a dependent adult.
24(c) Exploitation of a dependent adult which means the act
25or process of taking unfair advantage of a dependent adult
26or the adult’s physical or financial resources, without the
27informed consent of the dependent adult, including theft, by
28the use of undue influence, harassment, duress, deception,
29false representation, or false pretenses.
30(d) The deprivation of the minimum food, shelter, clothing,
31supervision, physical or mental health care, or other care
32necessary to maintain a dependent adult’s life or health.
33(2) The deprivation of the minimum food, shelter, clothing,
34supervision, physical or mental health care, and other care
35necessary to maintain a dependent adult’s life or health as a
-477-1result of the acts or omissions of the dependent adult.
2(3) (a) Sexual exploitation of a dependent adult by a
3caretaker.
4(b) “Sexual exploitation” means any consensual or
5nonconsensual sexual conduct with a dependent adult which
6includes but is not limited to kissing; touching of the clothed
7or unclothed inner thigh, breast, groin, buttock, anus, pubes,
8or genitals; or a sex act, as defined in section 702.17.
9“Sexual exploitation” includes the transmission, display, taking
10of electronic images of the unclothed breast, groin, buttock,
11anus, pubes, or genitals of a dependent adult by a caretaker
12for a purpose not related to treatment or diagnosis or as
13part of an ongoing assessment, evaluation, or investigation.
14Sexual exploitation does not include touching which is part
15of a necessary examination, treatment, or care by a caretaker
16acting within the scope of the practice or employment of the
17caretaker; the exchange of a brief touch or hug between the
18dependent adult and a caretaker for the purpose of reassurance,
19comfort, or casual friendship; or touching between spouses.
20(4) (a) Personal degradation of a dependent adult by a
21caretaker.
22(b) (i) “Personal degradation” means a willful act or
23statement by a caretaker intended to shame, degrade, humiliate,
24or otherwise harm the personal dignity of a dependent adult, or
25where the caretaker knew or reasonably should have known the
26act or statement would cause shame, degradation, humiliation,
27or harm to the personal dignity of a reasonable person.
28“Personal degradation” includes the taking, transmission,
29or display of an electronic image of a dependent adult by a
30caretaker, where the caretaker’s actions constitute a willful
31act or statement intended to shame, degrade, humiliate, or
32otherwise harm the personal dignity of the dependent adult, or
33where the caretaker knew or reasonably should have known the
34act would cause shame, degradation, humiliation, or harm to the
35personal dignity of a reasonable person.
-478- 1(ii) “Personal degradation” does not include any of the
2following:
3(A) The taking, transmission, or display of an electronic
4image of a dependent adult for the purpose of reporting
5dependent adult abuse to law enforcement, the department,
6or any other regulatory agency that oversees caretakers or
7enforces abuse or neglect provisions, or for the purpose of
8treatment or diagnosis or as part of an ongoing investigation.
9(B) The taking, transmission, or display of an electronic
10image by a caretaker who takes, transmits, or displays the
11electronic image in accordance with the confidentiality policy
12and release of information or consent policies of a contractor,
13employer, or facility or program not covered under section
14235E.1, subsection 5, paragraph “a”, subparagraph (3).
15(C) A statement by a caretaker who is the spouse of a
16dependent adult that is not intended to shame, degrade,
17humiliate, or otherwise harm the personal dignity of the
18dependent adult spouse.
19b. “Dependent adult abuse” does not include any of the
20following:
21(1) Circumstances in which the dependent adult declines
22medical treatment if the dependent adult holds a belief or is
23an adherent of a religion whose tenets and practices call for
24reliance on spiritual means in place of reliance on medical
25treatment.
26(2) Circumstances in which the dependent adult’s caretaker,
27acting in accordance with the dependent adult’s stated or
28implied consent, declines medical treatment if the dependent
29adult holds a belief or is an adherent of a religion whose
30tenets and practices call for reliance on spiritual means in
31place of reliance on medical treatment.
32(3) The withholding or withdrawing of health care from
33a dependent adult who is terminally ill in the opinion of a
34licensed physician, when the withholding or withdrawing of
35health care is done at the request of the dependent adult or at
-479-1the request of the dependent adult’s next of kin, attorney in
2fact, or guardian pursuant to the applicable procedures under
3chapter 125, 144A, 144B, 222, 229, or 633.
46. “Director” means the director of health and human
5services.
67. “Emergency shelter services” means and includes, but is
7not limited to, secure crisis shelters or housing for victims
8of dependent adult abuse.
97. 8. “Family or household member” means a spouse, a person
10cohabiting with the dependent adult, a parent, or a person
11related to the dependent adult by consanguinity or affinity,
12but does not include children of the dependent adult who are
13less than eighteen years of age.
148. 9. “Immediate danger to health or safety” means a
15situation in which death or severe bodily injury could
16reasonably be expected to occur without intervention.
179. 10. “Individual employed as an outreach person” means a
18natural person who, in the course of employment, makes regular
19contacts with dependent adults regarding available community
20resources.
2110. 11. “Legal holiday” means a legal public holiday as
22defined in section 1C.1.
2311. 12. “Person” means person as defined in section 4.1.
2412. 13. “Recklessly” means that a person acts or fails to
25act with respect to a material element of a public offense,
26when the person is aware of and consciously disregards a
27substantial and unjustifiable risk that the material element
28exists or will result from the act or omission. The risk must
29be of such a nature and degree that disregard of the risk
30constitutes a gross deviation from the standard conduct that a
31reasonable person would observe in the situation.
3213. 14. “Serious injury” means the same as defined in
33section 702.18.
3414. 15. “Support services” includes but is not limited
35to community-based services including area agency on aging
-480-1assistance, mental health services, fiscal management, home
2health services, housing-related services, counseling services,
3transportation services, adult day services, respite services,
4legal services, and advocacy services.
5 Sec. 761. Section 235B.3, Code 2023, is amended to read as
6follows:
7235B.3 Dependent adult abuse reports.
81. a. (1) The department shall receive dependent adult
9abuse reports and shall collect, maintain, and disseminate the
10reports by establishing a central registry for dependent adult
11abuse information. The department shall evaluate the reports
12expeditiously.
13(2) However, the department of inspections and appeals
14is solely responsible for the evaluation and disposition of
15dependent adult abuse cases within facilities and programs
16pursuant to chapter 235E and shall inform the department of
17human services of such evaluations and dispositions pursuant
18to section 235E.2.
19(3) If, in the course of an assessment or evaluation
20of a report of dependent adult abuse, the department of
21human services or the department of inspections and appeals
22determines the case involves wages, workplace safety, or other
23labor and employment matters under the jurisdiction of the
24division of labor services of the department of workforce
25development, the relevant portions of the case shall be
26referred to the division.
27(4) If, in the course of an assessment or evaluation
28of a report of dependent adult abuse, the department of
29human services or the department of inspections and appeals
30determines that the case involves discrimination under the
31jurisdiction of the civil rights commission, the relevant
32portions of the case shall be referred to the commission.
33b. Reports of dependent adult abuse which is the result
34of the acts or omissions of the dependent adult shall be
35collected and maintained in the files of the dependent adult
-481-1as assessments only and shall not be included in the central
2registry.
3c. A report of dependent adult abuse that meets the
4definition of dependent adult abuse under section 235B.2,
5subsection 5, paragraph “a”, subparagraph (1), subparagraph
6division (a) or (d), or section 235B.2, subsection 5, paragraph
7“a”, subparagraph (4), which the department determines is
8minor, isolated, and unlikely to reoccur shall be collected
9and maintained by the department as an assessment only for
10a five-year period and shall not be included in the central
11registry and shall not be considered to be founded dependent
12adult abuse. However, a subsequent report of dependent adult
13abuse that meets the definition of dependent adult abuse under
14section 235B.2, subsection 5, paragraph “a”, subparagraph
15(1), subparagraph division (a) or (d), or section 235B.2,
16subsection 5, paragraph “a”, subparagraph (4), that occurs
17within the five-year period and that is committed by the
18caretaker responsible for the act or omission which was the
19subject of the previous report of dependent adult abuse which
20the department determined was minor, isolated, and unlikely to
21reoccur shall not be considered minor, isolated, and unlikely
22to reoccur.
232. A person who, in the course of employment, examines,
24attends, counsels, or treats a dependent adult and reasonably
25believes the dependent adult has suffered abuse, shall report
26the suspected dependent adult abuse to the department. Persons
27required to report include all of the following:
28a. A member of the staff of a community mental health
29center.
30b. A peace officer.
31c. An in-home homemaker-home health aide.
32d. An individual employed as an outreach person.
33e. A health practitioner, as defined in section 232.68.
34f. A member of the staff or an employee of a supported
35community living service, sheltered workshop, or work activity
-482-1center.
2g. A social worker.
3h. A certified psychologist.
4i. A massage therapist licensed pursuant to chapter 152C.
53. a. If a staff member or employee is required to report
6pursuant to this section, the person shall immediately notify
7the department and shall also immediately notify the person in
8charge or the person’s designated agent.
9b. The employer or supervisor of a person who is required to
10or may make a report pursuant to this section shall not apply a
11policy, work rule, or other requirement that interferes with
12the person making a report of dependent adult abuse or that
13results in the failure of another person to make the report.
144. An employee of a financial institution may report
15suspected financial exploitation of a dependent adult to the
16department.
175. Any other person who believes that a dependent adult has
18suffered abuse may report the suspected abuse to the department
19of human services.
206. Following the reporting of suspected dependent adult
21abuse, the department of human services or an agency approved
22by the department shall complete an assessment of necessary
23services and shall make appropriate referrals for receipt of
24these services. The assessment shall include interviews with
25the dependent adult, and, if appropriate, with the alleged
26perpetrator of the dependent adult abuse and with any person
27believed to have knowledge of the circumstances of the case.
28The department may provide necessary protective services and
29may establish a sliding fee schedule for those persons able to
30pay a portion of the protective services.
317. Upon a showing of probable cause that a dependent
32adult has been abused, a court may authorize a person, also
33authorized by the department, to make an evaluation, to enter
34the residence of, and to examine the dependent adult. Upon
35a showing of probable cause that a dependent adult has been
-483-1financially exploited, a court may authorize a person, also
2authorized by the department, to make an evaluation, and to
3gain access to the financial records of the dependent adult.
48. If the department determines that disclosure is
5necessary for the protection of a dependent adult, the
6department may disclose to a subject of a dependent adult abuse
7report referred to in section 235B.6, subsection 2, paragraph
8“a”, that an individual is listed in the child or dependent
9adult abuse registry or is required to register with the sex
10offender registry in accordance with chapter 692A.
119. If, in the course of assessment, evaluation, or
12investigation of a report of dependent adult abuse, the
13department determines that disclosure is necessary for the
14protection of a dependent adult’s resources, the department
15may disclose the initiation and status of the dependent
16adult abuse evaluation to the dependent adult’s bank, savings
17association, credit union, broker-dealer as defined in section
18502.102, subsection 4, investment advisor as defined in section
19502.102, subsection 15, financial advisor, or other financial
20institution, or the administrator as defined in section
21502.102, subsection 1.
2210. The department shall inform the appropriate county
23attorneys of any reports of dependent adult abuse. The
24department may request information from any person believed
25to have knowledge of a case of dependent adult abuse. The
26person, including but not limited to a county attorney, a law
27enforcement agency, a multidisciplinary team, a social services
28agency in the state, or any person who is required pursuant
29to subsection 2 to report dependent adult abuse, whether or
30not the person made the specific dependent adult abuse report,
31shall cooperate and assist in the evaluation upon the request
32of the department. If the department’s assessment reveals
33that dependent adult abuse exists which might constitute a
34criminal offense, a report shall be made to the appropriate
35law enforcement agency. County attorneys and appropriate law
-484-1enforcement agencies shall also take any other lawful action
2necessary or advisable for the protection of the dependent
3adult.
4a. If, upon completion of the evaluation or upon referral
5from the department of inspections and appeals, the department
6determines that the best interests of the dependent adult
7require court action, the department shall initiate action for
8the appointment of a guardian or conservator or for admission
9or commitment to an appropriate institution or facility
10pursuant to the applicable procedures under chapter 125, 222,
11229, or 633, or shall pursue other remedies provided by law.
12The appropriate county attorney shall assist the department in
13the preparation of the necessary papers to initiate the action
14and shall appear and represent the department at all district
15court proceedings.
16b. The department shall assist the court during all stages
17of court proceedings involving a suspected case of dependent
18adult abuse.
19c. In every case involving abuse which is substantiated
20by the department and which results in a judicial proceeding
21on behalf of the dependent adult, legal counsel shall be
22appointed by the court to represent the dependent adult in
23the proceedings. The court may also appoint a guardian ad
24litem to represent the dependent adult if necessary to protect
25the dependent adult’s best interests. The same attorney may
26be appointed to serve both as legal counsel and as guardian
27ad litem. Before legal counsel or a guardian ad litem is
28appointed pursuant to this section, the court shall require
29the dependent adult and any person legally responsible for
30the support of the dependent adult to complete under oath
31a detailed financial statement. If, on the basis of that
32financial statement, the court deems that the dependent adult
33or the legally responsible person is able to bear all or a
34portion of the cost of the legal counsel or guardian ad litem,
35the court shall so order. In cases where the dependent adult
-485-1or the legally responsible person is unable to bear the cost
2of the legal counsel or guardian ad litem, the expense shall
3be paid by the county.
411. A person participating in good faith in reporting or
5cooperating with or assisting the department in evaluating a
6case of dependent adult abuse has immunity from liability,
7civil or criminal, which might otherwise be incurred or
8imposed based upon the act of making the report or giving the
9assistance. The person has the same immunity with respect to
10participating in good faith in a judicial proceeding resulting
11from the report or cooperation or assistance or relating to the
12subject matter of the report, cooperation, or assistance.
1312. It shall be unlawful for any person or employer
14to discharge, suspend, or otherwise discipline a person
15required to report or voluntarily reporting an instance of
16suspected dependent adult abuse pursuant to subsection 2 or
175, or cooperating with, or assisting the department of human
18services in evaluating a case of dependent adult abuse, or
19participating in judicial proceedings relating to the reporting
20or cooperation or assistance based solely upon the person’s
21reporting or assistance relative to the instance of dependent
22adult abuse. A person or employer found in violation of this
23subsection is guilty of a simple misdemeanor.
2413. A person required by this section to report a suspected
25case of dependent adult abuse who knowingly and willfully fails
26to do so commits a simple misdemeanor. A person required by
27this section to report a suspected case of dependent adult
28abuse who knowingly fails to do so or who knowingly, in
29violation of subsection 3, interferes with the making of such a
30report or applies a requirement that results in such a failure
31is civilly liable for the damages proximately caused by the
32failure.
3314. The department of inspections and appeals shall adopt
34rules which require facilities or programs to separate an
35alleged dependent adult abuser from a victim following an
-486-1allegation of perpetration of abuse and prior to the completion
2of an investigation of the allegation.
3 Sec. 762. Section 235B.5, Code 2023, is amended to read as
4follows:
5235B.5 Creation and maintenance of a central registry.
61. There is created within the department a central registry
7for dependent adult abuse information. The department shall
8organize and staff the registry and adopt rules for its
9operation.
102. The registry shall collect, maintain, and disseminate
11dependent adult abuse information as provided in this chapter.
123. The department shall maintain a toll-free telephone
13line, which shall be available on a twenty-four-hour-a-day,
14seven-day-a-week basis and which the department and all other
15persons may use to report cases of suspected dependent adult
16abuse and that all persons authorized by this chapter may use
17for obtaining dependent adult abuse information.
184. An oral report of suspected dependent adult abuse
19initially made to the central registry shall be immediately
20transmitted by the department to the appropriate county
21department of human services or law enforcement agency, or
22both.
235. An oral report of suspected dependent adult abuse
24initially made to the central registry regarding a facility or
25program as defined in section 235E.1 shall be transmitted by
26the department to the department of inspections and appeals on
27the first working day following the submitting of the report.
286. The registry, upon receipt of a report of suspected
29dependent adult abuse, shall search the records of the
30registry, and if the records of the registry reveal any
31previous report of dependent adult abuse involving the same
32adult or if the records reveal any other pertinent information
33with respect to the same adult, the appropriate office of the
34 department of human services or the appropriate law enforcement
35agency shall be immediately notified of that fact.
-487- 17. The central registry shall include but not be limited to
2report data, investigation data, and disposition data.
3 Sec. 763. Section 235B.6, Code 2023, is amended to read as
4follows:
5235B.6 Authorized access.
61. Notwithstanding chapter 22, the confidentiality of all
7dependent adult abuse information shall be maintained, except
8as specifically provided by subsections 2 and 3.
92. Access to dependent adult abuse information other than
10unfounded dependent adult abuse information is authorized only
11to the following persons:
12a. A subject of a report including all of the following:
13(1) To an adult named in a report as a victim of abuse or to
14the adult’s attorney or guardian ad litem.
15(2) To a guardian or legal custodian, or that person’s
16attorney, of an adult named in a report as a victim of abuse.
17(3) To the person or the attorney for the person named in a
18report as having abused an adult.
19b. A person involved in an investigation of dependent adult
20abuse including all of the following:
21(1) A health practitioner or mental health professional
22who is examining, attending, or treating an adult whom such
23practitioner or professional believes or has reason to believe
24has been the victim of abuse or to a health practitioner or
25mental health professional whose consultation with respect to
26an adult believed to have been the victim of abuse is requested
27by the department.
28(2) An employee or agent of the department responsible for
29the investigation of a dependent adult abuse report or for the
30purpose of performing record checks as required under section
31135C.33.
32(3) A representative of the department involved in the
33certification or accreditation of an agency or program
34providing care or services to a dependent adult believed to
35have been a victim of abuse.
-488- 1(4) A law enforcement officer responsible for assisting in
2an investigation of a dependent adult abuse allegation.
3(5) A multidisciplinary team, if the department of human
4services approves the composition of the multidisciplinary team
5and determines that access to the team is necessary to assist
6the department in the investigation, diagnosis, assessment, and
7disposition of a case of dependent adult abuse.
8(6) The mandatory reporter who reported the dependent adult
9abuse in an individual case.
10(7) Each board specified under chapter 147 and the Iowa
11 department of public health for the purpose of licensure,
12certification or registration, disciplinary investigation, or
13the renewal of licensure, certification or registration, or
14disciplinary proceedings of health care professionals.
15c. A person providing care to an adult including all of the
16following:
17(1) A licensing authority for a facility, including a
18facility or program defined in section 235E.1, providing care
19to an adult named in a report.
20(2) A person authorized as responsible for the care or
21supervision of an adult named in a report as a victim of abuse
22or a person named in a report as having abused an adult if
23the court or registry deems access to dependent adult abuse
24information by such person to be necessary.
25(3) An employee or agent of the department responsible
26for registering or licensing or approving the registration or
27licensing of a person, or to an individual providing care to an
28adult and regulated by the department.
29(4) The legally authorized protection and advocacy agency
30recognized pursuant to section 135C.2 if a person identified in
31the information as a victim or a perpetrator of abuse resided
32in or receives services from a facility, including a facility
33or program defined in section 235E.1, or agency because the
34person is diagnosed as having a developmental disability or a
35mental illness.
-489- 1(5) To an administrator of an agency certified by the
2department of human services to provide services under a
3medical assistance home and community-based services waiver,
4if the information concerns a person employed by or being
5considered by the agency for employment.
6(6) To the administrator of an agency providing mental
7health, intellectual disability, or developmental disability
8services under a regional service system management plan
9implemented in accordance with section 331.393, if the
10information concerns a person employed by or being considered
11by the agency for employment.
12(7) To an administrator of a hospital licensed under chapter
13135B if the data concerns a person employed or being considered
14for employment by the hospital.
15(8) An employee of an agency requested by the department
16to provide case management or other services to the dependent
17adult.
18d. Relating to judicial and administrative proceedings,
19persons including all of the following:
20(1) A court upon a finding that information is necessary
21for the resolution of an issue arising in any phase of a case
22involving dependent adult abuse.
23(2) A court or agency hearing an appeal for correction
24of dependent adult abuse information as provided in section
25235B.10.
26(3) An expert witness or a witness who testifies at any
27stage of an appeal necessary for correction of dependent adult
28abuse information as provided in section 235B.10.
29(4) A court or administrative agency making a determination
30regarding an unemployment compensation claim pursuant to
31section 96.6.
32(5) To a juvenile court involved in an adjudication or
33disposition of a child that is the subject of a guardianship
34proceeding under chapter 232D.
35(6) To a district court upon a finding that data is
-490-1necessary for the resolution of an issue arising in any phase
2of a case involving proceedings for a child guardianship under
3chapter 232D.
4e. Other persons including all of the following:
5(1) A person conducting bona fide research on dependent
6adult abuse, but without information identifying individuals
7named in a dependent adult abuse report, unless having that
8information open to review is essential to the research or
9evaluation and the authorized registry officials give prior
10written approval and the adult, the adult’s guardian or
11guardian ad litem, and the person named in a report as having
12abused an adult give permission to release the information.
13(2) Registry or department personnel when necessary to the
14performance of their official duties or a person or agency
15under contract with the department to carry out official duties
16and functions of the registry.
17(3) The department of justice for the sole purpose of the
18filing of a claim for reparation pursuant to sections 915.21
19and 915.84.
20(4) A legally constituted adult protection agency of
21another state which is investigating or treating an adult named
22in a report as having been abused.
23(5) The office of the attorney general.
24(6) A health care facility administrator or the
25administrator’s designee, following the appeals process, for
26the purpose of hiring staff or continued employment of staff.
27(7) To the administrator of an agency providing care to a
28dependent adult in another state, for the purpose of performing
29an employment background check.
30(8) To the superintendent, or the superintendent’s
31designee, of a school district or to the authorities in charge
32of an accredited nonpublic school for purposes of a volunteer
33or employment record check.
34(9) The department of inspections and appeals for purposes
35of record checks of applicants for employment with the
-491-1department of inspections and appeals.
2(10) The state or a local long-term care ombudsman if the
3victim resides in or the alleged perpetrator is an employee of
4a long-term care facility as defined in section 231.4.
5(11) The state office or local office of public guardian as
6defined in section 231E.3, if the information relates to the
7provision of legal services for a client served by the state or
8local office of public guardian.
9(12) A nursing program that is approved by the state board
10of nursing under section 152.5, if the information relates to a
11record check performed pursuant to section 152.5A.
12(13) To the board of educational examiners created under
13chapter 272 for purposes of determining whether a license,
14certificate, or authorization should be issued, denied, or
15revoked.
16(14) The department on aging for the purposes of conducting
17background checks of applicants for employment with the
18department on aging.
19(15) To the Iowa veterans home for purposes of record checks
20of potential volunteers and volunteers in the Iowa veterans
21home.
22(16) To the administrator of a certified nurse aide program,
23if the data relates to a record check of a student of the
24program performed pursuant to section 135C.33.
25(17) To the administrator of a juvenile detention or shelter
26care home, if the data relates to a record check of an existing
27or prospective employee, resident, or volunteer for or in the
28home.
29(18) To the employer or prospective employer of a school bus
30driver for purposes of an employment record check.
31(19) To a free clinic as defined in section 135.24A for
32purposes of record checks of potential volunteers and existing
33volunteers at the free clinic.
34(20) To a bank, savings association, credit union,
35broker-dealer as defined in section 502.102, subsection 4,
-492-1investment advisor as defined in section 502.102, subsection
215, financial advisor, or other financial institution as deemed
3necessary by the department to protect the dependent adult’s
4resources.
5(21) To the social security administration.
6(22) To the administrator as defined in section 502.102,
7subsection 1.
8f. To a person who submits written authorization from
9an individual allowing the person access to information on
10the determination only on whether or not the individual who
11authorized the access is named in a founded dependent adult
12abuse report as having abused a dependent adult.
133. Access to unfounded dependent adult abuse information is
14authorized only to those persons identified in subsection 2,
15paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6),
16and paragraph “e”, subparagraphs (2), (5), (10), (20), (21), and
17(22).
18 Sec. 764. Section 235B.16, Code 2023, is amended to read as
19follows:
20235B.16 Information, education, and training requirements.
211. The department on aging, in cooperation with the
22department, shall conduct a public information and education
23program. The elements and goals of the program include but are
24not limited to:
25a. Informing the public regarding the laws governing
26dependent adult abuse and the reporting requirements for
27dependent adult abuse.
28b. Providing caretakers with information regarding services
29to alleviate the emotional, psychological, physical, or
30financial stress associated with the caretaker and dependent
31adult relationship.
32c. Affecting public attitudes regarding the role of a
33dependent adult in society.
342. The department, in cooperation with the department on
35aging and the department of inspections and appeals, shall
-493-1institute a program of education and training for persons,
2including members of provider groups and family members, who
3may come in contact with dependent adult abuse. The program
4shall include but is not limited to instruction regarding
5recognition of dependent adult abuse and the procedure for the
6reporting of suspected abuse.
73. The content of the continuing education required
8pursuant to chapter 272C for a licensed professional providing
9care or service to a dependent adult shall include, but is
10not limited to, the responsibilities, obligations, powers,
11and duties of a person regarding the reporting of suspected
12dependent adult abuse, and training to aid the professional in
13identifying instances of dependent adult abuse.
144. The department of inspections and appeals shall provide
15training to investigators regarding the collection and
16preservation of evidence in the case of suspected dependent
17adult abuse.
185. a. For the purposes of this subsection, “licensing
19board” means a board designated in section 147.13, the board of
20educational examiners created in section 272.2, or a licensing
21board as defined in section 272C.1.
22b. A person required to report cases of dependent adult
23abuse pursuant to sections 235B.3 and 235E.2, other than a
24physician whose professional practice does not regularly
25involve providing primary health care to adults, shall
26complete two hours of training relating to the identification
27and reporting of dependent adult abuse within six months of
28initial employment or self-employment which involves the
29examination, attending, counseling, or treatment of adults
30on a regular basis. Within one month of initial employment
31or self-employment, the person shall obtain a statement of
32the abuse reporting requirements from the person’s employer
33or, if self-employed, from the department. The person shall
34complete at least two hours of additional dependent adult abuse
35identification and reporting training every three years. If
-494-1the person completes at least one hour of additional dependent
2adult abuse identification and reporting training prior to the
3three-year expiration period, the person shall be deemed in
4compliance with the training requirements of this section for
5an additional three years.
6c. The core training curriculum relating to the
7identification and reporting of dependent adult abuse, as
8provided in paragraph “b”, shall be developed by the department
9pursuant to subsection 2 and provided by the department.
10d. An employer of a person required to report cases
11of dependent adult abuse pursuant to sections 235B.3 and
12235E.2 may provide supplemental training, specific to the
13identification and reporting of dependent adult abuse as it
14relates to the person’s professional practice, in addition to
15the core training provided by the department.
16e. A licensing board with authority over the license of
17a person required to report cases of dependent adult abuse
18pursuant to sections 235B.3 and 235E.2 shall require as a
19condition of licensure that the person is in compliance with
20the requirements for abuse training under this subsection.
21The licensing board shall require the person upon licensure
22renewal to accurately document for the licensing board the
23person’s completion of the training requirements. However,
24the licensing board may adopt rules providing for waiver or
25suspension of the compliance requirements, if the waiver or
26suspension is in the public interest, applicable to a person
27who is engaged in active duty in the military service of this
28state or of the United States, to a person for whom compliance
29with the training requirements would impose a significant
30hardship, or to a person who is practicing a licensed
31profession outside this state or is otherwise subject to
32circumstances that would preclude the person from encountering
33dependent adult abuse in this state.
34f. For persons required to report cases of dependent
35adult abuse pursuant to sections 235B.3 and 235E.2, who are
-495-1not engaged in a licensed profession that is subject to the
2authority of a licensing board but are employed by a facility
3or program subject to licensure, registration, or approval by a
4state agency, the agency shall require as a condition of the
5renewal of the facility’s or program’s licensure, registration,
6or approval, that such persons employed by the facility or
7program are in compliance with the training requirements of
8this subsection.
9g. For peace officers, the elected or appointed official
10designated as the head of the agency employing the peace
11officer shall ensure compliance with the training requirements
12of this subsection.
13h. For persons required to report cases of dependent adult
14abuse pursuant to sections 235B.3 and 235E.2 who are employees
15of state departments and political subdivisions of the state,
16the department director or the chief administrator of the
17political subdivision shall ensure the persons’ compliance with
18the training requirements of this subsection.
196. The department shall require an educational program for
20employees of the registry on the proper use and control of
21dependent adult abuse information.
22 Sec. 765. Section 235B.16A, Code 2023, is amended to read
23as follows:
24235B.16A Dependent adults — dependency assessments —
25interagency training.
261. The dependent adult protective advisory council
27established pursuant to section 235B.1 shall recommend a
28uniform assessment instrument and process for adoption and use
29by the department of human services and other agencies involved
30with assessing a dependent adult’s degree of dependency
31and determining whether dependent adult abuse has occurred.
32However, this section shall not apply to dependent adult abuse
33assessments and determinations made under chapter 235E.
342. The instrument and process design under subsection 1
35shall address but is not limited to all of the following:
-496- 1a. Evaluation of conformity with applicable federal law and
2regulations on the part of the persons employing, housing, or
3providing services to the dependent adult.
4b. Provision for the final step in the dependency assessment
5of a dependent adult to be a formal assessment of the existence
6of risk to the health or safety of the individual or of the
7degree of the individual’s impairment in ability under the
8definition of dependent adult in section 235B.2.
9c. If the assessment under paragraph “b” determines that a
10risk to the health or safety of the individual exists or the
11individual has a significant impairment in ability, and the
12individual being assessed agrees, provision for a case manager
13to be assigned to assist in preparing and implementing a safety
14plan which includes protective services for the individual.
15d. If the assessment under paragraph “b” determines that
16a risk to the health or safety of the individual exists or
17the individual has a significant impairment in ability, the
18individual being assessed does not agree to the safety plan
19provisions under paragraph “c” or accept other services, and
20the options available under sections 235B.17, 235B.18, and
21235B.19 are not utilized, provision for the department of human
22services to maintain periodic contact with the individual in
23accordance with rules adopted for this purpose. The purpose
24of the contact is to assess any increased risk or impairment
25and to monitor the individual’s goals, feelings, and concerns
26so that the department can intervene when necessary or
27offer services and other support to maintain or sustain the
28individual’s safety and independence when the individual is
29ready to agree to a safety plan or accept services.
303. The department of human services and other agencies
31involved with assessing a dependent adult’s degree of
32dependency and whether dependent adult abuse has occurred shall
33adopt rules and take other steps necessary to implement the
34uniform assessment instrument and process addressed by this
35section on or before July 1, 2010.
-497- 14. The department of human services shall cooperate with
2the department on aging, the departments of inspections
3and appeals, public health, public safety, and workforce
4development, the civil rights commission, and other state and
5local agencies performing inspections or otherwise visiting
6residential settings where dependent adults live, to regularly
7provide training to the appropriate staff in the agencies
8concerning each agency’s procedures involving dependent
9adults, and to build awareness concerning dependent adults and
10reporting of dependent adult abuse.
11 Sec. 766. Section 235E.2, subsection 1, paragraphs a and c,
12Code 2023, are amended to read as follows:
13a. The department shall receive and evaluate reports
14of dependent adult abuse in facilities and programs. The
15department shall inform the department of health and human
16services of such evaluations and dispositions and those
17individuals who should be placed on the central registry for
18dependent adult abuse pursuant to section 235E.7. If the
19department believes the situation involves an immediate danger
20to the public health, safety, or welfare requiring immediate
21agency action to seek emergency placement on the central
22registry, the department may utilize emergency adjudicative
23proceedings pursuant to section 17A.18A.
24c. A report of dependent adult abuse that meets the
25definition of dependent adult abuse under section 235E.1,
26subsection 5, paragraph “a”, subparagraph (1), subparagraph
27division (a) or (d), or section 235E.1, subsection 5, paragraph
28“a”, subparagraph (3), which the department determines is
29minor, isolated, and unlikely to reoccur shall be collected
30and maintained by the department of health and human services
31as an assessment only for a five-year period and shall not be
32included in the central registry and shall not be considered
33to be founded dependent adult abuse. A subsequent report of
34dependent adult abuse that meets the definition of dependent
35adult abuse under section 235E.1, subsection 5, paragraph “a”,
-498-1subparagraph (1), subparagraph division (a) or (d), or section
2235E.1, subsection 5, paragraph “a”, subparagraph (3), that
3occurs within the five-year period, and that is committed by
4the caretaker responsible for the act or omission which was the
5subject of the previous report of dependent adult abuse which
6the department determined was minor, isolated, and unlikely to
7reoccur, may be considered minor, isolated, and unlikely to
8reoccur depending on the circumstances of the report.
9 Sec. 767. Section 235E.2, subsection 5, Code 2023, is
10amended to read as follows:
115. Any other person who believes that a dependent adult
12has suffered dependent adult abuse may report the suspected
13dependent adult abuse to the department of inspections and
14appeals. The department of inspections and appeals shall
15transfer any reports received of dependent adult abuse in the
16community to the department of health and human services. The
17department of health and human services shall transfer any
18reports received of dependent adult abuse in facilities or
19programs to the department of inspections and appeals.
20 Sec. 768. Section 235E.2, subsection 6, paragraph a, Code
212023, is amended to read as follows:
22a. If, upon completion of an investigation, the department
23determines that the best interests of the dependent adult
24require court action, the department shall notify the
25department of health and human services of the potential need
26for a guardian or conservator or for admission or commitment
27to an appropriate institution or facility pursuant to the
28applicable procedures under chapter 125, 222, 229, or 633, or
29shall pursue other remedies provided by law. The appropriate
30county attorney shall assist the department of health and human
31services in the preparation of the necessary papers to initiate
32the action and shall appear and represent the department of
33health and human services at all district court proceedings.
34 Sec. 769. Section 235F.6, subsection 4, Code 2023, is
35amended to read as follows:
-499- 14. The court may approve a consent agreement between the
2parties entered into to bring about the cessation of elder
3abuse. A consent agreement approved under this section shall
4not contain any of the following:
5a. A provision that prohibits any party to the action
6from contacting or cooperating with any government agency
7including the department of health and human services, the
8department of inspections and appeals, the department on aging,
9 the department of justice, law enforcement, and the office of
10long-term care ombudsman; a licensing or regulatory agency
11that has jurisdiction over any license or certification held
12by the defendant; a protection and advocacy agency recognized
13in section 135C.2; or the defendant’s current employer if the
14defendant’s professional responsibilities include contact with
15vulnerable elders, dependent adults, or minors, if the party
16contacting or cooperating has a good-faith belief that the
17information is relevant to the duties or responsibilities of
18the entity.
19b. A provision that prohibits any party to the action from
20filing a complaint with or reporting a violation of law to
21any government agency including the department of health and
22 human services, the department of inspections and appeals,
23the department on aging, the department of justice, law
24enforcement, and the office of long-term care ombudsman; a
25licensing or regulatory agency that has jurisdiction over any
26license or certification held by the defendant; a protection
27and advocacy agency recognized in section 135C.2; or the
28defendant’s current employer.
29c. A provision that requires any party to the action to
30withdraw a complaint filed with or a violation reported to
31any government agency including the department of health and
32 human services, the department of inspections and appeals,
33the department on aging, the department of justice, law
34enforcement, and the office of long-term care ombudsman; a
35licensing or regulatory agency that has jurisdiction over any
-500-1license or certification held by the defendant; a protection
2and advocacy agency recognized in section 135C.2; or the
3defendant’s current employer.
4 Sec. 770. Section 237.1, Code 2023, is amended to read as
5follows:
6237.1 Definitions.
7As used in this chapter:
81. “Administrator” means the administrator of that division
9of the department designated by the director of human services
10to administer this chapter or the administrator’s designee.
112. 1. “Agency” means a person, as defined in section 4.1,
12subsection 20, which provides child foster care and which does
13not meet the definition of an individual in subsection 7 as
14defined under this section.
153. 2. “Child” means child as defined in section 234.1,
16subsection 2.
174. 3. “Child foster care” means the provision of parental
18nurturing, including but not limited to the furnishing of
19food, lodging, training, education, supervision, treatment,
20or other care, to a child on a full-time basis by a person,
21including a relative of the child if the relative is licensed
22under this chapter, but not including a guardian of the child.
23“Child foster care” does not include any of the following care
24situations:
25a. Care furnished by an individual person who receives the
26child of a personal friend as an occasional and personal guest
27in the individual person’s home, free of charge and not as a
28business.
29b. Care furnished by an individual person with whom a child
30has been placed for lawful adoption, unless that adoption is
31not completed within two years after placement.
32c. Care furnished by a private boarding school subject to
33approval by the state board of education pursuant to section
34256.11.
35d. Child care furnished by a child care center, a child
-501-1development home, or a child care home as defined in section
2237A.1.
3e. Care furnished in a hospital licensed under chapter 135B
4or care furnished in a nursing facility licensed under chapter
5135C.
6f. Care furnished by a relative of a child or an individual
7person with a meaningful relationship with the child where the
8child is not under the placement, care, or supervision of the
9department.
104. “Council” means the council on health and human services.
115. “Department” means the department of health and human
12services.
136. “Director” means the director of health and human
14services.
157. “Facility” means the personnel, program, physical plant,
16and equipment of a licensee.
177. 8. “Individual” means an individual person or a married
18couple who provides child foster care in a single-family home
19environment and which does not meet the definition of an agency
20in subsection 2 under this section.
218. 9. “Licensee” means an individual or an agency licensed
22by the administrator under this chapter.
239. 10. “Reasonable and prudent parent standard” means
24the standard characterized by careful and sensible parenting
25decisions that maintain the health, safety, and best interests
26of a child, while at the same time encouraging the emotional
27and developmental growth of a child, that a caregiver shall
28use when determining whether to allow a child in foster care
29under the placement, care, or supervision of the department to
30participate in extracurricular, enrichment, cultural, or social
31activities. For the purposes of this subsection, “caregiver”
32means an individual or an agency licensed under this chapter
33with which a child in foster care has been placed or a juvenile
34shelter care home approved under chapter 232 in which a child
35in foster care has been placed.
-502-1 Sec. 771. Section 237.3, Code 2023, is amended to read as
2follows:
3237.3 Rules.
41. Except as otherwise provided by subsections 3 and 4,
5the administrator department shall promulgate, after their
6adoption by the council on human services, and enforce in
7accordance with chapter 17A, administrative rules necessary
8to implement this chapter. Formulation of the rules shall
9include consultation with representatives of child foster care
10providers, and other persons affected by this chapter. The
11rules shall encourage the provision of child foster care in a
12single-family, home environment, exempting the single-family,
13home facility from inappropriate rules.
142. Rules applicable to licensees shall include but are not
15limited to:
16a. Types of facilities which include but are not limited to
17group foster care facilities and family foster care homes.
18b. The number, qualifications, character, and parenting
19ability of personnel necessary to assure the health, safety and
20welfare of children receiving child foster care.
21c. Programs for education and in-service training of
22personnel.
23d. The physical environment of a facility.
24e. Policies for intake, assessment, admission and discharge.
25f. Housing, health, safety, and medical care policies
26for children receiving child foster care. The medical care
27policies shall include but are not limited to all of the
28following:
29(1) Provision by the department to the foster care provider
30at or before the time of a child’s placement of the child’s
31health records and any other information possessed or known
32about the health of the child or about a member of the child’s
33family that pertains to the child’s health.
34(2) If the health records supplied in accordance with
35the child’s case permanency plan to the foster care provider
-503-1are incomplete or the provider requests specific health
2information, provision for obtaining additional health
3information from the child’s parent or other source and
4supplying the additional information to the foster care
5provider.
6(3) Provision for emergency health coverage of the child
7while the child is engaged in temporary out-of-state travel
8with the child’s foster family.
9g. (1) The adequacy of programs available to children
10receiving child foster care provided by agencies, including but
11not limited to:
12(a) Dietary services.
13(b) Social services.
14(c) Activity programs.
15(d) Behavior management procedures.
16(e) Educational programs, including special education
17as defined in section 256B.2, subsection 1, paragraph “b”,
18where appropriate, which are approved by the state board of
19education.
20(2) The department shall not promulgate rules which
21regulate individual licensees in the subject areas enumerated
22in this paragraph “g”.
23h. Policies for involvement of biological parents.
24i. Records a licensee is required to keep, and reports a
25licensee is required to make to the administrator department.
26j. Prior to the licensing of an individual as a foster
27family home, a required, written social assessment of the
28quality of the living situation in the home of the individual,
29and a required compilation of personal references for the
30individual other than those references given by the individual.
31k. Elements of a foster care placement agreement outlining
32rights and responsibilities associated with an individual
33providing family foster care. The rights and responsibilities
34shall include but are not limited to all of the following:
35(1) Receiving information prior to the child’s placement
-504-1regarding risk factors concerning the child that are known to
2the department, including but not limited to notice if the
3child is required to register under chapter 692A.
4(2) Having regularly scheduled meetings with each case
5manager assigned to the child.
6(3) Receiving access to any reports prepared by a service
7provider who is working with the child unless the access is
8prohibited by state or federal law.
93. Rules governing fire safety in facilities with child
10foster care provided by agencies shall be promulgated by the
11state fire marshal pursuant to section 100.1, subsection 5,
12 after consultation with the administrator director.
134. Rules governing sanitation, water and waste disposal
14standards for facilities shall be promulgated by the Iowa
15 department of public health pursuant to section 135.11,
16subsection 12, after consultation with the administrator
17 director.
185. In case of a conflict between rules promulgated pursuant
19to subsections 3 and 4 and local rules, the more stringent
20requirement applies.
216. Rules of the department shall not prohibit the licensing,
22as foster family homes, of individuals who are departmental
23employees not directly engaged in the administration of the
24child foster care program pursuant to this chapter.
257. If an agency is accredited by the joint commission
26on the accreditation of health care organizations under the
27commission’s consolidated standards for residential settings
28or by the council on accreditation of services for families
29and children, the department shall modify facility licensure
30standards applied to the agency in order to avoid duplicating
31standards applied through accreditation.
328. The department, in consultation with the judicial
33branch, the division of criminal and juvenile justice planning
34of the department of human rights, residential treatment
35providers, the foster care provider association, and other
-505-1parties which may be affected, shall review the licensing rules
2pertaining to residential treatment facilities, and examine
3whether the rules allow the facilities to accept and provide
4effective treatment to juveniles with serious problems who
5might not otherwise be placed in those facilities.
69. The department shall adopt rules specifying the elements
7of a preadoptive care agreement outlining the rights and
8responsibilities associated with a person providing preadoptive
9care, as defined in section 232.2.
1010. The department shall adopt rules to administer the
11exception to the definition of child care in section 237A.1,
12subsection 3, paragraph “l”, allowing a child care facility, for
13purposes of providing respite care to a foster family home, to
14provide care, supervision, or guidance of a child for a period
15of twenty-four hours or more who is placed with the licensed
16foster family home.
17 Sec. 772. Section 237.4, Code 2023, is amended to read as
18follows:
19237.4 License required — exceptions.
20An individual or an agency, as defined in section 237.1,
21shall not provide child foster care unless the individual or
22agency obtains a license issued by the administrator under this
23chapter. However, a license is not required of the following:
241. An individual providing child foster care for a total of
25not more than twenty days in one calendar year.
262. A residential care facility licensed under chapter 135C
27which is approved for the care of children.
283. A hospital licensed under chapter 135B.
294. A health care facility licensed under chapter 135C.
305. A juvenile detention home or juvenile shelter care home
31approved under section 232.142.
326. An institution listed in section 218.1.
337. A facility licensed under chapter 125.
348. An individual providing child care as a babysitter at the
35request of a parent, guardian or relative having lawful custody
-506-1of the child.
2 Sec. 773. Section 237.5, Code 2023, is amended to read as
3follows:
4237.5 License application and issuance — denial, suspension,
5or revocation — provisional licenses.
61. An individual or an agency shall apply for a license
7by completing an application to the administrator department
8 upon forms furnished by the administrator department. The
9administrator department shall issue or reissue a license if
10the administrator department determines that the applicant or
11licensee is or upon commencing operation will provide child
12foster care in compliance with this chapter. An initial
13license for an individual is valid for one year from the date
14of issuance. After the first two years of licensure, a license
15for an individual is valid for two years from the most recent
16date of issuance except that the administrator department,
17within the administrator’s director’s discretion and based upon
18the performance of the licensee, may require annual renewal
19of the license or may issue a provisional license pursuant to
20subsection 3. A license for an agency is valid for up to three
21years from the date of issuance for the period determined by
22the administrator department in accordance with administrative
23rules providing criteria for making the determination. The
24license shall state on its face the name of the licensee, the
25type of facility, the particular premises for which the license
26is issued, and the number of children who may be cared for by
27the facility on the premises at one time. The license shall
28be posted in a conspicuous place in the physical plant of the
29facility, except that if the facility is in a single-family
30home the license may be kept where it is readily available for
31examination upon request.
322. The administrator department, after notice and
33opportunity for an evidentiary hearing, may deny an application
34for a license, and may suspend or revoke a license, if the
35applicant or licensee violates this chapter or the rules
-507-1promulgated pursuant to this chapter, or knowingly makes
2a false statement concerning a material fact or conceals
3a material fact on the license application or in a report
4regarding operation of the facility submitted to the
5administrator department.
63. The administrator department may issue a provisional
7license for not more than one year to a licensee whose
8facility does not meet the requirements of this chapter, if
9written plans to bring the facility into compliance with the
10applicable requirements are submitted to and approved by the
11administrator department. The plans shall state a specific
12time when compliance will be achieved. Only one provisional
13license shall be issued for a facility by reason of the same
14deficiency.
15 Sec. 774. Section 237.6, Code 2023, is amended to read as
16follows:
17237.6 Restricted use of facility.
18A licensee shall not furnish child foster care in a building
19or on premises not designated in the license. A licensee
20shall not furnish child foster care to a greater number of
21children than is designated in the license, unless authorized
22by the administrator so authorizes department. Multiple
23licenses authorizing separate and distinct parts of a facility
24to provide different categories of child foster care may be
25issued.
26 Sec. 775. Section 237.7, Code 2023, is amended to read as
27follows:
28237.7 Reports and inspections.
29The administrator department may require submission of
30reports by a licensee, and shall cause at least one annual
31unannounced inspection of each facility to assess the quality
32of the living situation and to determine compliance with
33applicable requirements and standards. The inspections shall
34be conducted by the department of inspections and appeals.
35The director of the department of inspections and appeals
-508-1may examine records of a licensee, including but not limited
2to corporate records and board minutes, and may inquire into
3matters concerning a licensee and its employees relating to
4requirements and standards for child foster care under this
5chapter.
6 Sec. 776. Section 237.8, Code 2023, is amended to read as
7follows:
8237.8 Personnel.
91. A person shall not be allowed to provide services in a
10facility if the person has a disease which is transmissible to
11other persons through required contact in the workplace, which
12presents a significant risk of infecting other persons, which
13presents a substantial possibility of harming other persons, or
14for which no reasonable accommodation can eliminate the risk of
15infecting other persons.
162. a. (1) If a person is being considered for licensure
17under this chapter, or for employment involving direct
18responsibility for a child or in a facility where children
19reside, by a licensee under this chapter, or if a person will
20reside in a facility utilized by a licensee, and if the person
21has been convicted of a crime or has a record of founded child
22abuse, the record check evaluation system of the department
23and the licensee for an employee of the licensee shall perform
24an evaluation to determine whether the crime or founded
25child abuse warrants prohibition of licensure, employment,
26or residence in the facility. The department record check
27evaluation system shall conduct criminal and child abuse record
28checks in this state and may conduct these checks in other
29states. The evaluation shall be performed in accordance with
30procedures adopted for this purpose by the department.
31(2) If the criminal and child abuse record checks conducted
32in this state under subparagraph (1) for an individual being
33considered for licensure under this chapter, or for employment
34involving direct responsibility for a child or in a facility
35where children reside, by a licensee under this chapter, or
-509-1for an individual who will reside in a facility utilized by
2a licensee, have been completed and the individual either
3does not have a record of crime or founded child abuse or the
4department’s record check evaluation system’s evaluation of
5the record has determined that prohibition of the individual’s
6licensure or employment is not warranted, the individual may
7be provisionally approved for licensure or employment pending
8the outcome of the fingerprint-based criminal history check
9conducted pursuant to subparagraph (4).
10(3) An individual being considered for licensure under this
11chapter, or for employment involving direct responsibility for
12a child or in a facility where children reside, by a licensee
13under this chapter, or for an individual who will reside in a
14facility utilized by a licensee, shall not be granted a license
15or be employed and an evaluation shall not be performed under
16this subsection if the individual has been convicted of any of
17the following felony offenses:
18(a) Within the five-year period preceding the application
19date, a drug-related offense.
20(b) Child endangerment or neglect or abandonment of a
21dependent person.
22(c) Domestic abuse.
23(d) A crime against a child, including but not limited to
24sexual exploitation of a minor.
25(e) A forcible felony.
26(4) If an individual is being considered for licensure under
27this chapter, or for employment involving direct responsibility
28for a child or in a facility where children reside, by a
29licensee under this chapter, or if an individual will reside
30in a facility utilized by a licensee, or if an individual is
31subject to licensure under this chapter as a foster parent,
32in addition to the record checks conducted under subparagraph
33(1), the individual’s fingerprints shall be provided to the
34department of public safety for submission through the state
35criminal history repository to the United States department
-510-1of justice, federal bureau of investigation for a national
2criminal history check. The cost of the criminal history check
3conducted under this subparagraph is the responsibility of the
4department of human services.
5(5) If the criminal and child abuse record checks conducted
6in this state under subparagraph (1) for an individual being
7considered for licensure as a foster parent have been completed
8and the individual either does not have a record of crime
9or founded abuse or the department’s record check evaluation
10system’s evaluation of the record has determined that
11prohibition of the individual’s licensure is not warranted, the
12individual may be provisionally approved for licensure pending
13the outcome of the fingerprint-based criminal history check
14conducted pursuant to subparagraph (4).
15(6) An individual applying to be a foster parent licensee
16shall not be granted a license and an evaluation shall not be
17performed under this subsection if the individual has been
18convicted of any of the following felony offenses:
19(a) Within the five-year period preceding the application
20date, a drug-related offense.
21(b) Child endangerment or neglect or abandonment of a
22dependent person.
23(c) Domestic abuse.
24(d) A crime against a child, including but not limited to
25sexual exploitation of a minor.
26(e) A forcible felony.
27b. Except as otherwise provided in paragraph “a”, if the
28department record check evaluation system determines that a
29person has committed a crime or has a record of founded child
30abuse and is licensed, employed by a licensee, or resides in a
31licensed facility the department record check evaluation system
32 shall notify the licensee that an evaluation will be conducted
33to determine whether prohibition of the person’s licensure,
34employment, or residence is warranted.
35c. In an evaluation, the department record check evaluation
-511-1system and the licensee for an employee of the licensee shall
2consider the nature and seriousness of the crime or founded
3child abuse in relation to the position sought or held, the
4time elapsed since the commission of the crime or founded child
5abuse, the circumstances under which the crime or founded
6child abuse was committed, the degree of rehabilitation, the
7likelihood that the person will commit the crime or founded
8child abuse again, and the number of crimes or founded child
9abuses committed by the person involved. The department record
10check evaluation system may permit a person who is evaluated
11to be licensed, employed, or to reside, or to continue to be
12licensed, employed, or to reside in a licensed facility, if the
13person complies with the department’s record check evaluation
14system’s conditions relating to the person’s licensure,
15employment, or residence, which may include completion of
16additional training. For an employee of a licensee, these
17conditional requirements shall be developed with the licensee.
18The department record check evaluation system has final
19authority in determining whether prohibition of the person’s
20licensure, employment, or residence is warranted and in
21developing any conditional requirements under this paragraph.
22d. If the department record check evaluation system
23 determines that the person has committed a crime or has a
24record of founded child abuse which warrants prohibition of
25licensure, employment, or residence, the person shall not be
26licensed under this chapter and shall not be employed by a
27licensee or reside in a licensed facility.
283. In addition to the record checks required under
29subsection 2, the department of human services record check
30evaluation system may conduct dependent adult abuse record
31checks in this state and may conduct these checks in other
32states, on a random basis. The provisions of subsection 2,
33relative to an evaluation following a determination that a
34person has been convicted of a crime or has a record of founded
35child abuse, shall also apply to a random check conducted under
-512-1this subsection.
24. On or after July 1, 1994, a A licensee shall inform
3all new applicants for employment of the possibility of the
4performance of a record check and shall obtain, from the
5applicant, a signed acknowledgment of the receipt of the
6information.
75. On or after July 1, 1994, a A licensee shall include the
8following inquiry in an application for employment:
9Do you have a record of founded child or dependent adult abuse
10or have you ever been convicted of a crime, in this state or any
11other state?
12 Sec. 777. Section 237.13, Code 2023, is amended to read as
13follows:
14237.13 Foster home insurance fund.
151. For the purposes of this section, “foster home” means an
16individual, as defined in section 237.1, subsection 7, who is
17licensed to provide child foster care and shall also be known
18as a “licensed foster home”.
192. The foster home insurance fund shall be administered by
20the department of human services. The fund shall consist of
21all moneys appropriated by the general assembly for deposit
22in the fund. The department shall use moneys in the fund to
23provide home and property coverage for foster parents to cover
24damages to property resulting from the actions of a foster
25child residing in a foster home or to reimburse foster parents
26for the cost of purchasing foster care liability insurance and
27to perform the administrative functions necessary to carry out
28this section. The department may establish limitations of
29liability for individual claims as deemed reasonable by the
30department.
313. The department of human services shall adopt rules,
32pursuant to chapter 17A, to carry out the provisions of this
33section.
34 Sec. 778. Section 237.15, subsection 7, Code 2023, is
35amended to read as follows:
-513- 17. “Person or court responsible for the child” means the
2department, including but not limited to the department of
3health and human services, the agency, or the individual who is
4the guardian of a child by court order issued by the juvenile
5or district court and has the responsibility of the care of the
6child, or the court having jurisdiction over the child.
7 Sec. 779. Section 237.16, Code 2023, is amended to read as
8follows:
9237.16 Child advocacy board — staff.
101. The child advocacy board is created within the department
11of inspections and appeals. The state board consists of nine
12members appointed by the governor, subject to confirmation
13by the senate and directly responsible to the governor. One
14member shall be an active court appointed special advocate
15volunteer, one member shall be an active member of a local
16citizen foster care review board, and one member shall be a
17judicial branch employee or judicial officer appointed from
18nominees submitted by the judicial branch. The appointment is
19for a term of four years that begins and ends as provided in
20section 69.19. Vacancies on the state board shall be filled in
21the same manner as original appointments are made.
222. The members of the state board shall annually select a
23chairperson, vice chairperson, and other officers the members
24deem necessary. The members may be entitled to receive
25reimbursement for actual and necessary expenses incurred in
26the performance of their duties, subject to available funding.
27Each member of the board may also be eligible to receive
28compensation as provided in section 7E.6. The state board
29shall meet at least twice a year.
303. An employee of the department or of the department of
31inspections and appeals, an employee of a child-placing agency,
32an employee of an agency with which the department contracts
33for services for children under foster care, a foster parent
34providing foster care, or an employee of the district court
35is not eligible to serve on the state board. However, the
-514-1judicial branch employee or judicial officer appointed from
2nominees submitted by the judicial branch in accordance with
3subsection 1 shall be eligible to serve on the state board.
44. The department and the department of inspections and
5appeals shall jointly develop written protocols detailing the
6responsibilities of each the department with regard to children
7under the purview of the state board. The protocols shall be
8reviewed by the departments department on an annual basis.
95. The director shall employ appropriate staff for the state
10board in accordance with available funding.
11 Sec. 780. Section 237.18, subsection 4, Code 2023, is
12amended by striking the subsection.
13 Sec. 781. Section 237.21, subsection 5, Code 2023, is
14amended to read as follows:
155. Members of the state board and local boards, court
16appointed special advocates, and the employees of the
17department and the department of inspections and appeals are
18subject to standards of confidentiality pursuant to sections
19217.30, 228.6, subsection 1, sections 235A.15, 600.16,
20and 600.16A. Members of the state and local boards, court
21appointed special advocates, and employees of the department
22and the department of inspections and appeals who disclose
23information or records of the board or department, other than
24as provided in subsections 2, 3, and 4, section 232.126,
25and section 237.20, subsection 2, are guilty of a simple
26misdemeanor.
27 Sec. 782. Section 237A.1, Code 2023, is amended to read as
28follows:
29237A.1 Definitions.
30As used in this chapter unless the context otherwise
31requires:
321. “Administrator” means the administrator of the division
33of the department designated by the director to administer this
34chapter.
352. 1. “Child” means either of the following:
-515- 1a. A person twelve years of age or younger.
2b. A person thirteen years of age or older but younger than
3nineteen years of age who has a developmental disability as
4defined under the federal Developmental Disabilities Assistance
5and Bill of Rights Act of 2000, Pub.L. No.106-402, as
6codified in 42 U.S.C. §15002(8).
73. 2. “Child care” means the care, supervision, and
8guidance of a child by a person other than the child’s parent,
9guardian, or custodian for periods of less than twenty-four
10hours per day per child on a regular basis, but does not
11include care, supervision, and guidance of a child by any of
12the following:
13a. An instructional program for children who are attending
14prekindergarten as defined by the state board of education
15under section 256.11 or a higher grade level and are at least
16four years of age, or are at least three years of age and
17eligible for special education under chapter 256B, administered
18by any of the following:
19(1) A public or nonpublic school system accredited by the
20department of education or the state board of regents.
21(2) A nonpublic school system which is not accredited by the
22department of education or the state board of regents.
23b. Any of the following church-related programs:
24(1) An instructional program.
25(2) A youth program other than a preschool, before or after
26school child care program, or other child care program.
27(3) A program providing care to children on church premises
28while the children’s parents are attending church-related or
29church-sponsored activities on the church premises.
30c. Short-term classes of less than two weeks’ duration held
31between school terms or during a break within a school term.
32d. A child care center for sick children operated as part of
33a pediatrics unit in a hospital licensed by the department of
34inspections and appeals pursuant to chapter 135B.
35e. A program operated not more than one day per week by
-516-1volunteers which meets all of the following conditions:
2(1) Not more than eleven children are served per volunteer.
3(2) The program operates for less than four hours during any
4twenty-four-hour period.
5(3) The program is provided at no cost to the children’s
6parent, guardian, or custodian.
7f. A program administered by a political subdivision of the
8state which is primarily for recreational or social purposes
9and is limited to children who are five years of age or older
10and attending school.
11g. An after school program continuously offered throughout
12the school year calendar to children who are at least five
13years of age and are enrolled in school, and attend the program
14intermittently or a summer-only program for such children. The
15program must be provided through a nominal membership fee or
16at no cost.
17h. A special activity program which meets less than four
18hours per day for the sole purpose of the special activity.
19Special activity programs include but are not limited to music
20or dance classes, organized athletic or sports programs,
21recreational classes, scouting programs, and hobby or craft
22clubs or classes.
23i. A nationally accredited camp.
24j. A structured program for the purpose of providing
25therapeutic, rehabilitative, or supervisory services to
26children under any of the following:
27(1) A purchase of service or managed care contract with the
28department.
29(2) A contract approved by a governance board of a
30decategorization of child welfare and juvenile justice funding
31project created under section 232.188.
32(3) An arrangement approved by a juvenile court order.
33k. Care provided on-site to children of parents residing in
34an emergency, homeless, or domestic violence shelter.
35l. A child care facility providing respite care to a
-517-1licensed foster family home for a period of twenty-four hours
2or more to a child who is placed with that licensed foster
3family home.
4m. A program offered to a child whose parent, guardian,
5or custodian is engaged solely in a recreational or social
6activity, remains immediately available and accessible on the
7physical premises on which the child’s care is provided, and
8does not engage in employment while the care is provided.
9 However, if the recreational or social activity is provided
10in a fitness center or on the premises of a nonprofit
11organization, the parent, guardian, or custodian of the child
12may be employed to teach or lead the activity.
134. 3. “Child care center” or “center” means a facility
14providing child care or preschool services for seven or more
15children, except when the facility is registered as a child
16development home.
175. 4. “Child care facility” or “facility” means a child
18care center, preschool, or a registered child development home.
196. 5. “Child care home” means a person or program providing
20child care to any of the following children at any one time
21that is not registered to provide child care under this
22chapter, as authorized under section 237A.3:
23a. Five or fewer children.
24b. Six or fewer children, if at least one of the children
25is school-aged.
267. 6. “Child development home” means a person or program
27registered under section 237A.3A that may provide child care to
28seven or more children at any one time.
297. “Council” means the council on health and human services.
308. “Department” means the department of health and human
31services.
329. “Director” means the director of health and human
33services.
3410. “Infant” means a child who is less than twenty-four
35months of age.
-518- 111. “Involvement with child care” means licensed or
2registered under this chapter, employed in a child care
3facility, residing in a child care facility, receiving public
4funding for providing child care, or providing child care as a
5child care home provider, or residing in a child care home.
612. “Licensed center” means a center issued a full or
7provisional license by the department under the provisions
8of this chapter or a center for which a license is being
9processed.
1013. “Poverty level” means the poverty level defined by the
11most recently revised poverty income guidelines published by
12the United States department of health and human services.
1314. “Preschool” means a child care facility which provides
14to children ages three through five, for periods of time not
15exceeding three hours per day, programs designed to help the
16children to develop intellectual skills, social skills, and
17motor skills, and to extend their interest and understanding
18of the world about them.
1915. “School” means kindergarten or a higher grade level.
2016. “State child care advisory committee” means the state
21child care advisory committee established pursuant to section
22135.173A.
23 Sec. 783. Section 237A.2, subsection 1, paragraph a, Code
242023, is amended to read as follows:
25a. An application for a license or a renewal has been filed
26with the administrator department on forms provided by the
27department.
28 Sec. 784. Section 237A.2, subsection 3, Code 2023, is
29amended to read as follows:
303. The administrator department may reduce a previously
31issued license to a provisional license or issue a provisional
32license for a period of time not to exceed one year if the
33center does not meet standards required under this section.
34A provisional license shall not be renewable in regard to
35the same standards for more than two consecutive years. A
-519-1provisional license shall be posted in a conspicuous place
2in the center as provided in this section. If written plans
3to bring the center up to standards, giving specific dates
4for completion of work, are submitted to and approved by the
5department, the provisional license shall be renewable as
6provided in this subsection.
7 Sec. 785. Section 237A.3A, subsection 3, paragraph a, Code
82023, is amended to read as follows:
9a. Three categories of standards shall be applicable to
10child development homes. The initial designations of the
11categories, which may be revised by the department, shall be
12“A”, “B”, and “C”, as ranked from less stringent standards and
13capacity to more stringent standards and capacity. The “C”
14registration category standards shall require the highest level
15of provider qualifications and allow the greatest capacity of
16the three categories. The department of human services, in
17consultation with the Iowa department of public health, shall
18adopt rules applying standards to each category specifying
19provider qualifications and training, health and safety
20requirements, capacity, amount of space available per child,
21and other minimum requirements. The capacity requirements
22shall take into consideration the provider’s own children,
23children who have a mild illness, children receiving part-time
24child care, and children served as a sibling group in overnight
25care.
26 Sec. 786. Section 237A.5, Code 2023, is amended to read as
27follows:
28237A.5 Personnel.
291. All personnel in licensed or registered facilities
30shall have good health as evidenced by a report following a
31preemployment physical examination taken within six months
32prior to beginning employment. The examination shall include
33communicable disease tests by a licensed physician as defined
34in section 135C.1 or a licensed physician assistant as defined
35in section 148C.1 and shall be repeated every three years after
-520-1initial employment. Controlled medical conditions which would
2not affect the performance of the employee in the capacity
3employed shall not prohibit employment.
42. a. For the purposes of this section, unless the context
5otherwise requires:
6(1) “Person subject to a record check” means a person who is
7described by any of the following:
8(a) The person is being considered for licensure or
9registration or is registered or licensed under this chapter.
10(b) The person is being considered by a child care facility
11for employment involving direct responsibility for a child or
12with access to a child when the child is alone or is employed
13with such responsibilities.
14(c) The person will reside or resides in a child care
15facility.
16(d) The person has applied for or receives public funding
17for providing child care.
18(e) The person will reside or resides in a child care home
19that is not registered under this chapter but that receives
20public funding for providing child care.
21(2) “Person subject to an evaluation” means a person subject
22to a record check whose record indicates that the person has
23committed a transgression.
24(3) “Transgression” means the existence of any of the
25following in a person’s record:
26(a) Conviction of a crime.
27(b) A record of having committed founded child or dependent
28adult abuse.
29(c) Listing in the sex offender registry under chapter 692A.
30(d) A record of having committed a public or civil offense.
31(e) The department has revoked a child care facility
32registration or license due to the person’s continued or
33repeated failure to operate the child care facility in
34compliance with this chapter and rules adopted pursuant to this
35chapter.
-521- 1b. If an individual person subject to a record check is
2being considered for employment by a child care facility or
3child care home provider, in lieu of requesting a record check
4in this state to be conducted by the department record check
5evaluation system under paragraph “c”, the child care facility
6or child care home may access the single contact repository
7established pursuant to section 135C.33 as necessary to conduct
8a criminal and child abuse record check of the individual
9in this state. A copy of the results of the record check
10conducted through the single contact repository shall also be
11provided to the department record check evaluation system.
12If the record check indicates the individual is a person
13subject to an evaluation, the child care facility or child care
14home may request that the department record check evaluation
15system perform an evaluation as provided in this subsection.
16Otherwise, the individual shall not be employed by the child
17care facility or child care home.
18c. Unless a record check has already been conducted in
19accordance with paragraph “b”, the department record check
20evaluation system shall conduct a criminal and child abuse
21record check in this state for a person who is subject to a
22record check and may conduct such a check in other states. In
23addition, the department record check evaluation system may
24conduct a dependent adult abuse, sex offender registry, or
25other public or civil offense record check in this state or in
26other states for a person who is subject to a record check.
27d. (1) For a person subject to a record check, in
28addition to any other record check conducted pursuant to this
29subsection, the person’s fingerprints shall be provided to the
30department of public safety for submission through the state
31criminal history repository to the United States department
32of justice, federal bureau of investigation for a national
33criminal history check. The department may adopt rules
34specifying criteria in the public interest for requiring the
35national criminal history check of a person to be repeated.
-522- 1(2) Except as otherwise provided by law, the cost of a
2national criminal history check conducted in accordance with
3subparagraph (1) and the state record checks conducted in
4accordance with paragraph “c” that are conducted in connection
5with a person’s involvement with a child care center are not
6the responsibility of the department. The department is
7responsible for the cost of such checks conducted in connection
8with a person’s involvement with a child development home or
9child care home.
10(3) If record checks under paragraph “b” or “c” have been
11conducted on a person subject to a record check and the results
12do not warrant prohibition of the person’s involvement with
13child care or otherwise present protective concerns, the person
14may be involved with child care on a provisional basis until
15the record check under subparagraph (1) has been completed.
16(4) If a person subject to a record check refuses to consent
17to a record check or if the person makes what the person knows
18to be a false statement of material fact in connection with a
19record check, the person shall be prohibited from involvement
20with child care.
21e. (1) If a record check performed pursuant to this
22subsection identifies an individual as a person subject to
23an evaluation, an evaluation shall be performed to determine
24whether prohibition of the person’s involvement with child care
25is warranted. The evaluation shall be performed in accordance
26with procedures adopted for this purpose by the department.
27(2) Prior to performing an evaluation, the department
28 record check evaluation system shall notify the affected
29person, licensee, registrant, or child care home applying for
30or receiving public funding for providing child care, that an
31evaluation will be conducted to determine whether prohibition
32of the person’s involvement with child care is warranted.
33f. If a record check performed in accordance with paragraph
34“b” or “c” identifies that an individual is a person subject
35to an evaluation, the department record check evaluation
-523-1system shall perform the evaluation in accordance with this
2subsection, even if the application which made the person
3subject to the record check is withdrawn or the circumstances
4which made the person subject to the record check are no longer
5applicable. If the department’s record check evaluation
6system’s evaluation determines that prohibition of the person’s
7involvement with child care is warranted, the provisions of
8this subsection regarding such a prohibition shall apply.
9g. A person subject to a record check who is or was employed
10by a child care facility or child care home provider and
11is hired by another child care facility or child care home
12provider shall be subject to a record check in accordance
13with this subsection. However, if the person was subject
14to an evaluation because of a transgression in the person’s
15record and the evaluation determined that the transgression
16did not warrant prohibition of the person’s involvement
17with child care and the latest record checks do not indicate
18there is a transgression that was committed subsequent to
19that evaluation, the person may commence employment with the
20other child care facility or provider in accordance with the
21department’s evaluation and an exemption from any requirements
22for reevaluation of the latest record checks is authorized.
23Authorization of an exemption under this paragraph “g” from
24requirements for reevaluation of the latest record checks by
25the department record check evaluation system is subject to all
26of the following provisions:
27(1) The position with the subsequent employer is
28substantially the same or has the same job responsibilities as
29the position for which the previous evaluation was performed.
30(2) Any restrictions placed on the person’s employment
31in the previous evaluation by the department record check
32evaluation system shall remain applicable in the person’s
33subsequent employment.
34(3) The person subject to the record checks has maintained a
35copy of the previous evaluation and provides the evaluation to
-524-1the subsequent employer or the previous employer provides the
2previous evaluation from the person’s personnel file pursuant
3to the person’s authorization. If a physical copy of the
4previous evaluation is not provided to the subsequent employer,
5the record checks shall be reevaluated.
6(4) Although an exemption under this paragraph “g” may
7be authorized, the subsequent employer may instead request a
8reevaluation of the record checks and may employ the person
9while the reevaluation is being performed.
10h. In an evaluation, the department record check evaluation
11system shall consider the nature and seriousness of the
12transgression in relation to the position sought or held, the
13time elapsed since the commission of the transgression, the
14circumstances under which the transgression was committed,
15the degree of rehabilitation, the likelihood that the person
16will commit the transgression again, and the number of
17transgressions committed by the person involved. In addition
18to record check information, the department record check
19evaluation system may utilize information from the department’s
20 record check evaluation system’s case records in performing the
21evaluation. The department record check evaluation system may
22permit a person who is evaluated to maintain involvement with
23child care, if the person complies with the department’s record
24check evaluation system’s conditions and corrective action plan
25relating to the person’s involvement with child care. The
26department record check evaluation system has final authority
27in determining whether prohibition of the person’s involvement
28with child care is warranted and in developing any conditional
29requirements and corrective action plan under this paragraph.
30i. (1) A person subject to an evaluation shall be
31prohibited from involvement with child care under any of the
32following circumstances:
33(a) The person has a record of founded child abuse or
34dependent adult abuse that was determined to be sexual abuse.
35(b) The person is listed or is required to be listed on
-525-1any state sex offender registry or the national sex offender
2registry.
3(c) The person has committed any of the following
4felony-level offenses:
5(i) Child endangerment or neglect or abandonment of a
6dependent person.
7(ii) Domestic abuse.
8(iii) A crime against a child including but not limited to
9sexual exploitation of a minor.
10(iv) A forcible felony.
11(v) Arson.
12(d) The person has a record of a misdemeanor conviction
13against a child that constitutes one of the following offenses:
14(i) Child abuse.
15(ii) Child endangerment.
16(iii) Sexual assault.
17(iv) Child pornography.
18(2) If, within five years prior to the date of application
19for registration or licensure under this chapter, for
20employment or residence in a child care facility or child care
21home, or for receipt of public funding for providing child
22care, a person subject to an evaluation has been convicted
23of a controlled substance offense or has been found to have
24committed physical abuse, the person shall be prohibited from
25involvement with child care for a period of five years from
26the date of conviction or founded abuse. After the five-year
27prohibition period, the person may submit an application for
28registration or licensure under this chapter, or to receive
29public funding for providing child care, or may request an
30evaluation, and the department record check evaluation system
31 shall perform an evaluation and, based upon the criteria in
32paragraph “h”, shall determine whether prohibition of the
33person’s involvement with child care continues to be warranted.
34j. If the department record check evaluation system
35 determines, through an evaluation of a person’s transgression,
-526-1that the person’s prohibition of involvement with child care is
2warranted, the person shall be prohibited from involvement with
3child care. The department record check evaluation system may
4identify a period of time after which the person may request
5that another record check and evaluation be performed. A
6person who continues involvement with child care in violation
7of this subsection is subject to penalty under section 237A.19
8or injunction under section 237A.20.
9k. If it has been determined that a child receiving child
10care from a child care facility or a child care home is the
11victim of founded child abuse committed by an employee,
12license or registration holder, child care home provider, or
13resident of the child care facility or child care home for
14which a report is placed in the central registry pursuant to
15section 232.71D, the administrator department shall provide
16notification at the time of the determination to the parents,
17guardians, and custodians of children receiving care from the
18child care facility or child care home. A notification made
19under this paragraph shall identify the type of abuse but shall
20not identify the victim or perpetrator or circumstances of the
21founded abuse.
223. On or after July 1, 1994, a A licensee or registrant
23shall inform all new applicants for employment of the
24possibility of the performance of a record check and shall
25obtain, from the applicant, a signed acknowledgment of the
26receipt of the information.
274. On or after July 1, 1994, a A licensee or registrant
28shall include the following inquiry in an application for
29employment:
30Do you have a record of founded child or dependent adult abuse
31or have you ever been convicted of a crime, in this state or any
32other state?
335. A person who serves as an unpaid volunteer in a child
34care facility shall not be required to complete training as a
35mandatory reporter of child abuse under section 232.69 or under
-527-1any other requirement.
2 Sec. 787. Section 237A.6, Code 2023, is amended to read as
3follows:
4237A.6 Consultative services.
5The department shall, and the director of public health
6may provide consultative services to a person applying for
7a license or registration, or licensed or registered by the
8administrator under this chapter.
9 Sec. 788. Section 237A.8, Code 2023, is amended to read as
10follows:
11237A.8 Violations — actions against license or registration.
12The administrator department, after notice and opportunity
13for an evidentiary hearing before the department of inspections
14and appeals, may suspend or revoke a license or certificate of
15registration issued under this chapter or may reduce a license
16to a provisional license if the person to whom a license or
17certificate is issued violates a provision of this chapter or
18if the person makes false reports regarding the operation of
19the child care facility to the administrator or a designee of
20the administrator department. The administrator department
21 shall notify the parent, guardian, or legal custodian of each
22child for whom the person provides child care at the time
23of action to suspend or revoke a license or certificate of
24registration.
25 Sec. 789. Section 237A.12, subsections 3 and 4, Code 2023,
26are amended to read as follows:
273. Rules relating to fire safety for child care centers
28shall be adopted under this chapter by the state fire marshal
29in consultation with the department. Rules adopted by the
30state fire marshal for a building which is owned or leased by a
31school district or accredited nonpublic school and used as a
32child care facility shall not differ from standards adopted by
33the state fire marshal for school buildings under chapter 100.
34Rules relating to sanitation shall be adopted by the department
35in consultation with the director of public health. All rules
-528-1shall be developed in consultation with the state child care
2advisory committee. The state fire marshal shall inspect the
3facilities.
44. If a building is owned or leased by a school district
5or accredited nonpublic school and complies with standards
6adopted by the state fire marshal for school buildings under
7chapter 100, the building is considered appropriate for use by
8a child care facility. The rules adopted by the administrator
9 department under this section shall not require the facility
10to comply with building requirements which differ from
11requirements for use of the building as a school.
12 Sec. 790. Section 237A.14, subsection 4, Code 2023, is
13amended to read as follows:
144. The department of human services shall adopt rules
15pursuant to chapter 17A in accordance with this section.
16 Sec. 791. Section 237A.23, subsection 1, Code 2023, is
17amended to read as follows:
181. The departments department and the department of
19education, public health, and human services shall jointly
20establish a leadership council for child care training and
21development in this state. In addition to representatives of
22the three departments, the leadership council shall include
23but is not limited to representatives of community colleges,
24institutions of higher learning under the state board of
25regents and private institutions of higher education, the
26Iowa cooperative extension service in agriculture and home
27economics, and child care resource and referral service
28agencies.
29 Sec. 792. Section 237A.25, subsection 1, Code 2023, is
30amended to read as follows:
311. The department shall develop consumer information
32material to assist parents in selecting a child care provider.
33In developing the material, the department shall consult with
34department of human services staff, department of education
35staff, the state child care advisory committee, the early
-529-1childhood Iowa state board, and child care resource and
2referral services. In addition, the department may consult
3with other entities at the local, state, and national level.
4 Sec. 793. Section 237A.29, subsection 2, paragraph b,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
7A child care provider that has been found by the department
8of inspections and appeals in an administrative proceeding
9or in a judicial proceeding to have obtained, or has agreed
10to entry of a civil judgment or judgment by confession that
11includes a conclusion of law that the child care provider has
12obtained, by fraudulent means, public funding for provision of
13child care in an amount equal to or in excess of the minimum
14amount for a fraudulent practice in the second degree under
15section 714.10, subsection 1, paragraph “a”, shall be subject
16to sanction in accordance with this subsection. Such child
17care provider shall be subject to a period during which receipt
18of public funding for provision of child care is conditioned
19upon no further violations and to one or more of the following
20sanctions as determined by the department of human services:
21 Sec. 794. Section 237A.30, subsection 1, Code 2023, is
22amended to read as follows:
231. The department shall work with the early childhood Iowa
24office in the department of management program established in
25section 256I.5 and the state child care advisory committee in
26designing and implementing a voluntary quality rating system
27for each provider type of child care facility.
28 Sec. 795. Section 237C.1, Code 2023, is amended to read as
29follows:
30237C.1 Definitions.
31As used in this chapter, unless the context otherwise
32requires:
331. “Administrator” means the administrator of that division
34of the department designated by the director of human services
35to administer this chapter or the administrator’s designee.
-530- 12. 1. “Child” or “children” means an individual or
2individuals under eighteen years of age.
33. 2. “Children’s residential facility” means a private
4facility designed to serve children who have been voluntarily
5placed for reasons other than an exclusively recreational
6activity outside of their home by a parent or legal guardian
7and who are not under the custody or authority of the
8department of human services, juvenile court, or another
9governmental agency, that provides twenty-four-hour care,
10including food, lodging, supervision, education, or other care
11on a full-time basis by a person other than a relative or
12guardian of the child, but does not include an entity providing
13any of the following:
14a. Care furnished by an individual who receives the child of
15a personal friend as an occasional and personal guest in the
16individual’s home, free of charge and not as a business.
17b. Care furnished by an individual with whom a child has
18been placed for lawful adoption, unless that adoption is not
19completed within two years after placement.
20c. Child care furnished by a child care facility as defined
21in section 237A.1.
22d. Care furnished in a hospital licensed under chapter
23135B or care furnished in a health care facility as defined in
24section 135C.1.
25e. Care furnished by a juvenile detention home or juvenile
26shelter care home approved under section 232.142.
27f. Care furnished by a child foster care facility licensed
28under chapter 237.
29g. Care furnished by an institution listed in section 218.1.
30h. Care furnished by a facility licensed under chapter 125.
31i. Care furnished by a psychiatric medical institution for
32children licensed under chapter 135H.
334. 3. “Department” means the department of health and human
34services.
354. “Director” means the director of health and human
-531-1services.
2 Sec. 796. Section 237C.3, subsection 1, Code 2023, is
3amended to read as follows:
41. The department of human services shall consult with the
5department of education, and the department of inspections
6and appeals, the department of public health, the state fire
7marshal, and other agencies as determined by the department
8of human services to establish certification standards for
9children’s residential facilities in accordance with this
10chapter.
11 Sec. 797. Section 237C.4, subsections 2 and 3, Code 2023,
12are amended to read as follows:
132. Before the administrator department issues or reissues a
14certificate of approval to a children’s residential facility
15under section 237C.6, the facility shall comply with standards
16adopted by the state fire marshal under chapter 100.
173. Rules governing sanitation, water, and waste disposal
18standards for children’s residential facilities shall be
19adopted by the department of human services in consultation
20with the director of public health.
21 Sec. 798. Section 237C.4, subsection 7, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23Prior to establishing, proposing, adopting, or modifying a
24standard or rule under section 237C.3, this section, or section
25282.34, the department of human services or the department of
26education, as applicable, shall, at a minimum, do all of the
27following:
28 Sec. 799. Section 237C.5, Code 2023, is amended to read as
29follows:
30237C.5 Certificate of approval — certification required.
31A person shall not operate a children’s residential facility
32without a certificate of approval to operate issued by the
33administrator department under this chapter.
34 Sec. 800. Section 237C.6, subsections 1 and 3, Code 2023,
35are amended to read as follows:
-532- 11. A person shall apply for a certificate to operate a
2children’s residential facility by completing and submitting
3to the administrator department an application in a form
4and format approved by the administrator department. The
5administrator department shall issue or reissue a certificate
6of approval if the administrator department determines that
7the applicant is or upon commencing operation will provide
8children’s residential facility services in compliance with
9this chapter. A certificate of approval is valid for up to one
10year from the date of issuance for the period determined by
11the administrator department in accordance with administrative
12rules providing criteria for making the determination.
133. The administrator department may deny an application
14for issuance or reissuance of a certificate of approval or
15suspend or revoke a certificate of approval if the applicant
16or certificate holder, as applicable, fails to comply with
17this chapter or the rules adopted pursuant to this chapter or
18knowingly makes a false statement concerning a material fact or
19conceals a material fact on the application for the issuance
20or reissuance of a certificate of approval or in a report
21regarding operation of the children’s residential facility
22submitted to the administrator department. All operations of a
23children’s residential facility shall cease during a period of
24suspension or revocation. The administrator department shall
25suspend or revoke a certificate of approval of a children’s
26residential facility that fails to comply with section 282.34.
27 Sec. 801. Section 237C.8, Code 2023, is amended to read as
28follows:
29237C.8 Reports and inspections.
30The administrator department may require submission of
31reports by a certificate of approval holder and shall cause
32at least one annual unannounced inspection of a children’s
33residential facility to assess compliance with applicable
34requirements and standards. The inspections shall be conducted
35by the department of inspections and appeals in addition to
-533-1initial, renewal, and other inspections that result from
2complaints or self-reported incidents. The department of
3inspections and appeals and the department of human services
4 may examine records of a children’s residential facility and
5may inquire into matters concerning the children’s residential
6facility and its employees, volunteers, and subcontractors
7relating to requirements and standards for children’s
8residential facilities under this chapter.
9 Sec. 802. Section 238.1, Code 2023, is amended to read as
10follows:
11238.1 Definitions.
12For the purpose of this chapter unless the context otherwise
13requires:
141. “Administrator” means the administrator of the division
15of child and family services of the department of human
16services.
172. 1. “Child” means the same as defined in section 234.1.
183. 2. “Child-placing agency” or “agency” means any agency,
19whether public, semipublic, or private, which represents that
20the agency places children permanently or temporarily in
21private family homes or receives children for placement in
22private family homes, or which actually engages for gain or
23otherwise in the placement of children in private family homes.
24“Agency” includes individuals, institutions, partnerships,
25voluntary associations, and corporations, other than
26institutions under the management or control of the department.
273. “Council” means the council on health and human services.
284. “Department” means the department of health and human
29services.
305. “Director” means the director of health and human
31services.
324. “Person” or “agency” shall include individuals,
33institutions, partnerships, voluntary associations, and
34corporations, other than institutions under the management or
35control of any division or any administrator of the department
-534-1of human services.
25. “State division” means the same as defined in section
3234.1.
4 Sec. 803. Section 238.3, Code 2023, is amended to read as
5follows:
6238.3 Authority to license.
7The administrator department may grant a license under this
8chapter for the period specified in section 238.9 for the
9conduct operation of any a child-placing agency in this state.
10 Sec. 804. Section 238.4, Code 2023, is amended to read as
11follows:
12238.4 Granting of license conditional.
13No such A license shall not be issued under this chapter
14 unless the person applying shall have shown applicant shows
15 that the person applicant and the person’s applicant’s agents
16are properly equipped by training and experience to find and
17select suitable temporary or permanent homes for children and
18to supervise such the homes when in which the children are
19placed in them, to the end that safeguard the health, morality,
20and general well-being of the children placed by them shall be
21properly safeguarded.
22 Sec. 805. Section 238.5, Code 2023, is amended to read as
23follows:
24238.5 License required.
25No A person shall conduct not operate a child-placing
26agency or solicit or receive funds for its the support of a
27child-placing agency without an unrevoked license issued by the
28administrator department within the preceding twelve months
29preceding to conduct such agency.
30 Sec. 806. Section 238.6, Code 2023, is amended to read as
31follows:
32238.6 Form of license.
33The license shall state the name of the licensee and the
34particular premises in which the business agency may be carried
35on operated.
-535-1 Sec. 807. Section 238.7, Code 2023, is amended to read as
2follows:
3238.7 Posting of license.
4Such A license shall be kept posted in a conspicuous place on
5the licensed premises.
6 Sec. 808. Section 238.8, Code 2023, is amended to read as
7follows:
8238.8 Record of license.
9A record of the licenses so issued by the department under
10this chapter shall be kept maintained by the administrator
11 department.
12 Sec. 809. Section 238.10, Code 2023, is amended to read as
13follows:
14238.10 Revocation of license.
15The administrator department may, after due notice and
16hearing, revoke the license if any of the following applies:
171. In case the person to whom the same is issued The
18licensee violates any provision of this chapter.
192. When in the opinion of the administrator such the
20 agency is maintained in such a way as to waste or misuse funds
21contributed by the public or without due regard to sanitation
22or hygiene or to the health, comfort, or well-being of the
23child cared for or placed by the agency.
243. In case of violation by the The licensee or the
25licensee’s agents of violate any law of the state in a manner
26disclosing moral turpitude or unfitness to maintain such the
27 agency.
284. In case any such The agency is conducted operated by a
29person of ill repute or bad moral character.
305. In case said The agency operates in persistent violation
31of the reasonable regulations of the administrator governing
32such agencies.
33 Sec. 810. Section 238.11, Code 2023, is amended to read as
34follows:
35238.11 Written charges — findings — notice.
-536- 1Written charges against the licensee shall be served upon
2the licensee at least ten days before a hearing shall be had
3thereon on the charges and a written copy of the findings
4and decisions of the administrator upon department following
5the hearing shall be served upon the licensee in the manner
6prescribed for the service of original notice in civil actions.
7 Sec. 811. Section 238.12, Code 2023, is amended to read as
8follows:
9238.12 Appeal — judicial review.
101. Any A licensee feeling aggrieved by any a decision of
11the administrator department revoking the licensee’s license
12may appeal to the council on human services in the manner of
13form prescribed by such the council. The council shall, upon
14receipt of such an appeal, give the licensee reasonable notice
15and opportunity for a fair hearing before such the council
16or its duly authorized representative or representatives.
17Following such the hearing the council on human services shall
18take its final action and notify the licensee in writing.
192. Judicial review of the actions of the council may be
20sought in accordance with the terms of the Iowa administrative
21procedure Act, chapter 17A.
22 Sec. 812. Section 238.16, Code 2023, is amended to read as
23follows:
24238.16 Rules and regulations.
25It shall be the duty of the administrator to provide such
26 The department shall prescribe general regulations and rules
27for the conduct of all such child-placing agencies as shall be
28 necessary to effect the purposes of this chapter and of all
29other applicable laws of the state relating to children so far
30as the same are applicable, and to safeguard the well-being of
31children placed or cared for by such agencies.
32 Sec. 813. Section 238.17, Code 2023, is amended to read as
33follows:
34238.17 Forms for registration and record — preservation and
35maintenance.
-537- 11. The administrator department shall prescribe forms for
2the registration and record of persons children cared for by
3any child-placing agency licensed under this chapter and for
4reports required by said administrator the department from the
5agencies.
62. If, for any reason, a child-placing agency as defined
7by section 238.1 shall cease ceases to exist, all records of
8registration and placement and all other records of any kind
9and character kept maintained by such the child-placing agency
10shall be turned over to the administrator department, for
11preservation, to be kept preserved and maintained by the said
12administrator department as a permanent record.
13 Sec. 814. Section 238.18, Code 2023, is amended to read as
14follows:
15238.18 Duty of licensee.
161. A child-placing agency licensed under this chapter shall
17keep maintain a record and make reports in the form to be
18 prescribed by the administrator department.
192. For a child being placed by the agency, the agency’s
20duties shall include compliance with the requirements of
21section 232.108 relating to visitation or ongoing interaction
22between the child and the child’s siblings.
23 Sec. 815. Section 238.19, Code 2023, is amended to read as
24follows:
25238.19 Inspection generally.
26Authorized employees of the department of inspections and
27appeals may inspect the premises and conditions of the agency
28at any time, and examine every part of the agency;, and may
29 inquire into all matters concerning the agency and the children
30in the care of the agency.
31 Sec. 816. Section 238.22, Code 2023, is amended to read as
32follows:
33238.22 Licensee to aid inspection.
34The licensees A licensee shall give provide all reasonable
35information to such inspectors authorized under this chapter
-538-1 and afford them the inspectors every reasonable facility means
2 for obtaining pertinent information.
3 Sec. 817. Section 238.24, Code 2023, is amended to read as
4follows:
5238.24 Information confidential — exceptions.
61. Except as authorized by this section, a person who
7acquires under this chapter or from the records provided for in
8this chapter, information relative to any agency, or relative
9to any individual cared for by the agency, or relative to any
10 relative of the individual, shall not directly or indirectly
11disclose the information.
122. Disclosure of information acquired under this chapter
13or from the records provided for in this chapter is authorized
14under any of the following circumstances:
15a. Disclosure made upon inquiry before a court of law,
16or before some other tribunal, or for the information of the
17governor, general assembly, medical examiners, administrator,
18Iowa department of public health director, or the local board
19of health in the jurisdiction where the agency is located.
20b. Disclosure may be made by the administrator director to
21proper persons as may be in the interest of a child cared for by
22the agency or in the interest of the child’s parents or foster
23parents and not inimical to the child, or as may be necessary
24to protect the interests of the child’s prospective foster
25parents. However, disclosure of termination and adoption
26records shall be governed by the provisions of sections 600.16
27and 600.16A.
28c. Disclosure for purposes of statistical analysis performed
29by duly authorized persons of data collected under this chapter
30or the publication of the results of such analysis in such
31manner as will not disclose confidential information.
32 Sec. 818. Section 238.31, Code 2023, is amended to read as
33follows:
34238.31 Inspection of foster homes.
35The administrator department shall be satisfied ensure that
-539-1each licensed child-placing agency is maintaining maintains
2 proper standards in its work, and said administrator may at
3any time cause the child and home in which the child has been
4placed to be visited by the administrator’s director’s agents
5for the purpose of ascertaining whether the home is a suitable
6one for the child, and may continue to visit and inspect the
7foster home and the conditions therein in the foster home as
8they affect said the child.
9 Sec. 819. Section 238.32, Code 2023, is amended to read as
10follows:
11238.32 Authority to agencies.
12Any institution incorporated under the laws of this state
13or maintained for the purpose of caring for, placing out for
14adoption, or otherwise improving the condition of unfortunate
15children may, under the conditions An agency as specified
16in this chapter and when licensed in accordance with the
17provisions of this chapter may do any of the following:
181. Receive children in need of assistance, or delinquent
19 children who are under eighteen years of age, under commitment
20from found to have committed a delinquent act by the juvenile
21court, and control and dispose of them provide for the
22disposition of the children subject to the provisions of
23chapter 232 and chapter 600A.
242. Receive, control, and dispose and provide for the
25disposition of all minor children voluntarily surrendered to
26such institutions the agency.
27 Sec. 820. Section 238.42, Code 2023, is amended to read as
28follows:
29238.42 Agreement in child placements.
30Every An agency placing a child in a foster home shall enter
31into a written agreement with the person taking the child,
32which. The agreement shall provide that the agency placing the
33child shall have access at all reasonable times to such the
34 child and to the home in which the child is living, and for the
35return of the child by the person taking may remove the child
-540- 1from the home whenever, in the opinion of the agency placing
2such child, or in the opinion of the administrator department,
3removal is in the best interests of the child shall require it.
4 Sec. 821. Section 238.45, Code 2023, is amended to read as
5follows:
6238.45 Penalty.
7Every A person who violates any of the provisions provision
8 of this chapter or who intentionally shall make makes any false
9statements or reports to the administrator with reference to
10the matters contained herein department relative to a provision
11of this chapter, shall be is guilty of a fraudulent practice.
12 Sec. 822. Section 239A.2, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14The department of workforce development, in consultation
15with the director of health and human services, shall establish
16a procedure for assignment of persons referred under section
17239A.1 to positions available in public works projects. The
18department of workforce development shall arrange with units of
19local government for establishment of such projects, which may
20include any type of work or endeavor that is within the scope
21of authority of the unit of local government involved so long
22as the project meets the following requirements:
23 Sec. 823. Section 239B.1, subsection 4, Code 2023, is
24amended to read as follows:
254. “Department” means the department of health and human
26services.
27 Sec. 824. Section 239B.1, Code 2023, is amended by adding
28the following new subsection:
29 NEW SUBSECTION. 4A. “Director” means the director of health
30and human services.
31 Sec. 825. Section 239B.2, subsection 6, Code 2023, is
32amended to read as follows:
336. Cooperation with child support requirements. The
34department shall provide for prompt notification of the
35department’s child support recovery unit services if assistance
-541-1is provided to a child whose parent is absent from the home.
2An applicant or participant shall cooperate with the child
3support recovery unit services and the department as provided
4in 42 U.S.C. §608(a)(2) unless the applicant or participant
5qualifies for good cause or other exception as determined
6by the department in accordance with the best interest of
7the child, parent, or specified relative, and with standards
8prescribed by rule. The authorized good cause or other
9exceptions shall include participation in a family investment
10agreement safety plan option to address or prevent family or
11domestic violence and other consideration given to the presence
12of family or domestic violence. If a specified relative with
13whom a child is residing fails to comply with these cooperation
14requirements, a sanction shall be imposed as defined by rule in
15accordance with state and federal law.
16 Sec. 826. Section 239B.8, subsection 6, Code 2023, is
17amended to read as follows:
186. Confidential information disclosure. If approved by
19the director of human services or the director’s designee
20pursuant to a written request, the department shall disclose
21confidential information described in section 217.30,
22subsection 2, to other state agencies or to any other entity
23which is not subject to the provisions of chapter 17A and is
24providing services to a participant family who is subject to
25a family investment agreement, if necessary in order for the
26participant family to receive the services. The department
27shall adopt rules establishing standards for disclosure of
28confidential information if disclosure is necessary in order
29for a participant to receive services.
30 Sec. 827. Section 239B.9, subsection 1, paragraph a, Code
312023, is amended to read as follows:
32a. If a participant responsible for signing and fulfilling
33the terms of a family investment agreement, as defined by the
34director of human services in accordance with section 239B.8,
35chooses not to sign or fulfill the terms of the agreement, the
-542-1participant’s family, or the individual participant shall enter
2into a limited benefit plan. Initial actions in a written
3statement under section 239B.2, subsection 4, which were
4committed to by a participant during the application period
5and which commitment remains in effect, shall be considered to
6be a term of the participant’s family investment agreement.
7A limited benefit plan shall apply for the period of time
8specified in this section. The first month of the limited
9benefit plan is the first month after the month in which timely
10and adequate notice of the limited benefit plan is given to the
11participant as defined by the director of human services. The
12elements of a limited benefit plan shall be specified in the
13department’s rules.
14 Sec. 828. Section 239B.9, subsection 3, paragraphs a and c,
15Code 2023, are amended to read as follows:
16a. A participant who does not establish an orientation
17appointment with the JOBS program or who fails to keep or
18reschedule an orientation appointment shall receive a reminder
19letter which informs the participant that those who do not
20attend orientation have elected to choose a limited benefit
21plan. A participant who chooses not to respond to the reminder
22letter within ten calendar days from the mailing date shall
23receive notice establishing the effective date of the limited
24benefit plan. If a participant is deemed to have chosen a
25limited benefit plan, timely and adequate notice provisions, as
26determined by the director of human services, shall apply.
27c. A participant who has signed a family investment
28agreement but then chooses a limited benefit plan under
29circumstances defined by the director of human services.
30 Sec. 829. Section 239B.12, Code 2023, is amended to read as
31follows:
32239B.12 Immunization.
331. To the extent feasible, the department shall determine
34the immunization status of children receiving assistance under
35this chapter. The status shall be determined in accordance
-543-1with the immunization recommendations adopted by the Iowa
2department of public health under section 139A.8, including the
3exemption provisions in section 139A.8, subsection 4. If the
4department determines a child is not in compliance with the
5immunization recommendations, the department shall refer the
6child’s parent or guardian to a local public health agency for
7immunization services for the child and other members of the
8child’s family.
92. The department of human services shall cooperate with the
10Iowa department of public health to establish an interagency
11agreement allowing the sharing of pertinent client data, as
12permitted under federal law and regulation, for the purposes
13of determining determine immunization rates of participants,
14evaluating evaluate family investment program efforts to
15encourage immunizations, and developing develop strategies to
16further encourage immunization of participants.
17 Sec. 830. Section 239B.16, Code 2023, is amended to read as
18follows:
19239B.16 Appeal — judicial review.
20If an applicant’s application is not acted upon within
21a reasonable time, if it is denied in whole or in part, or
22if a participant’s assistance or other benefits under this
23chapter are modified, suspended, or canceled under a provision
24of this chapter, the applicant or participant may appeal to
25the department of human services which shall request the
26department of inspections and appeals to conduct a hearing.
27Upon completion of a hearing, the department of inspections
28and appeals shall issue a decision which is subject to review
29by the department of human services. Judicial review of the
30actions of the department of human services may be sought in
31accordance with chapter 17A. Upon receipt of a notice of
32the filing of a petition for judicial review, the department
33of human services shall furnish the petitioner with a copy
34of any papers filed in support of the petitioner’s position,
35a transcript of any testimony taken, and a copy of the
-544-1department’s decision.
2 Sec. 831. Section 239B.17, subsection 1, Code 2023, is
3amended to read as follows:
41. Program established. The promoting independence and
5self-sufficiency through employment job opportunities and basic
6skills program is established for applicants and participants
7of the family investment program. The requirements of the
8JOBS program shall vary as provided in the family investment
9agreement applicable to a family. The department of workforce
10development, economic development authority, department of
11education, and all other state, county, and public educational
12agencies and institutions providing vocational rehabilitation,
13adult education, or vocational or technical training shall
14assist and cooperate in the JOBS program. The departments,
15agencies, and institutions shall make agreements and
16arrangements for maximum cooperation and use of all available
17resources in the program. The department of human services
18 may contract with the department of workforce development, the
19economic development authority, or another appropriate entity
20to provide JOBS program services.
21 Sec. 832. Section 241.1, Code 2023, is amended to read as
22follows:
23241.1 Definitions.
24As used in this chapter, unless the context otherwise
25requires:
261. “Department” means the department of health and human
27services.
282. “Director” means the director of health and human
29services.
301. 3. “Displaced homemaker” means an individual who meets
31all of the following criteria:
32a. Has worked principally in the home providing unpaid
33household services for family members.
34b. Is not gainfully employed.
35c. Has had, or would apparently have, difficulty finding
-545-1appropriate paid employment.
2d. Has been dependent on the income of another family
3member but is no longer supported by that income, is or has
4been dependent on government assistance, or is supported as the
5parent of a child who is sixteen or seventeen years of age.
62. “Department” means the department of human services.
73. “Director” means the director of the department of human
8services.
9 Sec. 833. Section 241.3, subsection 2, Code 2023, is amended
10to read as follows:
112. The department shall consult and cooperate with the
12department of workforce development, the United States
13commissioner of social security administration, the office on
14the status of women of the department of human rights, the
15department of education, and other persons in the executive
16branch of the state government as the department considers
17appropriate to facilitate the coordination of multipurpose
18service programs established under this chapter with existing
19programs of a similar nature.
20 Sec. 834. Section 249.1, Code 2023, is amended to read as
21follows:
22249.1 Definitions.
23As used in this chapter:
241. “Council” means the council on health and human services.
251. 2. “Department” means the department of health and human
26services.
272. 3. “Director” means the director of health and human
28services.
293. 4. “Federal supplemental security income” means cash
30payments made to individuals by the United States government
31under Tit.XVI of the Social Security Act as amended by Pub.L.
32No.92-603, or any other amendments thereto.
334. 5. “Previous categorical assistance programs” means the
34aid to the blind program authorized by chapter 241, the aid to
35the disabled program authorized by chapter 241A and the old-age
-546-1assistance program authorized by chapter 249, Code 1973.
25. 6. “State supplementary assistance” means cash payments
3made to individuals:
4a. By the United States government on behalf of the state of
5Iowa pursuant to section 249.2.
6b. By the state of Iowa directly pursuant to sections 249.3
7through 249.5.
8 Sec. 835. Section 249.4, subsection 1, Code 2023, is amended
9to read as follows:
101. Applications for state supplementary assistance shall be
11made in the form and manner prescribed by the director or the
12director’s designee, with the approval of the council on human
13services, pursuant to chapter 17A. Each person who so applies
14and is found eligible under section 249.3 shall, so long as the
15person’s eligibility continues, receive state supplementary
16assistance on a monthly basis, from funds appropriated to the
17department for the purpose.
18 Sec. 836. Section 249.5, Code 2023, is amended to read as
19follows:
20249.5 Judicial review.
21If an application is not acted upon within a reasonable
22time, if it is denied in whole or in part, or if an award
23of assistance is modified, suspended, or canceled under a
24provision of this chapter, the applicant or recipient may
25appeal to the department of human services, which shall
26request the department of inspections and appeals to conduct
27a hearing. Upon completion of a hearing, the department of
28inspections and appeals shall issue a decision which is subject
29to review by the department of human services. Judicial
30review of the actions of the department of human services
31 may be sought in accordance with chapter 17A. Upon receipt
32of the petition for judicial review, the department of human
33services shall furnish the petitioner with a copy of any
34papers filed by the petitioner in support of the petitioner’s
35position, a transcript of any testimony taken, and a copy of
-547-1the department’s decision.
2 Sec. 837. Section 249.8, Code 2023, is amended to read as
3follows:
4249.8 Cancellation of warrants.
5The director of the department of administrative services,
6as of January, April, July, and October 1 of each year, shall
7stop payment on and issue duplicates of all state supplementary
8assistance warrants which have been outstanding and unredeemed
9by the treasurer of state for six months or longer. No A bond
10of indemnity shall not be required for the issuance of such
11 the duplicate warrants which shall be canceled immediately by
12the director of the department of administrative services. If
13the original warrants are subsequently presented for payment,
14warrants in lieu thereof of the original warrants shall be
15issued by the director of the department of administrative
16services at the discretion of and upon certification by the
17director of human services or the director’s designee.
18 Sec. 838. Section 249.11, subsection 2, Code 2023, is
19amended to read as follows:
202. The department of inspections and appeals shall conduct
21investigations and audits as deemed necessary to ensure
22compliance with state supplementary assistance programs
23administered under this chapter. The department of inspections
24and appeals shall cooperate with the department of human
25services on the development of procedures relating to such
26investigations and audits to ensure compliance with federal and
27state single state agency requirements.
28 Sec. 839. Section 249.12, subsections 1 and 2, Code 2023,
29are amended to read as follows:
301. In order to assure that the necessary data is available
31to aid the general assembly to determine appropriate funding
32for the custodial care program, the department of human
33services shall develop a cost-related system for financial
34supplementation to individuals who need custodial care and who
35have insufficient resources to purchase the care needed.
-548- 12. All privately operated licensed custodial facilities in
2Iowa shall cooperate with the department of human services to
3develop the cost-related plan.
4 Sec. 840. Section 249A.2, subsections 1 and 2, Code 2023,
5are amended to read as follows:
61. “Department” means the department of health and human
7services.
82. “Director” means the director of health and human
9services.
10 Sec. 841. Section 249A.4, subsection 10, paragraph c,
11subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
12to read as follows:
13A nursing facility that utilizes the supplementation option
14and receives supplementation under this subsection during any
15calendar year shall report to the department of human services
16 annually, by January 15, the following information for the
17preceding calendar year:
18 Sec. 842. Section 249A.4, subsection 11, Code 2023, is
19amended to read as follows:
2011. Shall provide an opportunity for a fair hearing before
21the department of inspections and appeals to an individual
22whose claim for medical assistance under this chapter is
23denied or is not acted upon with reasonable promptness. Upon
24completion of a hearing, the department of inspections and
25appeals shall issue a decision which is subject to review by
26the department of human services. Judicial review of the
27decisions of the department of human services may be sought in
28accordance with chapter 17A. If a petition for judicial review
29is filed, the department of human services shall furnish the
30petitioner with a copy of the application and all supporting
31papers, a transcript of the testimony taken at the hearing, if
32any, and a copy of its decision.
33 Sec. 843. Section 249A.4B, Code 2023, is amended to read as
34follows:
35249A.4B Medical assistance advisory council.
-549- 11. A medical assistance advisory council is created to
2comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of
3the federal Social Security Act and to advise the director
4about health and medical care services under the medical
5assistance program. The council shall meet no more than
6quarterly. The director of director’s designee responsible
7for public health or their designee and a public member of the
8council selected by the public members of the council shall
9serve as co-chairpersons of the council.
102. a. The council shall consist of the following voting
11members:
12(1) Five professional or business entity members selected
13by the entities specified pursuant to subsection 3, paragraph
14“a”.
15(2) Five public members appointed pursuant to subsection 3,
16paragraph “b”. Of the five public members, at least one member
17shall be a recipient of medical assistance.
18b. The council shall include all of the following nonvoting
19members:
20(1) The director of public health, or the director’s
21designee responsible for public health or their designee.
22(2) The director of the department on aging, or the
23director’s designee.
24(3) (2) The long-term care ombudsman, or the long-term care
25ombudsman’s designee.
26(4) (3) The dean of Des Moines university — osteopathic
27medical center, or the dean’s designee.
28(5) (4) The dean of the university of Iowa college of
29medicine, or the dean’s designee.
30(6) (5) A member of the hawk-i Hawki board created in
31section 514I.5, selected by the members of the hawk-i Hawki
32 board.
33(7) (6) The following members of the general assembly, each
34for a term of two years as provided in section 69.16B:
35(a) Two members of the house of representatives, one
-550-1appointed by the speaker of the house of representatives
2and one appointed by the minority leader of the house of
3representatives from their respective parties.
4(b) Two members of the senate, one appointed by the
5president of the senate after consultation with the majority
6leader of the senate and one appointed by the minority leader
7of the senate.
83. The voting membership of the council shall be selected
9or appointed as follows:
10a. The five professional or business entity members shall
11be selected by the entities specified under this paragraph
12“a”. The five professional or business entity members selected
13shall be the president, or the president’s representative,
14of the professional or business entity, or a member of the
15professional or business entity, designated by the entity.
16(1) The Iowa medical society.
17(2) The Iowa osteopathic medical association.
18(3) The Iowa academy of family physicians.
19(4) The Iowa chapter of the American academy of pediatrics.
20(5) The Iowa physical therapy association.
21(6) The Iowa dental association.
22(7) The Iowa nurses association.
23(8) The Iowa pharmacy association.
24(9) The Iowa podiatric medical society.
25(10) The Iowa optometric association.
26(11) The Iowa association of community providers.
27(12) The Iowa psychological association.
28(13) The Iowa psychiatric society.
29(14) The Iowa chapter of the national association of social
30workers.
31(15) The coalition for family and children’s services in
32Iowa.
33(16) The Iowa hospital association.
34(17) The Iowa association of rural health clinics.
35(18) The Iowa primary care association.
-551- 1(19) Free clinics of Iowa.
2(20) The opticians’ association of Iowa, inc.
3(21) The Iowa association of hearing health professionals.
4(22) The Iowa speech and hearing association.
5(23) The Iowa health care association.
6(24) The Iowa association of area agencies on aging.
7(25) AARP.
8(26) The Iowa caregivers association.
9(27) Leading age Iowa.
10(28) The Iowa association for home care.
11(29) The Iowa council of health care centers.
12(30) The Iowa physician assistant society.
13(31) The Iowa association of nurse practitioners.
14(32) The Iowa nurse practitioner society.
15(33) The Iowa occupational therapy association.
16(34) The ARC of Iowa, formerly known as the association for
17retarded citizens of Iowa.
18(35) The national alliance on mental illness.
19(36) The Iowa state association of counties.
20(37) The Iowa developmental disabilities council.
21(38) The Iowa chiropractic society.
22(39) The Iowa academy of nutrition and dietetics.
23(40) The Iowa behavioral health association.
24(41) The midwest association for medical equipment services
25or an affiliated Iowa organization.
26b. The five public members shall be public representatives
27which may include members of consumer groups, including
28recipients of medical assistance or their families, consumer
29organizations, and others, appointed by the governor for
30staggered terms of two years each, none of whom shall be
31members of, or practitioners of, or have a pecuniary interest
32in any of the professional or business entities specifically
33represented under paragraph “a”.
344. Based upon the deliberations of the council, the council
35shall make recommendations to the director regarding the
-552-1budget, policy, and administration of the medical assistance
2program.
35. For each council meeting, other than those held during
4the time the general assembly is in session, each legislative
5member of the council shall be reimbursed for actual travel
6and other necessary expenses and shall receive a per diem as
7specified in section 7E.6 for each day in attendance, as shall
8the members of the council who are recipients or the family
9members of recipients of medical assistance, regardless of
10whether the general assembly is in session.
116. The department shall provide staff support and
12independent technical assistance to the council.
137. The director shall consider the recommendations offered
14by the council in the director’s preparation of medical
15assistance budget recommendations to the council on health and
16 human services pursuant to section 217.3 and in implementation
17of medical assistance program policies.
18 Sec. 844. Section 249A.11, Code 2023, is amended to read as
19follows:
20249A.11 Payment for patient care segregated.
21A state resource center or mental health institute, upon
22receipt of any payment made under this chapter for the care of
23any patient, shall segregate an amount equal to that portion of
24the payment which is required by law to be made from nonfederal
25funds. The money segregated shall be deposited in the medical
26assistance fund of the department of human services.
27 Sec. 845. Section 249A.12, subsection 5, paragraph b, Code
282023, is amended to read as follows:
29b. The department of human services shall seek federal
30approval to amend the home and community-based services waiver
31for persons with an intellectual disability to include day
32habilitation services. Inclusion of day habilitation services
33in the waiver shall take effect upon receipt of federal
34approval.
35 Sec. 846. Section 249A.15A, subsection 4, Code 2023, is
-553-1amended to read as follows:
24. The department shall adopt rules pursuant to chapter 17A
3entitling alcohol and drug counselors who are certified by the
4nongovernmental Iowa board of substance abuse certification to
5payment for behavioral health services provided to recipients
6of medical assistance, subject to limitations and exclusions
7the department finds necessary on the basis of federal laws and
8regulations.
9 Sec. 847. Section 249A.21, subsection 9, Code 2023, is
10amended to read as follows:
119. The department of human services may procure a sole
12source contract to implement the provisions of this section.
13 Sec. 848. Section 249A.24, subsection 2, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15In addition to any other duties prescribed, the commission
16shall make recommendations to the council on health and human
17services regarding strategies to reduce state expenditures
18for prescription drugs under the medical assistance program
19excluding provider reimbursement rates. The commission shall
20make initial recommendations to the council by October 1, 2002.
21 Following approval of any recommendation by the council on
22health and human services, the department shall include the
23approved recommendation in a notice of intended action under
24chapter 17A and shall comply with chapter 17A in adopting
25any rules to implement the recommendation. The department
26shall seek any federal waiver necessary to implement any
27approved recommendation. The strategies to be considered for
28recommendation by the commission shall include at a minimum all
29of the following:
30 Sec. 849. Section 249A.26, subsection 2, paragraph a, Code
312023, is amended to read as follows:
32a. Except as provided for disallowed costs in section
33249A.27, the state shall pay one hundred percent of the
34nonfederal share of the cost of case management provided to
35adults, day treatment, and partial hospitalization provided
-554-1under the medical assistance program for persons with an
2intellectual disability, a developmental disability, or
3chronic mental illness. For purposes of this section, persons
4with mental disorders resulting from Alzheimer’s disease
5or a substance-related substance use disorder shall not be
6considered to be persons with chronic mental illness.
7 Sec. 850. Section 249A.29, Code 2023, is amended to read as
8follows:
9249A.29 Home and community-based services waiver providers
10— records checks.
111. For purposes of this section and section 249A.30 unless
12the context otherwise requires:
13a. “Consumer” means an individual approved by the department
14to receive services under a waiver.
15b. “Provider” means an agency certified by the department to
16provide services under a waiver.
17c. “Waiver” means a home and community-based services waiver
18approved by the federal government and implemented under the
19medical assistance program.
202. If a person is being considered by a provider for
21employment involving direct responsibility for a consumer or
22with access to a consumer when the consumer is alone, and
23if the person has been convicted of a crime or has a record
24of founded child or dependent adult abuse, the record check
25evaluation system of the department shall perform an evaluation
26to determine whether the crime or founded abuse warrants
27prohibition of employment by the provider. The department
28 record check evaluation system shall conduct criminal and child
29and dependent adult abuse records checks of the person in
30this state and may conduct these checks in other states. The
31records checks and evaluations required by this section shall
32be performed in accordance with procedures adopted for this
33purpose by the department.
343. If the department record check evaluation system
35 determines that a person employed by a provider has committed
-555-1a crime or has a record of founded abuse, the department
2 record check evaluation system shall perform an evaluation to
3determine whether prohibition of the person’s employment is
4warranted.
54. In an evaluation, the department record check evaluation
6system shall consider the nature and seriousness of the crime
7or founded abuse in relation to the position sought or held,
8the time elapsed since the commission of the crime or founded
9abuse, the circumstances under which the crime or founded abuse
10was committed, the degree of rehabilitation, the likelihood
11that the person will commit the crime or founded abuse again,
12and the number of crimes or founded abuses committed by the
13person involved. The department record check evaluation
14system may permit a person who is evaluated to be employed
15or to continue to be employed by the provider if the person
16complies with the department’s record check evaluation system’s
17 conditions relating to the employment, which may include
18completion of additional training.
195. If the department record check evaluation system
20 determines that the person has committed a crime or has
21a record of founded abuse which warrants prohibition of
22employment, the person shall not be employed by a provider.
23 Sec. 851. Section 249A.32B, Code 2023, is amended to read
24as follows:
25249A.32B Early and periodic screening, diagnosis, and
26treatment funding.
27The department of human services, in consultation with
28the Iowa department of public health and the department of
29education, shall continue the program to utilize the early and
30periodic screening, diagnosis, and treatment program funding
31under the medical assistance program, to the extent possible,
32to implement the screening component of the early and periodic
33screening, diagnosis, and treatment program through the
34schools. The department may enter into contracts to utilize
35maternal and child health centers, the public health nursing
-556-1program, or school nurses in implementing this section.
2 Sec. 852. Section 249A.33, subsection 1, Code 2023, is
3amended to read as follows:
41. A pharmaceutical settlement account is created in
5the state treasury under the authority of the department of
6human services. Moneys received from settlements relating
7to provision of pharmaceuticals under the medical assistance
8program shall be deposited in the account.
9 Sec. 853. Section 249A.37, subsection 1, paragraph a, Code
102023, is amended to read as follows:
11a. Provide, with respect to individuals who are eligible
12for or are provided medical assistance under the state’s
13medical assistance state plan, upon the request of the state,
14information to determine during what period the individual or
15the individual’s spouse or dependents may be or may have been
16covered by a health insurer and the nature of the coverage that
17is or was provided by the health insurer, including the name,
18address, and identifying number of the plan, in accordance
19with section 505.25, in a manner prescribed by the department
20of human services or as agreed upon by the department and the
21entity specified in this section.
22 Sec. 854. Section 249A.37, subsection 2, Code 2023, is
23amended to read as follows:
242. The department of human services may adopt rules pursuant
25to chapter 17A as necessary to implement this section. Rules
26governing the exchange of information under this section shall
27be consistent with all laws, regulations, and rules relating
28to the confidentiality or privacy of personal information or
29medical records, including but not limited to the federal
30Health Insurance Portability and Accountability Act of 1996,
31Pub.L. No.104-191, and regulations promulgated in accordance
32with that Act and published in 45 C.F.R. pts.160 – 164.
33 Sec. 855. Section 249A.48, Code 2023, is amended to read as
34follows:
35249A.48 Temporary moratoria.
-557- 11. The Iowa Medicaid enterprise program shall impose a
2temporary moratorium on the enrollment of new providers or
3provider types identified by the centers for Medicare and
4Medicaid services of the United States department of health
5and human services as posing an increased risk to the medical
6assistance Medicaid program.
7a. This section shall not be interpreted to require the
8Iowa Medicaid enterprise program to impose a moratorium if the
9Iowa Medicaid enterprise program determines that imposition
10of a temporary moratorium would adversely affect access of
11recipients to medical assistance services.
12b. If the Iowa Medicaid enterprise program makes a
13determination as specified in paragraph “a”, the Iowa Medicaid
14enterprise program shall notify the centers for Medicare and
15Medicaid services of the United States department of health and
16human services in writing.
172. The Iowa Medicaid enterprise program may impose a
18temporary moratorium on the enrollment of new providers, or
19impose numerical caps or other limits that the Iowa Medicaid
20enterprise program and the centers for Medicare and Medicaid
21services identify as having a significant potential for fraud,
22waste, or abuse.
23a. Before implementing the moratorium, caps, or other
24limits, the Iowa Medicaid enterprise program shall determine
25that its action would not adversely impact access by recipients
26to medical assistance Medicaid services.
27b. The Iowa Medicaid enterprise program shall notify, in
28writing, the centers for Medicare and Medicaid services, if the
29Iowa Medicaid enterprise program seeks to impose a moratorium
30under this subsection, including all of the details of the
31moratorium. The Iowa Medicaid enterprise program shall receive
32approval from the centers for Medicare and Medicaid services
33prior to imposing a moratorium under this subsection.
343. a. The Iowa Medicaid enterprise program shall impose any
35moratorium for an initial period of six months.
-558- 1b. If the Iowa Medicaid enterprise program determines that
2it is necessary, the Iowa Medicaid enterprise program may
3extend the moratorium in six-month increments. Each time a
4moratorium is extended, the Iowa Medicaid enterprise program
5 shall document, in writing, the necessity for extending the
6moratorium.
7 Sec. 856. Section 249A.50, subsection 2, Code 2023, is
8amended to read as follows:
92. The department of inspections and appeals shall conduct
10investigations and audits as deemed necessary to ensure
11compliance with the medical assistance program administered
12under this chapter. The department of inspections and appeals
13shall cooperate with the department of human services on the
14development of procedures relating to such investigations and
15audits to ensure compliance with federal and state single state
16agency requirements.
17 Sec. 857. Section 249B.1, subsection 4, Code 2023, is
18amended to read as follows:
194. “Department” means the department of health and human
20services.
21 Sec. 858. Section 249F.1, Code 2023, is amended to read as
22follows:
23249F.1 Definitions.
24As used in this chapter, unless the context otherwise
25requires:
261. “Department” means the department of health and human
27services.
281. 2. “Medical assistance” means “mandatory medical
29assistance”, “optional medical assistance”, “discretionary
30medical assistance”, or “Medicare cost sharing” as each is
31defined in section 249A.2 which is provided to an individual
32pursuant to chapter 249A and Tit.XIX of the federal Social
33Security Act.
342. 3. a. “Transfer of assets” means any transfer or
35assignment of a legal or equitable interest in property, as
-559-1defined in section 702.14, from a transferor to a transferee
2for less than fair consideration, made while the transferor
3is receiving medical assistance or within five years prior to
4application for medical assistance by the transferor. Any
5such transfer or assignment is presumed to be made with the
6intent, on the part of the transferee; transferor; or another
7person acting on behalf of a transferor who is an actual or
8implied agent, guardian, attorney-in-fact, or person acting as
9a fiduciary, of enabling the transferor to obtain or maintain
10eligibility for medical assistance or of impacting the recovery
11or payment of a medical assistance debt. This presumption
12is rebuttable only by clear and convincing evidence that
13the transferor’s eligibility or potential eligibility for
14medical assistance or the impact on the recovery or payment
15of a medical assistance debt was no part of the reason of
16the transferee; transferor; or other person acting on behalf
17of a transferor who is an actual or implied agent, guardian,
18attorney-in-fact, or person acting as a fiduciary for making
19or accepting the transfer or assignment. A transfer of assets
20includes a transfer of an interest in the transferor’s home,
21domicile, or land appertaining to such home or domicile
22while the transferor is receiving medical assistance, unless
23otherwise exempt under paragraph “b”.
24b. However, transfer of assets does not include the
25following:
26(1) Transfers to or for the sole benefit of the
27transferor’s spouse, including a transfer to a spouse by an
28institutionalized spouse pursuant to section 1924(f)(1) of the
29federal Social Security Act.
30(2) Transfers to or for the sole benefit of the transferor’s
31child who is blind or has a disability as defined in section
321614 of the federal Social Security Act.
33(3) Transfer of a dwelling, which serves as the transferor’s
34home as defined in 20 C.F.R. §416.1212, to a child of the
35transferor under twenty-one years of age.
-560- 1(4) Transfer of a dwelling, which serves as the transferor’s
2home as defined in 20 C.F.R. §416.1212, after the transferor is
3institutionalized, to either of the following:
4(a) A sibling of the transferor who has an equity interest
5in the dwelling and who was residing in the dwelling for a
6period of at least one year immediately prior to the date the
7transferor became institutionalized.
8(b) A child of the transferor who was residing in the
9dwelling for a period of at least two years immediately prior
10to the date the transferor became institutionalized and who
11provided care to the transferor which permitted the transferor
12to reside at the dwelling rather than in an institution or
13facility.
14(5) Transfers of less than two thousand dollars. However,
15all transfers by the same transferor during the five-year
16period prior to application for medical assistance by the
17transferor shall be aggregated. If a transferor transfers
18property to more than one transferee during the five-year
19period prior to application for medical assistance by the
20transferor, the two thousand dollar exemption shall be divided
21equally between the transferees.
22(6) Transfers of assets that would, at the time of the
23transferor’s application for medical assistance, have been
24exempt from consideration as a resource if retained by the
25transferor, pursuant to 42 U.S.C. §1382b(a), as implemented
26by regulations adopted by the secretary of the United States
27department of health and human services, excluding the home and
28land appertaining to the home.
29(7) Transfers to a trust established solely for the benefit
30of the transferor’s child who is blind or permanently and
31totally disabled as defined in the federal Social Security Act,
32section 1614, as codified in 42 U.S.C. §1382c.
33(8) Transfers to a trust established solely for the benefit
34of an individual under sixty-five years of age who is disabled,
35as defined in the federal Social Security Act, section 1614, as
-561-1codified in 42 U.S.C. §1382c.
23. 4. “Transferee” means the person who receives a transfer
3of assets.
44. 5. “Transferor” means the person who makes a transfer
5of assets.
6 Sec. 859. Section 249F.2, Code 2023, is amended to read as
7follows:
8249F.2 Creation of debt.
9A transfer of assets creates a debt due and owing to the
10department of human services from the transferee in an amount
11equal to medical assistance provided to or on behalf of the
12transferor, on or after the date of the transfer of assets, but
13not exceeding the fair market value of the assets at the time
14of the transfer.
15 Sec. 860. Section 249F.3, Code 2023, is amended to read as
16follows:
17249F.3 Notice of debt — failure to respond — hearing —
18order.
191. The department of human services may issue a notice
20establishing and demanding payment of an accrued or accruing
21debt due and owing to the department of human services as
22provided in section 249F.2. The notice shall be sent by
23restricted certified mail as defined in section 618.15, to
24the transferee at the transferee’s last known address. If
25service of the notice is unable to be completed by restricted
26certified mail, the notice shall be served upon the transferee
27in accordance with the rules of civil procedure. The notice
28shall include all of the following:
29a. The amount of medical assistance provided to the
30transferor to date which creates the debt.
31b. A computation of the debt due and owing.
32c. A demand for immediate payment of the debt.
33d. (1) A statement that if the transferee desires to
34discuss the notice, the transferee, within ten days after
35being served, may contact the department of human services and
-562-1request an informal conference.
2(2) A statement that if a conference is requested, the
3transferee has until ten days after the date set for the
4conference or until twenty days after the date of service of
5the original notice, whichever is later, to send a request for
6a hearing to the department of human services.
7(3) A statement that after the holding of the conference,
8the department of human services may issue a new notice to
9be sent to the transferee by first-class mail addressed to
10the transferee at the transferee’s last known address, or if
11applicable, to the transferee’s attorney at the last known
12address of the transferee’s attorney.
13(4) A statement that if the department of human services
14 issues a new notice, the transferee has until ten days after
15the date of mailing of the new notice or until twenty days
16after the date of service of the original notice, whichever is
17later, to send a request for a hearing to the department of
18human services.
19e. A statement that if the transferee objects to all or any
20part of the original notice and no conference is requested, the
21transferee has until twenty days after the date of service of
22the original notice to send a written response setting forth
23any objections and requesting a hearing to the department of
24human services.
25f. A statement that if a timely written request for a
26hearing is received by the department of human services, the
27transferee has the right to a hearing to be held in district
28court as provided in section 249F.4; and that if no timely
29written request for hearing is received, the department of
30human services will enter an order in accordance with the
31latest notice.
32g. A statement that as soon as the order is entered, the
33property of the transferee is subject to collection action,
34including but not limited to wage withholding, garnishment,
35attachment of a lien, or execution.
-563- 1h. A statement that the transferee must notify the
2department of human services of any change of address or
3employment.
4i. A statement that if the transferee has any questions
5concerning the transfer of assets, the transferee should
6contact the department of human services or consult an
7attorney.
8j. Other information as the department of human services
9 finds appropriate.
102. If a timely written request for hearing is received by
11the department of human services, a hearing shall be held in
12district court.
133. If a timely written request for hearing is not received
14by the department of human services, the department may enter
15an order in accordance with the latest notice, and the order
16shall specify all of the following:
17a. The amount to be paid with directions as to the manner
18of payment.
19b. The amount of the debt accrued and accruing in favor of
20the department of human services.
21c. Notice that the property of the transferee is subject
22to collection action, including but not limited to wage
23withholding, garnishment, attachment of a lien, and execution.
244. The transferee shall be sent a copy of the order
25by first-class mail addressed to the transferee at the
26transferee’s last known address, or if applicable, to the
27transferee’s attorney at the last known address of the
28transferee’s attorney. The order is final, and action by the
29department of human services to enforce and collect upon the
30order may be taken from the date of the issuance of the order.
31 Sec. 861. Section 249F.4, subsections 1 and 3, Code 2023,
32are amended to read as follows:
331. If a timely written request for a hearing is received,
34the department of human services shall certify the matter to
35the district court in the county where the transferee resides.
-564- 13. The department of human services may also request a
2hearing on its own motion regarding the determination of a
3debt, at any time prior to entry of an administrative order.
4 Sec. 862. Section 249F.5, subsections 1 and 2, Code 2023,
5are amended to read as follows:
61. A true copy of an order entered by the department of
7human services pursuant to this chapter, along with a true
8copy of the return of service, if applicable, may be filed in
9the office of the clerk of the district court in the county
10in which the transferee resides or, if the transferee resides
11in another state, in the office of the district court in the
12county in which the transferor resides.
132. The department of human services order shall be
14presented, ex parte, to the district court for review and
15approval. Unless defects appear on the face of the order or on
16the attachments, the district court shall approve the order.
17The approved order shall have all force, effect, and attributes
18of a docketed order or decree of the district court.
19 Sec. 863. Section 249F.7, Code 2023, is amended to read as
20follows:
21249F.7 Administration.
22As provided in this chapter, the establishment of a debt
23for medical assistance due to transfer of assets shall
24be administered by the department of human services. All
25administrative discretion in the administration of this chapter
26shall be exercised by the department of human services, and any
27state administrative rules implementing or interpreting this
28chapter shall be adopted by the department of human services.
29 Sec. 864. Section 249K.2, Code 2023, is amended to read as
30follows:
31249K.2 Definitions.
32As used in this chapter, unless the context otherwise
33requires:
341. “Complete replacement” means completed construction on
35a new nursing facility to replace an existing licensed and
-565-1certified facility. The replacement facility shall be located
2in the same geographical service area as the facility that is
3replaced and shall have the same number or fewer licensed beds
4than the original facility.
52. “Department” means the department of health and human
6services.
73. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise
8as defined in section 135D.2.
94. 3. “Major renovations” means construction or facility
10improvements to a nursing facility in which the total amount
11expended exceeds seven hundred fifty thousand dollars.
125. 4. “Medical assistance”, or “medical assistance program”,
13or “Medicaid program” means the medical assistance program
14created pursuant to chapter 249A.
156. 5. “New construction” means the construction of a new
16nursing facility which does not replace an existing licensed
17and certified facility and requires the provider to obtain a
18certificate of need pursuant to chapter 135, subchapter VI.
197. 6. “Nondirect care component” means the portion of
20the reimbursement rate under the medical assistance program
21attributable to administrative, environmental, property, and
22support care costs reported on the provider’s financial and
23statistical report.
248. 7. “Nursing facility” means a nursing facility as
25defined in section 135C.1.
269. 8. “Provider” means a current or future owner or
27operator of a nursing facility that provides medical assistance
28program services.
2910. 9. “Rate determination letter” means the letter that
30is distributed quarterly by the Iowa Medicaid enterprise
31 program to each nursing facility, which is based on previously
32submitted financial and statistical reports from each nursing
33facility.
34 Sec. 865. Section 249K.3, subsection 2, paragraphs a and e,
35Code 2023, are amended to read as follows:
-566- 1a. The provider shall submit a written request for instant
2relief to the Iowa Medicaid enterprise program explaining the
3nature, timing, and goals of the project and the time period
4during which the relief is requested. The written request
5shall clearly state if the provider is also requesting the
6nondirect care limit exception. The written request for
7instant relief shall be submitted no earlier than thirty days
8prior to the placement of the provider’s assets in service.
9The written request for relief shall provide adequate details
10to calculate the estimated value of relief including but not
11limited to the total cost of the project, the estimated annual
12depreciation expenses using generally accepted accounting
13principles, the estimated useful life based upon existing
14medical assistance and Medicare provisions, and a copy of the
15most current depreciation schedule. If interest expenses are
16included, a copy of the general terms of the debt service and
17the estimated annual amount of the interest expenses shall be
18submitted with the written request for relief.
19e. During the period in which instant relief is granted, the
20Iowa Medicaid enterprise program shall recalculate the value of
21the instant relief based on allowable costs and patient days
22reported on the annual financial and statistical report. For
23purposes of calculating the per diem relief, total patient
24days shall be the greater of actual annual patient days or
25eighty-five percent of the facility’s licensed capacity. The
26actual value of relief shall be added to the nondirect care
27component for the relevant period, not to exceed one hundred
28ten percent of the nondirect care median for the relevant
29period or not to exceed one hundred twenty percent of the
30nondirect care median for the relevant period if the nondirect
31care limit exception is requested and granted. The provider’s
32quarterly rates for the relevant period shall be retroactively
33adjusted to reflect the revised nondirect care rate. All
34claims with dates of service from the date that instant relief
35is granted to the date that the instant relief is terminated
-567-1shall be repriced to reflect the actual value of the instant
2relief per diem utilizing a mass adjustment.
3 Sec. 866. Section 249K.5, subsections 1 and 3, Code 2023,
4are amended to read as follows:
51. The Iowa Medicaid enterprise program shall administer
6this chapter. The department of human services shall adopt
7rules, pursuant to chapter 17A, to administer this chapter.
83. In addition to any other factors to be considered in
9determining if a provider is eligible to participate under this
10chapter, the Iowa Medicaid enterprise program shall consider
11all of the following:
12a. The history of the provider’s regulatory compliance.
13b. The historical access to nursing facility services for
14medical assistance program beneficiaries.
15c. The provider’s dedication to and participation in quality
16of care, considering all quality programs in which the provider
17has participated.
18d. The provider’s plans to facilitate person-directed care.
19e. The provider’s plans to facilitate dementia units and
20specialty post-acute services.
21 Sec. 867. Section 249L.2, subsection 1, Code 2023, is
22amended to read as follows:
231. “Department” means the department of health and human
24services.
25 Sec. 868. Section 249M.2, subsection 2, Code 2023, is
26amended to read as follows:
272. “Department” means the department of health and human
28services.
29 Sec. 869. Section 249M.4, subsection 5, paragraph b,
30subparagraph (2), Code 2023, is amended to read as follows:
31(2) The projected expenditures for participating hospitals
32for the fiscal year beginning July 1, 2010, as determined by
33the fiscal management division of the department, plus the
34amount calculated under subparagraph (1).
35 Sec. 870. Section 249N.2, subsections 4, 5, and 14, Code
-568-12023, are amended to read as follows:
24. “Department” means the department of health and human
3services.
45. “Director” means the director of health and human
5services.
614. “Medical assistance program”, “Medicaid program”, or
7“Medicaid” means the program paying all or part of the costs of
8care and services provided to an individual pursuant to chapter
9249A and Tit.XIX of the federal Social Security Act.
10 Sec. 871. Section 249N.5, subsection 2, paragraph a, Code
112023, is amended to read as follows:
12a. For members whose household income is at or below one
13hundred percent of the federal poverty level, the plan shall be
14administered by the Iowa Medicaid enterprise program consistent
15with program administration applicable to individuals under
16section 249A.3, subsection 1.
17 Sec. 872. Section 251.1, Code 2023, is amended to read as
18follows:
19251.1 Definitions.
20As used in this chapter:
211. “Administrator” means the administrator of the division
22of adult, children, and family services of the department of
23human services.
242. 1. “Division” or “state division” “Department” means
25the division of adult, children, and family services of the
26 department of health and human services.
272. “Director” means the director of health and human
28services.
29 Sec. 873. Section 251.2, Code 2023, is amended to read as
30follows:
31251.2 Administration of emergency relief.
32The state division department, in addition to all other
33powers and duties given it the department by law, shall be is
34 charged with the supervision and administration of all funds
35coming into the hands of received by the state now or hereafter
-569-1provided for emergency relief.
2 Sec. 874. Section 251.3, Code 2023, is amended to read as
3follows:
4251.3 Powers and duties.
5The administrator director shall have the power to do all of
6the following:
71. Appoint such personnel as may be necessary for the
8efficient discharge of the duties imposed upon on the
9administrator in the administration of emergency relief,
10 director and to make such rules and regulations as the
11administrator deems necessary or advisable covering relating
12to the administrator’s director’s activities and those of the
13service area advisory boards created under section 217.43,
14concerning emergency relief.
152. Join and cooperate with the government of the
16United States, or any of its appropriate agencies or
17instrumentalities, in any proper emergency relief activity.
183. Make such reports of budget estimates to the governor
19and to the general assembly as are required by law, or are
20 as necessary and proper to obtain appropriations of funds
21necessary for emergency relief purposes and for all the
22purposes of this chapter.
234. Determine the need for funds in the various counties of
24the state basing such determination upon the amount of money
25needed in the various counties to provide adequate emergency
26 relief, and upon the counties’ financial inability to provide
27such relief from county funds. The administrator director may
28administer said state funds belonging to the state within the
29various counties of the state to supplement local funds as
30needed.
315. Make such reports, obtain and furnish such information
32from time to time as may be required by the governor, by the
33general assembly, or by any other proper appropriate state or
34federal office or agency, state or federal, and make an annual
35report of its the department’s emergency relief activities.
-570-1 Sec. 875. Section 251.4, Code 2023, is amended to read as
2follows:
3251.4 Grants from state funds to counties.
4The state division department may require as a condition
5of making available state assistance available to counties
6for emergency relief purposes, that the county boards of
7supervisors shall establish budgets as needed in respect to the
8relief situation in the counties.
9 Sec. 876. Section 251.5, Code 2023, is amended to read as
10follows:
11251.5 Duties of the service area advisory board.
12A service area The advisory board created in section 217.43
13shall perform the following activities for any county in
14the board’s service area counties represented on the board
15 concerning emergency relief:
161. Cooperate with a county’s board of supervisors in all
17matters pertaining to administration of relief.
182. At the request of a county’s board of supervisors,
19prepare requests for grants of state funds.
203. At the request of a county’s board of supervisors,
21administer county relief funds.
224. In a county receiving grants of state funds upon approval
23of the director of the department of administrative services
24and the county’s board of supervisors, administer both state
25and county relief funds.
265. Perform other duties as may be prescribed by the
27administrator department and a county’s board of supervisors.
28 Sec. 877. Section 251.6, Code 2023, is amended to read as
29follows:
30251.6 County supervisors to determine emergency relief and
31work projects.
32The county board of supervisors shall supervise
33administration of emergency relief, and shall determine the
34minimum amount of relief required for each person or family,
35which persons are employable, and whether and under what
-571-1conditions persons receiving emergency relief may be employed
2by the county.
3 Sec. 878. Section 251.7, Code 2023, is amended to read as
4follows:
5251.7 County appointees to act as executive officers.
6The county board of supervisors may appoint an individual a
7person to serve as the executive officer of the service area
8 advisory board in all matters pertaining to relief for that
9county.
10 Sec. 879. Section 252.26, Code 2023, is amended to read as
11follows:
12252.26 General assistance director.
13The board of supervisors in each county shall appoint or
14designate a general assistance director for the county, who
15shall have the powers and duties conferred by this chapter.
16In counties of one hundred thousand or less population, the
17county board may designate as general assistance director an
18employee of the state department of health and human services
19who is assigned to work in that county and is directed by the
20director of health and human services, pursuant to an agreement
21with the county board, to exercise the functions and duties
22of general assistance director in that county. The general
23assistance director shall receive as compensation an amount to
24be determined by the county board.
25 Sec. 880. Section 252.33, Code 2023, is amended to read as
26follows:
27252.33 Application for assistance.
28A person may make application for assistance to a member
29of the board of supervisors, or to the general assistance
30director of the county where the person is. If application
31is made to the general assistance director and that officer
32is satisfied that the applicant is in a state of want which
33requires assistance at the public expense, the general
34assistance director may afford temporary assistance, subject to
35the approval of the board of supervisors, as the necessities
-572-1of the person require and shall immediately report the case to
2the board of supervisors, who may continue or deny assistance,
3as they find cause.
4 Sec. 881. Section 252.37, Code 2023, is amended to read as
5follows:
6252.37 Appeal to supervisors.
7If a poor person, on application to the general assistance
8director, is refused the required assistance, the applicant
9may appeal to the board of supervisors, who, upon examination
10into the matter, may order the general assistance director to
11provide assistance, or who may direct specific assistance.
12 Sec. 882. Section 252A.2, subsections 7 and 8, Code 2023,
13are amended to read as follows:
147. “Petitioner” includes each dependent person for whom
15support is sought in a proceeding instituted pursuant to
16this chapter or a mother or putative father of a dependent.
17However, in an action brought by the child support recovery
18unit services, the state is the petitioner.
198. “Petitioner’s representative” includes counsel of a
20dependent person for whom support is sought and counsel for a
21mother or putative father of a dependent. In an action brought
22by the child support recovery unit services, “petitioner’s
23representative” includes a county attorney, state’s attorney
24and any other public officer, by whatever title the officer’s
25public office may be known, charged by law with the duty of
26instituting, maintaining, or prosecuting a proceeding under
27this chapter or under the laws of the state.
28 Sec. 883. Section 252A.3A, subsections 3, 4, 7, 10, 12, and
2913, Code 2023, are amended to read as follows:
303. a. Prior to or at the time of completion of an affidavit
31of paternity, written and oral information about paternity
32establishment, developed by the child support recovery unit
33 services created in section 252B.2, shall be provided to the
34mother and putative father. Video or audio equipment may be
35used to provide oral information.
-573- 1b. The information provided shall include a description
2of parental rights and responsibilities, including the duty
3to provide financial support for the child, the benefits of
4establishing paternity, and the alternatives to and legal
5consequences of signing an affidavit of paternity, including
6the rights available if a parent is a minor.
7c. Copies of the written information shall be made
8available by the child support recovery unit services or the
9Iowa department of public health and human services to those
10entities where an affidavit of paternity may be obtained as
11provided under subsection 4.
124. a. The affidavit of paternity form developed and used by
13the Iowa department of public health and human services is the
14only affidavit of paternity form recognized for the purpose of
15establishing paternity under this section. It shall include
16the minimum requirements specified by the secretary of the
17United States department of health and human services pursuant
18to 42 U.S.C. §652(a)(7). A properly completed affidavit of
19paternity form developed by the Iowa department of public
20 health and human services and existing on or after July 1,
211993, but which is superseded by a later affidavit of paternity
22form developed by the Iowa department of public health and
23human services, shall have the same legal effect as a paternity
24affidavit form used by the Iowa department of public health and
25human services on or after July 1, 1997, regardless of the date
26of the filing and registration of the affidavit of paternity,
27unless otherwise required under federal law.
28b. The form shall be available from the state registrar,
29each county registrar, the child support recovery unit
30 services, and any institution in the state.
31c. The Iowa department of public health and human services
32 shall make copies of the form available to the entities
33identified in paragraph “b” for distribution.
347. The state registrar shall make copies of affidavits
35of paternity and identifying information from the affidavits
-574-1filed and registered pursuant to this section available to the
2 child support recovery unit services created under section
3252B.2 in accordance with section 144.13, subsection 4, and any
4subsequent rescission form which rescinds the affidavit.
510. a. An institution may be reimbursed by the child
6support recovery unit services created in section 252B.2 for
7providing the services described under subsection 9, or may
8provide the services at no cost.
9b. An institution electing reimbursement shall enter into a
10written agreement with the child support recovery unit services
11 for this purpose.
12c. An institution entering into an agreement for
13reimbursement shall assist the parents of a child born out of
14wedlock in completing and filing an affidavit of paternity.
15d. Reimbursement shall be based only on the number of
16affidavits completed in compliance with this section and
17submitted to the state registrar during the duration of
18the written agreement with the child support recovery unit
19 services.
20e. The reimbursement rate is twenty dollars for each
21completed affidavit filed with the state registrar.
2212. a. A completed affidavit of paternity may be rescinded
23by registration by the state registrar of a completed and
24notarized rescission form signed by either the mother or
25putative father who signed the affidavit of paternity that the
26putative father is not the father of the child. The completed
27and notarized rescission form shall be filed with the state
28registrar for the purpose of registration prior to the earlier
29of the following:
30(1) Sixty days after the latest notarized signature of the
31mother or putative father on the affidavit of paternity.
32(2) Entry of a court order pursuant to a proceeding in this
33state to which the signatory is a party relating to the child,
34including a proceeding to establish a support order under this
35chapter, chapter 252C, 252F, 598, or 600B or other law of this
-575-1state.
2b. Unless the state registrar has received and registered an
3order as provided in section 252A.3, subsection 10, paragraph
4“a”, which legally establishes paternity, upon registration
5of a timely rescission form the state registrar shall remove
6the father’s information from the certificate of birth, and
7shall send a written notice of the rescission to the last known
8address of the signatory of the affidavit of paternity who did
9not sign the rescission form.
10c. The Iowa department of public health and human services
11 shall develop a rescission form and an administrative process
12for rescission. The form shall be the only rescission form
13recognized for the purpose of rescinding a completed affidavit
14of paternity. A completed rescission form shall include the
15signature of a notary public attesting to the identity of
16the party signing the rescission form. The Iowa department
17of public health and human services shall adopt rules which
18establish a fee, based upon the average administrative cost, to
19be collected for the registration of a rescission.
20d. If an affidavit of paternity has been rescinded under
21this subsection, the state registrar shall not register any
22subsequent affidavit of paternity signed by the same mother and
23putative father relating to the same child.
2413. The child Child support recovery unit services may
25enter into a written agreement with an entity designated by the
26secretary of the United States department of health and human
27services to offer voluntary paternity establishment services.
28a. The agreement shall comply with federal requirements
29pursuant to 42 U.S.C. §666(a)(5)(C) including those regarding
30notice, materials, training, and evaluations.
31b. The agreement may provide for reimbursement of the entity
32by the state if reimbursement is permitted by federal law.
33 Sec. 884. Section 252A.5, subsections 2 and 3, Code 2023,
34are amended to read as follows:
352. Whenever the state or a political subdivision thereof of
-576-1the state furnishes support to a dependent, it the political
2subdivision of the state has the same right through proceedings
3instituted by the petitioner’s representative to invoke
4the provisions hereof of this section as the dependent to
5whom the support was furnished, for the purpose of securing
6reimbursement of expenditures so made and of obtaining
7continuing support; the petition in such case may be verified
8by any official having knowledge of such expenditures without
9further verification of any person and consent of the dependent
10shall not be required in order to institute proceedings under
11this chapter. The child Child support recovery unit services
12 may bring the action based upon a statement of a witness,
13regardless of age, with knowledge of the circumstances,
14including, but not limited to, statements by the mother of the
15dependent or a relative of the mother or the putative father.
163. If the child support recovery unit services is providing
17services, the unit child support services has the same right
18to invoke the provisions of this section as the dependent for
19which support is owed for the purpose of securing support. The
20petition in such case may be verified by any official having
21knowledge of the request for services by the unit child support
22services, without further verification by any other person,
23and consent of the dependent shall not be required in order
24to institute proceedings under this chapter. The child Child
25 support recovery unit services may bring the action based upon
26the statement of a witness, regardless of age, with knowledge
27of the circumstances, including, but not limited to, statements
28by the mother of the dependent or a relative of the mother or
29the putative father.
30 Sec. 885. Section 252A.13, subsections 1 and 3, Code 2023,
31are amended to read as follows:
321. If public assistance is provided by the department of
33health and human services to or on behalf of a dependent child
34or a dependent child’s caretaker, there is an assignment by
35operation of law to the department of any and all rights in,
-577-1title to, and interest in any support obligation, payment, and
2arrearages owed to or on behalf of the child or caretaker not
3to exceed the amount of public assistance paid for or on behalf
4of the child or caretaker as follows:
5a. For family investment program assistance, section 239B.6
6shall apply.
7b. For foster care services, section 234.39 shall apply.
8c. For medical assistance, section 252E.11 shall apply.
93. The clerk shall furnish the department with copies of
10all orders or decrees awarding and temporary domestic abuse
11orders addressing support when the parties are receiving public
12assistance or services are otherwise provided by the child
13support recovery unit services. Unless otherwise specified
14in the order, an equal and proportionate share of any child
15support awarded is presumed to be payable on behalf of each
16child, subject to the order or judgment, for purposes of an
17assignment under this section.
18 Sec. 886. Section 252A.18, Code 2023, is amended to read as
19follows:
20252A.18 Registration of support order — notice.
21Registration of a support order of another state or foreign
22country shall be in accordance with chapter 252K except that,
23with regard to service, promptly upon registration, the clerk
24of the court shall, by restricted certified mail, or the child
25support recovery unit services shall, as provided in section
26252B.26, send to the respondent notice of the registration with
27a copy of the registered support order or the respondent may
28be personally served with the notice and the copy of the order
29in the same manner as original notices are personally served.
30The clerk shall also docket the case and notify the prosecuting
31attorney of the action. The clerk shall maintain a registry of
32all support orders registered pursuant to this section. The
33filing is in equity.
34 Sec. 887. Section 252B.1, Code 2023, is amended to read as
35follows:
-578- 1252B.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Absent parent” means the parent who either cannot be
5located or who is located and is not residing with the child
6at the time the support collection or paternity determination
7services provided in sections 252B.5 and 252B.6 are requested
8or commenced.
92. “Child” includes but shall not be limited to a stepchild,
10foster child, or legally adopted child and means a child
11actually or apparently under eighteen years of age or a
12dependent person eighteen years of age or over who is unable
13to maintain the person’s self and is likely to become a public
14charge. “Child” includes “child” as defined in section 239B.1.
153. “Child support agency” means child support agency as
16defined in section 252H.2.
174. “Child support services” means child support services
18created in section 252B.2.
194. 5. “Department” means the department of health and human
20services.
215. 6. “Director” means the director of health and human
22services.
236. 7. “Obligor” means the person legally responsible for
24the support of a child as defined in section 252D.16 or 598.1
25under a support order issued in this state or pursuant to the
26laws of another state or foreign country.
277. 8. “Resident parent” means the parent with whom the
28child is residing at the time the support collection or
29paternity determination services provided in sections 252B.5
30and 252B.6 are requested or commenced.
318. “Unit” means the child support recovery unit created in
32section 252B.2.
33 Sec. 888. Section 252B.2, Code 2023, is amended to read as
34follows:
35252B.2 Unit Child support services established —
-579-1intervention.
2There is created within the department of human services
3a child support recovery unit services for the purpose of
4providing the services required in sections 252B.3 through
5252B.6. The unit Child support services is not required to
6intervene in actions to provide such services.
7 Sec. 889. Section 252B.3, Code 2023, is amended to read as
8follows:
9252B.3 Duty of department to enforce child support —
10cooperation — rules.
111. Upon receipt by the department of an application for
12public assistance on behalf of a child and determination by the
13department that the child is eligible for public assistance and
14that provision of child support services is appropriate, the
15department shall take appropriate action under the provisions
16of this chapter or under other appropriate statutes of this
17state including but not limited to chapters 239B, 252A, 252C,
18252D, 252E, 252F, 252G, 252H, 252I, 252J, 598, and 600B, to
19ensure that the parent or other person responsible for the
20support of the child fulfills the support obligation. The
21department shall also take appropriate action as required by
22federal law upon receiving a request from a child support
23agency for a child receiving public assistance in another
24state.
252. The department of human services may negotiate a partial
26payment of a support obligation with a parent or other person
27responsible for the support of the child, provided that the
28negotiation and partial payment are consistent with applicable
29federal law and regulation.
303. The department shall adopt rules pursuant to chapter
3117A regarding cases in which, under federal law, it is a
32condition of eligibility for an individual who is an applicant
33for or recipient of public assistance to cooperate in good
34faith with the department in establishing the paternity of, or
35in establishing, modifying, or enforcing a support order by
-580-1identifying and locating the parent of the child or enforcing
2rights to support payments. The rules shall include all of the
3following provisions:
4a. As required by the unit child support services, the
5individual shall provide the name of the noncustodial parent
6and additional necessary information, and shall appear at
7interviews, hearings, and legal proceedings.
8b. If paternity is an issue, the individual and child shall
9submit to blood or genetic tests pursuant to a judicial or
10administrative order.
11c. The individual may be requested to sign a voluntary
12affidavit of paternity, after notice of the rights and
13consequences of such an acknowledgment, but shall not be
14required to sign an affidavit or otherwise relinquish the right
15to blood or genetic tests.
16d. The unit Child support services shall promptly notify
17the individual and the appropriate division of the department
18administering the department’s public assistance program
19 programs of each determination by the unit child support
20services of noncooperation of the individual and the reason for
21such determination.
22e. A procedure under which the individual may claim that,
23and the department shall determine whether, the individual has
24sufficient good cause or other exception for not cooperating,
25taking into consideration the best interest of the child.
264. Without need for a court order and notwithstanding
27the requirements of section 598.22A, the support payment
28ordered pursuant to any chapter shall be satisfied as to the
29department, the child, and either parent for the period during
30which the parents are reconciled and are cohabiting, the child
31for whom support is ordered is living in the same residence
32as the parents, and the obligor receives public assistance on
33the obligor’s own behalf for the benefit of the child. The
34department shall implement this subsection as follows:
35a. The unit Child support services shall file a notice of
-581-1satisfaction with the clerk of court.
2b. This subsection shall not apply unless all the children
3for whom support is ordered reside with both parents, except
4that a child may be absent from the home due to a foster care
5placement pursuant to chapter 234 or a comparable law of
6another state or foreign country.
7c. The unit Child support services shall send notice
8by regular mail to the obligor when the provisions of this
9subsection no longer apply. A copy of the notice shall be
10filed with the clerk of court.
11d. This section shall not limit the rights of the parents or
12the department to proceed by other means to suspend, terminate,
13modify, reinstate, or establish support.
145. On or after July 1, 1999, the department shall implement
15a program for the satisfaction of accrued support debts, based
16upon timely payment by the obligor of both current support due
17and any payments due for accrued support debt under a periodic
18payment plan. The unit Child support services shall adopt
19rules pursuant to chapter 17A to establish the criteria and
20procedures for obtaining satisfaction under the program. The
21rules adopted under this subsection shall specify the cases and
22amounts to which the program is applicable, and may provide for
23the establishment of the program as a pilot program.
24 Sec. 890. Section 252B.4, Code 2023, is amended to read as
25follows:
26252B.4 Nonassistance cases.
271. The child support and paternity determination services
28established by the department pursuant to this chapter and
29other appropriate services provided by law including but not
30limited to the provisions of chapters 239B, 252A, 252C, 252D,
31252E, 252F, 598, and 600B shall be made available by the
32unit child support services to an individual not otherwise
33eligible as a public assistance recipient upon application by
34the individual for the services or upon referral as described
35in subsection 4. The application shall be filed with the
-582-1department.
22. The director may collect a fee to cover the costs
3incurred by the department for service of process, genetic
4testing and court costs if the entity providing the service
5charges a fee for the services.
63. Fees collected pursuant to this section shall be
7considered repayment receipts, as defined in section 8.2,
8and shall be used for the purposes of the unit child support
9services. The director or a designee shall keep an accurate
10record of the fees collected and expended.
114. The unit Child support services shall also provide child
12support and paternity determination services and shall respond
13as provided in federal law for an individual not otherwise
14eligible as a public assistance recipient if the unit child
15support services receives a request from any of the following:
16a. A child support agency.
17b. A foreign country as defined in chapter 252K.
18 Sec. 891. Section 252B.5, Code 2023, is amended to read as
19follows:
20252B.5 Services of unit Child support services.
21The child Child support recovery unit services shall provide
22the following services:
231. Assistance in the location of an absent parent or any
24other person who has an obligation to support the child of the
25resident parent.
262. Aid in establishing paternity and securing a court or
27administrative order for support pursuant to chapter 252A,
28252C, 252F, or 600B, or any other chapter providing for
29the establishment of paternity or support. In an action to
30establish support, the resident parent may be a proper party
31defendant for purposes of determining medical support as
32provided in section 252E.1A upon service of notice as provided
33in this chapter and without a court order as provided in the
34rules of civil procedure. The unit’s Child support services’
35 independent cause of action shall not bar a party from seeking
-583-1support in a subsequent proceeding.
23. Aid in enforcing through court or administrative
3proceedings an existing court order for support issued pursuant
4to chapter 252A, 252C, 252F, 598, or 600B, or any other
5chapter under which child or medical support is granted. The
6director may enter into a contract with a private collection
7agency to collect support payments for cases which have been
8identified by the department as difficult collection cases
9if the department determines that this form of collection is
10more cost-effective than departmental collection methods. The
11department shall utilize, to the maximum extent possible,
12every available automated process to collect support payments
13prior to referral of a case to a private collection agency.
14A private collection agency with whom the department enters
15a contract under this subsection shall comply with state and
16federal confidentiality requirements and debt collection laws.
17The director may use a portion of the state share of funds
18collected through this means to pay the costs of any contract
19authorized under this subsection.
204. Assistance to set off against a debtor’s income tax
21refund or rebate any support debt, which is assigned to
22the department of human services or which the child support
23recovery unit services is attempting to collect on behalf of
24any individual not eligible as a public assistance recipient,
25which has accrued through written contract, subrogation, or
26court judgment, and which is in the form of a liquidated sum
27due and owing for the care, support, or maintenance of a child.
28Unless the periodic payment plan provisions for a retroactive
29modification pursuant to section 598.21C apply, the entire
30amount of a judgment for accrued support, notwithstanding
31compliance with a periodic payment plan or regardless of the
32date of entry of the judgment, is due and owing as of the date
33of entry of the judgment and is delinquent for the purposes of
34setoff, including for setoff against a debtor’s federal income
35tax refund or other federal nontax payment. The department
-584-1of human services shall adopt rules pursuant to chapter
217A necessary to assist the department of administrative
3services in the implementation of the child support setoff as
4established under section 8A.504.
55. a. In order to maximize the amount of any tax refund
6to which an obligor may be entitled and which may be applied
7to child support and medical support obligations, cooperate
8with any volunteer or free income tax assistance programs in
9the state in informing obligors of the availability of the
10programs.
11b. The child Child support recovery unit services shall
12publicize the services of the volunteer or free income tax
13assistance programs by distributing printed materials regarding
14the programs.
156. Determine periodically whether an individual receiving
16unemployment compensation benefits under chapter 96 owes a
17support obligation which is being enforced by the unit child
18support services, and enforce the support obligation through
19court or administrative proceedings to have specified amounts
20withheld from the individual’s unemployment compensation
21benefits.
227. Assistance in obtaining medical support as defined in
23chapter 252E.
248. a. At the request of either parent who is subject to
25the order of support or upon its own initiation, review the
26amount of the support award in accordance with the guidelines
27established pursuant to section 598.21B, and Tit.IV-D of the
28federal Social Security Act, as amended, and take action to
29initiate modification proceedings if the criteria established
30pursuant to this section are met. However, a review of a
31support award is not required if the child support recovery
32unit services determines that such a review would not be in the
33best interest of the child and neither parent has requested
34such review.
35b. The department shall adopt rules setting forth the
-585-1process for review of requests for modification of support
2obligations and the criteria and process for taking action to
3initiate modification proceedings.
49. a. Assistance, in consultation with the department
5of administrative services, in identifying and taking action
6against self-employed individuals as identified by the
7following conditions:
8(1) The individual owes support pursuant to a court or
9administrative order being enforced by the unit child support
10services and is delinquent in an amount equal to or greater
11than the support obligation amount assessed for one month.
12(2) The individual has filed a state income tax return in
13the preceding twelve months.
14(3) The individual has no reported tax withholding amount on
15the most recent state income tax return.
16(4) The individual has failed to enter into or comply with a
17formalized repayment plan with the unit child support services.
18(5) The individual has failed to make either all current
19support payments in accordance with the court or administrative
20order or to make payments against any delinquency in each of
21the preceding twelve months.
22b. The unit Child support services may forward information
23to the department of administrative services as necessary to
24implement this subsection, including but not limited to both
25of the following:
26(1) The name and social security number of the individual.
27(2) Support obligation information in the specific case,
28including the amount of the delinquency.
2910. The review and adjustment, modification, or alteration
30of a support order pursuant to chapter 252H upon adoption of
31rules pursuant to chapter 17A and periodic notification, at
32a minimum of once every three years, to parents subject to a
33support order of their rights to these services.
3411. The unit Child support services shall not establish
35orders for spousal support. The unit Child support services
-586-1 shall enforce orders for spousal support only if the spouse is
2the custodial parent of a child for whom the unit child support
3services is also enforcing a child support or medical support
4order.
512. a. In compliance with federal procedures, periodically
6certify to the secretary of the United States department of
7health and human services, a list of the names of obligors
8determined by the unit child support services to owe delinquent
9support, under a support order as defined in section 252J.1, in
10excess of two thousand five hundred dollars. The certification
11of the delinquent amount owed may be based upon one or more
12support orders being enforced by the unit child support
13services if the delinquent support owed exceeds two thousand
14five hundred dollars. The certification shall include any
15amounts which are delinquent pursuant to the periodic payment
16plan when a modified order has been retroactively applied.
17The certification shall be in a format and shall include any
18supporting documentation required by the secretary.
19b. All of the following shall apply to an action initiated
20by the unit child support services under this subsection:
21(1) The obligor shall be sent a notice by regular mail in
22accordance with federal law and regulations and the notice
23shall remain in effect until support delinquencies have been
24paid in full.
25(2) The notice shall include all of the following:
26(a) A statement regarding the amount of delinquent support
27owed by the obligor.
28(b) A statement providing information that if the
29delinquency is in excess of two thousand five hundred dollars,
30the United States secretary of state may apply a passport
31sanction by revoking, restricting, limiting, or refusing to
32issue a passport as provided in 42 U.S.C. §652(k).
33(c) Information regarding the procedures for challenging
34the certification by the unit child support services.
35(3) (a) If the obligor chooses to challenge the
-587-1certification, the obligor shall notify the unit child support
2services within the time period specified in the notice to the
3obligor. The obligor shall include any relevant information
4with the challenge.
5(b) A challenge shall be based upon mistake of fact. For
6the purposes of this subsection, “mistake of fact” means a
7mistake in the identity of the obligor or a mistake in the
8amount of the delinquent child support owed if the amount did
9not exceed two thousand five hundred dollars on the date of the
10unit’s child support services’ decision on the challenge.
11(4) Upon timely receipt of the challenge, the unit child
12support services shall review the certification for a mistake
13of fact, or refer the challenge for review to the child support
14agency in the state chosen by the obligor as provided by
15federal law.
16(5) Following the unit’s child support services’ review of
17the certification, the unit child support services shall send
18a written decision to the obligor within ten days of timely
19receipt of the challenge.
20(a) If the unit child support services determines that
21a mistake of fact exists, the unit child support services
22 shall send notification in accordance with federal procedures
23withdrawing the certification for passport sanction.
24(b) If the unit child support services determines that a
25mistake of fact does not exist, the obligor may contest the
26determination within ten days following the issuance of the
27decision by submitting a written request for a contested case
28proceeding pursuant to chapter 17A.
29(6) Following issuance of a final decision under chapter
3017A that no mistake of fact exists, the obligor may request a
31hearing before the district court pursuant to chapter 17A. The
32department shall transmit a copy of its record to the district
33court pursuant to chapter 17A. The scope of the review by the
34district court shall be limited to demonstration of a mistake
35of fact. Issues related to visitation, custody, or other
-588-1provisions not related to the support provisions of a support
2order are not grounds for a hearing under this subsection.
3c. Following certification to the secretary, if the
4unit child support services determines that an obligor no
5longer owes delinquent support in excess of two thousand five
6hundred dollars, the unit child support services shall provide
7information and notice as the secretary requires to withdraw
8the certification for passport sanction.
913. a. Impose an annual fee, which shall be retained from
10support collected on behalf of the obligee, in accordance with
1142 U.S.C.§654(6)(B)(ii). The unit Child support services
12 shall send information regarding the requirements of this
13subsection by regular mail to the last known address of an
14affected obligee, or may include the information for an obligee
15in an application for services signed by the obligee. In
16addition, the unit child support services shall take steps
17necessary regarding the fee to qualify for federal funds in
18conformity with the provisions of Tit.IV-D of the federal
19Social Security Act, including receiving and accounting for
20fee payments, as appropriate, through the collection services
21center created in section 252B.13A.
22b. Fees collected pursuant to this subsection shall be
23considered repayment receipts as defined in section 8.2, and
24shall be used for the purposes of the unit child support
25services. The director shall maintain an accurate record of
26the fees collected and expended under this subsection.
27c. Until such time as a methodology to secure payment of
28the collections fee from the obligor is provided by law, an
29obligee may act pursuant to this paragraph to recover the
30collections fee from the obligor. If the unit child support
31services retains all or a portion of the collections fee
32imposed pursuant to paragraph “a” in a federal fiscal year,
33there is an automatic nonsupport judgment, in an amount equal
34to the amount retained, against the obligor payable to the
35obligee. This paragraph shall serve as constructive notice
-589-1that the fee amount, once retained, is an automatic nonsupport
2judgment against the obligor. The obligee may use any legal
3means, including the lien created by the nonsupport judgment,
4to collect the nonsupport judgment.
5 Sec. 892. Section 252B.6, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7In addition to the services enumerated in section 252B.5,
8the unit child support services may provide the following
9services in the case of a dependent child for whom public
10assistance is being provided:
11 Sec. 893. Section 252B.6, subsection 3, Code 2023, is
12amended to read as follows:
133. Appear on behalf of the state for the purpose of
14facilitating the modification of support awards consistent
15with guidelines established pursuant to section 598.21B,
16and Tit.IV-D of the federal Social Security Act. The unit
17 Child support services shall not otherwise participate in the
18proceeding.
19 Sec. 894. Section 252B.6A, Code 2023, is amended to read as
20follows:
21252B.6A External services.
221. Provided that the action is consistent with applicable
23federal law and regulation, an attorney licensed in this state
24shall receive compensation as provided in this section for
25support collected as the direct result of a judicial proceeding
26maintained by the attorney, if all of the following apply to
27the case:
28a. The unit Child support services is providing services
29under this chapter.
30b. The current support obligation is terminated and only
31arrearages are due under an administrative or court order and
32there has been no payment under the order for at least the
33twelve-month period prior to the provision of notice to the
34unit child support services by the attorney under this section.
35c. Support is assigned to the state based upon cash
-590-1assistance paid under chapter 239B, or its successor.
2d. The attorney has provided written notice to the central
3office of the unit child support services and to the obligee at
4the last known address of the obligee of the intent to initiate
5a specified judicial proceeding, at least thirty days prior to
6initiating the proceeding.
7e. The attorney has provided documentation to the unit child
8support services that the attorney is insured against loss
9caused by the attorney’s legal malpractice or acts or omissions
10of the attorney which result in loss to the state or other
11person.
12f. The collection is received by the collection services
13center within ninety days of provision of the notice to
14the unit child support services. An attorney may provide
15subsequent notices to the unit child support services to extend
16the time for receipt of the collection by subsequent ninety-day
17periods.
182. a. If, prior to February 15, 1998, notice is provided
19pursuant to subsection 1 to initiate a specific judicial
20proceeding, this section shall not apply to the proceeding
21unless the unit child support services consents to the
22proceeding.
23b. (1) If, on or after February 15, 1998, notice is
24provided pursuant to subsection 1 to initiate a specific
25judicial proceeding, this section shall apply to the proceeding
26only if the case is exempt from application of rules adopted
27by the department pursuant to subparagraph (2) which limit
28application of this section.
29(2) The department shall adopt rules which include, but
30are not limited to, exemption from application of this section
31to proceedings based upon, but not limited to, any of the
32following:
33(a) A finding of good cause pursuant to section 252B.3.
34(b) The existence of a support obligation due another state
35based upon public assistance provided by that state.
-591- 1(c) The maintaining of another proceeding by an attorney
2under this section for which the unit child support services
3 has not received notice that the proceeding has concluded or
4the ninety-day period during which a collection may be received
5pertaining to the same case has not yet expired.
6(d) The initiation of a seek employment action under section
7252B.21, and the notice from the attorney indicates that the
8attorney intends to pursue a contempt action.
9(e) Any other basis for exemption of a specified proceeding
10designated by rule which relates to collection and enforcement
11actions provided by the unit child support services.
123. The unit Child support services shall issue a response
13to the attorney providing notice within ten days of receipt of
14the notice. The response shall advise the attorney whether the
15case to which the specified judicial proceeding applies meets
16the requirements of this section.
174. For the purposes of this section, a “judicial proceeding”
18means an action to enforce support filed with a court of
19competent jurisdiction in which the court issues an order which
20identifies the amount of the support collection which is a
21direct result of the court proceeding. “Judicial proceedings”
22include but are not limited to those pursuant to chapters
23598, 626, 633, 642, 654, or 684 and also include contempt
24proceedings if the collection payment is identified in the
25court order as the result of such a proceeding. “Judicial
26proceedings” do not include enforcement actions which the unit
27 child support services is required to implement under federal
28law including, but not limited to, income withholding.
295. All of the following are applicable to a collection
30which is the result of a judicial proceeding which meets the
31requirements of this section:
32a. All payments made as the result of a judicial proceeding
33under this section shall be made to the clerk of the district
34court or to the collection services center and shall not be
35made to the attorney. Payments received by the clerk of the
-592-1district court shall be forwarded to the collection services
2center as provided in section 252B.15.
3b. The attorney shall be entitled to receive an amount
4which is equal to twenty-five percent of the support collected
5as the result of the specified judicial proceeding not to
6exceed the amount of the nonfederal share of assigned support
7collected as the result of that proceeding. The amount paid
8under this paragraph is the full amount of compensation due the
9attorney for a proceeding under this section and is in lieu
10of any attorney fees. The court shall not order the obligor
11to pay additional attorney fees. The amount of compensation
12calculated by the unit child support services is subject, upon
13application of the attorney, to judicial review.
14c. Any support collected shall be disbursed in accordance
15with federal requirements and any support due the obligee
16shall be disbursed to the obligee prior to disbursement to the
17attorney as compensation.
18d. The collection services center shall disburse
19compensation due the attorney only from the nonfederal share of
20assigned collections. The collection services center shall not
21disburse any compensation for court costs.
22e. The unit Child support services may delay disbursement
23to the attorney pending the resolution of any timely appeal by
24the obligor or obligee.
25f. Negotiation of a partial payment or settlement for
26support shall not be made without the approval of the unit
27 child support services and the obligee, as applicable.
286. The attorney initiating a judicial proceeding under this
29section shall notify the unit child support services when the
30judicial proceeding is completed.
317. a. An attorney who initiates a judicial proceeding under
32this section represents the state for the sole and limited
33purpose of collecting support to the extent provided in this
34section.
35b. The attorney is not an employee of the state and has no
-593-1right to any benefit or compensation other than as specified in
2this section.
3c. The state is not liable or subject to suit for any acts
4or omissions resulting in any damages as a consequence of the
5attorney’s acts or omissions under this section.
6d. The attorney shall hold the state harmless from any act
7or omissions of the attorney which may result in any penalties
8or sanctions, including those imposed under federal bankruptcy
9laws, and the state may recover any penalty or sanction imposed
10by offsetting any compensation due the attorney under this
11section for collections received as a result of any judicial
12proceeding initiated under this section.
13e. The attorney initiating a proceeding under this section
14does not represent the obligor.
158. The unit Child support services shall comply with all
16state and federal laws regarding confidentiality. The unit
17 Child support services may release to an attorney who has
18provided notice under this section, information regarding child
19support balances due, to the extent provided under such laws.
209. This section shall not be interpreted to prohibit
21the unit child support services from providing services or
22taking other actions to enforce support as provided under this
23chapter.
24 Sec. 895. Section 252B.7, Code 2023, is amended to read as
25follows:
26252B.7 Legal services.
271. The attorney general may perform the legal services for
28the child support recovery program services and may enforce
29all laws for the recovery of child support from responsible
30relatives. The attorney general may file and prosecute:
31a. Contempt of court proceedings to enforce any order of
32court pertaining to child support.
33b. Cases under chapter 252A, the support of dependents law.
34c. An information charging a violation of section 726.3,
35726.5 or 726.6.
-594- 1d. Any other lawful action which will secure collection of
2support for minor children.
32. For the purposes of subsection 1, the attorney general
4has the same power to commence, file and prosecute any action
5or information in the proper jurisdiction, which the county
6attorney could file or prosecute in that jurisdiction. This
7section does not relieve a county attorney from the county
8attorney’s duties, or the attorney general from the supervisory
9power of the attorney general, in the recovery of child
10support.
113. The unit Child support services may contract with
12a county attorney, the attorney general, a clerk of the
13district court, or another person or agency to collect support
14obligations and to administer the child support program
15established services required pursuant to this chapter.
16Notwithstanding section 13.7, the unit child support services
17 may contract with private attorneys for the prosecution of
18civil collection and recovery cases and may pay reasonable
19compensation and expenses to private attorneys for the
20prosecution services provided.
214. An attorney employed by or under contract with the child
22support recovery unit services represents and acts exclusively
23on behalf of the state when providing child support enforcement
24services. An attorney-client relationship does not exist
25between the attorney and an individual party, witness, or
26person other than the state, regardless of the name in which
27the action is brought.
28 Sec. 896. Section 252B.7A, Code 2023, is amended to read as
29follows:
30252B.7A Determining parent’s income.
311. The unit Child support services shall use any of the
32following in determining the amount of the net monthly income
33of a parent for purposes of establishing or modifying a support
34obligation:
35a. Income as identified in a signed statement of the
-595-1parent pursuant to section 252B.9, subsection 1, paragraph
2“b”. If evidence suggests that the statement is incomplete
3or inaccurate, the unit child support services may present
4the evidence to the court in a judicial proceeding or to the
5administrator director in a proceeding under chapter 252C or
6a comparable chapter, and the court or administrator director
7 shall weigh the evidence in setting the support obligation.
8Evidence includes but is not limited to income as established
9under paragraph “c”.
10b. If a sworn statement is not provided by the parent, the
11unit child support services may determine income as established
12under paragraph “c” or “d”.
13c. Income established by any of the following:
14(1) Income verified by an employer or payor of income.
15(2) Income reported to the department of workforce
16development.
17(3) For a public assistance recipient, income as reported to
18the department case worker assigned to the public assistance
19case.
20(4) Other written documentation which identifies income.
21d. By July 1, 1999, the department shall adopt rules for
22imputing income, whenever possible, based on the earning
23capacity of a parent who does not provide income information
24or for whom income information is not available. Until such
25time as the department adopts rules establishing a different
26standard for determining the income of a parent who does not
27provide income information or for whom income information
28is not available, the estimated state median income for a
29one-person family as published annually in the federal register
30for use by the federal office of community services, office of
31energy assistance, for the subsequent federal fiscal year.
32(1) This provision is effective beginning July 1, 1992,
33based upon the information published in the federal register
34dated March 8, 1991.
35(2) The unit Child support services may revise the estimated
-596-1income each October 1. If the estimate is not available or has
2not been published, the unit child support services may revise
3the estimate when it becomes available.
4e. When the income information obtained pursuant to this
5subsection does not include the information necessary to
6determine the net monthly income of the parent, the unit child
7support services may deduct twenty percent from the parent’s
8gross monthly income to arrive at the net monthly income
9figure.
102. The amount of the income determined may be challenged any
11time prior to the entry of a new or modified order for support.
123. If the child support recovery unit services is providing
13services pursuant to this chapter, the court shall use the
14income figure determined pursuant to this section when applying
15the guidelines to determine the amount of support.
164. The department may develop rules as necessary to further
17implement disclosure of financial information of the parties.
18 Sec. 897. Section 252B.7B, Code 2023, is amended to read as
19follows:
20252B.7B Informational materials provided by the unit child
21support services.
221. The unit Child support services shall prepare and make
23available to the public, informational materials which explain
24the unit’s child support services’ procedures including, but
25not limited to, procedures with regard to all of the following:
26a. Accepting applications for services.
27b. Locating individuals.
28c. Establishing paternity.
29d. Establishing support.
30e. Enforcing support.
31f. Modifying, suspending, or reinstating support.
32g. Terminating services.
332. The informational materials shall include general
34information about and descriptions of the processes involved
35relating to the services provided by the unit child support
-597-1services including application for services, fees for services,
2the responsibilities of the recipient of services, resolution
3of disagreements with the unit child support services, rights
4to challenge the actions of the unit child support services,
5and obtaining additional information.
6 Sec. 898. Section 252B.8, Code 2023, is amended to read as
7follows:
8252B.8 Central information center.
9The department shall establish within the unit child support
10services an information and administration coordinating center
11which shall serve as a registry for the receipt of information
12and for answering interstate inquiries concerning absent
13parents and shall coordinate and supervise unit child support
14services’ activities. The information and administration
15coordinating center shall promote cooperation between the
16unit child support services and law enforcement agencies to
17facilitate the effective operation of the unit child support
18services.
19 Sec. 899. Section 252B.9, Code 2023, is amended to read as
20follows:
21252B.9 Information and assistance from others — availability
22of records.
231. a. The director may request from state, county, and
24local agencies information and assistance deemed necessary to
25carry out the provisions of this chapter. State, county, and
26local agencies, officers, and employees shall cooperate with
27the unit child support services and shall on request supply the
28department with available information relative to the absent
29parent, the custodial parent, and any other necessary party,
30notwithstanding any provisions of law making this information
31confidential. The cooperation and information required by this
32subsection shall also be provided when it is requested by a
33child support agency. Information required by this subsection
34includes, but is not limited to, information relative to
35location, income, property holdings, records of licenses as
-598-1defined in section 252J.1, and records concerning the ownership
2and control of corporations, partnerships, and other business
3entities. If the information is maintained in an automated
4database, the unit child support services shall be provided
5automated access.
6b. Parents of a child on whose behalf support enforcement
7services are provided shall provide information regarding
8income, resources, financial circumstances, and property
9holdings to the department for the purpose of establishment,
10modification, or enforcement of a support obligation. The
11department may provide the information to parents of a child
12as needed to implement the requirements of section 598.21B,
13notwithstanding any provisions of law making this information
14confidential.
15c. Notwithstanding any provisions of law making this
16information confidential, all persons, including for-profit,
17nonprofit, and governmental employers, shall, on request,
18promptly supply the unit child support services or a child
19support agency information on the employment, compensation,
20and benefits of any individual employed by such person as
21an employee or contractor with relation to whom the unit
22 child support services or a child support agency is providing
23services.
24d. Notwithstanding any provisions of law making this
25information confidential, the unit child support services may
26subpoena or a child support agency may use the administrative
27subpoena form promulgated by the secretary of the United
28States department of health and human services under 42 U.S.C.
29§652(a)(11)(C), to obtain any of the following:
30(1) Books, papers, records, or information regarding any
31financial or other information relating to a paternity or
32support proceeding.
33(2) Certain records held by public utilities, cable or
34other television companies, cellular telephone companies, and
35internet service providers with respect to individuals who
-599-1owe or are owed support, or against or with respect to whom
2a support obligation is sought, consisting of the names and
3addresses of such individuals and the names and addresses of
4the employers of such individuals, as appearing in customer
5records, and including the cellular telephone numbers of such
6individuals appearing in the customer records of cellular
7telephone companies. If the records are maintained in
8automated databases, the unit child support services shall be
9provided with automated access.
10e. The unit Child support services or a child support agency
11may subpoena information for one or more individuals.
12f. If the unit child support services or a child support
13agency issues a request under paragraph “c”, or a subpoena under
14paragraph “d”, all of the following shall apply:
15(1) The unit Child support services or a child support
16agency may issue a request or subpoena to a person by sending
17it by regular mail. Proof of service may be completed
18according to rule of civil procedure 1.442.
19(2) A person who is not a parent or putative father in a
20paternity or support proceeding, who is issued a request or
21subpoena, shall be provided an opportunity to refuse to comply
22for good cause by filing a request for a conference with the
23unit child support services or a child support agency in the
24manner and within the time specified in rules adopted pursuant
25to subparagraph (7).
26(3) Good cause shall be limited to mistake in the identity
27of the person, or prohibition under federal law to release such
28information.
29(4) After the conference the unit child support services
30 shall issue a notice finding that the person has good cause
31for refusing to comply, or a notice finding that the person
32does not have good cause for failing to comply. If the person
33refuses to comply after issuance of notice finding lack of good
34cause, or refuses to comply and does not request a conference,
35the person is subject to a penalty of one hundred dollars per
-600-1refusal.
2(5) If the person fails to comply with the request or
3subpoena, fails to request a conference, and fails to pay a
4penalty imposed under subparagraph (4), the unit child support
5services may petition the district court to compel the person
6to comply with this paragraph. If the person objects to
7imposition of the penalty, the person may seek judicial review
8by the district court.
9(6) If a parent or putative father fails to comply with a
10subpoena or request for information, the provisions of chapter
11252J shall apply.
12(7) The unit Child support services may adopt rules pursuant
13to chapter 17A to implement this section.
14g. Notwithstanding any provisions of law making this
15information confidential, the unit child support services
16 or a child support agency shall have access to records and
17information held by financial institutions with respect to
18individuals who owe or are owed support, or with respect to
19whom a support obligation is sought including information on
20assets and liabilities. If the records are maintained in
21automated databases, the unit child support services shall
22be provided with automated access. For the purposes of this
23section, “financial institution” means financial institution as
24defined in section 252I.1.
25h. Notwithstanding any law to the contrary, the unit
26 child support services and a child support agency shall have
27access to any data maintained by the state of Iowa which
28contains information that would aid the agency in locating
29individuals. Such information shall include, but is not
30limited to, driver’s license, motor vehicle, and criminal
31justice information. However, the information does not include
32criminal investigative reports or intelligence files maintained
33by law enforcement. The unit Child support services and a
34 child support agency shall use or disclose the information
35obtained pursuant to this paragraph only in accordance with
-601-1subsection 3. Criminal history records maintained by the
2department of public safety shall be disclosed in accordance
3with chapter 692. The unit Child support services shall also
4have access to the protective order file maintained by the
5department of public safety.
6i. Liability shall not arise under this subsection with
7respect to any disclosure by a person as required by this
8subsection, and no advance notice from the unit child support
9services or a child support agency is required prior to
10requesting information or assistance or issuing a subpoena
11under this subsection.
12j. Notwithstanding any provision of law making this
13information confidential, data provided to the department by an
14insurance carrier under section 505.25 shall also be provided
15to the unit child support services. Provision of data to the
16unit child support services under this paragraph shall not
17require an agreement or modification of an agreement between
18the department and an insurance carrier, but the provisions
19of this section applicable to information received by the
20unit child support services shall apply to the data received
21pursuant to section 505.25 in lieu of any confidentiality,
22privacy, disclosure, use, or other provisions of an agreement
23between the department and an insurance carrier.
242. Notwithstanding other statutory provisions to the
25contrary, including but not limited to chapters 22 and 217, as
26the chapters relate to confidentiality of records maintained by
27the department, the payment records of the collection services
28center maintained under section 252B.13A may be released,
29except when prohibited by federal law or regulation, only as
30follows:
31a. Payment records of the collection services center may
32be released upon request for the administration of a plan or
33program approved for the supplemental nutrition assistance
34program or under Tit.IV, XIX, or XXI of the federal Social
35Security Act, as amended, and as otherwise permitted under Tit.
-602-1IV-D of the federal Social Security Act, as amended. A payment
2record shall not include address or location information.
3b. The department may release details related to payment
4records or provide alternative formats for release of the
5information for the administration of a plan or program under
6Tit.IV-D of the federal Social Security Act, as amended,
7including as follows:
8(1) The unit Child support services or the collection
9services center may provide detail or present the information
10in an alternative format to an individual or to the
11individual’s legal representative if the individual owes or is
12owed a support obligation, to an agency assigned the obligation
13as the result of receipt by a party of public assistance, to an
14agency charged with enforcing child support pursuant to Tit.
15IV-D of the federal Social Security Act, as amended, or to the
16court.
17(2) For support orders entered in Iowa which are being
18enforced by the unit child support services, the unit child
19support services may compile and make available for publication
20a listing of cases in which no payment has been credited to
21an accrued or accruing support obligation during a previous
22three-month period. Each case on the list shall be identified
23only by the name of the support obligor, the address, if known,
24of the support obligor, unless the information pertaining
25to the address of the support obligor is protected through
26confidentiality requirements established by law and has not
27otherwise been verified with the unit child support services,
28the support obligor’s court order docket or case number, the
29county in which the obligor’s support order is filed, the
30collection services center case numbers, and the range within
31which the balance of the support obligor’s delinquency is
32established. The department shall determine dates for the
33release of information, the specific format of the information
34released, and the three-month period used as a basis for
35identifying cases. The department may not release the
-603-1information more than twice annually. In compiling the listing
2of cases, no prior public notice to the obligor is required,
3but the unit child support services may send notice annually
4by mail to the current known address of any individual owing a
5support obligation which is being enforced by the unit child
6support services. The notice shall inform the individual of
7the provisions of this subparagraph. Actions taken pursuant to
8this subparagraph are not subject to review under chapter 17A,
9and the lack of receipt of a notice does not prevent the unit
10 child support services from proceeding in implementing this
11subparagraph.
12(3) The provisions of subparagraph (2) may be applied to
13support obligations entered in another state, at the request
14of a child support agency if the child support agency has
15demonstrated that the provisions of subparagraph (2) are not
16in conflict with the laws of the state where the support
17obligation is entered and the unit child support services is
18enforcing the support obligation.
19(4) Records relating to the administration, collection, and
20enforcement of surcharges pursuant to section 252B.23 which are
21recorded by the unit child support services or a collection
22entity shall be confidential records except that information,
23as necessary for support collection and enforcement, may be
24provided to other governmental agencies, the obligor or the
25resident parent, or a collection entity under contract with
26the unit child support services unless otherwise prohibited
27by the federal law. A collection entity under contract with
28the unit child support services shall use information obtained
29for the sole purpose of fulfilling the duties required under
30the contract, and shall disclose any records obtained by the
31collection entity to the unit child support services for use in
32support establishment and enforcement.
333. Notwithstanding other statutory provisions to the
34contrary, including but not limited to chapters 22 and 217,
35as the chapters relate to the confidentiality of records
-604-1maintained by the department, information recorded by the
2department pursuant to this section or obtained by the unit
3 child support services is confidential and, except when
4prohibited by federal law or regulation, may be used or
5disclosed as provided in subsection 1, paragraphs “b” and “h”,
6and subsection 2, and as follows:
7a. The attorney general may utilize the information
8to secure, modify, or enforce a support obligation of an
9individual.
10b. This subsection shall not permit or require the release
11of information, except to the extent provided in this section.
12c. The unit Child support services may release or disclose
13information as necessary to provide services under section
14252B.5, as provided by chapter 252G, as provided by Tit.IV-D
15of the federal Social Security Act, as amended, or as required
16by federal law.
17d. The unit Child support services may release information
18under section 252B.9A to meet the requirements of Tit.IV-D of
19the federal Social Security Act for parent locator services.
20e. Information may be released if directly connected with
21any of the following:
22(1) The administration of a plan or program approved for
23the supplemental nutrition assistance program or under Tit.IV,
24XIX, or XXI of the federal Social Security Act, as amended.
25(2) Any investigations, prosecutions, or criminal or civil
26proceeding conducted in connection with the administration of
27any such plan or program.
28(3) Reporting to an appropriate agency or official of
29any such plan or program, information on known or suspected
30instances of physical or mental injury, sexual abuse or
31exploitation, or negligent treatment or maltreatment of a child
32who is the subject of a child support enforcement action under
33circumstances which indicate that the child’s health or welfare
34is threatened.
35f. Information may be released to courts having jurisdiction
-605-1in support proceedings. If a court issues an order, which is
2not entered under section 252B.9A, directing the unit child
3support services to disclose confidential information, the unit
4 child support services may file a motion to quash pursuant to
5this chapter, Tit.IV-D of the federal Social Security Act, or
6other applicable law.
7g. The child Child support recovery unit services may
8release information for the administration of a plan or program
9approved for the supplemental nutrition assistance program or
10under Tit.IV, XIX, or XXI of the federal Social Security Act,
11as amended, specified under subsection 2 or this subsection, to
12the extent the release of information does not interfere with
13the unit child support services meeting its own obligations
14under Tit.IV-D of the federal Social Security Act, as amended,
15and subject to requirements prescribed by the federal office
16of child support enforcement of the United States department
17of health and human services.
18h. For purposes of this subsection, “party” means an absent
19parent, obligor, resident parent, or other necessary party.
20i. If the unit child support services receives notification
21under this paragraph, the unit child support services shall
22notify the federal parent locator service as required by
23federal law that there is reasonable evidence of domestic
24violence or child abuse against a party or a child and that the
25disclosure of information could be harmful to the party or the
26child. The notification to the federal parent locator service
27shall be known as notification of a disclosure risk indicator.
28For purposes of this paragraph, the unit child support services
29 shall notify the federal parent locator service of a disclosure
30risk indicator only if at least one of the following applies:
31(1) The unit Child support services receives notification
32that the department, or comparable agency of another state, has
33made a finding of good cause or other exception as provided in
34section 252B.3, or comparable law of another state.
35(2) The unit Child support services receives and, through
-606-1automation, matches notification from the department of public
2safety or the unit child support services receives notification
3from a court of this or another state, that a court has issued
4a protective order or no-contact order against a party with
5respect to another party or child.
6(3) The unit Child support services receives notification
7that a court has dismissed a petition for specified
8confidential information pursuant to section 252B.9A.
9(4) The unit Child support services receives a copy, regular
10on its face, of a notarized affidavit or a pleading, which was
11signed by and made under oath by a party, under chapter 252K,
12the uniform interstate family support Act, or the comparable
13law of another state, alleging the health, safety, or liberty
14of the party or child would be jeopardized by the disclosure
15of specific identifying information unless a tribunal under
16chapter 252K, the uniform interstate family support Act, or
17the comparable law of another state, ordered the identifying
18information of a party or child be disclosed.
19(5) The unit Child support services receives and, through
20automation, matches notification from the division of child and
21family services of the department, or the unit child support
22services receives notification from a comparable agency of
23another state, of a founded allegation of child abuse, or a
24comparable finding under the law of the other state.
25(6) The unit Child support services receives notification
26that an individual has an exemption from cooperation with child
27support enforcement under a family investment program safety
28plan which addresses family or domestic violence.
29(7) The unit Child support services receives notification
30that an individual is a certified program participant as
31provided in chapter 9E.
32(8) The unit Child support services receives notification,
33as the result of a request under section 252B.9A, of the
34existence of any finding, order, affidavit, pleading, safety
35plan, certification, or founded allegation referred to in
-607-1subparagraphs (1) through (7) of this paragraph.
2j. The unit Child support services may provide information
3regarding delinquent obligors as provided in 42 U.S.C.
4§666(a)(7) to a consumer reporting agency if all the following
5apply:
6(1) The agency provides the unit child support services with
7satisfactory evidence that it is a consumer reporting agency
8as defined in 15 U.S.C. §1681a(f) and meets all the following
9requirements:
10(a) Compiles and maintains files on consumers on a
11nationwide basis as provided in 15 U.S.C. §1681a(p).
12(b) Participates jointly with other nationwide consumer
13reporting agencies in providing annual free credit reports to
14consumers upon request through a centralized source as required
15by the federal trade commission in 16 C.F.R. §610.2.
16(2) The agency has entered into an agreement with the
17unit child support services regarding receipt and use of the
18information.
194. Nothing in this chapter, chapter 252A, 252C, 252D,
20252E, 252F, 252G, 252H, 252I, 252J, or 252K, or any other
21comparable chapter or law shall preclude the unit child support
22services from exchanging any information, notice, document, or
23certification with any government or private entity, if the
24exchange is not otherwise prohibited by law, through mutually
25agreed upon electronic data transfer rather than through other
26means.
27 Sec. 900. Section 252B.9A, Code 2023, is amended to read as
28follows:
29252B.9A Disclosure of confidential information — authorized
30person — court.
311. A person, except a court or government agency, who
32is an authorized person to receive specified confidential
33information under 42 U.S.C. §653, may submit a written request
34to the unit child support services for disclosure of specified
35confidential information regarding a nonrequesting party. The
-608-1written request shall comply with federal law and regulations,
2including any attestation and any payment to the federal office
3of child support enforcement of the United States department
4of health and human services required by federal law or
5regulation, and shall include a sworn statement attesting to
6the reason why the requester is an authorized person under
742 U.S.C. §653, including that the requester would use the
8confidential information only for purposes permitted in that
9section.
102. Upon receipt of a request from an authorized person
11which meets all of the requirements under subsection 1, the
12unit child support services shall search available records as
13permitted by law or shall request the information from the
14federal parent locator service as provided in 42 U.S.C. §653.
15a. If the unit child support services locates the specified
16confidential information, the unit child support services shall
17disclose the information to the extent permitted under federal
18law, unless one of the following applies:
19(1) There is a notice from the federal parent locator
20service that there is reasonable evidence of domestic violence
21or child abuse pursuant to 42 U.S.C. §653(b)(2).
22(2) The unit Child support services has notified the federal
23parent locator service of a disclosure risk indicator as
24provided in section 252B.9, subsection 3, paragraph “i”, and has
25not removed that notification.
26(3) The unit Child support services receives notice of a
27basis for a disclosure risk indicator listed in section 252B.9,
28subsection 3, paragraph “i”, within twenty days of sending a
29notice of the request to the subject of the request by regular
30mail.
31b. If the unit child support services locates the specified
32confidential information, but the unit child support services
33 is prohibited from disclosing confidential information under
34paragraph “a”, the unit child support services shall deny the
35request and notify the requester of the denial in writing.
-609-1Upon receipt of a written notice from the unit child support
2services denying the request, the requester may file a petition
3in district court for an order directing the unit child support
4services to release the requested information to the court as
5provided in subsection 3.
63. A person may file a petition in district court for
7disclosure of specified confidential information. The petition
8shall request that the court direct the unit child support
9services to release specified confidential information to
10the court, that the court make a determination of harm if
11appropriate, and that the court release specified confidential
12information to the petitioner.
13a. The petition shall include a sworn statement attesting
14to the intended use of the information by the petitioner as
15allowed by federal law. Such statement may specify any of the
16following intended uses:
17(1) To establish parentage, or to establish, set the amount
18of, modify, or enforce a child support obligation.
19(2) To make or enforce a child custody or visitation
20determination or order.
21(3) To carry out the duty or authority of the petitioner to
22investigate, enforce, or bring a prosecution with respect to
23the unlawful taking or restraint of a child.
24b. Upon the filing of a petition, the court shall enter an
25order directing the unit child support services to release to
26the court within thirty days specified confidential information
27which the unit child support services would be permitted to
28release under 42 U.S.C. §653 and 42 U.S.C. §663, unless one of
29the following applies:
30(1) There is a notice from the federal parent locator
31service that there is reasonable evidence of domestic violence
32or child abuse pursuant to 42 U.S.C. §653(b)(2).
33(2) The unit Child support services has notified the federal
34parent locator service of a disclosure risk indicator as
35provided in section 252B.9, subsection 3, paragraph “i”, and has
-610-1not removed that notification.
2(3) The unit Child support services receives notice of a
3basis for a disclosure risk indicator listed in section 252B.9,
4subsection 3, paragraph “i”, within twenty days of sending
5notice of the order to the subject of the request by regular
6mail. The unit Child support services shall include in the
7notice to the subject of the request a copy of the court order
8issued under this paragraph.
9c. Upon receipt of the order, the unit child support
10services shall comply as follows:
11(1) If the unit child support services has the specified
12confidential information, and none of the domestic violence,
13child abuse, or disclosure risk indicator provisions of
14paragraph “b” applies, the unit child support services shall
15file the confidential information with the court along with
16a statement that the unit child support services has not
17received any notice that the domestic violence, child abuse, or
18disclosure risk indicator provisions of paragraph “b” apply.
19The unit Child support services shall be granted at least
20thirty days to respond to the order. The court may extend
21the time for the unit child support services to comply. Upon
22receipt by the court of the confidential information under
23this subparagraph, the court may order the release of the
24information to the petitioner.
25(2) If the unit child support services has the specified
26confidential information, and the domestic violence, child
27abuse, or disclosure risk indicator provision of paragraph “b”
28applies, the unit child support services shall file with the
29court a statement that the domestic violence, child abuse,
30or disclosure risk indicator provision of paragraph “b”
31applies, along with any information the unit child support
32services has received related to the domestic violence, child
33abuse, or disclosure risk indicator. The unit Child support
34services shall be granted at least thirty days to respond to
35the order. The court may extend the time for the unit child
-611-1support services to comply. Upon receipt by the court of
2information from the unit child support services under this
3subparagraph, the court shall make a finding whether disclosure
4of confidential information to any other person could be
5harmful to the nonrequesting party or child. In making the
6finding, the court shall consider any relevant information
7provided by the parent or child, any information provided by
8the unit child support services or by a child support agency,
9any information provided by the petitioner, and any other
10relevant evidence. The unit Child support services or unit’s
11 a child support services’ attorney does not represent any
12individual person in this proceeding.
13(a) If the court finds that disclosure of confidential
14information to any other person could be harmful to the
15nonrequesting party or child, the court shall dismiss the
16petition for disclosure and notify the unit child support
17services to notify the federal parent locator service of a
18disclosure risk indicator.
19(b) If the court does not find that disclosure of specified
20confidential information to any other person could be harmful
21to the nonrequesting party or child, the court shall notify the
22unit child support services to file the specified confidential
23information with the court. Upon receipt by the court of the
24specified confidential information, the court may release the
25information to the petitioner and inform the unit child support
26services to remove the disclosure risk indicator.
27(3) If the unit child support services does not have the
28specified confidential information and cannot obtain the
29information from the federal parent locator service, the unit
30 child support services shall comply with the order by notifying
31the court of the lack of information.
324. The confidential information which may be released by
33the unit child support services to a party under subsection
342, or by the unit child support services to the court under
35subsection 3, shall be limited by the federal Social Security
-612-1Act and other applicable federal law, and the unit child
2support services may use the sworn statement filed pursuant to
3subsection 1 or 3 in applying federal law. Any information
4filed with the court by the unit child support services, when
5certified over the signature of a designated employee, shall
6be considered to be satisfactorily identified and shall be
7admitted as evidence, without requiring third-party foundation
8testimony. Additional proof of the official character of the
9person certifying the document or the authenticity of the
10person’s signature shall not be required.
115. When making a request for confidential information under
12this section, a party or petitioner shall indicate the specific
13information requested.
146. For purposes of this section, “party” means party as
15defined in section 252B.9, subsection 3.
167. The unit Child support services may adopt rules pursuant
17to chapter 17A to prescribe provisions in addition to or in
18lieu of the provisions of this section to comply with federal
19requirements for parent locator services or the safeguarding
20of information.
21 Sec. 901. Section 252B.11, Code 2023, is amended to read as
22follows:
23252B.11 Recovery of costs of collection services.
24The unit Child support services may initiate necessary civil
25proceedings to recover the unit’s child support services’ costs
26of support collection services provided to an individual,
27whether or not the individual is a public assistance recipient,
28from an individual who owes and is able to pay a support
29obligation but willfully fails to pay the obligation. The unit
30 Child support services may seek a lump sum recovery of the
31unit’s child support services’ costs or may seek to recover the
32unit’s child support services’ costs through periodic payments
33which are in addition to periodic support payments. If the
34unit’s child support services’ costs are recovered from an
35individual owing a support obligation, the costs shall not be
-613-1deducted from the amount of support money received from the
2individual. The costs collected pursuant to this section shall
3be retained by the department for use by the unit child support
4services. The director or a designee shall keep an accurate
5record of funds so retained.
6 Sec. 902. Section 252B.13A, Code 2023, is amended to read
7as follows:
8252B.13A Collection services center.
91. The department shall establish within the unit child
10support services a collection services center for the receipt
11and disbursement of support payments as defined in section
12252D.16 or 598.1 as required for orders by section 252B.14.
13For purposes of this section, support payments do not include
14attorney fees, court costs, or property settlements. The
15center may also receive and disburse surcharges as provided in
16section 252B.23.
172. a. The collection services center shall meet the
18requirements for a state disbursement unit pursuant to 42
19U.S.C. §654b, section 252B.14, and this section by October 1,
201999.
21b. Prior to October 1, 1999, the department and the
22judicial branch shall enter into a cooperative agreement for
23implementation of the state disbursement unit requirement. The
24agreement shall include, but is not limited to, provisions for
25all of the following:
26(1) Coordination with the state case registry created in
27section 252B.24.
28(2) The receipt and disbursement of income withholding
29payments for orders not receiving services from the unit child
30support services pursuant to section 252B.14, subsection 4.
31(3) The transmission of information, orders, and documents,
32and access to information.
33(4) Furnishing, upon request, timely information on the
34current status of support payments as provided in 42 U.S.C.
35§654b(b)(4), in a manner consistent with state law.
-614- 1(5) The notification of payors of income to direct income
2withholding payments to the collection services center as
3provided in section 252B.14, subsection 4.
4 Sec. 903. Section 252B.14, subsections 2 and 5, Code 2023,
5are amended to read as follows:
62. For support orders being enforced by the child support
7recovery unit services, support payments made pursuant to the
8order shall be directed to and disbursed by the collection
9services center or, as appropriate, a comparable government
10entity in another state as provided in chapter 252K.
115. If the collection services center is receiving and
12disbursing payments pursuant to a support order, but the unit
13 child support services is not providing other services under
14Tit.IV-D of the federal Social Security Act, or if the order
15is not being enforced by the unit child support services,
16the parties to that order are not considered to be receiving
17services under this chapter.
18 Sec. 904. Section 252B.15, subsection 1, Code 2023, is
19amended to read as follows:
201. The collection services center shall notify the clerk
21of the district court of any order for which the child support
22recovery unit services is providing enforcement services. The
23clerk of the district court shall forward any support payment
24made pursuant to the order, along with any support payment
25information, to the collection services center. Unless the
26agreement developed pursuant to section 252B.13A otherwise
27provides, the clerk of the district court shall forward any
28support payment made and any support payment information
29provided through income withholding pursuant to chapter 252D,
30to the collection services center. The collection services
31center shall process and disburse the payment in accordance
32with federal requirements.
33 Sec. 905. Section 252B.16, Code 2023, is amended to read as
34follows:
35252B.16 Transfer of support order processing responsibilities
-615-1— ongoing procedures.
21. For a support order being processed by the clerk of
3the district court, upon notification that the unit child
4support services is providing enforcement services related to
5the order, the clerk of the district court shall immediately
6transfer the responsibility for the disbursement of support
7payments received pursuant to the order to the collection
8services center.
92. The department shall adopt rules pursuant to chapter
1017A to ensure that the affected parties are notified that
11the support payment disbursement responsibilities have been
12transferred to the collection services center from the clerk
13of the district court. The rules shall include a provision
14requiring that a notice shall be sent by regular mail to the
15last known addresses of the obligee and the obligor. The
16issuance of notice to the obligor is the equivalent of a court
17order requiring the obligor to direct payment to the collection
18services center for disbursement.
193. Once the responsibility for receiving and disbursing
20support payments has been transferred from a clerk of the
21district court to the collection services center, the
22responsibility shall remain with the collection services
23center even if the child support recovery unit services is no
24longer providing enforcement services, unless redirected by
25court order. However, the responsibility for receiving and
26disbursing income withholding payments shall not be redirected
27to a clerk of the district court.
284. As provided in sections 252K.307 and 252K.319, the unit
29 child support services may issue and file with the clerk of
30the district court, a notice redirecting support payments to
31a comparable government entity responsible for the processing
32and disbursement of support payments in another state. The
33unit Child support services shall send a copy of the notice by
34regular mail to the last known addresses of the obligor and
35obligee and, where applicable, shall notify the payor of income
-616-1to make payments as specified in the notice. The issuance
2and filing of the notice is the equivalent of a court order
3redirecting support.
4 Sec. 906. Section 252B.17A, Code 2023, is amended to read
5as follows:
6252B.17A Imaging or photographic copies — originals
7destroyed.
81. If the unit child support services, in the regular
9course of business or activity, has recorded or received any
10memorandum, writing, entry, print, document, representation,
11or combination thereof, of any act, transaction, occurrence,
12event, or communication from any source, and in the regular
13course of business has caused any or all of the same to
14be recorded, copied, or reproduced by any photographic,
15photostatic, microfilm, microcard, miniature photographic,
16electronic imaging, electronic data processing, or other
17process which accurately reproduces or forms a durable
18medium for accurately and legibly reproducing an unaltered
19image or reproduction of the original, the original may be
20destroyed. Such reproduction, when satisfactorily identified,
21is as admissible in evidence as the original itself in any
22judicial or administrative proceeding whether the original is
23in existence or not and an enlargement or facsimile of such
24reproduction is likewise admissible in evidence if the original
25recording, copy, or reproduction is in existence and available
26for inspection. The introduction of a reproduced record,
27enlargement, or facsimile, does not preclude admission of the
28original.
292. The electronically imaged, copied, or otherwise
30reproduced record or document maintained or received by the
31unit child support services, when certified over the signature
32of a designated employee of the unit child support services,
33shall be considered to be satisfactorily identified. Certified
34documents are deemed to have been imaged or copied or otherwise
35reproduced accurately and unaltered in the regular course of
-617-1business, and such documents are admissible in any judicial or
2administrative proceeding as evidence. Additional proof of
3the official character of the person certifying the record or
4authenticity of the person’s signature shall not be required.
5Whenever the unit child support services or an employee of the
6unit child support services is served with a summons, subpoena,
7subpoena duces tecum, or order directing production of such
8records, the unit child support services or the employee may
9comply by transmitting a copy of the record certified as
10described above to the district court.
11 Sec. 907. Section 252B.20, Code 2023, is amended to read as
12follows:
13252B.20 Suspension of support — request by mutual consent.
141. If the unit child support services is providing child
15support enforcement services pursuant to this chapter, the
16parents of a dependent child for whom support has been ordered
17pursuant to chapter 252A, 252C, 252F, 598, 600B, or any other
18chapter, may jointly request the assistance of the unit child
19support services in suspending the obligation for support if
20all of the following conditions exist:
21a. The parents have reconciled and are cohabiting, and
22the child for whom support is ordered is living in the same
23residence as the parents, or the child is currently residing
24with the parent who is ordered to pay support. If the basis for
25suspension under this paragraph applies to at least one but not
26all of the children for whom support is ordered, the condition
27of this paragraph is met only if the support order includes a
28step change.
29b. The child for whom support is ordered is not receiving
30public assistance pursuant to chapter 239B, 249A, or a
31comparable law of another state or foreign country, unless the
32person against whom support is ordered is considered to be a
33member of the same household as the child for the purposes of
34public assistance eligibility.
35c. The parents have signed a notarized affidavit attesting
-618-1to the conditions under paragraphs “a” and “b”, have consented
2to suspension of the support order or obligation, and have
3submitted the affidavit to the unit child support services.
4d. No prior request for suspension has been filed with
5the unit child support services under this section and no
6prior request for suspension has been served by the unit child
7support services under section 252B.20A during the two-year
8period preceding the request.
9e. Any other criteria established by rule of the department.
102. Upon receipt of the application for suspension and
11properly executed and notarized affidavit, the unit child
12support services shall review the application and affidavit to
13determine that the necessary criteria have been met. The unit
14 Child support services shall then do one of the following:
15a. Deny the request and notify the parents in writing
16that the application is being denied, providing reasons for
17the denial and notifying the parents of the right to proceed
18through private counsel. Denial of the application is not
19subject to contested case proceedings or further review
20pursuant to chapter 17A.
21b. Approve the request and prepare an order which shall be
22submitted, along with the affidavit, to a judge of a district
23court for approval, suspending the accruing support obligation
24and, if requested by the obligee, and if not prohibited by
25chapter 252K, satisfying the obligation of support due the
26obligee. If the basis for suspension applies to at least one
27but not all of the children for whom support is ordered and the
28support order includes a step change, the unit child support
29services shall prepare an order suspending the accruing support
30obligation for each child to whom the basis for suspension
31applies.
323. An order approved by the court for suspension of an
33accruing support obligation is effective upon the date of
34filing of the suspension order. The satisfaction of an
35obligation of support due the obligee shall be final upon the
-619-1filing of the suspension order. A support obligation which is
2satisfied is not subject to the reinstatement provisions of
3this section.
44. An order suspending an accruing support obligation
5entered by the court pursuant to this section shall be
6considered a temporary order for the period of six months from
7the date of filing of the suspension order. However, the
8six-month period shall not include any time during which an
9application for reinstatement is pending before the court.
105. During the six-month period the unit child support
11services may request that the court reinstate the accruing
12support order or obligation if any of the following conditions
13exist:
14a. Upon application to the unit child support services by
15either parent or other person who has physical custody of the
16child.
17b. Upon the receipt of public assistance benefits, pursuant
18to chapter 239B, 249A, or a comparable law of another state
19or foreign country, by the person entitled to receive support
20and the child on whose behalf support is paid, provided that
21the person owing the support is not considered to be a member
22of the same household as the child for the purposes of public
23assistance eligibility.
246. If a condition under subsection 5 exists, the unit
25 child support services may request that the court reinstate an
26accruing support obligation as follows:
27a. If the basis for the suspension no longer applies to any
28of the children for whom an accruing support obligation was
29suspended, the unit child support services shall request that
30the court reinstate the accruing support obligations for all of
31the children.
32b. If the basis for the suspension continues to apply to
33at least one but not all of the children for whom an accruing
34support obligation was suspended and if the support order
35includes a step change, the unit child support services
-620-1 shall request that the court reinstate the accruing support
2obligation for each child for whom the basis for the suspension
3no longer applies.
47. Upon filing of an application for reinstatement, service
5of the application shall be made either in person or by first
6class mail upon both parents. Within ten days following the
7date of service, the parents may file a written objection with
8the clerk of the district court to the entry of an order for
9reinstatement.
10a. If no objection is filed, the court may enter an order
11reinstating the accruing support obligation without additional
12notice.
13b. If an objection is filed, the clerk of court shall set
14the matter for hearing and send notice of the hearing to both
15parents and the unit child support services.
168. The reinstatement is effective as follows:
17a. For reinstatements initiated under subsection 5,
18paragraph “a”, the date the notices were served on both parents
19pursuant to subsection 7.
20b. For reinstatements initiated under subsection 5,
21paragraph “b”, the date the child began receiving public
22assistance benefits during the suspension of the obligation.
23c. Support which became due during the period of suspension
24but prior to the reinstatement is waived and not due and owing
25unless the parties requested and agreed to the suspension under
26false pretenses.
279. If the order suspending a support obligation has been
28on file with the court for a period exceeding six months as
29computed pursuant to subsection 4, the order becomes final by
30operation of law and terminates the support obligation, and
31thereafter, a party seeking to establish a support obligation
32against either party shall bring a new action for support as
33provided by law.
3410. This section shall not limit the rights of the parents
35or the unit child support services to proceed by other means to
-621-1suspend, terminate, modify, reinstate, or establish support.
211. This section does not provide for the suspension or
3retroactive modification of support obligations which accrued
4prior to the entry of an order suspending enforcement and
5collection of support pursuant to this section. However, if in
6the application for suspension, an obligee elects to satisfy an
7obligation of accrued support due the obligee, the suspension
8order may satisfy the obligation of accrued support due the
9obligee.
1012. Nothing in this section shall prohibit or limit the
11unit child support services or a party entitled to receive
12support from enforcing and collecting any unpaid or unsatisfied
13support that accrued prior to the suspension of the accruing
14obligation.
1513. For the purposes of chapter 252H, subchapter II,
16regarding the criteria for a review or for a cost-of-living
17alteration under chapter 252H, subchapter IV, if a support
18obligation is terminated or reinstated under this section,
19such termination or reinstatement shall not be considered a
20modification of the support order.
2114. As used in this section, unless the context otherwise
22requires, “step change” means a change designated in a support
23order specifying the amount of the child support obligation
24as the number of children entitled to support under the order
25changes.
2615. As specified in this section, if the child for whom
27support is ordered is not receiving public assistance pursuant
28to chapter 239B, 249A, or a comparable law of another state
29or foreign country, upon agreement of the parents, the unit
30 child support services may facilitate the suspension of the
31child support order or obligation if the child is residing
32with a caretaker, who is a natural person, and who has not
33requested the unit child support services to provide services
34under this chapter. The parents and the caretaker shall sign
35a notarized affidavit attesting to the conditions under this
-622-1section, consent to the suspension of the support order or
2obligation, and submit the affidavit to the unit child support
3services. Upon the receipt of public assistance benefits
4pursuant to chapter 239B, 249A, or a comparable law of another
5state or foreign country, by the child on whose behalf support
6is ordered, or upon application to the unit child support
7services by either parent or the caretaker, the unit child
8support services may, within the time periods specified in this
9section, request the reinstatement of the accruing support
10order or obligation pursuant to this section.
1116. The department may adopt all necessary and proper rules
12to administer and interpret this section.
13 Sec. 908. Section 252B.20A, Code 2023, is amended to read
14as follows:
15252B.20A Suspension of support — request by one party.
161. If the unit child support services is providing child
17support enforcement services pursuant to this chapter, the
18obligor who is ordered to pay support for the dependent child
19pursuant to chapter 252A, 252C, or 252F, may request the
20assistance of the unit child support services in suspending
21the obligation for support if all of the following conditions
22exist:
23a. The child is currently residing with the obligor and has
24been for more than sixty consecutive days. If the basis for
25suspension under this paragraph applies to at least one but not
26all of the children for whom support is ordered, the condition
27of this paragraph is met only if the support order includes a
28step change.
29b. There is no order in effect regarding legal custody,
30physical care, visitation, or other parenting time for the
31child.
32c. It is reasonably expected that the basis for suspension
33under this section will continue for not less than six months.
34d. The child for whom support is ordered is not receiving
35public assistance pursuant to chapter 239B, 249A, or a
-623-1comparable law of another state or foreign country, unless the
2obligor is considered to be a member of the same household as
3the child for the purposes of public assistance eligibility.
4e. The obligor has signed a notarized affidavit, provided
5by the unit child support services, attesting to the existence
6of the conditions under paragraphs “a” through “d”, has
7requested suspension of the support order or obligation, and
8has submitted the affidavit to the unit child support services.
9f. No prior request for suspension has been served under
10this section, and no prior request for suspension has been
11filed with the unit child support services pursuant to section
12252B.20, during the two-year period preceding the request.
13g. Any other criteria established by rule of the department.
142. Upon receipt of the application for suspension and
15properly executed and notarized affidavit, the unit child
16support services shall review the application and affidavit
17to determine that the criteria have been met. The unit Child
18support services shall then do one of the following:
19a. If the unit child support services determines the
20criteria have not been met, deny the request and notify the
21obligor in writing that the application is being denied,
22providing reasons for the denial and notifying the obligor of
23the right to proceed through private counsel. Denial of the
24application is not subject to contested case proceedings or
25further review pursuant to chapter 17A.
26b. If the unit child support services determines the
27criteria have been met, serve a copy of the notice and
28supporting documents on the obligee by any means provided in
29section 252B.26. The notice to the obligee shall include all
30of the following:
31(1) Information sufficient to identify the parties and the
32support order affected.
33(2) An explanation of the procedure for suspension and
34reinstatement of support under this section.
35(3) An explanation of the rights and responsibilities of the
-624-1obligee, including the applicable procedural time frames.
2(4) A statement that within twenty days of service, the
3obligee must submit a signed and notarized response to the
4unit child support services objecting to at least one of the
5assertions in subsection 1, paragraphs “a” through “d”. The
6statement shall inform the obligee that if, within twenty days
7of service, the obligee fails to submit a response as specified
8in this subparagraph, notwithstanding rules of civil procedure
91.972(2) and 1.972(3), the unit child support services will
10prepare and submit an order as provided in subsection 3,
11paragraph “b”.
123. No sooner than thirty days after service on the obligee
13under subsection 2, paragraph “b”, the unit child support
14services shall do one of the following:
15a. If the obligee submits a signed and notarized objection
16to any assertion in subsection 1, paragraphs “a” through “d”,
17deny the request and notify the parties in writing that the
18application is denied, providing reasons for the denial, and
19notifying the parties of the right to proceed through private
20counsel. Denial of the application is not subject to contested
21case proceedings or further review pursuant to chapter 17A.
22b. If the obligee does not timely submit a signed and
23notarized objection to the unit child support services, prepare
24an order which shall be submitted, along with supporting
25documents, to a judge of a district court for approval,
26suspending the accruing support obligation. If the basis for
27suspension applies to at least one but not all of the children
28for whom support is ordered and the support order includes a
29step change, the unit child support services shall prepare an
30order suspending the accruing support obligation for each child
31to whom the basis for suspension applies.
324. An order approved by the court for suspension of an
33accruing support obligation is effective upon the date of
34filing of the suspension order.
355. An order suspending an accruing support obligation
-625-1entered by the court pursuant to this section shall be
2considered a temporary order for the period of six months from
3the date of filing of the suspension order. However, the
4six-month period shall not include any time during which an
5application for reinstatement is pending before the court.
66. During the six-month period, the unit child support
7services may request that the court reinstate the accruing
8support order or obligation if any of the following conditions
9exist:
10a. Upon application to the unit child support services by
11either party or other person who has physical custody of the
12child.
13b. Upon the receipt of public assistance benefits pursuant
14to chapter 239B, 249A, or a comparable law of another state
15or foreign country, by the person entitled to receive support
16and the child on whose behalf support is paid, provided that
17the person owing the support is not considered to be a member
18of the same household as the child for the purposes of public
19assistance eligibility.
207. If a condition under subsection 6 exists, the unit
21 child support services may request that the court reinstate an
22accruing support obligation as follows:
23a. If the basis for the suspension no longer applies to any
24of the children for whom an accruing support obligation was
25suspended, the unit child support services shall request that
26the court reinstate the accruing support obligations for all of
27the children.
28b. If the basis for the suspension continues to apply to
29at least one but not all of the children for whom an accruing
30support obligation was suspended and if the support order
31includes a step change, the unit child support services
32 shall request that the court reinstate the accruing support
33obligation for each child for whom the basis for the suspension
34no longer applies.
358. Upon filing of an application for reinstatement, service
-626-1of the application shall be made either in person or by first
2class mail upon the parties. Within ten days following the
3date of service, a party may file a written objection with
4the clerk of the district court to the entry of an order for
5reinstatement.
6a. If no objection is filed, the court may enter an order
7reinstating the accruing support obligation without additional
8notice.
9b. If an objection is filed, the clerk of court shall set
10the matter for hearing and send notice of the hearing to the
11parties and the unit child support services.
129. a. The reinstatement is effective as follows:
13(1) For reinstatements initiated under subsection 6,
14paragraph “a”, the date the notices were served on the parties
15pursuant to subsection 8.
16(2) For reinstatements initiated under subsection 6,
17paragraph “b”, the date the child began receiving public
18assistance benefits during the suspension of the obligation.
19b. Support which became due during the period of suspension
20but prior to the reinstatement is waived and not due and owing
21unless the suspension was made under false pretenses.
2210. If the order suspending a support obligation has been
23on file with the court for a period exceeding six months as
24computed pursuant to subsection 5, the order becomes final by
25operation of law and terminates the support obligation, and
26thereafter, a party seeking to establish a support obligation
27against either party shall bring a new action for support as
28provided by law.
2911. Legal representation of the unit child support services
30 shall be provided pursuant to section 252B.7, subsection 4.
3112. This section shall not limit the rights of a party or
32the unit child support services to proceed by other means to
33suspend, terminate, modify, reinstate, or establish support.
3413. This section does not provide for the suspension or
35retroactive modification of support obligations which accrued
-627-1prior to the entry of an order suspending enforcement and
2collection of support pursuant to this section.
314. Nothing in this section shall prohibit or limit the
4unit child support services or a party entitled to receive
5support from enforcing and collecting any unpaid or unsatisfied
6support that accrued prior to the suspension of the accruing
7obligation.
815. For the purposes of chapter 252H regarding the criteria
9for a review under subchapter II of that chapter or for a
10cost-of-living alteration under subchapter IV of that chapter,
11if a support obligation is terminated or reinstated under
12this section, such termination or reinstatement shall not be
13considered a modification of the support order.
1416. As used in this section, unless the context otherwise
15requires, “step change” means a change designated in a support
16order specifying the amount of the child support obligation
17as the number of children entitled to support under the order
18changes.
1917. As specified in this section, if the child for whom
20support is ordered is not receiving public assistance pursuant
21to chapter 239B, 249A, or a comparable law of another state
22or foreign country, upon request by the obligor, the unit
23 child support services may facilitate the suspension of the
24child support order or obligation if the child is residing
25with a caretaker, who is a natural person, and who has not
26requested the unit child support services to provide services
27under this chapter. The obligor and the caretaker shall sign
28a notarized affidavit attesting to the conditions under this
29section, consent to the suspension of the support order or
30obligation, and submit the affidavit to the unit child support
31services. Upon the receipt of public assistance benefits
32pursuant to chapter 239B, 249A, or a comparable law of another
33state or foreign country, by the child on whose behalf support
34is ordered, or upon application to the unit child support
35services by either party or the caretaker, the unit child
-628-1support services may, within the time periods specified in this
2section, request the reinstatement of the accruing support
3order or obligation pursuant to this section.
418. The department may adopt all necessary and proper rules
5to administer and interpret this section.
6 Sec. 909. Section 252B.21, Code 2023, is amended to read as
7follows:
8252B.21 Administrative seek employment orders.
91. For any support order being enforced by the unit child
10support services, the unit child support services may enter
11an ex parte order requiring the obligor to seek employment
12if employment of the obligor cannot be verified and if the
13obligor has failed to make support payments. Advance notice is
14not required prior to entering the ex parte order. The order
15shall be served upon the obligor by regular mail, with proof of
16service completed as provided in rule of civil procedure 1.442.
17The unit Child support services shall file a copy of the order
18with the clerk of the district court.
192. The order to seek employment shall contain directives,
20including all of the following:
21a. That the obligor seek employment within a determinate
22amount of time.
23b. That the obligor file with the unit child support
24services on a weekly basis a report of at least five new
25attempts to find employment or of having found employment. The
26report shall include the names, addresses, and the telephone
27numbers of any employers or businesses with whom the obligor
28attempted to seek employment and the name of the individual
29contact to whom the obligor made application for employment or
30to whom an inquiry was directed.
31c. That failure to comply with the notice is evidence of a
32willful failure to pay support under section 598.23A.
33d. That the obligor shall provide the child support recovery
34unit services with verification of any reason for noncompliance
35with the order.
-629- 1e. The duration of the order, not to exceed three months.
23. The department may establish additional criteria or
3requirements relating to seek employment orders by rule as
4necessary to implement this section.
5 Sec. 910. Section 252B.22, subsection 1, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7The child Child support recovery unit services created in
8this chapter shall establish a task force to assist in the
9development and implementation of all of the following:
10 Sec. 911. Section 252B.23, Code 2023, is amended to read as
11follows:
12252B.23 Surcharge.
131. A surcharge shall be due and payable by the obligor on
14a support arrearage identified as difficult to collect and
15referred by the unit child support services on or after January
161, 1998, to a collection entity under contract with the unit
17 child support services or other state entity. The amount of
18the surcharge shall be a percent of the amount of the support
19arrearage referred to the collection entity and shall be
20specified in the contract with the collection entity. For the
21purpose of this chapter, a “collection entity” includes but is
22not limited to a state agency, including the central collection
23unit of the department of revenue, or a private collection
24agency. Use of a collection entity is in addition to any
25other legal means by which support payments may be collected.
26The unit Child support services shall continue to use other
27enforcement actions, as appropriate.
282. a. Notice that a surcharge may be assessed on a support
29arrearage referred to a collection entity pursuant to this
30section shall be provided to an obligor in accordance with one
31of the following as applicable:
32(1) In the order establishing or modifying the support
33obligation. The unit Child support services or the district
34court shall include notice in any new or modified support order
35issued on or after July 1, 1997.
-630- 1(2) Through notice sent by the unit child support services
2 by regular mail to the last known address of the support
3obligor.
4b. The notice shall also advise that any appropriate
5information may be provided to a collection entity for purposes
6of administering and enforcing the surcharge.
73. Arrearages submitted for referral and surcharge pursuant
8to this section shall meet all of the following criteria:
9a. The arrearages owed shall be based on a court or
10administrative order which establishes the support obligation.
11b. The arrearage is due for a case in which the unit
12 child support services is providing services pursuant to this
13chapter and one for which the arrearage has been identified as
14difficult to collect by the unit child support services.
15c. The obligor was provided notice pursuant to subsection 2
16at least fifteen days prior to sending the notice of referral
17pursuant to subsection 4.
184. The unit Child support services shall send notice of
19referral to the obligor by regular mail to the obligor’s last
20known address, with proof of service completed according to
21rule of civil procedure 1.442, at least thirty days prior to
22the date the arrearage is referred to the collection entity.
23The notice shall inform the obligor of all of the following:
24a. The arrearage will be referred to a collection entity.
25b. Upon referral, a surcharge is due and payable by the
26obligor.
27c. The amount of the surcharge.
28d. That the obligor may avoid referral by paying the amount
29of the arrearage to the collection services center within
30twenty days of the date of notice of referral.
31e. That the obligor may contest the referral by submitting a
32written request for review of the unit child support services.
33The request shall be received by the unit child support
34services within twenty days of the date of the notice of
35referral.
-631- 1f. The right to contest the referral is limited to a mistake
2of fact, which includes a mistake in the identity of the
3obligor, a mistake as to fulfillment of the requirements for
4referral under this subsection, or a mistake in the amount of
5the arrearages.
6g. The unit Child support services shall issue a written
7decision following a requested review.
8h. Following the issuance of a written decision by the unit
9 child support services denying that a mistake of fact exists,
10the obligor may request a hearing to challenge the surcharge
11by sending a written request for a hearing to the office of
12the unit which issued the decision child support services.
13The request shall be received by the office of the unit which
14issued the decision child support services within ten days of
15the unit’s child support services’ written decision. The only
16grounds for a hearing shall be mistake of fact. Following
17receipt of the written request, the unit which receives the
18request child support services shall certify the matter for
19hearing in the district court in the county in which the
20underlying support order is filed.
21i. The address of the collection services center for payment
22of the arrearages.
235. If the obligor pays the amount of arrearage within twenty
24days of the date of the notice of referral, referral of the
25arrearage to a collection entity shall not be made.
266. If the obligor requests a review or court hearing
27pursuant to this section, referral of the arrearages shall be
28stayed pending the decision of the unit child support services
29 or the court.
307. Actions of the unit child support services under this
31section shall not be subject to contested case proceedings or
32further review pursuant to chapter 17A and any resulting court
33hearing shall be an original hearing before the district court.
34However, the department shall establish, by rule pursuant to
35chapter 17A, an internal process to provide an additional
-632-1review by the administrator of the child support recovery unit
2 director or the administrator’s director’s designee.
38. If an obligor does not pay the amount of the arrearage,
4does not contest the referral, or if following the unit’s
5 child support services’ review and any court hearing the unit
6 child support services or the court does not find a mistake
7of fact, the arrearages shall be referred to a collection
8entity. Following the review or hearing, if the unit child
9support services or the court finds a mistake in the amount
10of the arrearage, the arrearages shall be referred to the
11collection entity in the appropriate arrearage amount. For
12arrearages referred to a collection entity, the obligor shall
13pay a surcharge equal to a percent of the amount of the support
14arrearage due as of the date of the referral. The surcharge
15is in addition to the arrearages and any other fees or charges
16owed, and shall be enforced by the collection entity as
17provided under section 252B.5. Upon referral to the collection
18entity, the surcharge is an automatic judgment against the
19obligor.
209. The director or the director’s designee may file a notice
21of the surcharge with the clerk of the district court in the
22county in which the underlying support order is filed. Upon
23filing, the clerk shall enter the amount of the surcharge on
24the lien index and judgment docket.
2510. Following referral of a support arrearage to a
26collection entity, the surcharge shall be due and owing and
27enforceable by a collection entity or the unit child support
28services notwithstanding satisfaction of the support obligation
29or whether the collection entity is enforcing a support
30arrearage. However, the unit child support services may waive
31payment of all or a portion of the surcharge if waiver will
32facilitate the collection of the support arrearage.
3311. All surcharge payments shall be received and disbursed
34by the collection services center. The surcharge payments
35received by the collection services center shall be considered
-633-1repayment receipts as defined in section 8.2 and shall be used
2to pay the costs of any contracts with a collection entity.
312. a. A payment received by the collection services center
4which meets all the following conditions shall be allocated as
5specified in paragraph “b”:
6(1) The payment is for a case in which arrearages have been
7referred to a collection entity.
8(2) A surcharge is assessed on the arrearages.
9(3) The payment is collected under the provisions of the
10contract with the collection entity.
11b. A payment meeting all of the conditions in paragraph “a”
12shall be allocated between support and costs and fees, and the
13surcharge according to the following formula:
14(1) The payment shall be divided by the sum of one hundred
15percent plus the percent specified in the contract.
16(2) The quotient shall be the amount allocated to the
17support arrearage and other fees and costs.
18(3) The difference between the dividend and the quotient
19shall be the amount allocated to the surcharge.
2013. Any computer or software programs developed and any
21records used in relation to a contract with a collection entity
22remain the property of the department.
23 Sec. 912. Section 252B.24, Code 2023, is amended to read as
24follows:
25252B.24 State case registry.
261. Beginning October 1, 1998, the unit Child support
27services shall operate a state case registry to the extent
28determined by applicable time frames and other provisions of
2942 U.S.C. §654a(e) and this section. The unit Child support
30services and the judicial branch shall enter into a cooperative
31agreement for the establishment and operation of the registry
32by the unit child support services. The state case registry
33shall include records with respect to all of the following:
34a. Unless prohibited by federal law, each case for which
35services are provided under this chapter.
-634- 1b. Each order for support, as defined in section 252D.16 or
2598.1, which meets at least one of the following criteria:
3(1) The support order is established or modified in this
4state on or after October 1, 1998.
5(2) The income of the obligor is subject to income
6withholding under chapter 252D, including any support order for
7which the district court enters an ex parte order under chapter
8252D on or after October 1, 1998.
92. The clerk of the district court shall provide the
10unit child support services with any information, orders,
11or documents requested by the unit child support services
12 to establish or operate the state case registry, which are
13specified in the agreement described in subsection 1, within
14the time frames specified in that agreement. The agreement
15shall include but is not limited to provisions to provide for
16all of the following:
17a. Provision to the unit child support services of
18information, orders, and documents necessary for the unit child
19support services to meet requirements described in 42 U.S.C.
20§654a(e) and this section.
21b. Provision to the unit child support services of
22information filed with the clerk of the district court by a
23party under section 598.22B, and the social security number
24of a child filed with the clerk of the district court under
25section 602.6111.
26c. Use of automation, as appropriate, to meet the
27requirements described in 42 U.S.C. §654a(e) and this section.
283. The records of the state case registry are confidential
29records pursuant to chapter 22 and may only be disclosed or
30used as provided in section 252B.9.
31 Sec. 913. Section 252B.25, Code 2023, is amended to read as
32follows:
33252B.25 Contempt — combining actions.
34Notwithstanding any provision of law to the contrary, if
35an obligor has been ordered to provide support in more than
-635-1one order, the unit child support services may bring a single
2action for contempt to enforce the multiple orders. However,
3if the obligor objects to the consolidation of the actions
4regarding multiple orders into a single action for contempt,
5and the court determines that severance of the single action
6into multiple actions is in the interest of justice, the
7unit child support services shall bring multiple actions for
8contempt to enforce the multiple orders. If the single action
9is brought and the obligor does not object, the unit child
10support services shall file the action in the district court of
11a county where the obligor resides, or if the obligor does not
12reside in the state, in the district court of the county where
13at least one of the support orders was entered or registered.
14For the purposes of this section, the district court where
15the unit child support services files the action shall have
16jurisdiction and authority over all other support orders for
17the obligor entered or registered by a court of this state and
18affected under this section. In such case, the unit child
19support services shall also file a document with the clerk of
20court in each county affected specifying the county where the
21action under this section was filed and the disposition of the
22action.
23 Sec. 914. Section 252B.26, Code 2023, is amended to read as
24follows:
25252B.26 Service of process.
26Notwithstanding any provision of law to the contrary, the
27unit child support services may serve a petition, notice, or
28rule to show cause under this chapter or chapter 252A, 252C,
29252F, 252H, 252K, 598, or 665 as specified in each chapter, or
30as follows:
311. The unit Child support services may serve a petition,
32notice, or rule to show cause by certified mail. Return
33acknowledgment is required to prove service by certified mail,
34rules of civil procedure 1.303(5) and 1.308(5) shall not apply,
35and the return acknowledgment shall be filed with the clerk of
-636-1court.
22. The unit Child support services may serve a notice
3of intent under chapter 252H, or a notice of decision under
4section 252H.14A, upon any party or parent who is receiving
5family investment program assistance for the parent or child by
6sending the notice by regular mail to the address maintained by
7the department. Rules of civil procedure 1.303(5) and 1.308(5)
8shall not apply and the unit child support services shall file
9proof of service as provided in chapter 252H. If the notice is
10determined to be undeliverable, the unit child support services
11 shall serve the notice as otherwise provided in this section
12or by personal service.
13 Sec. 915. Section 252B.27, Code 2023, is amended to read as
14follows:
15252B.27 Use of funding for additional positions.
161. The director, within the limitations of the amount
17appropriated for the unit child support services, or moneys
18transferred for this purpose from the family investment program
19account created in section 239B.11, may establish new positions
20and add employees to the unit child support services if the
21director determines that both the current and additional
22employees together can reasonably be expected to maintain or
23increase net state revenue at or beyond the budgeted level for
24the fiscal year.
252. a. The director may establish new positions and add
26state employees to the unit child support services or contract
27for delivery of services if the director determines the
28employees are necessary to replace county-funded positions
29eliminated due to termination, reduction, or nonrenewal of
30a chapter 28E contract. However, the director must also
31determine that the resulting increase in the state share of
32child support recovery services incentives exceeds the cost
33of the positions or contract, the positions or contract are
34necessary to ensure continued federal funding of the unit
35 child support services, or the new positions or contract can
-637-1reasonably be expected to recover at least twice the amount of
2money necessary to pay the salaries and support for the new
3positions or the contract will generate at least two hundred
4percent of the cost of the contract.
5b. Employees in full-time positions that transition
6from county government to state government employment under
7this subsection are exempt from testing, selection, and
8appointment provisions of chapter 8A, subchapter IV, and from
9the provisions of collective bargaining agreements relating to
10the filling of vacant positions.
11 Sec. 916. Section 252C.1, Code 2023, is amended to read as
12follows:
13252C.1 Definitions.
14As used in this chapter, unless the context otherwise
15requires:
161. “Administrator” means the administrator of the child
17support recovery unit of the department of human services, or
18the administrator’s designee.
192. 1. “Caretaker” means a parent, relative, guardian,
20or another person who is responsible for paying foster care
21costs pursuant to chapter 234 or whose needs are included in an
22assistance payment made pursuant to chapter 239B.
232. “Child support services” means child support services
24created in section 252B.2.
253. “Court order” means a judgment or order requiring the
26payment of a set or determinable amount of monetary support.
27For orders entered on or after July 1, 1990, unless the court
28specifically orders otherwise, medical support, as defined
29in section 252E.1, is not included in the amount of monetary
30support.
314. “Department” means the department of health and human
32services.
335. “Dependent child” means a person who meets the
34eligibility criteria established in chapter 234 or 239B and
35whose support is required by chapter 234, 239B, 252A, 252F,
-638-1598, or 600B.
26. “Director” means the director of health and human
3services.
46. 7. “Medical support” means medical support as defined
5in section 252E.1.
67. 8. “Public assistance” means foster care costs paid by
7the department pursuant to chapter 234 or assistance provided
8pursuant to chapter 239B.
98. 9. “Responsible person” means a parent, relative,
10guardian, or another person legally liable for the support of a
11child or a child’s caretaker.
12 Sec. 917. Section 252C.2, Code 2023, is amended to read as
13follows:
14252C.2 Assignment — creation of support debt — subrogation.
151. If public assistance is provided by the department
16to or on behalf of a dependent child or a dependent child’s
17caretaker, there is an assignment by operation of law to the
18department of any and all right in, title to, and interest in
19any support obligation, payment, and arrearages owed to or for
20the child or caretaker up to the amount of public assistance
21paid for or on behalf of the child or caretaker. Unless
22otherwise specified in the order, an equal and proportionate
23share of any child support awarded is presumed to be payable
24on behalf of each child subject to the order or judgment for
25purposes of an assignment under this section. For family
26investment program assistance, section 239B.6 shall apply.
272. The payment of public assistance to or for the benefit of
28a dependent child or a dependent child’s caretaker creates a
29support debt due and owing to the department by the responsible
30person in an amount equal to the public assistance payment,
31except that the support debt is limited to the amount of
32a support obligation established by court order or by the
33administrator department. The administrator department may
34establish a support debt as to amounts accrued and accruing
35pursuant to section 598.21B. However, when establishing a
-639-1support obligation against a responsible person, no debt shall
2be created for the period during which the responsible person
3is a recipient on the person’s own behalf of public assistance
4for the benefit of the dependent child or the dependent child’s
5caretaker, if any of the following conditions exist:
6a. The parents have reconciled and are cohabiting, and the
7child for whom support would otherwise be sought is living in
8the same residence as the parents.
9b. The child is living with the parent from whom support
10would otherwise be sought.
113. The provision of child support collection or paternity
12determination services under chapter 252B to an individual,
13even though the individual is ineligible for public assistance,
14creates a support debt due and owing to the individual or the
15individual’s child or ward by the responsible person in the
16amount of a support obligation established by court order or
17by the administrator department. The administrator department
18 may establish a support debt in favor of the individual or the
19individual’s child or ward and against the responsible person,
20both as to amounts accrued and accruing, pursuant to section
21598.21B.
224. The payment of medical assistance pursuant to chapter
23249A for the benefit of a dependent child or a dependent
24child’s caretaker creates a support debt due and owing to the
25department. The administrator department may establish an
26order for medical support.
275. The department is subrogated to the rights of a dependent
28child or a dependent child’s caretaker to bring a court action
29or to execute an administrative remedy for the collection
30of support. The administrator department may petition an
31appropriate court for modification of a court order on the same
32grounds as a party to the court order can petition the court
33for modification.
34 Sec. 918. Section 252C.3, Code 2023, is amended to read as
35follows:
-640- 1252C.3 Notice of support debt — failure to respond —
2hearing — order.
31. The administrator department may issue a notice stating
4the intent to secure an order for either medical support as
5provided in chapter 252E or payment of an accrued or accruing
6support debt due and owed to the department or an individual
7under section 252C.2, or both. The notice shall be served upon
8the responsible person in accordance with the rules of civil
9procedure. The notice shall include all of the following:
10a. A statement that the support obligation will be set
11pursuant to the child support guidelines established pursuant
12to section 598.21B, and the criteria established pursuant to
13section 252B.7A, and that the responsible person is required to
14provide medical support in accordance with chapter 252E.
15b. The name of a public assistance recipient and the name of
16the dependent child or caretaker for whom the public assistance
17is paid.
18c. (1) A statement that if the responsible person desires
19to discuss the amount of support that a responsible person
20should be required to pay, the responsible person may, within
21ten days after being served, contact the office of the child
22support recovery unit which sent the notice services and
23request a negotiation conference.
24(2) A statement that if a negotiation conference is
25requested, then the responsible person shall have ten days from
26the date set for the negotiation conference or thirty days from
27the date of service of the original notice, whichever is later,
28to send a request for a hearing to the office of the child
29support recovery unit which issued the notice services.
30(3) A statement that after the holding of the negotiation
31conference, the administrator department may issue a new notice
32and finding of financial responsibility for child support or
33medical support, or both, to be sent to the responsible person
34by regular mail addressed to the responsible person’s last
35known address, or if applicable, to the last known address of
-641-1the responsible person’s attorney.
2(4) A statement that if the administrator department issues
3a new notice and finding of financial responsibility for child
4support or medical support, or both, then the responsible
5person shall have thirty days from the date of issuance of the
6new notice to send a request for a hearing to the office of the
7 child support recovery unit which issued the notice services.
8If the administrator department does not issue a new notice
9and finding of financial responsibility for child support or
10medical support, or both, the responsible party shall have ten
11days from the date of issuance of the conference report to send
12a request for a hearing to the office of the child support
13recovery unit which issued the conference report services.
14d. A statement that if the responsible person objects
15to all or any part of the notice or finding of financial
16responsibility for child support or medical support, or both,
17and a negotiation conference is not requested, the responsible
18person shall, within thirty days of the date of service send to
19the office of the child support recovery unit which issued the
20notice services a written response setting forth any objections
21and requesting a hearing.
22e. A statement that if a timely written request for a
23hearing is received by the office of the child support recovery
24unit which issued the notice services, the responsible person
25shall have the right to a hearing to be held in district
26court; and that if no timely written response is received, the
27administrator department may enter an order in accordance with
28the notice and finding of financial responsibility for child
29support or medical support, or both.
30f. A statement that, as soon as the order is entered, the
31property of the responsible person is subject to collection
32action, including but not limited to wage withholding,
33garnishment, attachment of a lien, and execution.
34g. A statement that the responsible person shall notify the
35administrator department of any change of address, employment,
-642-1or medical coverage as required by chapter 252E.
2h. A statement that if the responsible person has any
3questions, the responsible person should telephone or visit an
4office of the child support recovery unit services or consult
5an attorney.
6i. Such other information as the administrator department
7 finds appropriate.
82. The time limitations for requesting a hearing in
9subsection 1 may be extended by the administrator department.
103. If a timely written response setting forth objections and
11requesting a hearing is received by the appropriate office of
12the child support recovery unit services, a hearing shall be
13held in district court.
144. If timely written response and request for hearing is
15not received by the appropriate office of the child support
16recovery unit services, the administrator department may enter
17an order in accordance with the notice, and shall specify all
18of the following:
19a. The amount of monthly support to be paid, with directions
20as to the manner of payment.
21b. The amount of the support debt accrued and accruing in
22favor of the department.
23c. The name of the custodial parent or agency having custody
24of the dependent child and the name and birth date of the
25dependent child for whom support is to be paid.
26d. That the property of the responsible person is subject
27to collection action, including but not limited to wage
28withholding, garnishment, attachment of a lien, and execution.
29e. The medical support required pursuant to chapter 598 and
30rules adopted pursuant to chapter 252E.
315. The responsible person shall be sent a copy of the order
32by regular mail addressed to the responsible person’s last
33known address, or if applicable, to the last known address of
34the responsible person’s attorney. The order is final, and
35action by the administrator department to enforce and collect
-643-1upon the order, including arrearages and medical support, or
2both, may be taken from the date of approval of the order by the
3court pursuant to section 252C.5.
4 Sec. 919. Section 252C.4, Code 2023, is amended to read as
5follows:
6252C.4 Certification to court — hearing — default.
71. A responsible person or the child support recovery
8unit services may request a hearing regarding a determination
9of support. If a timely written request for a hearing is
10received, the administrator department shall certify the matter
11to the district court as follows:
12a. If the child or children reside in Iowa, and the unit
13 child support services is seeking an accruing obligation, in
14the county in which the dependent child or children reside.
15b. If the child or children received public assistance in
16Iowa, and the unit child support services is seeking only an
17accrued obligation, in the county in which the dependent child
18or children last received public assistance.
19c. If the action is the result of a request from another
20state or foreign country to establish support by a responsible
21person located in Iowa, in the county in which the responsible
22person resides.
232. The certification shall include true copies of the
24notice and finding of financial responsibility or notice of the
25support debt accrued and accruing, the return of service, the
26written objections and request for hearing, and true copies of
27any administrative orders previously entered.
283. The court shall set the matter for hearing and notify the
29parties of the time and place of hearing.
304. The court shall establish the monthly child support
31payment and the amount of the support debt accrued and accruing
32pursuant to section 598.21B, or medical support pursuant to
33chapter 252E, or both.
345. If a party fails to appear at the hearing, upon a showing
35of proper notice to that party, the court shall find that party
-644-1in default and enter an appropriate order.
26. Actions initiated by the administrator department under
3this chapter are not subject to chapter 17A and resulting court
4hearings following certification shall be an original hearing
5before the district court.
67. If a responsible person contests an action initiated
7under this chapter by denying paternity, the following shall
8apply, as necessary:
9a. (1) If the prior determination of paternity is based on
10an affidavit of paternity filed pursuant to section 252A.3A, or
11an administrative order entered pursuant to chapter 252F, or an
12order by the courts of this state, or by operation of law when
13the mother and established father are or were married to each
14other, the provisions of section 600B.41A are applicable.
15(2) If the court determines that the prior determination of
16paternity should not be overcome pursuant to section 600B.41A,
17and that the responsible person has a duty to provide support,
18the court shall enter an order establishing the monthly child
19support payment and the amount of the support debt accrued
20and accruing pursuant to section 598.21B, or medical support
21pursuant to chapter 252E, or both.
22b. If the prior determination of paternity is based on an
23administrative or court order or other means, pursuant to the
24laws of another state or foreign country, an action to overcome
25the prior determination of paternity shall be filed in that
26jurisdiction. Unless the responsible person requests and is
27granted a stay of an action initiated under this chapter to
28establish child or medical support, the action shall proceed as
29otherwise provided by this chapter.
30 Sec. 920. Section 252C.5, Code 2023, is amended to read as
31follows:
32252C.5 Filing and docketing of financial responsibility order
33— order effective as district court decree.
341. A true copy of any order entered by the administrator
35 department pursuant to this chapter, along with a true copy
-645-1of the return of service, if applicable, may be filed in
2the office of the clerk of the district court in the manner
3established pursuant to section 252C.4, subsection 1.
42. The administrator’s department’s order shall be
5presented, ex parte, to the district court for review and
6approval. Unless defects appear on the face of the order or on
7the attachments, the district court shall approve the order.
8The approved order shall have all the force, effect, and
9attributes of a docketed order or decree of the district court.
103. Upon filing, the clerk shall enter the order in the
11judgment docket.
124. If the responsible party appeals the order approved
13by the court under this section, and the court on appeal
14establishes an amount of support which is less than the amount
15of support established under the approved order, the court, in
16the order issued on appeal, shall reconcile the amounts due
17and shall provide that any amount which represents the unpaid
18difference between the amount under the approved order and the
19amount under the order of the court on appeal is satisfied.
20 Sec. 921. Section 252C.6, Code 2023, is amended to read as
21follows:
22252C.6 Interest on support debts.
23Interest accrues on support debts at the rate provided
24in section 535.3 for court judgments. The administrator
25 department may collect the accrued interest but is not required
26to maintain interest balance accounts. The department Child
27support services may waive payment of the interest if the
28waiver will facilitate the collection of the support debt.
29 Sec. 922. Section 252C.8, Code 2023, is amended to read as
30follows:
31252C.8 Temporary restraining order or bond.
32If the administrator department reasonably believes that the
33responsible person is not a resident of this state, is about to
34move from this state, or is concealing the responsible person’s
35whereabouts, or that the responsible person has removed or
-646-1is about to remove, secrete, waste, or otherwise dispose of
2property which could be made subject to collection procedures
3to satisfy the support debt, the administrator department may
4petition the district court for a temporary restraining order
5barring the removal, secretion, waste, or disposal. However,
6if the responsible person furnishes a bond satisfactory to the
7court, the temporary restraining order shall be vacated.
8 Sec. 923. Section 252C.12, Code 2023, is amended to read as
9follows:
10252C.12 Waiver of time limitations by responsible person.
111. A responsible person may waive the time limitations
12established in section 252C.3.
132. Upon receipt of a signed statement from each responsible
14person waiving the time limitations established in section
15252C.3, the administrator department may proceed to enter an
16order for support and the court may approve the order, whether
17or not the time limitations have expired.
183. If a responsible person waives the time limitations
19established in section 252C.3 and an order for support is
20entered under this chapter, the signed statement of the
21responsible person waiving the time limitations shall be filed
22with the order for support.
23 Sec. 924. Section 252D.1, Code 2023, is amended to read as
24follows:
25252D.1 Delinquent support payments.
26If support payments ordered under this chapter or chapter
27232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other
28applicable chapter, or under a comparable statute of another
29state or foreign country, as certified to the child support
30recovery unit established in section 252B.2 services, are not
31paid to the clerk of the district court or the collection
32services center pursuant to section 598.22 or, as appropriate,
33a comparable government entity in another state as provided
34in chapter 252K, and become delinquent in an amount equal to
35the payment for one month, the child support recovery unit
-647-1 services may enter an ex parte order or, upon application of a
2person entitled to receive the support payments, the district
3court may enter an ex parte order, notifying the person whose
4income is to be withheld, of the delinquent amount, of the
5amount of income to be withheld, and of the procedure to
6file a motion to quash the order for income withholding, and
7ordering the withholding of specified sums to be deducted
8from the delinquent person’s income as defined in section
9252D.16 sufficient to pay the support obligation and, except as
10provided in section 598.22, requiring the payment of such sums
11to the clerk of the district court or the collection services
12center or, as appropriate, a comparable government entity
13in another state as provided in chapter 252K. All income
14withholding payments shall be paid to the collection services
15center or, as appropriate, a comparable government entity in
16another state as provided in chapter 252K. Notification of
17income withholding shall be provided to the obligor and to the
18payor of income pursuant to section 252D.17.
19 Sec. 925. Section 252D.8, Code 2023, is amended to read as
20follows:
21252D.8 Persons subject to immediate income withholding.
221. In a support order issued or modified on or after
23November 1, 1990, for which services are being provided by the
24 child support recovery unit services, and in any support orders
25issued or modified after January 1, 1994, for which services
26are not provided by the child support recovery unit services,
27the income of a support obligor is subject to withholding, on
28the effective date of the order, regardless of whether support
29payments by the obligor are in arrears. If services are being
30provided pursuant to chapter 252B, the child support recovery
31unit services may enter an ex parte order for an immediate
32withholding of income. The district court may enter an ex
33parte order for immediate income withholding for cases in which
34the child support recovery unit services is not providing
35services. The income of the obligor is subject to immediate
-648-1withholding unless one of the following occurs:
2a. One of the parties demonstrates and the court or child
3support recovery unit services finds there is good cause not to
4require immediate withholding. A finding of good cause shall
5be based on, at a minimum, written findings and conclusions by
6the court or administrative authority as to why implementing
7immediate withholding would not be in the best interests of the
8child. In cases involving modifications, the findings shall
9also include proof of timely payment of previously ordered
10support.
11b. A written agreement is reached between both parties
12which provides for an alternative arrangement. If the support
13payments have been assigned to the department of human services
14 pursuant to chapter 234 or 239B, or a comparable statute of
15another jurisdiction, the department shall be considered a
16party to the support order, and a written agreement pursuant
17to this section to waive immediate withholding is void unless
18approved by the child support recovery unit services. Any
19agreement existing at the time an assignment of support is made
20pursuant to chapter 234 or 239B or pursuant to a comparable
21statute of another jurisdiction shall not prevent the child
22support recovery unit services from implementing immediate
23withholding.
242. For an order not requiring immediate withholding, income
25of an obligor is subject to immediate withholding, without
26regard to whether there is an arrearage, on the earliest of the
27following:
28a. The date the obligor requests that the withholding begin.
29b. The date the custodial parent or party to the proceeding
30requests that the withholding begin, if the request is approved
31by the district court or, in cases in which services are
32being provided pursuant to chapter 252B, if the child support
33recovery unit services approves the request.
34 Sec. 926. Section 252D.16, Code 2023, is amended to read as
35follows:
-649- 1252D.16 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Child support services” means the same as child
5supported services created in section 252B.2.
62. “Department” means the department of health and human
7services.
81. 3. “Income” means all of the following:
9a. Any periodic form of payment due an individual,
10regardless of source, including but not limited to wages,
11salaries, commissions, bonuses, workers’ compensation,
12disability payments, payments pursuant to a pension or
13retirement program, and interest.
14b. A sole payment or lump sum as provided in section
15252D.18C, including but not limited to payment from an estate
16including inheritance, or payment for personal injury or
17property damage.
18c. Irregular income as defined in section 252D.18B.
192. 4. “Payor of income” or “payor” means and includes, but
20is not limited to, an obligor’s employer, trustee, the state
21of Iowa and all governmental subdivisions and agencies and any
22other person from whom an obligor receives income.
233. 5. “Support” or “support payments” means any amount
24which the court or administrative agency may require a person
25to pay for the benefit of a child under a temporary order or a
26final judgment or decree entered under chapter 232, 234, 252A,
27252C, 252F, 252H, 598, 600B, or any other comparable chapter,
28and may include child support, maintenance, medical support as
29defined in chapter 252E, spousal support, and any other term
30used to describe these obligations. These obligations may
31include support for a child of any age who is dependent on the
32parties to the dissolution proceedings because of physical or
33mental disability. The obligations may include support for
34a child eighteen or more years of age with respect to whom a
35child support order has been issued pursuant to the laws of
-650-1another state or foreign country. These obligations shall
2not include amounts for a postsecondary education subsidy as
3defined in section 598.1.
4 Sec. 927. Section 252D.16A, Code 2023, is amended to read
5as follows:
6252D.16A Income withholding order — child support recovery
7unit services.
8If support payments are ordered under this chapter, chapter
9232, 234, 252A, 252C, 252E, 252F, 252H, 598, 600B, or any other
10applicable chapter, or under a comparable statute of another
11state or foreign country, and if income withholding relative
12to such support payments is allowed under this chapter, the
13 child support recovery unit services may enter an ex parte
14order notifying the person whose income is to be withheld
15of the procedure to file a motion to quash the order for
16income withholding, and ordering the withholding of sums to
17be deducted from the delinquent person’s income as defined in
18section 252D.16 sufficient to pay the support obligation and
19requiring the payment of such sums to the collection services
20center or, as appropriate, a comparable government entity in
21another state as provided in chapter 252K. The child Child
22 support recovery unit services shall include the amount of
23any delinquency and the amount to be withheld in the notice
24provided to the obligor pursuant to section 252D.17A. Notice
25of income withholding shall be provided to the obligor and to
26the payor of income pursuant to sections 252D.17 and 252D.17A.
27 Sec. 928. Section 252D.17, subsection 1, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The district court shall provide notice by sending a copy
30of the order for income withholding or a notice of the order
31for income withholding to the obligor and the obligor’s payor
32of income by regular mail, with proof of service completed
33according to rule of civil procedure 1.442. The child Child
34 support recovery unit services shall provide notice of the
35income withholding order by sending a notice of the order to
-651-1the obligor’s payor of income by regular mail or by electronic
2means. Proof of service may be completed according to rule
3of civil procedure 1.442. The child Child support recovery
4unit’s services’ notice of the order may be sent to the payor
5of income on the same date that the order is sent to the clerk
6of court for filing. In all other instances, the income
7withholding order shall be filed with the clerk of court prior
8to sending the notice of the order to the payor of income. In
9addition to the amount to be withheld for payment of support,
10the order or the notice of the order shall be in a standard
11format as prescribed by the unit child support services and
12shall include all of the following information regarding the
13duties of the payor in implementing the withholding order:
14 Sec. 929. Section 252D.17, subsection 1, paragraphs g and i,
15Code 2023, are amended to read as follows:
16g. The withholding is binding on the payor until further
17notice by the court or the child support recovery unit
18 services.
19i. The payor shall promptly notify the court or the child
20support recovery unit services when the obligor’s employment or
21other income terminates, and provide the obligor’s last known
22address and the name and address of the obligor’s new employer,
23if known.
24 Sec. 930. Section 252D.17A, Code 2023, is amended to read
25as follows:
26252D.17A Notice to obligor of implementation of income
27withholding order.
28The child Child support recovery unit services or the
29district court shall send a notice of the income withholding
30order to the obligor at the time the notice is sent to the payor
31of income.
32 Sec. 931. Section 252D.18, Code 2023, is amended to read as
33follows:
34252D.18 Modification or termination of withholding.
351. The court or the child support recovery unit services
-652-1 may, by ex parte order, modify a previously entered income
2withholding order if the court or the unit child support
3services determines any of the following:
4a. There has been a change in the amount of the current
5support obligation.
6b. The amount required to be withheld under the income
7withholding order is in error.
8c. Any past due support debt has been paid in full. Should
9a delinquency later accrue, the withholding order may be
10modified to secure payment toward the delinquency.
11d. There has been a change in the rules adopted by the
12department pursuant to chapter 17A regarding the amount of
13income to be withheld to pay a delinquency.
142. The child Child support recovery unit services may modify
15an amount specified in an income withholding order or notice of
16income withholding by providing notice to the payor of income
17and the obligor pursuant to sections 252D.17 and 252D.17A.
183. The court or the child support recovery unit services
19 may, by ex parte order, terminate an income withholding order
20when the current support obligation has terminated and when
21the delinquent support obligation has been fully satisfied
22as applicable to all of the children covered by the income
23withholding order. The unit Child support services may, by
24ex parte order, terminate an income withholding order when
25the unit child support services will no longer be providing
26services under chapter 252B, or when another state or foreign
27country will be providing services under Tit.IV-D of the
28federal Social Security Act or a comparable law in a foreign
29country.
304. In no case shall payment of overdue support be the sole
31basis for termination of withholding.
32 Sec. 932. Section 252D.18A, subsections 1 and 4, Code 2023,
33are amended to read as follows:
341. The total of all amounts withheld shall not exceed the
35amounts specified in 15 U.S.C. §1673(b). For orders or notices
-653-1issued by the child support recovery unit services, the limit
2for the amount to be withheld shall be specified in the order
3or notice.
44. The payor shall identify and report payments by the
5obligor’s name, account number, amount, and date withheld
6pursuant to section 252D.17. If payments for multiple obligees
7are combined, the portion of the payment attributable to each
8obligee shall be specifically identified only if the payor is
9directed to do so by the child support recovery unit services.
10 Sec. 933. Section 252D.18B, Code 2023, is amended to read
11as follows:
12252D.18B Irregular income.
13When payment of income is irregular, and an order for
14immediate or mandatory income withholding has been entered by
15the child support recovery unit services or the district court,
16the income payor shall withhold income equal to the total that
17would have been withheld had there been regular monthly income.
18The amounts withheld shall not exceed the amounts specified
19in 15 U.S.C. §1673(b). For the purposes of this section, an
20income source is irregular when there are periods in excess of
21one month during which the income payor makes no payment to the
22obligor and the periods are not the result of termination or
23suspension of employment.
24 Sec. 934. Section 252D.18C, Code 2023, is amended to read
25as follows:
26252D.18C Withholding from lump sum payments.
27The child Child support recovery unit services or the
28district court may enter an ex parte order for income
29withholding when the obligor is paid by a lump sum income
30source. When a sole payment is made or payment occurs at
31two-month or greater intervals, the withholding order may
32include all current and delinquent support due through the
33current month, but shall not exceed the amounts specified in
3415 U.S.C. §1673(b).
35 Sec. 935. Section 252D.19A, subsection 2, Code 2023, is
-654-1amended to read as follows:
22. If the unit child support services takes an enforcement
3action during a calendar year against an obligor and the
4obligor is not delinquent or in arrears solely due to the
5applicability of this section to the obligor, upon discovering
6the circumstances, the unit child support services shall
7promptly discontinue the enforcement action.
8 Sec. 936. Section 252D.20, Code 2023, is amended to read as
9follows:
10252D.20 Administration of income withholding procedures.
11The child Child support recovery unit services is designated
12as the entity of the state to administer income withholding in
13accordance with the procedures specified for keeping adequate
14records to document, track, and monitor support payments on
15cases subject to Tit.IV-D of the federal Social Security
16Act. The collection services center is designated as the
17entity for administering income withholding for cases which are
18not subject to Tit.IV-D. The collection services center’s
19responsibilities for administering income withholding in cases
20not subject to Tit.IV-D are limited to the receipt, recording,
21and disbursement of income withholding payments and to
22responding to requests for information on the current status of
23support payments pursuant to section 252B.13A. Notwithstanding
24section 622.53, in cases where the court or the child support
25recovery unit services is enforcing an order of another state
26or foreign country through income withholding, a certified copy
27of the underlying judgment is sufficient proof of authenticity.
28 Sec. 937. Section 252D.22, Code 2023, is amended to read as
29follows:
30252D.22 Rules.
31The department shall adopt the administrative rules
32necessary to implement the provisions of this chapter as they
33pertain to the operations of the child support recovery unit
34 services.
35 Sec. 938. Section 252D.23, Code 2023, is amended to read as
-655-1follows:
2252D.23 Filing of withholding order — order effective as
3district court order.
4An income withholding order entered by the child support
5recovery unit services pursuant to this chapter shall be
6filed with the clerk of the district court. In lieu of any
7signature on the order which may otherwise be required by law
8or rule, the order shall have affixed the name and address
9of the appropriate child support office services. For the
10purposes of demonstrating compliance by the payor of income,
11the copy of the withholding order or the notice of the order
12received, whether or not the copy of the order is file-stamped,
13shall have all the force, effect, and attributes of a docketed
14order of the district court including, but not limited to,
15availability of contempt of court proceedings against a
16payor of income for noncompliance. However, any information
17contained in the income withholding order or the notice of the
18order related to the amount of the accruing or accrued support
19obligation which does not reflect the correct amount of support
20due does not modify the underlying support judgment.
21 Sec. 939. Section 252E.1, Code 2023, is amended to read as
22follows:
23252E.1 Definitions.
24As used in this chapter, unless the context otherwise
25requires:
261. “Accessible” means any of the following, unless otherwise
27provided in the support order:
28a. The health benefit plan does not have service area
29limitations or provides an option not subject to service area
30limitations.
31b. The health benefit plan has service area limitations and
32the dependent lives within thirty miles or thirty minutes of a
33network primary care provider.
342. “Basic coverage” means health care coverage that at a
35minimum provides coverage for emergency care, inpatient and
-656-1outpatient hospital care, physician services whether provided
2within or outside a hospital setting, and laboratory and x-ray
3services.
43. “Cash medical support” means a monetary amount that
5a parent is ordered to pay to the obligee in lieu of that
6parent providing health care coverage, which amount is five
7percent of the gross income of the parent ordered to pay the
8monetary amount or, if the child support guidelines established
9pursuant to section 598.21B specifically provide an alternative
10income-based numeric standard for determining the amount,
11the amount determined by the standard specified by the child
12support guidelines. “Cash medical support” is an obligation
13separate from any monetary amount a parent is ordered to pay
14for uncovered medical expenses pursuant to the guidelines
15established pursuant to section 598.21B.
164. “Child” means a person for whom child or medical support
17may be ordered pursuant to chapter 234, 239B, 252A, 252C, 252F,
18252H, 252K, 598, 600B, or any other chapter of the Code or
19pursuant to a comparable statute of another state or foreign
20country.
215. “Child support services” means child support services
22created in section 252B.1.
235. 6. “Department” means the department of health and
24 human services, which includes but is not limited to the child
25support recovery unit services, or any comparable support
26enforcement agency of another state.
276. 7. “Dependent” means a child, or an obligee for whom
28a court may order health care coverage pursuant to section
29252E.3.
307. 8. “Enroll” means to be eligible for and covered by a
31health benefit plan.
328. 9. “Health benefit plan” means any policy or contract
33of insurance, indemnity, subscription, or membership issued
34by an insurer, health service corporation, health maintenance
35organization, or any similar corporation or organization, any
-657-1public coverage, or any self-insured employee benefit plan,
2for the purpose of covering medical expenses. These expenses
3may include but are not limited to hospital, surgical, major
4medical insurance, dental, optical, prescription drugs, office
5visits, or any combination of these or any other comparable
6health care expenses.
79. 10. “Health care coverage” or “coverage” means providing
8and paying for the medical needs of a dependent through a
9health benefit plan.
1010. 11. “Insurer” means any entity, including a health
11service corporation, health maintenance organization, or any
12similar corporation or organization, or an employer offering
13self-insurance, that provides a health benefit plan, but does
14not include an entity that provides public coverage.
1511. 12. “Medical support” means either the provision of
16health care coverage or the payment of cash medical support.
17“Medical support” is not alimony.
1812. 13. “National medical support notice” means a notice
19as prescribed under 42 U.S.C. §666(a)(19) or a substantially
20similar notice, that is issued and forwarded by the department
21in accordance with section 252E.4 to enforce the health care
22coverage provisions of a support order. The national medical
23support notice is not applicable to a provider of public
24coverage.
2513. 14. “Obligee” means a parent or another natural person
26legally entitled to receive a support payment on behalf of a
27child.
2814. 15. “Obligor” means a parent or another natural person
29legally responsible for the support of a dependent.
3015. 16. “Order” means a support order entered pursuant to
31chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
32other support chapter, or pursuant to a comparable statute of
33another state or foreign country, or an ex parte order entered
34pursuant to section 252E.4. “Order” also includes a notice of
35such an order issued by the department.
-658- 116. 17. “Plan administrator” means the employer or sponsor
2that offers the health benefit plan or the person to whom the
3duty of plan administrator is delegated by the employer or
4sponsor offering the health benefit plan, by written agreement
5of the parties. “Plan administrator” does not include a
6provider of public coverage.
717. 18. “Primary care provider” means a physician who
8provides primary care who is a family or general practitioner,
9a pediatrician, an internist, an obstetrician, or a
10gynecologist; an advanced registered nurse practitioner; or a
11physician assistant.
1218. 19. “Public coverage” means health care benefits
13provided by any form of federal or state medical assistance,
14including but not limited to benefits provided under chapter
15249A or 514I, or under comparable laws of another state,
16foreign country, or Indian nation or tribe.
1719. “Unit” or “child support recovery unit” means unit as
18defined in section 252B.1.
19 Sec. 940. Section 252E.1A, subsection 1, Code 2023, is
20amended to read as follows:
211. This section shall apply to all initial or modified
22orders for support entered under chapter 234, 252A, 252C, 252F,
23252H, 598, 600B, or any other applicable chapter. If an action
24to establish or modify an order for support is initiated by the
25 child support recovery unit services, section 252E.1B shall
26also apply.
27 Sec. 941. Section 252E.1B, Code 2023, is amended to read as
28follows:
29252E.1B Establishing and modifying orders for medical support
30— actions initiated by child support recovery unit services.
311. If the child support recovery unit services is initiating
32an action to establish or modify support, this section shall
33apply in addition to the provisions of section 252E.1A.
342. The unit Child support services shall apply the following
35order of priority when the unit child support services enters
-659-1or seeks an order for medical support:
2a. If the custodial parent is currently providing coverage
3for the child under a health benefit plan other than public
4coverage, and the plan is available as described in section
5252E.1A, subsection 3, the unit child support services shall
6enter or seek an order for the custodial parent to provide
7coverage.
8b. If the noncustodial parent is currently providing
9coverage for the child under a health benefit plan other than
10public coverage, and the plan is available as described in
11section 252E.1A, subsection 3, the unit child support services
12 shall enter or seek an order for the noncustodial parent to
13provide coverage.
14c. If a health benefit plan other than public coverage is
15available as described in section 252E.1A, subsection 3, to the
16custodial parent, the unit child support services shall enter
17or seek an order for the custodial parent to provide coverage.
18d. If a health benefit plan other than public coverage is
19available as described in section 252E.1A, subsection 3, to
20the noncustodial parent, the unit child support services shall
21enter or seek an order for the noncustodial parent to provide
22coverage.
23e. If a health benefit plan other than public coverage
24is not available to either parent, and the custodial parent
25has public coverage for the child, the unit child support
26services shall enter or seek an order for the custodial parent
27to provide health care coverage and shall enter or seek an
28order for the noncustodial parent to pay cash medical support.
29However, if any of the circumstances described in section
30252E.1A, subsection 4, paragraph “a”, “b”, or “c” is met, the
31unit child support services shall enter or seek an order as
32specified by the applicable paragraph.
333. Notwithstanding subsection 2, if there is an order for
34joint physical care for the child and the parties subject to
35the support order, the unit child support services shall apply
-660-1the following order of priority when the unit child support
2services enters or seeks an order for medical support:
3a. If only one parent is currently providing coverage
4for the child under a health benefit plan other than public
5coverage, and the plan is available as described in section
6252E.1A, subsection 3, the unit child support services shall
7enter or seek an order for that parent to provide coverage.
8b. If both parents are currently providing coverage for the
9child under a health benefit plan other than public coverage,
10and both plans are available as described in section 252E.1A,
11subsection 3, the unit child support services shall enter or
12seek an order for both parents to provide coverage.
13c. If neither parent is currently providing coverage
14for the child under a health benefit plan other than public
15coverage, and a health benefit plan other than public coverage
16is available as described in section 252E.1A, subsection 3, to
17one parent, the unit child support services shall enter or seek
18an order for that parent to provide coverage.
19d. If neither parent is currently providing coverage
20for the child under a health benefit plan other than public
21coverage, and a health benefit plan other than public coverage
22is available as described in section 252E.1A, subsection 3, to
23both parents, the unit child support services shall enter or
24seek an order for both parents to provide coverage.
25e. If a health benefit plan other than public coverage
26is not available to either parent and one parent has public
27coverage for the child, the unit child support services shall
28enter or seek an order for that parent to provide health care
29coverage.
304. The child Child support recovery unit services or the
31court shall not order any modification to an existing medical
32support order in a proceeding conducted solely pursuant to
33chapter 252H, subchapter IV.
34 Sec. 942. Section 252E.2, subsection 2, paragraph a, Code
352023, is amended to read as follows:
-661- 1a. The name and the last known mailing address of the
2participant and the name and mailing address of each child
3covered by the order except that, to the extent provided in
4the order, the name and mailing address of an official of the
5department may be substituted for the mailing address of the
6child.
7 Sec. 943. Section 252E.2A, Code 2023, is amended to read as
8follows:
9252E.2A Satisfaction of medical support order.
10This section shall apply if the child support recovery unit
11 services is providing services under chapter 252B.
121. Notwithstanding any law to the contrary and without
13a court order, a medical support order for a child shall be
14deemed satisfied with regard to the department, the child, the
15obligor, and the obligee for the period during which all of the
16following conditions are met:
17a. The order is issued under any applicable chapter of the
18Code.
19b. The unit Child support services is notified that the
20conditions of paragraph “c” are met and the parent ordered to
21provide medical support submits a written statement to the unit
22 child support services that the requirements of paragraph “c”
23are met.
24c. The parent ordered to provide medical support meets at
25least one of the following conditions:
26(1) The parent is an inmate of an institution under the
27control of the department of corrections or a comparable
28institution in another state.
29(2) The parent’s monthly child support obligation under
30the guidelines established pursuant to section 598.21B is the
31minimum obligation amount.
32(3) The parent is a recipient of assistance under chapter
33239B or 249A, or under comparable laws of another state.
34(4) The parent is residing with any child for whom the
35parent is legally responsible and that child is a recipient
-662-1of assistance under chapter 239B, 249A, or 514I, or under
2comparable laws of another state. For purposes of this
3subparagraph, “legally responsible” means the parent has a legal
4obligation to the child as specified in Iowa court rule 9.7 of
5the child support guidelines.
6d. The unit Child support services files a notice of
7satisfaction with the clerk of the district court. The
8effective date of the satisfaction shall be stated in the
9notice and the effective date shall be no later than forty-five
10days after the unit child support services issues the notice of
11satisfaction.
122. If a medical support order is satisfied under subsection
131, the satisfaction shall continue until all of the following
14apply:
15a. The unit Child support services is notified that none of
16the conditions specified in subsection 1, paragraph “c”, still
17applies.
18b. The unit Child support services files a satisfaction
19termination notice that the requirements for a satisfaction
20under this section no longer apply. The effective date shall
21be stated in the satisfaction termination notice and the
22effective date shall be no later than forty-five days after the
23unit child support services issues the satisfaction termination
24notice.
253. The unit Child support services shall mail a copy of the
26notice of satisfaction and the satisfaction termination notice
27to the last known address of the obligor and obligee.
284. The department of human services may match data for
29enrollees of the hawk-i Hawki program created pursuant to
30chapter 514I with data of the unit child support services to
31assist the unit child support services in implementing this
32section.
335. An order, decree, or judgment entered or pending on or
34before July 1, 2009, that provides for the support of a child
35may be satisfied as provided in this section.
-663-1 Sec. 944. Section 252E.4, subsection 1, Code 2023, is
2amended to read as follows:
31. When a support order requires an obligor to provide
4coverage under a health benefit plan other than public
5coverage, the district court or the department may enter an
6ex parte order directing an employer to take all actions
7necessary to enroll an obligor’s dependent for coverage under
8a health benefit plan or may include the provisions in an ex
9parte income withholding order or notice of income withholding
10pursuant to chapter 252D. The child Child support recovery
11unit services, where appropriate, shall issue a national
12medical support notice to an employer within two business days
13after the date information regarding a newly hired employee is
14entered into the centralized employee registry and matched with
15a noncustodial parent in the case being enforced by the unit
16 child support services, or upon receipt of other employment
17information for such parent. The department may amend the
18information in the ex parte order or may amend or terminate
19the national medical support notice regarding health insurance
20provisions if necessary to comply with health insurance
21requirements including but not limited to the provisions of
22section 252E.2, subsection 2, or to correct a mistake of fact.
23 Sec. 945. Section 252E.5, subsection 8, paragraph g,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) If the obligor is not enrolled in a health benefit
26plan or is not enrolled in a health benefit plan that offers
27dependent coverage, if more than one plan with dependent
28coverage is offered by the employer, and if the notice is
29issued by the child support recovery unit services, all of the
30following shall apply:
31(a) If only one of the plans is accessible to the dependent,
32that plan shall be selected. If none of the plans with
33dependent coverage is accessible to the dependent, the unit
34 child support services shall amend or terminate the notice.
35(b) If more than one of the plans is accessible to the
-664-1dependent, the plan selected shall be the plan that provides
2basic coverage for which the employee’s share of the premium
3is lowest.
4(c) If more than one of the plans is accessible to the
5dependent but none of the accessible plans provides basic
6coverage, the plan selected shall be a plan that is accessible
7and for which the employee’s share of the premium is lowest.
8(d) If the employee’s share of the premiums is the same
9under all plans described in subparagraph (b) or (c), the
10unit child support services shall attempt to consult with the
11obligee when selecting the plan. If the obligee does not
12respond within ten days of the unit’s child support services’
13 attempt, the unit child support services shall select a plan
14which shall be the plan’s default option, if any, or the plan
15with the lowest deductibles and copayment requirements.
16 Sec. 946. Section 252E.5, subsection 8, paragraph h,
17subparagraph (2), Code 2023, is amended to read as follows:
18(2) If the dependent is or is to be enrolled, notify the
19obligor, the obligee, and the child and furnish the obligee
20with necessary information. Provide the child support recovery
21unit services with the type of health benefit plan under which
22the dependent has been enrolled, including whether dental,
23optical, office visits, and prescription drugs are covered
24services.
25 Sec. 947. Section 252E.6A, subsections 1 and 3, Code 2023,
26are amended to read as follows:
271. An obligor may move to quash the order to the employer
28under section 252E.4 by following the same procedures and
29alleging a mistake of a fact as provided in section 252D.31
30or as provided in subsection 2. If the unit child support
31services is enforcing an income withholding order and a medical
32support order simultaneously, any challenge to the income
33withholding order and medical support enforcement shall be
34filed and heard simultaneously.
353. The employer shall comply with the requirements of this
-665-1chapter until the employer receives notice that a motion to
2quash has been granted, or that the unit child support services
3 has amended or terminated the national medical support notice.
4 Sec. 948. Section 252F.1, Code 2023, is amended to read as
5follows:
6252F.1 Definitions.
7As used in this chapter unless the context otherwise
8requires:
91. “Administrator” means the administrator of the child
10support recovery unit of the department of human services or
11the administrator’s designee.
122. 1. “Child” means a person who is less than age eighteen
13or a person who is age eighteen but less than age nineteen
14and is engaged full-time in completing high school graduation
15or equivalency requirements in a manner which is reasonably
16expected to result in completion of the requirements prior to
17the person reaching age nineteen.
182. “Child support services” means the same as child support
19services created in section 252B.2.
203. “Department” means the department of health and human
21services.
224. “Director” means the director of health and human
23services.
243. 5. “Mother” means a mother of the child for whom
25paternity is being established.
264. 6. “Party” means a putative father or a mother, as named
27in an action.
285. 7. “Paternity is at issue” means any of the following
29conditions:
30a. A child was not born or conceived within marriage.
31b. A child was born or conceived within marriage but a court
32has declared that the child is not the issue of the marriage.
336. 8. “Paternity test” means and includes any form of
34blood, tissue, or genetic testing administered to determine the
35biological father of a child.
-666- 17. 9. “Putative father” means a person alleged to be the
2biological father of a child.
38. “Unit” means the child support recovery unit created in
4section 252B.2.
5 Sec. 949. Section 252F.2, Code 2023, is amended to read as
6follows:
7252F.2 Jurisdiction.
81. In any case in which the unit child support services
9 is providing services pursuant to chapter 252B and paternity
10is at issue, proceedings may be initiated by the unit child
11support services pursuant to this chapter for the sole purpose
12of establishing paternity and any accrued or accruing child
13support or medical support obligations. Proceedings under
14this chapter are in addition to other means of establishing
15paternity or support. Issues in addition to establishment of
16paternity or support obligations shall not be addressed in
17proceedings initiated under this chapter.
182. An action to establish paternity and support under this
19chapter may be brought within the time limitations set forth
20in section 614.8.
21 Sec. 950. Section 252F.3, Code 2023, is amended to read as
22follows:
23252F.3 Notice of alleged paternity and support debt —
24conference — request for hearing.
251. The unit Child support services may prepare a notice
26of alleged paternity and support debt to be served on a
27party if the mother of the child or a government official
28with knowledge of the circumstances of possible paternity
29relying on government records provides a written statement
30to the department of human services certifying in accordance
31with section 622.1 that the putative father is or may be the
32biological father of the child or children involved. The
33notice shall be accompanied by a copy of the statement and
34served on the putative father in accordance with rule of civil
35procedure 1.305. Service upon the mother shall not constitute
-667-1valid service upon the putative father. The notice shall
2include or be accompanied by all of the following:
3a. The name of the recipient of services under chapter 252B
4and the name and birth date of the child or children involved.
5b. A statement that the putative father has been named as
6the biological father of the child or children named.
7c. A statement that if paternity is established, the
8amount of the putative father’s monthly support obligation
9and the amount of the support debt accrued and accruing will
10be established in accordance with the guidelines established
11in section 598.21B, and the criteria established pursuant to
12section 252B.7A.
13d. A statement that if paternity is established, a party has
14a duty to provide accrued and accruing medical support to the
15child or children in accordance with chapter 252E.
16e. A written explanation of the procedures for determining
17the child support obligation and a request for financial or
18income information as necessary for application of the child
19support guidelines established pursuant to section 598.21B.
20f. (1) The right of a party to request a conference
21with the unit child support services to discuss paternity
22establishment and the amount of support that a party may be
23required to provide, within ten days of the date of service of
24the original notice or, if paternity is contested and paternity
25testing is conducted, within ten days of the date the paternity
26test results are issued or mailed to a party by the unit child
27support services.
28(2) A statement that if a conference is requested, a party
29shall have one of the following time frames, whichever is the
30latest, to send a written request for a court hearing on the
31issue of support to the unit child support services:
32(a) Ten days from the date set for the conference.
33(b) Twenty days from the date of service of the original
34notice.
35(c) If paternity was contested and paternity testing
-668-1was conducted, and a party does not deny paternity after the
2testing or challenge the paternity test results, twenty days
3from the date paternity test results are issued or mailed by
4the unit child support services to the party.
5(3) A statement that after the holding of the conference,
6the unit child support services shall issue a new notice of
7alleged paternity and finding of financial responsibility for
8child support or medical support, or both, to be provided in
9person to each party or sent to each party by regular mail
10addressed to the party’s last known address or, if applicable,
11to the last known address of the party’s attorney.
12(4) A statement that if the unit child support services
13 issues a new notice of alleged paternity and finding of
14financial responsibility for child support or medical support,
15or both, a party shall have one of the following time frames,
16whichever is the latest, to send a written request for a court
17hearing on the issue of support to the unit child support
18services:
19(a) Ten days from the date of issuance of the new notice.
20(b) Twenty days from the date of service of the original
21notice.
22(c) If paternity was contested and paternity testing
23conducted, and a party does not deny paternity after the
24testing or challenge the paternity test results, twenty days
25from the date the paternity test results are issued or mailed
26to the party by the unit child support services.
27g. A statement that if a conference is not requested, and
28a party does not deny paternity or challenge the results of
29any paternity testing conducted but objects to the finding
30of financial responsibility or the amount of child support
31or medical support, or both, the party shall send a written
32request for a court hearing on the issue of support to the
33unit child support services within twenty days of the date of
34service of the original notice, or, if paternity was contested
35and paternity testing conducted, and a party does not deny
-669-1paternity after the testing or challenge the paternity test
2results, within twenty days from the date the paternity test
3results are issued or mailed to the party by the unit child
4support services, whichever is later.
5h. A statement that if a timely written request for a
6hearing on the issue of support is received by the unit
7 child support services, the party shall have the right to a
8hearing to be held in district court and that if no timely
9written request is received and paternity is not contested,
10the administrator department shall enter an order establishing
11the putative father as the father of the child or children and
12establishing child support or medical support, or both, in
13accordance with the notice of alleged paternity and support
14debt.
15i. A written explanation of the rights and responsibilities
16associated with the establishment of paternity.
17j. A written explanation of a party’s right to deny
18paternity, the procedures for denying paternity, and the
19consequences of the denial.
20k. A statement that if a party contests paternity, the party
21shall have twenty days from the date of service of the original
22notice to submit a written denial of paternity to the unit
23 child support services.
24l. A statement that if paternity is contested, the unit
25 child support services shall, at the request of the party
26contesting paternity or on its own initiative, enter an
27administrative order requiring the putative father, mother, and
28child or children involved, to submit to paternity testing.
29m. A statement that if paternity tests are conducted, the
30unit child support services shall provide a copy of the test
31results to each party in person or send a copy to each party
32by regular mail, addressed to the party’s last known address,
33or, if applicable, to the last known address of the party’s
34attorney.
35n. A statement setting forth the time frames for contesting
-670-1paternity after paternity tests are conducted.
2o. Other information as the unit child support services
3 finds appropriate.
42. The time limitations established for the notice
5provisions under subsection 1 are binding unless otherwise
6specified in this chapter or waived pursuant to section 252F.8.
73. a. If notice is served on a party, the unit child
8support services shall file a true copy of the notice and the
9original return of service with the appropriate clerk of the
10district court as follows:
11(1) In the county in which the child or children reside if
12the action is for purposes of establishing paternity and future
13child or medical support, or both.
14(2) In the county in which the child or children involved
15last received public assistance benefits in the state, if
16the action is for purposes of establishing paternity and
17child or medical support, or both, only for prior periods of
18time when the child or children received public assistance,
19and no ongoing child or medical support obligation is to be
20established by this action.
21(3) If the action is the result of a request from another
22state or foreign country to establish paternity of a putative
23father located in Iowa, in the county in which the putative
24father resides.
25b. All subsequent documents filed or court hearings held
26related to the action shall be in the district court in the
27county in which notice was filed pursuant to this subsection.
28The clerk shall file and docket the action.
294. A party or the child support recovery unit services may
30request a court hearing regarding establishment of paternity or
31a determination of support, or both.
32a. Upon receipt of a timely written response requesting
33a hearing or on its own initiative, the unit child support
34services shall certify the matter for hearing in the district
35court in the county where the original notice of alleged
-671-1paternity and support debt is filed, in accordance with section
2252F.5.
3b. If paternity establishment was contested and paternity
4tests conducted, a court hearing on the issue of paternity
5shall be held no earlier than thirty days from the date
6paternity test results are issued to all parties by the unit
7 child support services, unless the parties mutually agree to
8waive the time frame pursuant to section 252F.8.
9c. Any objection to the results of paternity tests shall be
10filed no later than twenty days after the date paternity test
11results are issued or mailed to each party by the unit child
12support services. Any objection to paternity test results
13filed by a party more than twenty days after the date paternity
14tests are issued or mailed to the party by the unit child
15support services shall not be accepted or considered by the
16court.
175. If a timely written response and request for a court
18hearing is not received by the unit child support services and
19a party does not deny paternity, the administrator department
20 shall enter an order in accordance with section 252F.4.
216. a. If a party contests the establishment of paternity,
22the party shall submit, within twenty days of service of the
23notice on the party under subsection 1, a written statement
24contesting paternity establishment to the unit child support
25services. Upon receipt of a written challenge of paternity
26establishment, or upon initiation by the unit child support
27services, the administrator department shall enter ex parte
28administrative orders requiring the mother, child or children
29involved, and the putative father to submit to paternity
30testing, except that if the mother and child or children
31previously submitted blood or genetic specimens in a prior
32action to establish paternity against a different putative
33father, the previously submitted specimens and prior results,
34if available, may be utilized for testing in this action.
35Either the mother or putative father may contest paternity
-672-1under this chapter.
2b. The orders shall be filed with the clerk of the district
3court in the county where the notice was filed and have the
4same force and effect as a court order for paternity testing.
5c. The unit Child support services shall issue copies of the
6respective administrative orders for paternity testing to the
7mother and putative father in person, or by regular mail to the
8last known address of each, or if applicable, to the last known
9address of the attorney for each.
10d. If a paternity test is ordered under this section,
11the administrator department shall direct that inherited
12characteristics be analyzed and interpreted, and shall appoint
13an expert qualified as an examiner of genetic markers to
14analyze and interpret the results. The test shall be of a type
15generally acknowledged as reliable by accreditation entities
16designated by the secretary of the United States department
17of health and human services and shall be performed by a
18laboratory approved by an accreditation entity.
19e. The party contesting paternity shall be provided one
20opportunity to reschedule the paternity testing appointment if
21the testing is rescheduled prior to the date of the originally
22scheduled appointment.
23f. An original copy of the test results shall be filed with
24the clerk of the district court in the county where the notice
25was filed. The child Child support recovery unit services
26 shall issue a copy of the filed test results to each party in
27person, or by regular mail to the last known address of each,
28or if applicable, to the last known address of the attorney
29for each. However, if the action is the result of a request
30from another state or foreign country, the unit child support
31services shall issue a copy of the results to the initiating
32agency in that jurisdiction.
33g. Verified documentation of the chain of custody of the
34blood or genetic specimens is competent evidence to establish
35the chain of custody. The testimony of the appointed expert is
-673-1not required. A verified expert’s report of test results which
2indicate a statistical probability of paternity is sufficient
3authenticity of the expert’s conclusion.
4h. A verified expert’s report shall be admitted as evidence
5to establish administrative paternity, and, if a court hearing
6is scheduled to resolve the issue of paternity, shall be
7admitted as evidence and is admissible at trial.
8i. If the verified expert concludes that the test results
9show that the putative father is not excluded and that the
10probability of the putative father’s paternity is ninety-five
11percent or higher, there shall be a rebuttable presumption that
12the putative father is the biological father, and the evidence
13shall be sufficient as a basis for administrative establishment
14of paternity.
15(1) In order to challenge the presumption of paternity, a
16party shall file a written notice of the challenge with the
17district court within twenty days from the date the paternity
18test results are issued or mailed to all parties by the unit
19 child support services. Any challenge to a presumption of
20paternity resulting from paternity tests, or to paternity test
21results filed after the lapse of the twenty-day time frame
22shall not be accepted or admissible by the unit child support
23services or the court.
24(2) A copy of the notice challenging the presumption of
25paternity shall be provided to any other party in person, or
26by mailing the notice to the last known address of each party,
27or if applicable, to the last known address of each party’s
28attorney.
29(3) The party challenging the presumption of paternity
30has the burden of proving that the putative father is not the
31father of the child.
32(4) The presumption of paternity may be rebutted only by
33clear and convincing evidence.
34j. If the verified expert concludes that the test results
35indicate that the putative father is not excluded and that
-674-1the probability of the putative father’s paternity is less
2than ninety-five percent, the administrator department shall
3order a subsequent administrative paternity test or certify the
4case to the district court for resolution in accordance with
5the procedures and time frames specified in paragraph “i” and
6section 252F.5.
7k. If the results of the test or the verified expert’s
8analysis are timely challenged as provided in this subsection,
9the administrator department, upon the request of a party
10and advance payment by the contestant or upon the unit’s own
11 initiative of child support services, shall order that an
12additional test be performed by the same laboratory or an
13independent laboratory. If the party requesting additional
14testing does not advance payment, the administrator department
15 shall certify the case to the district court in accordance with
16paragraph “i” and section 252F.5.
17l. When a subsequent paternity test is conducted, the time
18frames in this chapter associated with paternity tests shall
19apply to the most recently completed test.
20m. If the paternity test results exclude the putative father
21as a potential biological father of the child or children,
22and additional tests are not requested by either party or
23conducted on the unit’s initiative of child support services,
24or if additional tests exclude the putative father as a
25potential biological father, the unit child support services
26 shall withdraw its action against the putative father and
27shall file a notice of the withdrawal with the clerk of the
28district court, and shall provide a copy of the notice to each
29party in person, or by regular mail sent to each party’s last
30known address, or if applicable, the last known address of the
31party’s attorney.
32n. Except as provided in paragraph “k”, the unit child
33support services shall advance the costs of genetic testing.
34If paternity is established and paternity testing was
35conducted, the unit child support services shall enter an order
-675-1or, if the action proceeded to a court hearing, request that
2the court enter a judgment for the costs of the paternity tests
3consistent with applicable federal law. In a proceeding under
4this chapter, a copy of a bill for genetic testing shall be
5admitted as evidence without requiring third-party foundation
6testimony and shall constitute prima facie evidence of the
7amount incurred for genetic testing.
8 Sec. 951. Section 252F.4, Code 2023, is amended to read as
9follows:
10252F.4 Entry of order.
111. If each party fails to respond to the initial notice
12within twenty days after the date of service of the notice or
13fails to appear at a conference pursuant to section 252F.3 on
14the scheduled date of the conference, and paternity has not
15been contested and each party fails to timely request a court
16hearing on the issue of support, the administrator department
17 shall enter an order against the parties, declaring the
18putative father to be the legal father of the child or children
19involved and assessing any accrued and accruing child support
20obligation pursuant to the guidelines established under section
21598.21B, and medical support pursuant to chapter 252E.
222. If paternity is contested pursuant to section 252F.3,
23subsection 6, and the party contesting paternity fails to
24appear for a paternity test and fails to request a rescheduling
25pursuant to section 252F.3, or fails to appear for both the
26initial and the rescheduled paternity tests and each party
27fails to timely request a court hearing on the issue of
28support, the administrator department shall enter an order
29against the parties declaring the putative father to be the
30legal father of the child or children involved and assessing
31any accrued and accruing child support obligation pursuant to
32the guidelines established under section 598.21B, and medical
33support pursuant to chapter 252E.
343. If a conference pursuant to section 252F.3 is held,
35and paternity is not contested, and each party fails to
-676-1timely request a court hearing on the issue of support, the
2administrator department shall enter an order against the
3parties after the second notice has been sent declaring the
4putative father to be the legal father of the child or children
5involved and assessing any accrued and accruing child support
6obligation pursuant to the guidelines established under section
7598.21B, and medical support pursuant to chapter 252E.
84. If paternity was contested and paternity testing was
9performed and the putative father was not excluded, if the
10test results indicate that the probability of the putative
11father’s paternity is ninety-five percent or greater, if the
12test results are not timely challenged, and if each party fails
13to timely request a court hearing on the issue of support,
14the administrator department shall enter an order against the
15parties declaring the putative father to be the legal father of
16the child or children involved and assessing any accrued and
17accruing child support obligation pursuant to the guidelines
18established under section 598.21B, and medical support pursuant
19to chapter 252E.
205. The administrator department shall establish a support
21obligation under this section based upon the best information
22available to the unit child support services and pursuant to
23section 252B.7A.
246. The order shall contain all of the following:
25a. A declaration of paternity.
26b. The amount of monthly support to be paid, with direction
27as to the manner of payment.
28c. The amount of accrued support.
29d. The name of the custodial parent or caretaker.
30e. The name and birth date of the child or children to whom
31the order applies.
32f. A statement that property of a party ordered to provide
33support is subject to income withholding, liens, garnishment,
34tax offset, and other collection actions.
35g. The medical support required pursuant to chapter 598 and
-677-1chapter 252E.
2h. A statement that a party who is ordered to provide
3support is required to inform the child support recovery unit
4 services, on a continuing basis, of the name and address of
5the party’s current employer, whether the party has access to
6health insurance coverage as required in the order, and if so,
7the health insurance policy information.
8i. If paternity was contested by the putative father, the
9amount of any judgment assessed to the father for costs of
10paternity tests conducted pursuant to this chapter.
11j. Statements as required pursuant to section 598.22B.
127. If paternity is not contested but a party does wish
13to challenge the issues of child or medical support, the
14administrator department shall enter an order establishing
15paternity and reserving the issues of child or medical support
16for determination by the district court.
17 Sec. 952. Section 252F.5, Code 2023, is amended to read as
18follows:
19252F.5 Certification to district court.
201. Actions initiated under this chapter are not subject
21to contested case proceedings or further review pursuant to
22chapter 17A.
232. An action under this chapter may be certified to
24the district court if a party timely contests paternity
25establishment or paternity test results, or if a party requests
26a court hearing on the issues of child or medical support, or
27both, or upon the initiation of the unit child support services
28 as provided in this chapter. Review by the district court
29shall be an original hearing before the court.
303. In any action brought under this chapter, the action
31shall not be certified to the district court in a contested
32paternity action unless all of the following have occurred:
33a. Paternity testing has been completed.
34b. The results of the paternity test have been issued to all
35parties.
-678- 1c. A timely written objection to paternity establishment
2or paternity test results has been received from a party, or
3a timely written request for a court hearing on the issue
4of support has been received from a party by the unit child
5support services, or the unit child support services has
6requested a court hearing on the unit’s child support services’
7 own initiative.
84. A matter shall be certified to the district court in
9the county in which the notice was filed pursuant to section
10252F.3, subsection 3.
115. The court shall set the matter for hearing and notify the
12parties of the time of and place for hearing.
136. If the court determines that the putative father is
14the legal father, the court shall establish the amount of the
15accrued and accruing child support pursuant to the guidelines
16established under section 598.21B, and shall establish medical
17support pursuant to chapter 252E.
187. If the putative father or another party contesting
19paternity fails to appear at the hearing, upon a showing
20that proper notice has been provided to the party, the court
21shall find the party in default and enter an appropriate order
22establishing paternity and support.
23 Sec. 953. Section 252F.6, Code 2023, is amended to read as
24follows:
25252F.6 Filing with the district court.
26Following issuance of an order by the administrator
27 department, the order shall be presented to an appropriate
28district court judge for review and approval. Unless a defect
29appears on the face of the order, the district court shall
30approve the order. Upon approval by the district court judge,
31the order shall be filed in the district court in the county
32in which the notice was filed pursuant to section 252F.3,
33subsection 3. Upon filing, the order has the same force and
34effect as a district court order.
35 Sec. 954. Section 252F.7, Code 2023, is amended to read as
-679-1follows:
2252F.7 Report to state registrar of vital records statistics.
3Upon the filing of an order with the district court pursuant
4to this chapter, the clerk of the district court shall report
5the information from the order to the bureau of state registrar
6of vital records statistics in the manner provided in section
7600B.36.
8 Sec. 955. Section 252F.8, Code 2023, is amended to read as
9follows:
10252F.8 Waiver of time limitations.
111. A putative father or other party may waive the time
12limitations established in this chapter.
132. If a party does not contest paternity or wish to request
14a conference or court hearing on the issue of support, upon
15receipt of a signed statement from the putative father and
16any other party that may contest establishment of paternity,
17waiving the time limitations, the administrator department
18 shall enter an order establishing paternity and support and the
19court may approve the order, notwithstanding the expiration of
20the period of the time limitations if paternity is established.
213. If a putative father or other party waives the time
22limitations and an order establishing paternity or determining
23support, or both, is entered under this chapter, the signed
24statement of the putative father and other party waiving the
25time limitations shall be filed with the order.
26 Sec. 956. Section 252G.1, Code 2023, is amended to read as
27follows:
28252G.1 Definitions.
29As used in this chapter, unless the context otherwise
30requires:
311. “Business day” means a day on which state offices are
32open for regular business.
332. “Child support services” means child support services
34created in section 252B.2.
352. 3. “Compensation” means payment owed by the payor of
-680-1income for:
2a. Labor or services rendered by an employee or contractor
3to the payor of income.
4b. Benefits including, but not limited to, vacation,
5holiday, and sick leave, and severance payments which are due
6an employee under an agreement with the employer or under a
7policy of the employer.
83. 4. “Contractor” means a natural person who is eighteen
9years of age or older, who performs labor in this state to
10whom a payor of income makes payments which are not subject to
11withholding and for whom the payor of income is required by the
12internal revenue service to complete a 1099-MISC form.
134. 5. “Date of hire” means either of the following:
14a. The first day for which an employee is owed compensation
15by the payor of income.
16b. The first day that a contractor performs labor or
17services for the payor of income.
185. 6. “Days” means calendar days.
196. 7. “Department” means the department of health and human
20services.
217. 8. “Dependent” includes a spouse or child or any other
22person who is in need of and entitled to support from a person
23who is declared to be legally liable for the support of that
24dependent.
258. 9. “Employee” means a natural person who performs labor
26in this state and is employed by an employer in this state for
27compensation and for whom the employer withholds federal or
28state tax liabilities from the employee’s compensation.
299. 10. “Employer” means a person doing business in this
30state who engages an employee for compensation and for whom the
31employer withholds federal or state tax liabilities from the
32employee’s compensation. “Employer” includes any governmental
33entity and any labor organization.
3410. 11. “Labor organization” means any organization of
35any kind, or any agency, or employee representation committee
-681-1or plan, in which employees participate and which exists for
2the purpose, in whole or in part, of dealing with employers
3concerning grievances, labor disputes, wages, rates of pay,
4hours of employment, or conditions of work.
511. 12. “Natural person” means an individual and not a
6corporation, government, business trust, estate, partnership,
7proprietorship, or other legal entity, however organized.
812. 13. “Payor of income” includes both an employer and a
9person engaged in a trade or business in this state who engages
10a contractor for compensation.
1113. 14. “Registry” means the central employee registry
12created in section 252G.2.
1314. 15. “Rehire” means the first day for which an employee
14is owed compensation by the payor of income following a
15termination of employment lasting a minimum of six consecutive
16weeks. Termination of employment does not include temporary
17separations from employment such as unpaid medical leave, an
18unpaid leave of absence, or a temporary layoff.
1915. “Unit” means the child support recovery unit created in
20section 252B.2.
21 Sec. 957. Section 252G.2, Code 2023, is amended to read as
22follows:
23252G.2 Establishment of central employee registry.
24By January 1, 1994, the unit Child support services shall
25establish a centralized employee registry database for the
26purpose of receiving and maintaining information on newly hired
27or rehired employees from employers. The unit Child support
28services shall establish the database and the department may
29adopt rules in conjunction with the department of revenue and
30the department of workforce development to identify appropriate
31uses of the registry and to implement this chapter, including
32implementation through the entering of agreements pursuant to
33chapter 28E.
34 Sec. 958. Section 252G.3, subsection 3, paragraphs b and d,
35Code 2023, are amended to read as follows:
-682- 1b. By submitting electronic media in a format approved by
2the unit child support services in advance.
3d. By any other means authorized by the unit child support
4services in advance if the means will result in timely
5reporting.
6 Sec. 959. Section 252G.4, subsection 1, paragraph a,
7unnumbered paragraph 1, Code 2023, is amended to read as
8follows:
9Beginning January 1, 1994, a A payor of income to whom
10section 252G.3 is inapplicable, who enters into an agreement
11for the performance of services with a contractor, shall report
12the contractor to the registry. Payors of income shall report
13contractors performing labor under an agreement within fifteen
14days of the date on which all of the following conditions are
15met:
16 Sec. 960. Section 252G.4, subsection 3, Code 2023, is
17amended to read as follows:
183. A payor of income required to report under this section
19may report the information required under subsection 1 by any
20written means authorized by the unit child support services
21 which results in timely reporting.
22 Sec. 961. Section 252G.5, subsection 1, Code 2023, is
23amended to read as follows:
241. The unit Child support services for program
25 administration of the child support enforcement program,
26including but not limited to activities related to
27establishment and enforcement of child and medical support
28obligations through administrative or judicial processes, and
29other services authorized pursuant to chapter 252B.
30 Sec. 962. Section 252G.7, Code 2023, is amended to read as
31follows:
32252G.7 Data entry and transmitting centralized employee
33registry records to the national new hire registry.
34The unit Child support services shall enter new hire data
35into the centralized employee directory database within five
-683-1business days of receipt from employers and shall transmit the
2records of the centralized employee registry to the national
3directory of new hires within three business days after the
4date information regarding a newly hired employee is entered
5into the centralized employee registry.
6 Sec. 963. Section 252G.8, Code 2023, is amended to read as
7follows:
8252G.8 Income withholding requirements.
9Within two business days after the date information
10regarding a newly hired employee is entered into the
11centralized employee registry and matched with obligors in
12cases being enforced by the unit child support services, the
13unit child support services shall transmit a notice to the
14employer or payor of income of the employee directing the
15employer or payor of income to withhold from the income of the
16employee in accordance with chapter 252D.
17 Sec. 964. Section 252H.1, Code 2023, is amended to read as
18follows:
19252H.1 Purpose and intent.
20This chapter is intended to provide a means for state
21compliance with Tit.IV-D of the federal Social Security
22Act, as amended, requiring states to provide procedures for
23the review and adjustment of support orders being enforced
24under Tit.IV-D of the federal Social Security Act, and also
25to provide an expedited modification process when review
26and adjustment procedures are not required, appropriate, or
27applicable. Actions under this chapter shall be initiated only
28by the child support recovery unit services.
29 Sec. 965. Section 252H.2, Code 2023, is amended to read as
30follows:
31252H.2 Definitions.
321. As used in this chapter, unless the context otherwise
33requires, “administrator”, “caretaker”, “court order”,
34“department”, “dependent child”, “medical support”, and
35“responsible person” mean the same as defined in section 252C.1.
-684- 12. As used in this chapter, unless the context otherwise
2requires:
3a. “Act” means the federal Social Security Act.
4b. “Adjustment” applies only to the child support provisions
5of a support order and means either of the following:
6(1) A change in the amount of child support based upon
7an application of the child support guidelines established
8pursuant to section 598.21B.
9(2) An addition of or change to provisions for medical
10support as provided in chapter 252E.
11c. “Child” means a child as defined in section 252B.1.
12d. “Child support agency” means any state, county, or local
13office or entity of another state that has the responsibility
14for providing child support enforcement services under Tit.
15IV-D of the Act.
16e. “Child support recovery unit” or “unit” “Child support
17services” means the child support recovery unit services created
18pursuant to in section 252B.2.
19f. “Cost-of-living alteration” means a change in an existing
20child support order which equals an amount which is the
21amount of the support obligation following application of the
22percentage change of the consumer price index for all urban
23consumers, United States city average, as published in the
24federal register by the federal department of labor, bureau of
25labor statistics.
26g. “Determination of controlling order” means the process
27of identifying a child support order which must be recognized
28pursuant to section 252K.207 and 28 U.S.C. §1738B, when
29more than one state has issued a support order for the same
30child and the same obligor, and may include a reconciliation
31of arrearages with information related to the calculation.
32Registration of an order of another state or foreign country is
33not necessary for a court or the unit child support services to
34make a determination of controlling order.
35h. “Modification” means either of the following:
-685- 1(1) A change, correction, or termination of an existing
2support order.
3(2) The establishment of a child or medical support
4obligation in a previously established order entered
5pursuant to chapter 234, 252A, 252C, 598, 600B, or any other
6support proceeding, in which such support was not previously
7established, or in which support was previously established
8and subsequently terminated prior to the emancipation of the
9children affected.
10i. “Parent” means, for the purposes of requesting a review
11of a support order and for being entitled to notice under this
12chapter:
13(1) The individual ordered to pay support pursuant to the
14order.
15(2) An individual or entity entitled to receive current or
16future support payments pursuant to the order, or pursuant to a
17current assignment of support including but not limited to an
18agency of this or any other state that is currently providing
19public assistance benefits to the child for whom support is
20ordered and any child support agency. Service of notice of
21an action initiated under this chapter on an agency is not
22required, but the agency may be advised of the action by other
23means.
24j. “Public assistance” means benefits received in this state
25or any other state, under Tit.IV-A (temporary assistance to
26needy families), IV-E (foster care), or XIX (Medicaid) of the
27Act.
28k. “Review” means an objective evaluation conducted through
29a proceeding before a court, administrative body, or an agency,
30of information necessary for the application of a state’s
31mandatory child support guidelines to determine:
32(1) The appropriate monetary amount of support.
33(2) Provisions for medical support.
34l. “State” means “state” as defined in chapter 252K.
35m. “Support order” means an order for support issued
-686-1pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E,
2252F, 598, 600B, or any other applicable chapter, or under
3a comparable statute of another state or foreign country as
4registered with the clerk of court or certified to the child
5support recovery unit services.
6 Sec. 966. Section 252H.3, subsections 2 and 3, Code 2023,
7are amended to read as follows:
82. Nonsupport issues shall not be considered by the unit
9 child support services or the court in any action resulting
10under this chapter.
113. Actions initiated by the unit child support services
12 under this chapter shall not be subject to contested case
13proceedings or further review pursuant to chapter 17A and
14resulting court hearings following certification shall be an
15original hearing before the district court.
16 Sec. 967. Section 252H.4, Code 2023, is amended to read as
17follows:
18252H.4 Role of the child support recovery unit services.
191. The unit Child support services may administratively
20adjust or modify or may provide for an administrative
21cost-of-living alteration of a support order entered under
22chapter 234, 252A, 252C, 598, or 600B, or any other support
23chapter if the unit child support services is providing
24enforcement services pursuant to chapter 252B.The unit
25 Child support services is not required to intervene to
26administratively adjust or modify or provide for an
27administrative cost-of-living alteration of a support order
28under this chapter.
292. The unit Child support services is a party to an action
30initiated pursuant to this chapter.
313. The unit Child support services shall conduct a review
32to determine whether an adjustment is appropriate or, upon
33the request of a parent or upon the unit’s child support
34services’ own initiative, determine whether a modification is
35appropriate.
-687- 14. The unit Child support services shall adopt rules
2pursuant to chapter 17A to establish the process for the review
3of requests for adjustment, the criteria and procedures for
4conducting a review and determining when an adjustment is
5appropriate, the procedure and criteria for a cost-of-living
6alteration, the criteria and procedure for a request for review
7pursuant to section 252H.18A, and other rules necessary to
8implement this chapter.
95. Legal representation of the unit child support services
10 shall be provided pursuant to section 252B.7, subsection 4.
11 Sec. 968. Section 252H.5, Code 2023, is amended to read as
12follows:
13252H.5 Fees and cost recovery for review — adjustment —
14modification.
151. Unless the unit child support services is already
16providing support enforcement service pursuant to chapter 252B,
17a parent ordered to provide support, who requests a review of a
18support order under subchapter II, shall file an application
19for services pursuant to section 252B.4.
202. A parent requesting a service shall pay the fee
21established for that service as established under this
22subsection. The fees established are not applicable to a
23parent who as a condition of eligibility for receiving public
24assistance benefits has assigned the rights to child or medical
25support for the order to be reviewed. The following fees shall
26be paid for the following services:
27a. A fee for conducting the review, to be paid at the time
28the request for review is submitted to the unit child support
29services. If the request for review is denied for any reason,
30the fee shall be refunded to the parent making the request.
31Any request submitted without full payment of the fee shall be
32denied.
33b. A fee for a second review requested pursuant to section
34252H.17, to be paid at the time the request for the second
35review is submitted to the unit child support services. Any
-688-1request submitted without full payment of the fee shall be
2denied.
3c. A fee for activities performed by the unit child support
4services in association with a court hearing requested pursuant
5to section 252H.8.
6d. A fee for activities performed by the unit child support
7services in entering an administrative order to adjust support
8when neither parent requests a court hearing pursuant to
9section 252H.8. The fee shall be paid during the postreview
10waiting period under section 252H.17. If the fee is not paid
11in full during the postreview notice period, further action
12shall not be taken by the unit child support services to adjust
13the order unless the parent not requesting the adjustment
14pays the fee in full during the postreview waiting period,
15or unless the children affected by the order reviewed are
16currently receiving public assistance benefits and the proposed
17adjustment would result in either an increase in the amount of
18support or in provisions for medical support for the children.
19e. A fee for conducting a conference requested pursuant to
20section 252H.20.
213. A parent who requests a review of a support order
22pursuant to section 252H.13, shall pay any service of process
23fees for service or attempted service of the notice required
24in section 252H.15. The unit Child support services shall not
25proceed to conduct a review pursuant to section 252H.16 until
26service of process fees have been paid in full. The service of
27process fee requirement of this subsection is not applicable
28to a parent who as a condition of eligibility for public
29assistance benefits has assigned the rights to child or medical
30support for the order to be reviewed. Service of process fees
31charged by a person other than the unit child support services
32 are distinct from any other fees and recovery of costs provided
33for in this section.
344. The unit Child support services shall, consistent with
35applicable federal law, recover administrative costs in excess
-689-1of any fees collected pursuant to subsections 2 and 3 for
2providing services under this chapter and shall adopt rules
3providing for collection of fees for administrative costs.
45. The unit Child support services shall adopt rules
5pursuant to chapter 17A to establish procedures and criteria to
6determine the amount of any fees specified in this section and
7the administrative costs in excess of these fees.
8 Sec. 969. Section 252H.6, Code 2023, is amended to read as
9follows:
10252H.6 Collection of information.
11The unit Child support services may request, obtain, and
12validate information concerning the financial circumstances
13of the parents of a child as necessary to determine the
14appropriate amount of support pursuant to the guidelines
15established in section 598.21B, including but not limited to
16those sources and procedures described in sections 252B.7A and
17252B.9. The collection of information does not constitute a
18review conducted pursuant to section 252H.16.
19 Sec. 970. Section 252H.7, Code 2023, is amended to read as
20follows:
21252H.7 Waiver of notice periods and time limitations.
221. A parent may waive the fifteen-day prereview waiting
23period provided for in section 252H.16.
24a. Upon receipt of signed requests from both parents
25waiving the prereview waiting period, the unit child support
26services may conduct a review of the support order prior to
27the expiration of the fifteen-day period provided in section
28252H.16.
29b. If the parents jointly waive the prereview waiting period
30and the order under review is subsequently adjusted, the signed
31statements of both parents waiving the waiting period shall be
32filed in the court record with the order adjusting the support
33obligation.
342. A parent may waive the postreview waiting period provided
35for in section 252H.8, subsection 2 or 7, for a court hearing
-690-1or in section 252H.17 for requesting of a second review.
2a. Upon receipt of signed requests from both parents subject
3to the order reviewed, waiving the postreview waiting period,
4the unit child support services may enter an administrative
5order adjusting the support order, if appropriate, prior to the
6expiration of the postreview waiting period.
7b. If the parents jointly waive the postreview waiting
8period and an administrative order to adjust the support order
9is entered, the signed statements of both parents waiving the
10waiting period shall be filed in the court record with the
11administrative order adjusting the support obligation.
123. A parent may waive the time limitations established in
13section 252H.8, subsection 3, for requesting a court hearing,
14or in section 252H.20 for requesting a conference.
15a. Upon receipt of signed requests from both parents who
16are subject to the order to be modified, waiving the time
17limitations, the unit child support services may proceed to
18enter an administrative modification order.
19b. If the parents jointly waive the time limitations and
20an administrative modification order is entered under this
21chapter, the signed statements of both parents waiving the
22time limitations shall be filed in the court record with the
23administrative modification order.
24 Sec. 971. Section 252H.8, Code 2023, is amended to read as
25follows:
26252H.8 Certification to court — hearing — default.
271. For actions initiated under section 252H.15, either
28parent or the unit child support services may request a court
29hearing within fifteen days from the date of issuance of the
30notice of decision under section 252H.16, or within ten days
31of the date of issuance of the second notice of decision under
32section 252H.17, whichever is later.
332. For actions initiated under section 252H.14A, either
34parent or the unit child support services may request a court
35hearing within ten days of the issuance of the second notice of
-691-1decision under section 252H.17.
23. For actions initiated under subchapter III, either
3parent or the unit child support services may request a court
4hearing within the latest of any of the following time periods:
5a. Twenty days from the date of successful service of the
6notice of intent to modify required under section 252H.19.
7b. Ten days from the date scheduled for a conference to
8discuss the modification action.
9c. Ten days from the date of issuance of a second notice of
10a proposed modification action.
114. The time limitations for requesting a court hearing
12under this section may be extended by the unit child support
13services.
145. If a timely written request for a hearing is received
15by the unit child support services, a hearing shall be held
16in district court, and the unit child support services shall
17certify the matter to the district court in the county in which
18the order subject to adjustment or modification is filed. The
19certification shall include the following, as applicable:
20a. Copies of the notice of intent to review or notice of
21intent to modify.
22b. The return of service, proof of service, acceptance of
23service, or signed statement by the parent requesting review
24and adjustment or requesting modification, waiving service of
25the notice.
26c. Copies of the notice of decision and any revised notice
27as provided in section 252H.16.
28d. Copies of any written objections to and request for a
29second review or conference or hearing.
30e. Copies of any second notice of decision issued pursuant
31to section 252H.17, or second notice of proposed modification
32action issued pursuant to section 252H.20.
33f. Copies of any financial statements and supporting
34documentation provided by the parents including proof of
35a substantial change in circumstances for a request filed
-692-1pursuant to section 252H.18A.
2g. Copies of any computation worksheet prepared by the
3unit child support services to determine the amount of support
4calculated using the mandatory child support guidelines
5established under section 598.21B, and, if appropriate and the
6social security disability provisions of sections 598.22 and
7598.22C apply, a determination of the amount of delinquent
8support due.
9h. A certified copy of each order, issued by another state
10or foreign country, considered in determining the controlling
11order.
126. The court shall set the matter for hearing and notify the
13parties of the time and place of the hearing.
147. For actions initiated under section 252H.15, a hearing
15shall not be held for at least sixteen days following the date
16of issuance of the notice of decision unless the parents have
17jointly waived, in writing, the fifteen-day postreview period.
188. Pursuant to section 252H.3, the district court shall
19review the matter as an original hearing before the court.
209. Issues subject to review by the court in any hearing
21resulting from an action initiated under this chapter shall be
22limited to the issues identified in section 252H.3.
2310. Notwithstanding any other law to the contrary, if more
24than one support order exists involving children with the same
25legally established parents, one hearing on all of the affected
26support orders shall be held in the district court in the
27county where the unit child support services files the action.
28For the purposes of this subsection, the district court hearing
29the matter shall have jurisdiction over all other support
30orders entered by a court of this state and affected under this
31subsection.
3211. The court shall establish the amount of child support
33pursuant to section 598.21B, or medical support pursuant to
34chapter 252E, or both.
3512. If a party fails to appear at the hearing, upon a
-693-1showing of proper notice to the party, the court may find the
2party in default and enter an appropriate order.
3 Sec. 972. Section 252H.9, Code 2023, is amended to read as
4follows:
5252H.9 Filing and docketing of administrative adjustment or
6modification order — order effective as district court order.
71. If timely request for a court hearing is not made
8pursuant to section 252H.8, the unit child support services
9 shall prepare and present an administrative order for
10adjustment or modification, as applicable, for review and
11approval, ex parte, to the district court where the order to
12be adjusted or modified is filed. Notwithstanding any other
13law to the contrary, if more than one support order exists
14involving children with the same legally established parents,
15for the purposes of this subsection, the district court
16reviewing and approving the matter shall have jurisdiction over
17all other support orders entered by a court of this state and
18affected under this subsection.
192. For orders to which subchapter II or III is applicable,
20the unit child support services shall determine the appropriate
21amount of the child support obligation using the current child
22support guidelines established pursuant to section 598.21B
23and the criteria established pursuant to section 252B.7A and
24shall determine the provisions for medical support pursuant to
25chapter 252E.
263. The administrative order prepared by the unit child
27support services shall specify all of the following:
28a. The amount of support to be paid and the manner of
29payment.
30b. The name of the custodian of any child for whom support
31is to be paid.
32c. The name of the parent ordered to pay support.
33d. The name and birth date of any child for whom support is
34to be paid.
35e. That the property of the responsible person is subject
-694-1to collection action, including but not limited to wage
2withholding, garnishment, attachment of a lien, and other
3methods of execution.
4f. Provisions for medical support.
5g. If applicable, the order determined to be the controlling
6order.
7h. If applicable, the amount of delinquent support due based
8upon the receipt of social security disability payments as
9provided in sections 598.22 and 598.22C.
104. Supporting documents as described in section 252H.8,
11subsection 5, may be presented to the court with the
12administrative order, as applicable.
135. Unless defects appear on the face of the order or on the
14attachments, the district court shall approve the order. Upon
15filing, the approved order shall have the same force, effect,
16and attributes of an order of the district court.
176. Upon filing, the clerk of the district court shall enter
18the order in the judgment docket and judgment lien index.
197. A copy of the order shall be sent by regular mail within
20fourteen days after filing to each parent’s last known address,
21or if applicable, to the last known address of the parent’s
22attorney.
238. The order is final, and action by the unit child support
24services to enforce and collect upon the order, including
25arrearages and medical support, or both, may be taken from the
26date of the entry of the order by the district court.
27 Sec. 973. Section 252H.10, subsection 2, Code 2023, is
28amended to read as follows:
292. The periodic due date established under a prior order
30for payment of child support shall not be changed in any
31order modified as a result of an action initiated under this
32chapter, unless the child support recovery unit services or
33the court determines that good cause exists to change the
34periodic due date. If the unit child support services or the
35court determines that good cause exists, the unit child support
-695-1services or the court shall include the rationale for the
2change in the modified order and shall address the issue of
3reconciliation of any payments due or made under a prior order
4which would result in payment of the child support obligation
5under both the prior and the modified orders.
6 Sec. 974. Section 252H.11, Code 2023, is amended to read as
7follows:
8252H.11 Concurrent actions.
9This chapter does not prohibit or affect the ability or right
10of a parent or the parent’s attorney to file a modification
11action at the parent’s own initiative. If a modification
12action is filed by a parent concerning an order for which an
13action has been initiated but has not yet been completed by the
14unit child support services under this chapter, the unit child
15support services shall terminate any action initiated under
16this chapter, subject to the following:
171. The modification action filed by the parent must address
18the same issues as the action initiated under this chapter.
192. If the modification action filed by the parent is
20subsequently dismissed before being heard by the court,
21the unit child support services shall continue the action
22previously initiated under subchapter II or III, or initiate a
23new action as follows:
24a. If the unit child support services previously initiated
25an action under subchapter II, and had not issued a notice of
26decision as required under section 252H.14A or 252H.16, the
27unit child support services shall proceed as follows:
28(1) If notice of intent to review was served ninety days
29or less prior to the date the modification action filed by the
30parent is dismissed, the unit child support services shall
31complete the review and issue the notice of decision.
32(2) If the modification action filed by the parent is
33dismissed more than ninety days after the original notice of
34intent to review was served, the unit child support services
35 shall serve or issue a new notice of intent to review and
-696-1conduct the review.
2(3) If the unit child support services initiated a review
3under section 252H.14A, the unit child support services may
4issue the notice of decision.
5b. If the unit child support services previously initiated
6an action under subchapter II and had issued the notice of
7decision as required under section 252H.14A or 252H.16, the
8unit child support services shall proceed as follows:
9(1) If the notice of decision was issued ninety days or less
10prior to the date the modification action filed by the parent
11is dismissed, the unit child support services shall request,
12obtain, and verify any new or different information concerning
13the financial circumstances of the parents and issue a revised
14notice of decision to each parent, or if applicable, to the
15parent’s attorney.
16(2) If the modification action filed by the parent is
17dismissed more than ninety days after the date of issuance
18of the notice of decision, the unit child support services
19 shall serve or issue a new notice of intent to review pursuant
20to section 252H.15 and conduct a review pursuant to section
21252H.16, or conduct a review and serve a new notice of decision
22under section 252H.14A.
23c. If the unit child support services previously initiated
24an action under subchapter III, the unit child support services
25 shall proceed as follows:
26(1) If the modification action filed by the parent is
27dismissed more than ninety days after the original notice of
28intent to modify was served, the unit child support services
29 shall serve a new notice of intent to modify pursuant to
30section 252H.19.
31(2) If the modification action filed by the parent is
32dismissed ninety days or less after the original notice of
33intent to modify was served, the unit child support services
34 shall complete the original modification action initiated by
35the unit child support services under this subchapter.
-697- 1(3) Each parent shall be allowed at least twenty days from
2the date the administrative modification action is reinstated
3to request a court hearing as provided for in section 252H.8.
43. If an action initiated under this chapter is terminated
5as the result of a concurrent modification action filed by
6one of the parents or the parent’s attorney, the unit child
7support services shall advise each parent, or if applicable,
8the parent’s attorney, in writing, that the action has been
9terminated and the provisions of subsection 2 of this section
10for continuing or initiating a new action under this chapter.
11The notice shall be issued by regular mail to the last known
12mailing address of each parent, or if applicable, each parent’s
13attorney.
144. If an action initiated under this chapter by the
15unit child support services is terminated as the result
16of a concurrent action filed by one of the parents and is
17subsequently reinstated because the modification action filed
18by the parent is dismissed, the unit child support services
19 shall advise each parent, or if applicable, each parent’s
20attorney, in writing, that the unit child support services is
21continuing the prior administrative adjustment or modification
22action. The notice shall be issued by regular mail to the last
23known mailing address of each parent, or if applicable, each
24parent’s attorney.
25 Sec. 975. Section 252H.12, subsection 3, Code 2023, is
26amended to read as follows:
273. The unit Child support services is providing enforcement
28services for the ongoing support obligation pursuant to chapter
29252B.
30 Sec. 976. Section 252H.13, Code 2023, is amended to read as
31follows:
32252H.13 Right to request review.
33A parent shall have the right to request the review of a
34support order for which the unit child support services is
35currently providing enforcement services of an ongoing child
-698-1support obligation pursuant to chapter 252B including by
2objecting to a cost-of-living alteration pursuant to section
3252H.24, subsections 1 and 2.
4 Sec. 977. Section 252H.14, Code 2023, is amended to read as
5follows:
6252H.14 Reviews initiated by the child support recovery unit
7 services.
81. The unit Child support services may periodically
9initiate a review of support orders meeting the conditions in
10section 252H.12 in accordance with the following:
11a. The right to any ongoing child support obligation is
12currently assigned to the state due to the receipt of public
13assistance.
14b. The support order does not already include provisions for
15medical support.
16c. The review is otherwise necessary to comply with the Act.
172. The unit Child support services may periodically
18initiate a request to a child support agency of another state
19or to a foreign country to conduct a review of a support
20order when the right to any ongoing child or medical support
21obligation due under the order is currently assigned to the
22state of Iowa or if the order does not include provisions for
23medical support.
243. The unit Child support services shall adopt rules
25establishing criteria to determine the appropriateness of
26initiating a review.
274. The unit Child support services shall initiate reviews
28under this section in accordance with the Act.
29 Sec. 978. Section 252H.14A, Code 2023, is amended to read
30as follows:
31252H.14A Reviews initiated by the child support recovery unit
32 services — abbreviated method.
331. Notwithstanding section 252H.15, the unit child support
34services may use procedures under this section to review a
35support order if all the following apply:
-699- 1a. One of the following applies:
2(1) The right to ongoing child support is assigned to the
3state of Iowa due to the receipt of family investment program
4assistance, and a review of the support order is required under
5section 7302 of the federal Deficit Reduction Act of 2005, Pub.
6L. No.109-171.
7(2) A parent requests a review, provides the unit child
8support services with financial information as part of that
9request, and the order meets the criteria for review under this
10subchapter.
11b. The unit Child support services has access to information
12concerning the financial circumstances of each parent and one
13of the following applies:
14(1) The parent is a recipient of family investment program
15assistance, medical assistance, or food supplemental nutrition
16assistance program assistance from the department.
17(2) The parent’s income is from supplemental security
18income paid pursuant to 42 U.S.C. §1381a.
19(3) The parent is a recipient of disability benefits under
20the Act because of the parent’s disability.
21(4) The parent is an inmate of an institution under the
22control of the department of corrections.
23(5) The unit Child support services has access to
24information described in section 252B.7A, subsection 1,
25paragraph “c”.
262. If the conditions of subsection 1 are met, the unit child
27support services may conduct a review and determine whether
28an adjustment is appropriate using information accessible by
29the unit child support services without issuing a notice under
30section 252H.15 or requesting additional information from the
31parent.
323. Upon completion of the review, the unit child support
33services shall issue a notice of decision to each parent, or
34if applicable, to each parent’s attorney. The notice shall be
35served in accordance with the rules of civil procedure or as
-700-1provided in section 252B.26, except that a parent requesting
2a review pursuant to section 252H.13 shall waive the right to
3personal service of the notice in writing and accept service
4by regular mail. If the service by regular mail does not occur
5within ninety days of the written waiver of personal service,
6personal service of the notice is required unless a new waiver
7of personal service is obtained.
84. All of the following shall be included in the notice of
9decision:
10a. The legal basis and purpose of the action, including
11an explanation of the procedures for determining child
12support, the criteria for determining the appropriateness of
13an adjustment, and a statement that the unit child support
14services used the child support guidelines established pursuant
15to section 598.21B and the provisions for medical support
16pursuant to chapter 252E.
17b. Information sufficient to identify the affected parties
18and the support order or orders affected.
19c. An explanation of the legal rights and responsibilities
20of the affected parties, including time frames in which the
21parties must act.
22d. A statement indicating whether the unit child support
23services finds that an adjustment is appropriate and the basis
24for the determination.
25e. Procedures for contesting the action, including that if a
26parent requests a second review both parents will be requested
27to submit financial or income information as necessary for
28application of the child support guidelines established
29pursuant to section 598.21B.
30f. Other information as appropriate.
315. Section 252H.16, subsection 5, regarding a revised
32notice of decision shall apply to a notice of decision issued
33under this section.
346. Each parent shall have the right to challenge the notice
35of decision issued under this section by requesting a second
-701-1review by the unit child support services as provided in
2section 252H.17. If there is no new or different information
3to consider for the second review, the unit child support
4services shall issue a second notice of decision based on prior
5information. Each parent shall have the right to challenge
6the second notice of decision by requesting a court hearing as
7provided in section 252H.8.
8 Sec. 979. Section 252H.15, subsection 1, Code 2023, is
9amended to read as follows:
101. Unless an action is initiated under section 252H.14A,
11prior to conducting a review of a support order, the unit child
12support services shall issue a notice of intent to review and
13adjust to each parent, or if applicable, to each parent’s
14attorney. However, notice to a child support agency or an
15agency entitled to receive child or medical support payments as
16the result of an assignment of support rights is not required.
17 Sec. 980. Section 252H.15, subsection 3, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19The unit Child support services shall adopt rules pursuant
20to chapter 17A to ensure that all of the following are included
21in the notice:
22 Sec. 981. Section 252H.15, subsection 3, paragraph e, Code
232023, is amended to read as follows:
24e. Criteria for determining appropriateness of an adjustment
25and a statement that the unit child support services will use
26the child support guidelines established pursuant to section
27598.21B and the provisions for medical support pursuant to
28chapter 252E to adjust the order.
29 Sec. 982. Section 252H.16, Code 2023, is amended to read as
30follows:
31252H.16 Conducting the review — notice of decision.
321. For actions initiated under section 252H.15, the unit
33 child support services shall conduct the review and determine
34whether an adjustment is appropriate. As necessary, the unit
35 child support services shall make a determination of the
-702-1controlling order or the amount of delinquent support due based
2upon the receipt of social security disability payments as
3provided in sections 598.22 and 598.22C.
42. Unless both parents have waived the prereview notice
5period as provided for in section 252H.7, the review shall
6not be conducted for at least fifteen days from the date both
7parents were successfully served with the notice required in
8section 252H.15.
93. Upon completion of the review, the unit child support
10services shall issue a notice of decision by regular mail to
11the last known address of each parent, or if applicable, each
12parent’s attorney.
134. The unit Child support services shall adopt rules
14pursuant to chapter 17A to ensure that all of the following are
15included in the notice:
16a. Information sufficient to identify the affected parties
17and the support order or orders affected.
18b. A statement indicating whether the unit child support
19services finds that an adjustment is appropriate and the basis
20for the determination.
21c. Other information, as appropriate.
225. A revised notice of decision shall be issued when the
23unit child support services receives or becomes aware of new or
24different information affecting the results of the review after
25the notice of decision has been issued and before the entry of
26an administrative order adjusting the support order, when new
27or different information is not received in conjunction with
28a request for a second review, or subsequent to a request for
29a court hearing. If a revised notice of decision is issued,
30the time frames for requesting a second review or court hearing
31shall apply from the date of issuance of the revised notice.
32 Sec. 983. Section 252H.17, Code 2023, is amended to read as
33follows:
34252H.17 Challenging the notice of decision — second review
35— notice.
-703- 11. Each parent shall have the right to challenge the notice
2of decision issued under section 252H.14A or 252H.16, by
3requesting a second review by the unit child support services.
42. A challenge shall be submitted, in writing, to the
5local child support office that issued the notice of decision
6 services, within thirty days of service of the notice of
7decision under section 252H.14A or within ten days of the
8issuance of the notice of decision under section 252H.16.
93. A parent challenging the notice of decision shall submit
10any new or different information, not previously considered by
11the unit child support services in conducting the review, with
12the challenge and request for second review.
134. A parent challenging the notice of decision shall submit
14any required fees with the challenge. Any request submitted
15without full payment of the required fee shall be denied.
165. If a timely challenge along with any necessary fee
17is received, the unit child support services shall issue by
18regular mail to the last known address of each parent, or if
19applicable, to each parent’s attorney, a notice that a second
20review will be conducted. The unit Child support services
21 shall adopt rules pursuant to chapter 17A to ensure that all of
22the following are included in the notice:
23a. A statement of purpose of the second review.
24b. Information sufficient to identify the affected parties
25and the support order or orders affected.
26c. A statement of the information that is eligible for
27consideration at the second review.
28d. The procedures and time frames in conducting and
29completing a second review, including a statement that only one
30second review shall be conducted as the result of a challenge
31received from either or both parents.
32e. An explanation of the right to request a court hearing,
33and the applicable time frames and procedures to follow in
34requesting a court hearing.
35f. Other information, as appropriate.
-704- 16. The unit Child support services shall conduct a second
2review, utilizing any new or additional information provided
3or available since issuance of the notice of decision under
4section 252H.14A or under section 252H.16, to determine whether
5an adjustment is appropriate.
67. Upon completion of the review, the unit child
7support services shall issue a second notice of decision by
8regular mail to the last known address of each parent, or if
9applicable, to each parent’s attorney. The unit Child support
10services shall adopt rules pursuant to chapter 17A to ensure
11that all of the following are included in the notice:
12a. Information sufficient to identify the affected parties
13and the support order or orders affected.
14b. The unit’s Child support services’ finding resulting from
15the second review indicating whether the unit child support
16services finds that an adjustment is appropriate, the basis for
17the determination, and the impact on the first review.
18c. An explanation of the right to request a court hearing,
19and the applicable time frames and procedures to follow in
20requesting a court hearing.
21d. Other information, as appropriate.
228. If the determination resulting from the first review
23is revised or reversed by the second review, the following
24shall be issued to each parent along with the second notice of
25decision and the amount of any proposed adjustment:
26a. Any updated or revised financial statements provided by
27either parent.
28b. A computation prepared by the local child support office
29issuing the notice services, demonstrating how the amount of
30support due under the child support guidelines was calculated,
31and a comparison of the newly computed amount with the current
32support obligation amount.
33 Sec. 984. Section 252H.18, subsection 2, Code 2023, is
34amended to read as follows:
352. The unit Child support services is providing services
-705-1pursuant to chapter 252B.
2 Sec. 985. Section 252H.18A, subsection 1, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4If a support order is not eligible for review and adjustment
5because the support order is outside of the minimum time frames
6specified by rule of the department, a parent may request a
7review and administrative modification by submitting all of the
8following to the unit child support services:
9 Sec. 986. Section 252H.18A, subsection 2, Code 2023, is
10amended to read as follows:
112. Upon receipt of the request and all documentation
12required in subsection 1, the unit child support services shall
13review the request and documentation and if appropriate shall
14issue a notice of intent to modify as provided in section
15252H.19.
16 Sec. 987. Section 252H.19, subsection 1, Code 2023, is
17amended to read as follows:
181. The unit Child support services shall issue a notice of
19intent to modify to each parent. Notice to a child support
20agency or an agency entitled to receive child or medical
21support payments as the result of an assignment of support
22rights is not required.
23 Sec. 988. Section 252H.19, subsection 2, unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25The notice shall be served upon each parent in accordance
26with the rules of civil procedure, except that a parent
27requesting modification shall, at the time of the request,
28waive the right to personal service of the notice in writing
29and accept service by regular mail. The unit Child support
30services shall adopt rules pursuant to chapter 17A to ensure
31that all of the following are included in the notice:
32 Sec. 989. Section 252H.20, Code 2023, is amended to read as
33follows:
34252H.20 Conference — second notice and finding of financial
35responsibility.
-706- 11. Each parent shall have the right to request a conference
2with the office of the unit that issued the notice of intent
3to modify child support services. The request may be made in
4person, in writing, or by telephone, and shall be made within
5ten days of the date of successful service of the notice of
6intent to modify.
72. A parent requesting a conference shall submit
8any required fee no later than the date of the scheduled
9conference. A conference shall not be held unless the required
10fee is paid in full.
113. Upon a request and full payment of any required fee,
12the office of the unit that issued the notice of intent to
13modify child support services shall schedule a conference with
14the parent and advise the parent of the date, time, place, and
15procedural aspects of the conference. The unit Child support
16services shall adopt rules pursuant to chapter 17A to specify
17the manner in which a conference is conducted and the purpose
18of the conference.
194. Following the conference, the office of the unit that
20conducted the review child support services shall issue a
21second notice of proposed modification and finding of financial
22responsibility to the parent requesting the conference. The
23unit Child support services shall adopt rules pursuant to
24chapter 17A to ensure that all of the following are included
25in the notice:
26a. Information sufficient to identify the affected parties
27and the support order or orders affected.
28b. If the unit child support services will continue or
29terminate the action.
30c. Procedures for contesting the action and the applicable
31time frames for actions by the parents.
32d. Other information, as appropriate.
33 Sec. 990. Section 252H.21, subsection 2, paragraph c,
34subparagraph (2), Code 2023, is amended to read as follows:
35(2) Increase or decrease the amount of the child support
-707-1order calculated in subparagraph (1) for each subsequent year
2by applying the appropriate consumer price index for each
3subsequent year to the result of the calculation for the
4previous year. The final year in the calculation shall be the
5year immediately preceding the year the unit child support
6services received the completed request for the cost-of-living
7alteration.
8 Sec. 991. Section 252H.22, subsection 3, Code 2023, is
9amended to read as follows:
103. The unit Child support services is providing enforcement
11services for the ongoing support obligation pursuant to chapter
12252B.
13 Sec. 992. Section 252H.23, unnumbered paragraph 1, Code
142023, is amended to read as follows:
15A parent may request a cost-of-living alteration by
16submitting all of the following to the unit child support
17services:
18 Sec. 993. Section 252H.24, Code 2023, is amended to read as
19follows:
20252H.24 Role of the child support recovery unit services —
21filing and docketing of cost-of-living alteration order — order
22effective as district court order.
231. Upon receipt of a request and required documentation for
24a cost-of-living alteration, the unit child support services
25 shall issue a notice of the amount of cost-of-living alteration
26by regular mail to the last known address of each parent,
27or, if applicable, each parent’s attorney. The notice shall
28include all of the following:
29a. A statement that either parent may contest the
30cost-of-living alteration within thirty days of the date of
31the notice by making a request for a review of a support order
32as provided in section 252H.13, and if either parent does not
33make a request for a review within thirty days, the unit child
34support services shall prepare an administrative order as
35provided in subsection 4.
-708- 1b. A statement that the parent may waive the thirty-day
2notice waiting period provided for in this section.
32. Upon timely receipt of a request and required
4documentation for a review of a support order as provided
5in subsection 1 from either parent, the unit child support
6services shall terminate the cost-of-living alteration process
7and apply the provisions of subchapters I and II of this
8chapter relating to review and adjustment.
93. Upon receipt of signed requests from both parents subject
10to the support order, waiving the notice waiting period, the
11unit child support services may prepare an administrative order
12pursuant to subsection 4 altering the support obligation.
134. If timely request for a review pursuant to section
14252H.13 is not made, and if the thirty-day notice waiting
15period has expired, or if both parents have waived the notice
16waiting period, the unit child support services shall prepare
17and present an administrative order for a cost-of-living
18alteration, ex parte, to the district court where the order to
19be altered is filed.
205. Unless defects appear on the face of the administrative
21order or on the attachments, the district court shall approve
22the order. Upon filing, the approved order shall have the
23same force, effect, and attributes of an order of the district
24court.
256. Upon filing, the clerk of the district court shall enter
26the order in the judgment docket and judgment lien index.
277. If the parents jointly waive the thirty-day notice
28waiting period, the signed statements of both parents waiving
29the notice period shall be filed in the court record with the
30administrative order altering the support obligation.
318. The unit Child support services shall send a copy of
32the order by regular mail to each parent’s last known address,
33or, if applicable, to the last known address of the parent’s
34attorney.
359. An administrative order approved by the district court is
-709-1final, and action by the unit child support services to enforce
2and collect upon the order may be taken from the date of the
3entry of the order by the district court.
4 Sec. 994. Section 252I.1, Code 2023, is amended to read as
5follows:
6252I.1 Definitions.
7As used in this chapter, unless the context otherwise
8requires:
91. “Account” means “account” as defined in section 524.103,
10the savings or deposits of a member received or being held
11by a credit union, or certificates of deposit. “Account”
12also includes deposits held by an agent, a broker-dealer,
13or an issuer as defined in section 502.102 and money-market
14mutual fund accounts and “account” as defined in 42 U.S.C.
15§666(a)(17). However, “account” does not include amounts held
16by a financial institution as collateral for loans extended by
17the financial institution.
182. “Bank” means “bank”, “insured bank”, and “state bank” as
19defined in section 524.103.
203. “Child support services” means child support services
21created in section 252B.2.
223. 4. “Court order” means “support order” as defined in
23section 252J.1.
244. 5. “Credit union” means “credit union” as defined in
25section 533.102.
265. 6. “Financial institution” means “financial institution”
27as defined in 42 U.S.C. §669A(d)(1). “Financial institution”
28also includes an institution which holds deposits for an agent,
29broker-dealer, or an issuer as defined in section 502.102.
306. 7. “Obligor” means a person who has been ordered by a
31court or administrative authority to pay support.
327. 8. “Support” or “support payments” means “support” or
33“support payments” as defined in section 252D.16.
348. “Unit” or “child support recovery unit” means the child
35support recovery unit created in section 252B.2.
-710- 19. “Working days” means only Monday, Tuesday, Wednesday,
2Thursday, and Friday, but excluding the holidays specified in
3section 1C.2, subsection 1.
4 Sec. 995. Section 252I.2, Code 2023, is amended to read as
5follows:
6252I.2 Purpose and use.
71. Notwithstanding other statutory provisions which provide
8for the execution, attachment, or levy against accounts, the
9unit child support services may utilize the process established
10in this chapter to collect delinquent support payments provided
11that any exemptions or exceptions which specifically apply to
12enforcement of support obligations pursuant to other statutory
13provisions also apply to this chapter.
142. An obligor is subject to the provisions of this chapter
15if the obligor’s support obligation is being enforced by the
16 child support recovery unit services, and if the support
17payments ordered under chapter 232, 234, 252A, 252C, 252D,
18252E, 252F, 598, 600B, or any other applicable chapter,
19or under a comparable statute of another state or foreign
20country, as certified to the child support recovery unit
21 services, are not paid to the clerk of the district court or
22the collection services center pursuant to section 598.22 and
23become delinquent in an amount equal to the support payment for
24one month.
253. Any amount forwarded by a financial institution under
26this chapter shall not exceed the amounts specified in 15
27U.S.C. §1673(b) and shall not exceed the delinquent or accrued
28amount of support owed by the obligor.
29 Sec. 996. Section 252I.3, Code 2023, is amended to read as
30follows:
31252I.3 Initial notice to obligor.
32The unit Child support services or the district court
33may include language in any new or modified support order
34issued on or after July 1, 1994, notifying the obligor that
35the obligor is subject to the provisions of this chapter.
-711-1However, this chapter is sufficient notice for implementation
2of administrative levy provisions without further notice of the
3provisions of this chapter.
4 Sec. 997. Section 252I.4, Code 2023, is amended to read as
5follows:
6252I.4 Verification of accounts and immunity from liability.
71. The unit Child support services may contact a financial
8institution to obtain verification of the account number, the
9names and social security numbers listed for the account, and
10the account balance of any account held by an obligor. Contact
11with a financial institution may be by telephone or by written
12communication. The financial institution may require positive
13voice recognition and may require the telephone number of the
14authorized person from the unit child support services before
15releasing an obligor’s account information by telephone.
162. The unit Child support services and financial
17institutions doing business in Iowa shall enter into agreements
18to develop and operate a data match system, using automated
19data exchanges to the maximum extent feasible. The data
20match system shall allow a means by which each financial
21institution shall provide to the unit child support services
22 for each calendar quarter the name, record address, social
23security number or other taxpayer identification number, and
24other identifying information for each obligor who maintains
25an account at the institution and who owes past-due support,
26as identified by the unit child support services by name and
27social security number or other taxpayer identification number.
28The unit Child support services shall work with representatives
29of financial institutions to develop a system to assist
30nonautomated financial institutions in complying with the
31provisions of this section.
323. The unit Child support services may pay a reasonable
33fee to a financial institution for conducting the data match
34required in subsection 2, not to exceed the lower of either
35one hundred fifty dollars for each quarterly data match or the
-712-1actual costs incurred by the financial institution for each
2quarterly data match. However, the unit child support services
3 may also adopt rules pursuant to chapter 17A to specify a fee
4amount for each quarterly data match based upon the estimated
5state share of funds collected under this chapter, which,
6when adopted, shall be applied in lieu of the one hundred
7fifty dollar fee under this subsection. In addition, the unit
8 child support services may pay a reasonable fee to a financial
9institution for automation programming development performed
10in order to conduct the data match required in subsection 2,
11not to exceed the lower of either five hundred dollars or
12the actual costs incurred by the financial institution. The
13unit Child support services may use the state share of funds
14collected under this chapter to pay the fees to financial
15institutions under this subsection. For state fiscal years
16beginning July 1, 1999, and July 1, 2000, the unit child
17support services may use up to one hundred percent of the
18state share of such funds. For state fiscal years beginning
19on or after July 1, 2001, the unit child support services may
20use up to fifty percent of the state share of such funds.
21Notwithstanding any other provision of law to the contrary,
22a financial institution shall have until a date provided in
23the agreement in subsection 2 to submit its claim for a fee
24under this subsection. If the unit child support services
25 does not have sufficient funds available under this subsection
26for payment of fees under this subsection for conducting data
27matches or for automation program development performed in the
28fiscal year beginning July 1, 1999, the cost may be carried
29forward to the fiscal year beginning July 1, 2000. The unit
30 Child support services may also use funds from an amount
31assessed a child support agency of another state, as defined in
32section 252H.2, to conduct a data match requested by that child
33support agency as provided in 42 U.S.C. §666(a)(14) to pay fees
34to financial institutions under this subsection.
354. a. A financial institution is immune from any liability
-713-1in any action or proceeding, whether civil or criminal, for any
2of the following:
3(1) The disclosure of any information by a financial
4institution to the unit child support services pursuant to
5this chapter or the rules or procedures adopted by the unit
6 child support services to implement this chapter, including
7disclosure of information relating to an obligor who maintains
8an account with the financial institution or disclosure of
9information relating to any other person who maintains an
10account with the financial institution that is provided for
11the purpose of complying with the data match requirements of
12this section and with the agreement entered into between the
13financial institution and the unit child support services
14 pursuant to subsection 2.
15(2) Any encumbrance or surrender of any assets held by a
16financial institution in response to a notice of lien or levy
17issued by the unit child support services.
18(3) Any action or omission in connection with good faith
19efforts to comply with this chapter or any rules or procedures
20that are adopted by the unit child support services to
21implement this chapter.
22(4) The disclosure, use, or misuse by the unit child
23support services or by any other person of information provided
24or assets delivered to the unit child support services by a
25financial institution.
26b. For the purposes of this section, “financial institution”
27includes officers, directors, employees, contractors, and
28agents of the financial institution.
295. The financial institution or the unit child support
30services is not liable for the cost of any early withdrawal
31penalty of an obligor’s certificate of deposit.
32 Sec. 998. Section 252I.5, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. If an obligor is subject to this chapter under section
35252I.2, the unit child support services may initiate an
-714-1administrative action to levy against the accounts of the
2obligor.
32. The unit Child support services may send a notice to
4the financial institution with which the account is placed,
5directing that the financial institution forward all or a
6portion of the moneys in the obligor’s account or accounts to
7the collection services center established pursuant to chapter
8252B. The notice shall be sent by regular mail, with proof of
9service completed according to rule of civil procedure 1.442.
10 Sec. 999. Section 252I.5, subsection 3, paragraph g, Code
112023, is amended to read as follows:
12g. A telephone number, and address, and contact name of the
13 for child support recovery unit contact initiating the action
14 services.
15 Sec. 1000. Section 252I.6, Code 2023, is amended to read as
16follows:
17252I.6 Administrative levy — notice to support obligor.
181. The unit Child support services may administratively
19initiate an action to seize accounts of an obligor who is
20subject to this chapter under section 252I.2.
212. The unit Child support services shall notify an obligor
22subject to this chapter, and any other party known to have
23an interest in the account, of the action. The notice shall
24contain all of the following:
25a. The name of the obligor.
26b. A statement that the obligor is believed to have one or
27more accounts at the financial institution.
28c. A statement that pursuant to the provisions of this
29chapter, the obligor’s accounts are subject to seizure and the
30financial institution is authorized and required to forward
31moneys to the collection services center.
32d. The maximum amount to be forwarded by the financial
33institution, which shall not exceed the delinquent or accrued
34amount of support owed by the obligor.
35e. The prescribed time frames within which the financial
-715-1institution must comply.
2f. A statement that any challenge to the action shall be
3in writing and shall be received by the child support recovery
4unit services within ten days of the date of the notice to the
5obligor.
6g. The address of the collection services center and the
7collection services center account number.
8h. A telephone number, and address, and contact name for
9the child support recovery unit contact initiating the action
10 services.
113. The unit Child support services shall forward the notice
12to the obligor by regular mail within two working days of
13sending the notice to the financial institution pursuant to
14section 252I.5. Proof of service shall be completed according
15to rule of civil procedure 1.442.
16 Sec. 1001. Section 252I.7, subsections 1 and 2, Code 2023,
17are amended to read as follows:
181. Immediately encumber funds in all accounts in which the
19obligor has an interest to the extent of the debt indicated in
20the notice from the unit child support services.
212. No sooner than fifteen days, and no later than twenty
22days from the date the financial institution receives the
23notice under section 252I.5, unless notified by the unit child
24support services of a challenge by the obligor or an account
25holder of interest, the financial institution shall forward the
26moneys encumbered to the collection services center with the
27obligor’s name and social security number, collection services
28center account number, and any other information required in
29the notice.
30 Sec. 1002. Section 252I.8, Code 2023, is amended to read as
31follows:
32252I.8 Challenges to action.
331. Challenges under this chapter may be initiated only by an
34obligor or by an account holder of interest. Actions initiated
35by the unit child support services under this chapter are not
-716-1subject to chapter 17A, and resulting court hearings following
2certification shall be an original hearing before the district
3court.
42. The person challenging the action shall submit a written
5challenge to the person identified as the contact for the unit
6in the notice child support services, within ten working days
7of the date of the notice.
83. The unit Child support services shall, upon receipt of
9a written challenge, review the facts of the case with the
10challenging party. Only a mistake of fact, including but
11not limited to, a mistake in the identity of the obligor or
12a mistake in the amount of delinquent support due shall be
13considered as a reason to dismiss or modify the proceeding.
144. If the unit child support services determines that a
15mistake of fact has occurred the unit, child support services
16 shall proceed as follows:
17a. If a mistake in identity has occurred or the obligor is
18not delinquent in an amount equal to the payment for one month,
19the unit child support services shall notify the financial
20institution that the administrative levy has been released.
21The unit Child support services shall provide a copy of the
22notice to the support obligor by regular mail.
23b. If the obligor is delinquent, but the amount of the
24delinquency is less than the amount indicated in the notice,
25the unit child support services shall notify the financial
26institution of the revised amount with a copy of the notice and
27issue a copy to the obligor or forward a copy to the obligor
28by regular mail. Upon written receipt of instructions from
29the unit child support services, the financial institution
30shall release the funds in excess of the revised amount to
31the obligor and the moneys in the amount of the debt shall be
32processed according to section 252I.7.
335. If the unit child support services finds no mistake of
34fact, the unit child support services shall provide a notice
35to that effect to the challenging party by regular mail. Upon
-717-1written request of the challenging party, the unit child
2support services shall request a hearing before the district
3court in the county in which the underlying support order is
4filed.
5a. The financial institution shall encumber moneys if the
6 child support recovery unit services notifies the financial
7institution to do so.
8b. The clerk of the district court shall schedule a hearing
9upon the request by the unit child support services for a
10time not later than ten calendar days after the filing of
11the request for hearing. The clerk shall mail copies of the
12request for hearing and the order scheduling the hearing to
13the unit child support services and to all account holders of
14interest.
15c. If the court finds that there is a mistake of identity or
16that the obligor does not owe the delinquent support, the unit
17 child support services shall notify the financial institution
18that the administrative levy has been released.
19d. If the court finds that the obligor has an interest in
20the account, and the amount of support due was incorrectly
21overstated, the unit child support services shall notify the
22financial institution to release the excess moneys to the
23obligor and remit the remaining moneys in the amount of the
24debt to the collection services center for disbursement to the
25appropriate recipient.
26e. If the court finds that the obligor has an interest
27in the account, and the amount of support due is correct,
28the financial institution shall forward the moneys to the
29collection services center for disbursement to the appropriate
30recipient.
31f. If the obligor or any other party known to have an
32interest in the account fails to appear at the hearing, the
33court may find the challenging party in default, shall ratify
34the administrative levy, if valid upon its face, and shall
35enter an order directing the financial institution to release
-718-1the moneys to the unit child support services.
2g. Issues related to visitation, custody, or other
3provisions not related to levies against accounts are not
4grounds for a hearing under this chapter.
5h. Support orders shall not be modified under a challenge
6pursuant to this section.
7i. Any findings in the challenge of an administrative
8levy related to the amount of the accruing or accrued support
9obligation do not modify the underlying support order.
10j. An order entered under this chapter for a levy against
11an account of a support obligor has priority over a levy for a
12purpose other than the support of the dependents in the court
13order being enforced.
146. The support obligor may withdraw the request for
15challenge by submitting a written withdrawal to the person
16identified as the contact for the unit child support services
17 in the notice or the unit child support services may withdraw
18the administrative levy at any time prior to the court hearing
19and provide notice of the withdrawal to the obligor and any
20account holder of interest and to the financial institution, by
21regular mail.
227. If the financial institution has forwarded moneys to
23the collection services center and has deducted a fee from the
24moneys of the account, or if any additional fees or costs are
25levied against the account, and all funds are subsequently
26refunded to the account due to a mistake of fact or ruling
27of the court, the child support recovery unit services shall
28reimburse the account for any fees assessed by the financial
29institution. If the mistake of fact is a mistake in the amount
30of support due and any portion of the moneys is retained as
31support payments, however, the unit child support services is
32not required to reimburse the account for any fees or costs
33levied against the account. Additionally, for the purposes
34of reimbursement to the account for any fees or costs, each
35certificate of deposit is considered a separate account.
-719-1 Sec. 1003. Section 252J.1, Code 2023, is amended to read as
2follows:
3252J.1 Definitions.
4As used in this chapter, unless the context otherwise
5requires:
61. “Certificate of noncompliance” means a document provided
7by the child support recovery unit services certifying that
8the named individual is not in compliance with any of the
9following:
10a. A support order.
11b. A written agreement for payment of support entered into
12by the unit child support services and the obligor.
13c. A subpoena or warrant relating to a paternity or support
14proceeding.
152. “Child support services” means child support services
16created in section 252B.2.
173. “Department” means the department of health and human
18services.
192. 4. “Individual” means a parent, an obligor, or a
20putative father in a paternity or support proceeding.
213. 5. “License” means a license, certification,
22registration, permit, approval, renewal, or other similar
23authorization issued to an individual by a licensing authority
24which evidences the admission to, or granting of authority to
25engage in, a profession, occupation, business, industry, or
26recreation or to operate or register a motor vehicle. “License”
27includes licenses for hunting, fishing, boating, or other
28recreational activity.
294. 6. “Licensee” means an individual to whom a license has
30been issued, or who is seeking the issuance of a license.
315. 7. “Licensing authority” means a county treasurer,
32county recorder or designated depositary, the supreme court,
33or an instrumentality, agency, board, commission, department,
34officer, organization, or any other entity of the state, which
35has authority within this state to suspend or revoke a license
-720-1or to deny the renewal or issuance of a license authorizing an
2individual to register or operate a motor vehicle or to engage
3in a business, occupation, profession, recreation, or industry.
46. 8. “Obligor” means a natural person as defined
5in section 252G.1 who has been ordered by a court or
6administrative authority to pay support.
77. 9. “Subpoena or warrant” means a subpoena or warrant
8relating to a paternity or support proceeding initiated or
9obtained by the unit child support services or a child support
10agency as defined in section 252H.2.
118. 10. “Support” means support or support payments as
12defined in section 252D.16, whether established through court
13or administrative order.
149. 11. “Support order” means an order for support issued
15pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F,
16252H, 598, 600B, or any other applicable chapter, or under
17a comparable statute of another state or foreign country as
18registered with the clerk of the district court or certified to
19the child support recovery unit services.
2010. “Unit” means the child support recovery unit created in
21section 252B.2.
2211. 12. “Withdrawal of a certificate of noncompliance”
23means a document provided by the unit child support services
24 certifying that the certificate of noncompliance is withdrawn
25and that the licensing authority may proceed with issuance,
26reinstatement, or renewal of an individual’s license.
27 Sec. 1004. Section 252J.2, Code 2023, is amended to read as
28follows:
29252J.2 Purpose and use.
301. Notwithstanding other statutory provisions to the
31contrary, and if an individual has not been cited for contempt
32and enjoined from engaging in the activity governed by a
33license pursuant to section 598.23A, the unit child support
34services may utilize the process established in this chapter
35to collect support.
-721- 12. For cases in which services are provided by the unit
2 child support services all of the following apply:
3a. An obligor is subject to the provisions of this chapter
4if the obligor’s support obligation is being enforced by the
5unit child support services, if the support payments required
6by a support order to be paid to the clerk of the district
7court or the collection services center pursuant to section
8598.22 are not paid and become delinquent in an amount equal
9to the support payment for three months, and if the obligor’s
10situation meets other criteria specified under rules adopted by
11the department pursuant to chapter 17A.The criteria specified
12by rule shall include consideration of the length of time since
13the obligor’s last support payment and the total amount of
14support owed by the obligor.
15b. An individual is subject to the provisions of this
16chapter if the individual has failed, after receiving
17appropriate notice, to comply with a subpoena or warrant.
183. Actions initiated by the unit child support services
19 under this chapter shall not be subject to contested case
20proceedings or further review pursuant to chapter 17A and any
21resulting court hearing shall be an original hearing before the
22district court.
234. Notwithstanding chapter 22, all of the following apply:
24a. Information obtained by the unit child support services
25 under this chapter shall be used solely for the purposes of
26this chapter or chapter 252B.
27b. Information obtained by a licensing authority shall be
28used solely for the purposes of this chapter.
29 Sec. 1005. Section 252J.3, Code 2023, is amended to read as
30follows:
31252J.3 Notice to individual of potential sanction of license.
32The unit Child support services shall proceed in accordance
33with this chapter only if the unit child support services sends
34a notice to the individual by regular mail to the last known
35address of the individual. The notice shall include all of the
-722-1following:
21. The address and telephone number of the unit child
3support services and the unit the child support services’ case
4number.
52. A statement that the obligor is not in compliance with
6a support order or the individual has not complied with a
7subpoena or warrant.
83. A statement that the individual may request a conference
9with the unit child support services to contest the action.
104. A statement that if, within twenty days of mailing of
11the notice to the individual, the individual fails to contact
12the unit child support services to schedule a conference,
13the unit child support services shall issue a certificate of
14noncompliance, bearing the individual’s name, social security
15number and unit the child support services’ case number, to any
16appropriate licensing authority, certifying that the obligor is
17not in compliance with a support order or an individual has not
18complied with a subpoena or warrant.
195. A statement that in order to stay the issuance of a
20certificate of noncompliance the request for a conference shall
21be in writing and shall be received by the unit child support
22services within twenty days of mailing of the notice to the
23individual.
246. The names of the licensing authorities to which the
25unit child support services intends to issue a certificate of
26noncompliance.
277. A statement that if the unit child support services
28 issues a certificate of noncompliance to an appropriate
29licensing authority, the licensing authority shall initiate
30proceedings to refuse to issue or renew, or to suspend or
31revoke the individual’s license, unless the unit child support
32services provides the licensing authority with a withdrawal of
33a certificate of noncompliance.
34 Sec. 1006. Section 252J.4, Code 2023, is amended to read as
35follows:
-723- 1252J.4 Conference.
21. The individual may schedule a conference with the unit
3 child support services following mailing of the notice pursuant
4to section 252J.3, or at any time after service of notice of
5suspension, revocation, denial of issuance, or nonrenewal of
6a license from a licensing authority, to challenge the unit’s
7 child support services’ actions under this chapter.
82. The request for a conference shall be made to the unit
9 child support services, in writing, and, if requested after
10mailing of the notice pursuant to section 252J.3, shall be
11received by the unit child support services within twenty days
12following mailing of the notice.
133. The unit Child support services shall notify the
14individual of the date, time, and location of the conference by
15regular mail, with the date of the conference to be no earlier
16than ten days following issuance of notice of the conference
17by the unit child support services, unless the individual and
18the unit child support services agree to an earlier date which
19may be the same date the individual requests the conference.
20If the individual fails to appear at the conference, the
21unit child support services shall issue a certificate of
22noncompliance.
234. Following the conference, the unit child support
24services shall issue a certificate of noncompliance unless any
25of the following applies:
26a. The unit Child support services finds a mistake in the
27identity of the individual.
28b. The unit Child support services finds a mistake in
29determining that the amount of delinquent support is equal to
30or greater than three months.
31c. The obligor enters a written agreement with the unit
32 child support services to comply with a support order, the
33obligor complies with an existing written agreement to comply
34with a support order, or the obligor pays the total amount of
35delinquent support due.
-724- 1d. Issuance of a certificate of noncompliance is not
2appropriate under other criteria established in accordance with
3rules adopted by the department pursuant to chapter 17A.
4e. The unit Child support services finds a mistake in
5determining the compliance of the individual with a subpoena
6or warrant.
7f. The individual complies with a subpoena or warrant.
85. The unit Child support services shall grant the
9individual a stay of the issuance of a certificate of
10noncompliance upon receiving a timely written request
11for a conference, and if a certificate of noncompliance
12has previously been issued, shall issue a withdrawal of a
13certificate of noncompliance if the obligor enters into a
14written agreement with the unit child support services to
15comply with a support order or if the individual complies with
16a subpoena or warrant.
176. If the individual does not timely request a conference
18or does not comply with a subpoena or warrant or if the
19obligor does not pay the total amount of delinquent support
20owed within twenty days of mailing of the notice pursuant to
21section 252J.3, the unit child support services shall issue a
22certificate of noncompliance.
23 Sec. 1007. Section 252J.5, Code 2023, is amended to read as
24follows:
25252J.5 Written agreement.
261. If an obligor is subject to this chapter as established
27in section 252J.2, subsection 2, paragraph “a”, the obligor
28and the unit child support services may enter into a written
29agreement for payment of support and compliance which takes
30into consideration the obligor’s ability to pay and other
31criteria established by rule of the department. The written
32agreement shall include all of the following:
33a. The method, amount, and dates of support payments by the
34obligor.
35b. A statement that upon breach of the written agreement
-725-1by the obligor, the unit child support services shall issue
2a certificate of noncompliance to any appropriate licensing
3authority.
42. A written agreement entered into pursuant to this section
5does not preclude any other remedy provided by law and shall
6not modify or affect an existing support order.
73. Following issuance of a certificate of noncompliance,
8if the obligor enters into a written agreement with the unit
9 child support services, the unit child support services shall
10issue a withdrawal of the certificate of noncompliance to any
11appropriate licensing authority and shall forward a copy of the
12withdrawal by regular mail to the obligor.
13 Sec. 1008. Section 252J.6, Code 2023, is amended to read as
14follows:
15252J.6 Decision of the unit child support services.
161. If an obligor is not in compliance with a support order
17or the individual is not in compliance with a subpoena or
18warrant pursuant to section 252J.2, the unit child support
19services mails a notice to the individual pursuant to section
20252J.3, and the individual requests a conference pursuant to
21section 252J.4, the unit child support services shall issue a
22written decision if any of the following conditions exists:
23a. The individual fails to appear at a scheduled conference
24under section 252J.4.
25b. A conference is held under section 252J.4.
26c. The obligor fails to comply with a written agreement
27entered into by the obligor and the unit child support services
28 under section 252J.5.
292. The unit Child support services shall send a copy of
30the written decision to the individual by regular mail at the
31individual’s most recent address of record. If the decision
32is made to issue a certificate of noncompliance or to withdraw
33the certificate of noncompliance, a copy of the certificate
34of noncompliance or of the withdrawal of the certificate of
35noncompliance shall be attached to the written decision. The
-726-1written decision shall state all of the following:
2a. That the certificate of noncompliance or withdrawal
3of the certificate of noncompliance has been provided to the
4licensing authorities named in the notice provided pursuant to
5section 252J.3.
6b. That upon receipt of a certificate of noncompliance,
7the licensing authority shall initiate proceedings to suspend,
8revoke, deny issuance, or deny renewal of a license, unless
9the licensing authority is provided with a withdrawal of a
10certificate of noncompliance from the unit child support
11services.
12c. That in order to obtain a withdrawal of a certificate of
13noncompliance from the unit child support services, the obligor
14shall enter into a written agreement with the unit child
15support services, comply with an existing written agreement
16with the unit child support services, or pay the total amount
17of delinquent support owed or the individual shall comply with
18a subpoena or warrant.
19d. That if the unit child support services issues a written
20decision which includes a certificate of noncompliance, that
21 all of the following apply:
22(1) The individual may request a hearing as provided in
23section 252J.9, before the district court as follows:
24(a) If the action is a result of section 252J.2, subsection
252, paragraph “a”, in the county in which the underlying support
26order is filed, by filing a written application to the court
27challenging the issuance of the certificate of noncompliance
28by the unit child support services and sending a copy of the
29application to the unit child support services within the time
30period specified in section 252J.9.
31(b) If the action is a result of section 252J.2, subsection
322, paragraph “b”, and the individual is not an obligor, in the
33county in which the dependent child or children reside if the
34child or children reside in Iowa; in the county in which the
35dependent child or children last received public assistance if
-727-1the child or children received public assistance in Iowa; or
2in the county in which the individual resides if the action is
3the result of a request from a child support agency in another
4state or foreign country.
5(2) The individual may retain an attorney at the
6individual’s own expense to represent the individual at the
7hearing.
8(3) The scope of review of the district court shall be
9limited to demonstration of a mistake of fact related to the
10delinquency of the obligor or the compliance of the individual
11with a subpoena or warrant.
123. If the unit child support services issues a certificate
13of noncompliance, the unit child support services shall only
14issue a withdrawal of the certificate of noncompliance if any
15of the following applies:
16a. The unit Child support services or the court finds a
17mistake in the identity of the individual.
18b. The unit Child support services finds a mistake in
19determining compliance with a subpoena or warrant.
20c. The unit Child support services or the court finds a
21mistake in determining that the amount of delinquent support
22due is equal to or greater than three months.
23d. The obligor enters a written agreement with the unit
24 child support services to comply with a support order, the
25obligor complies with an existing written agreement to comply
26with a support order, or the obligor pays the total amount of
27delinquent support owed.
28e. The individual complies with the subpoena or warrant.
29f. Issuance of a withdrawal of the certificate of
30noncompliance is appropriate under other criteria in accordance
31with rules adopted by the department pursuant to chapter 17A.
32 Sec. 1009. Section 252J.7, subsection 1, Code 2023, is
33amended to read as follows:
341. If the individual fails to respond to the notice of
35potential license sanction provided pursuant to section 252J.3
-728-1or the unit child support services issues a written decision
2under section 252J.6 which states that the individual is not
3in compliance, the unit child support services shall issue
4a certificate of noncompliance to any appropriate licensing
5authority.
6 Sec. 1010. Section 252J.8, subsection 2, Code 2023, is
7amended to read as follows:
82. In addition to other grounds for suspension, revocation,
9or denial of issuance or renewal of a license, a licensing
10authority shall include in rules adopted by the licensing
11authority as grounds for suspension, revocation, or denial of
12issuance or renewal of a license, the receipt of a certificate
13of noncompliance from the unit child support services.
14 Sec. 1011. Section 252J.8, subsection 4, paragraph c,
15subparagraphs (1), (2), and (3), Code 2023, are amended to read
16as follows:
17(1) The licensing authority intends to suspend, revoke, or
18deny issuance or renewal of an individual’s license due to the
19receipt of a certificate of noncompliance from the unit child
20support services.
21(2) The individual must contact the unit child support
22services to schedule a conference or to otherwise obtain a
23withdrawal of a certificate of noncompliance.
24(3) Unless the unit child support services furnishes a
25withdrawal of a certificate of noncompliance to the licensing
26authority within thirty days of the issuance of the notice
27under this section, the individual’s license will be revoked,
28suspended, or denied.
29 Sec. 1012. Section 252J.8, subsection 5, Code 2023, is
30amended to read as follows:
315. If the licensing authority receives a withdrawal of
32a certificate of noncompliance from the unit child support
33services, the licensing authority shall immediately reinstate,
34renew, or issue a license if the individual is otherwise in
35compliance with licensing requirements established by the
-729-1licensing authority.
2 Sec. 1013. Section 252J.9, subsection 1, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4Following the issuance of a written decision by the unit
5 child support services under section 252J.6 which includes
6the issuance of a certificate of noncompliance, or following
7provision of notice to the individual by a licensing authority
8pursuant to section 252J.8, an individual may seek review of
9the decision and request a hearing before the district court
10as follows:
11 Sec. 1014. Section 252J.9, subsection 1, paragraph a, Code
122023, is amended to read as follows:
13a. If the action is a result of section 252J.2, subsection
142, paragraph “a”, in the county in which the underlying support
15order is filed, by filing an application with the district
16court, and sending a copy of the application to the unit by
17regular mail child support services.
18 Sec. 1015. Section 252J.9, subsections 2 and 6, Code 2023,
19are amended to read as follows:
202. An application shall be filed to seek review of the
21decision by the unit child support services or following
22issuance of notice by the licensing authority no later than
23within thirty days after the issuance of the notice pursuant to
24section 252J.8. The clerk of the district court shall schedule
25a hearing and mail a copy of the order scheduling the hearing
26to the individual and the unit child support services and shall
27also mail a copy of the order to the licensing authority, if
28applicable. The unit Child support services shall certify a
29copy of its written decision and certificate of noncompliance,
30indicating the date of issuance, and the licensing authority
31shall certify a copy of a notice issued pursuant to section
32252J.8, to the court prior to the hearing.
336. If the court finds that the unit child support services
34 was in error in issuing a certificate of noncompliance,
35or in failing to issue a withdrawal of a certificate of
-730-1noncompliance, the unit child support services shall issue a
2withdrawal of a certificate of noncompliance to the appropriate
3licensing authority.
4 Sec. 1016. Section 252K.103, Code 2023, is amended to read
5as follows:
6252K.103 State tribunal and support enforcement agency.
71. The child Child support recovery unit services when
8the unit child support services establishes or modifies an
9order, upon ratification by the court, and the court, are the
10tribunals of this state.
112. The child Child support recovery unit services created in
12section 252B.2 is the support enforcement agency of this state.
13 Sec. 1017. Section 252K.201, subsection 1, paragraph g,
14Code 2023, is amended to read as follows:
15g. The individual asserted parentage of a child in the
16declaration of paternity registry maintained in this state
17by the Iowa department of public health and human services
18 pursuant to section 144.12A or established paternity by
19affidavit under section 252A.3A.
20 Sec. 1018. Section 252K.310, subsection 1, Code 2023, is
21amended to read as follows:
221. The child Child support recovery unit services is the
23state information agency under this chapter.
24 Sec. 1019. Section 252K.319, subsection 2, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26If neither the obligor, nor the obligee who is an individual,
27nor the child resides in this state, upon request from the
28support enforcement agency of this state or another state, the
29 child support recovery unit services or a tribunal of this
30state shall:
31 Sec. 1020. Section 252K.703, Code 2023, is amended to read
32as follows:
33252K.703 Relationship of child support recovery unit services
34 to United States central authority.
35The child Child support recovery unit services of this state
-731-1is recognized as the agency designated by the United States
2central authority to perform specific functions under the
3convention.
4 Sec. 1021. Section 252K.704, Code 2023, is amended to read
5as follows:
6252K.704 Initiation by child support recovery unit services
7 of support proceeding under convention.
81. In a support proceeding under this article, the child
9support recovery unit services of this state shall:
10a. Transmit and receive applications.
11b. Initiate or facilitate the institution of a proceeding
12regarding an application in a tribunal of this state.
132. The following support proceedings are available to an
14obligee under the convention:
15a. Recognition or recognition and enforcement of a foreign
16support order.
17b. Enforcement of a support order issued or recognized in
18this state.
19c. Establishment of a support order if there is no existing
20order, including, if necessary, determination of parentage of a
21child.
22d. Establishment of a support order if recognition of
23a foreign support order is refused under section 252K.708,
24subsection 2, paragraph “b”, “d”, or “i”.
25e. Modification of a support order of a tribunal of this
26state.
27f. Modification of a support order of a tribunal of another
28state or a foreign country.
293. The following support proceedings are available under
30the convention to an obligor against which there is an existing
31support order:
32a. Recognition of an order suspending or limiting
33enforcement of an existing support order of a tribunal of this
34state.
35b. Modification of a support order of a tribunal of this
-732-1state.
2c. Modification of a support order of a tribunal of another
3state or a foreign country.
44. A tribunal of this state may not require security, bond,
5or deposit, however described, to guarantee the payment of
6costs and expenses in proceedings under the convention.
7 Sec. 1022. Section 252K.705, subsection 4, Code 2023, is
8amended to read as follows:
94. A petitioner filing a direct request is not entitled to
10assistance from the child support recovery unit services.
11 Sec. 1023. Section 252K.708, subsection 3, paragraph b,
12Code 2023, is amended to read as follows:
13b. The child Child support recovery unit services shall take
14all appropriate measures to request a child support order for
15the obligee if the application for recognition and enforcement
16was received under section 252K.704.
17 Sec. 1024. Section 256.1, subsection 1, paragraph e, Code
182023, is amended to read as follows:
19e. Educational supervision over the elementary and secondary
20schools under the control of an administrator of a division of
21 the department of health and human services.
22 Sec. 1025. Section 256.9, subsection 15, Code 2023, is
23amended to read as follows:
2415. Provide the same educational supervision for the
25schools maintained by the director of health and human services
26as is provided for the public schools of the state and make
27recommendations to the director of health and human services
28for the improvement of the educational program in those
29institutions.
30 Sec. 1026. Section 256.9, subsection 31, paragraph b, Code
312023, is amended to read as follows:
32b. Standards and materials developed shall include materials
33which employ developmentally appropriate practices and
34incorporate substantial parental involvement. The materials
35and standards shall include alternative teaching approaches
-733-1including collaborative teaching and alternative dispute
2resolution training. The department shall consult with the
3child development coordinating council, the state child care
4advisory committee established pursuant to section 135.173A,
5the department of health and human services, the state board
6of regents center for early developmental education, the
7area education agencies, the department of human development
8and family studies in the college of human sciences at
9Iowa state university of science and technology, the early
10childhood elementary division of the college of education at
11the university of Iowa, and the college of education at the
12university of northern Iowa, in developing these standards and
13materials.
14 Sec. 1027. Section 256.9, subsection 46, paragraph a, Code
152023, is amended to read as follows:
16a. Develop and make available to school districts, examples
17of age-appropriate and research-based materials and lists
18of resources which parents may use to teach their children
19to recognize unwanted physical and verbal sexual advances,
20to not make unwanted physical and verbal sexual advances,
21to effectively reject unwanted sexual advances, that it is
22wrong to take advantage of or exploit another person, about
23the dangers of sexual exploitation by means of the internet
24including specific strategies to help students protect
25themselves and their personally identifiable information
26from such exploitation, and about counseling, medical, and
27legal resources available to survivors of sexual abuse and
28sexual assault, including resources for escaping violent
29relationships. The materials and resources shall cover verbal,
30physical, and visual sexual harassment, including nonconsensual
31sexual advances, and nonconsensual physical sexual contact. In
32developing the materials and resource list, the director shall
33consult with entities that shall include but not be limited to
34the departments of health and human services, public health,
35 and public safety, education stakeholders, and parent-teacher
-734-1organizations. School districts shall provide age-appropriate
2and research-based materials and a list of available community
3and internet-based resources to parents at registration and
4shall also include the age-appropriate and research-based
5materials and resource list in the student handbook. School
6districts are encouraged to work with their communities to
7provide voluntary parent education sessions to provide parents
8with the skills and appropriate strategies to teach their
9children as described in this subsection. School districts
10shall incorporate the age-appropriate and research-based
11materials into relevant curricula and shall reinforce the
12importance of preventive measures when reasonable with parents
13and students.
14 Sec. 1028. Section 256.9, subsection 50, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16Convene, in collaboration with the department of public
17 health and human services, a nutrition advisory panel to
18review research in pediatric nutrition conducted in compliance
19with accepted scientific methods by recognized professional
20organizations and agencies including but not limited to the
21institute of medicine. The advisory panel shall submit its
22findings and recommendations, which shall be consistent with
23the dietary guidelines for Americans published jointly by the
24United States department of health and human services and
25department of agriculture if in the judgment of the advisory
26panel the guidelines are supported by the research findings, in
27a report to the state board. The advisory panel may submit to
28the state board recommendations on standards related to federal
29school food programs if the recommendations are intended to
30exceed the existing federal guidelines. The state board
31shall consider the advisory panel report when establishing or
32amending the nutritional content standards required pursuant
33to section 256.7, subsection 29. The director shall convene
34the advisory panel by July 1, 2008, and every five years
35thereafter to review the report and make recommendations for
-735-1changes as appropriate. The advisory panel shall include
2but is not limited to at least one Iowa state university
3extension nutrition and health field specialist and at least
4one representative from each of the following:
5 Sec. 1029. Section 256.11, subsection 5, paragraph j,
6subparagraph (1), Code 2023, is amended to read as follows:
7(1) One unit of health education which shall include
8personal health; food and nutrition; environmental health;
9safety and survival skills; consumer health; family life;
10age-appropriate and research-based human growth and
11development; substance abuse use disorder and nonuse; emotional
12and social health; health resources; and prevention and control
13of disease, including age-appropriate and research-based
14information regarding sexually transmitted diseases, including
15HPV and the availability of a vaccine to prevent HPV, and
16acquired immune deficiency syndrome.
17 Sec. 1030. Section 256.16, subsection 1, paragraphs b and l,
18Code 2023, are amended to read as follows:
19b. Include in the professional education program,
20preparation that contributes to the education of students
21with disabilities and students who are gifted and talented,
22preparation in developing and implementing individualized
23education programs and behavioral intervention plans,
24preparation for educating individuals in the least restrictive
25environment and identifying that environment, strategies that
26address difficult and violent student behavior and improve
27academic engagement and achievement, and preparation in
28classroom management addressing high-risk behaviors including
29but not limited to behaviors related to substance abuse use
30disorder. Preparation required under this paragraph must be
31successfully completed before graduation from the practitioner
32preparation program.
33l. If the rules adopted by the board of educational
34examiners for issuance of any type or class of license require
35an applicant to complete work in student teaching, pre-student
-736-1teaching experiences, field experiences, practicums, clinicals,
2or internships, enter into a written contract with any school
3district, accredited nonpublic school, preschool registered or
4licensed by the department of health and human services, or
5area education agency in Iowa, to provide for such work under
6terms and conditions as agreed upon by the contracting parties.
7The terms and conditions of a written contract entered into
8with a preschool pursuant to this paragraph shall require
9that a student teacher be under the direct supervision of an
10appropriately licensed cooperating teacher who is employed
11to teach at the preschool. Students actually teaching or
12engaged in preservice licensure activities in a school district
13under the terms of such a contract are entitled to the same
14protection under section 670.8 as is afforded by that section
15to officers and employees of the school district, during the
16time such students are so assigned.
17 Sec. 1031. Section 256.35A, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. In addition, representatives of the department of
20education, the division of vocational rehabilitation of the
21department of education, the department of public health, the
22department of health and human services, the Iowa developmental
23disabilities council, the division of insurance of the
24department of commerce, and the state board of regents shall
25serve as ex officio members of the advisory council. Ex
26officio members shall work together in a collaborative manner
27to serve as a resource to the advisory council. The council
28may also form workgroups as necessary to address specific
29issues within the technical purview of individual members.
30 Sec. 1032. Section 256.39, subsection 5, Code 2023, is
31amended to read as follows:
325. In developing career pathways program efforts, each
33consortium shall make every effort to cooperate with the
34juvenile courts, the economic development authority, the
35department of workforce development, the department of health
-737-1and human services, and the new Iowa schools development
2corporation.
3 Sec. 1033. Section 256.46, subsection 1, paragraph g, Code
42023, is amended to read as follows:
5g. The child is a participant in a substance abuse use
6disorder or mental health program.
7 Sec. 1034. Section 256A.2, Code 2023, is amended to read as
8follows:
9256A.2 Child development coordinating council established.
101. A child development coordinating council is established
11to promote the provision of child development services to
12at-risk three-year-old and four-year-old children. The council
13shall consist of the following members:
14a. The administrator of the division of adult, children
15and family services of the department of human services or the
16administrator’s designee.
17b. a. The director of the department of education or the
18director’s designee.
19c. b. The director of health and human services or the
20director’s designee.
21d. The director of the department of public health or the
22director’s designee.
23e. c. An early childhood specialist of an area education
24agency selected by the area education agency administrators.
25f. d. The dean of the college of human sciences at Iowa
26state university of science and technology or the dean’s
27designee.
28g. e. The dean of the college of education from the
29university of northern Iowa or the dean’s designee.
30h. f. The professor and head of the department of
31pediatrics at the university of Iowa or the professor’s
32designee.
33i. g. A resident of this state who is a parent of a child
34who is or has been served by a federal head start program.
352. Staff assistance for the council shall be provided by
-738-1the department of education. Members of the council shall be
2reimbursed for actual and necessary expenses incurred while
3engaged in their official duties and shall receive per diem
4compensation at the level authorized under section 7E.6,
5subsection 1, paragraph “a”.
6 Sec. 1035. Section 256B.2, subsection 2, paragraph c, Code
72023, is amended to read as follows:
8c. For those children who cannot adapt to the regular
9educational or home living conditions, and who are attending
10facilities under chapters 263, 269, and 270, upon the request
11of the board of directors of an area education agency,
12the department of health and human services shall provide
13residential or detention facilities and the area education
14agency shall provide special education programs and services.
15The area education agencies shall cooperate with the board of
16regents to provide the services required by this chapter.
17 Sec. 1036. Section 256B.3, subsection 9, Code 2023, is
18amended to read as follows:
199. To cooperate with existing agencies such as the
20department of health and human services, the Iowa department of
21public health, the Iowa school for the deaf, the Iowa braille
22and sight saving school, the children’s hospitals, or other
23agencies concerned with the welfare and health of children
24requiring special education in the coordination of their
25educational activities for such children.
26 Sec. 1037. Section 256B.5, Code 2023, is amended to read as
27follows:
28256B.5 Information available upon request by bureau.
29The Iowa department of public health and human services
30 shall furnish to the state bureau of special education
31upon request information obtained from birth certificates
32relative to the name, address, and disability of any case of
33developmental disability. The state child health specialty
34clinics of the university of Iowa shall upon request furnish to
35the state bureau of special education the name, address, and
-739-1disability of all children of their register.
2 Sec. 1038. Section 256B.10, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. The department of education shall work with the state
5school for the deaf, the area education agencies, school
6districts, and the early hearing detection and intervention
7program in the Iowa department of public health and human
8services for purposes of coordinating, developing, and
9disseminating resources for use by parents or guardians, early
10hearing detection and intervention programs, the state school
11for the deaf, area education agencies, school districts, and
12accredited nonpublic schools to inform deaf and hard-of-hearing
13children’s expressive and receptive language acquisition or
14development.
15 Sec. 1039. Section 256B.10, subsection 3, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17The department of education, in consultation with the state
18school for the deaf, the area education agencies, school
19districts, and the early hearing detection and intervention
20program in the Iowa department of public health and human
21services, shall select existing tools or assessments that may
22be used by qualified educators to assess American sign language
23and English language and literacy development of deaf and
24hard-of-hearing children from birth through age eight.
25 Sec. 1040. Section 256B.10, subsection 5, paragraph b, Code
262023, is amended to read as follows:
27b. The department of education shall work with the early
28hearing detection and intervention program in the Iowa
29 department of public health and human services, the state
30school for the deaf, and the area education agencies when
31developing the guidelines. The department of education,
32in consultation with the Iowa school for the deaf, shall
33administer the family support mentoring program for deaf or
34hard-of-hearing children.
35 Sec. 1041. Section 256B.10, subsection 5, paragraph d,
-740-1subparagraph (5), Code 2023, is amended to read as follows:
2(5) Reach out to parents of children identified through
3the early hearing detection and intervention program in the
4Iowa department of public health and human services and share
5information about the family support mentoring program services
6available to such parents.
7 Sec. 1042. Section 256B.10, subsection 5, paragraph e, Code
82023, is amended to read as follows:
9e. The department of education shall coordinate family
10support mentoring activities with the early hearing detection
11and intervention program in the Iowa department of public
12 health and human services, the state school for the deaf, the
13area education agencies, and nonprofit organizations that
14provide family support mentoring to parents with deaf or
15hard-of-hearing children.
16 Sec. 1043. Section 256B.15, subsections 7, 9, and 10, Code
172023, are amended to read as follows:
187. The area education agencies shall transfer to the
19department of health and human services an amount equal to
20the nonfederal share of the payments to be received from the
21medical assistance program pursuant to chapter 249A. The
22nonfederal share amount shall be transferred to the medical
23assistance account prior to claims payment. This requirement
24does not apply to medical assistance reimbursement for
25services provided by an area education agency under part C
26of the federal Individuals With Disabilities Education Act.
27Funds received under this section shall not be considered or
28included as part of the area education agencies’ budgets when
29calculating funds that are to be received by area education
30agencies during a fiscal year.
319. The department of education and the department of health
32and human services shall adopt rules to implement this section.
3310. The department of health and human services shall offer
34assistance to the area education agencies in the identification
35of children eligible for reimbursement for services under this
-741-1section.
2 Sec. 1044. Section 256I.1, Code 2023, is amended to read as
3follows:
4256I.1 Definitions.
5For the purposes of this chapter, unless the context
6otherwise requires:
71. “Department” means the department of management health
8and human services.
92. “Desired results” means the set of desired results for
10improving the quality of life in this state for young children
11and their families identified in section 256I.2.
123. “Early care”, “early care services”, or “early care
13system” means the programs, services, support, or other
14assistance made available to a parent or other person who is
15involved with addressing the health and education needs of a
16child from zero through age five. “Early care”, “early care
17services”, or “early care system” includes but is not limited to
18public and private efforts and formal and informal settings.
194. “Early childhood Iowa area” means a geographic area
20designated in accordance with this chapter.
215. “Early childhood Iowa area board” or “area board”
22means the board for an early childhood Iowa area created in
23accordance with this chapter.
246. “Early childhood Iowa program” or “program” means the
25early childhood Iowa program established in section 256I.5.
266. 7. “Early childhood Iowa state board” or “state board”
27means the early childhood Iowa state board created in section
28256I.3.
29 Sec. 1045. Section 256I.3, subsection 2, paragraph a, Code
302023, is amended to read as follows:
31a. The board shall consist of twenty-one nineteen voting
32members with fifteen citizen members and six four state agency
33members. The six state agency members shall be the directors
34or their designees of the following agencies: economic
35development authority, education, human rights, health and
-742-1 human services, public health, and workforce development.
2The designees of state agency directors shall be selected on
3an annual basis. The citizen members shall be appointed by
4the governor, subject to confirmation by the senate. The
5governor’s appointments of citizen members shall be made in
6a manner so that each of the state’s congressional districts
7is represented by at least two citizen members and so that
8all the appointments as a whole reflect the ethnic, cultural,
9social, and economic diversity of the state. A member of the
10state board shall not be a provider of services or other entity
11receiving funding through the early childhood Iowa initiative
12or be employed by such a provider or other entity.
13 Sec. 1046. Section 256I.4, subsection 15, Code 2023, is
14amended to read as follows:
1515. Work with the early childhood Iowa office program
16 in building public-private partnerships for promoting the
17collaborative early care, education, health, and human services
18system.
19 Sec. 1047. Section 256I.5, subsection 2, Code 2023, is
20amended to read as follows:
212. An early childhood Iowa office program is established
22in the department to provide leadership for facilitation,
23communication, and coordination for the early childhood Iowa
24initiative activities and funding and for improvement of the
25early care, education, health, and human services systems. An
26administrator for the early childhood Iowa office program shall
27be appointed by the director of the department. Other staff
28may also be designated, subject to appropriation made for this
29purpose.
30 Sec. 1048. Section 256I.5, subsection 4, Code 2023, is
31amended to read as follows:
324. The office program shall work with the state and
33area boards to provide leadership for comprehensive system
34development. The office program shall also do all of the
35following:
-743- 1a. Enter into memoranda of agreement with the departments
2of education, human rights, human services, public health, and
3workforce development and the economic development authority to
4formalize the commitments of the respective departments and the
5authority to collaborating with and integrating a comprehensive
6early care, education, health, and human services system.
7Items addressed in the memoranda shall include but are not
8limited to data sharing and providing staffing to the technical
9assistance team.
10b. Work with private businesses, foundations, and nonprofit
11organizations to develop sustained funding.
12c. Maintain the internet site in accordance with section
13256I.10.
14d. Propose any needed revisions to administrative rules
15based on stakeholder input.
16e. Provide technical support to the state and area boards
17and to the early childhood Iowa areas through staffing services
18made available through the state agencies that serve on the
19state board.
20f. Develop, collect, disseminate, and provide guidance for
21common performance measures for the programs receiving funding
22under the auspices of the area boards.
23g. If a disagreement arises within an early childhood Iowa
24area regarding the interests represented on the area’s board,
25board decisions, or other disputes that cannot be locally
26resolved, upon request, provide state or regional technical
27assistance as deemed appropriate by the office program to
28assist the area in resolving the disagreement.
29 Sec. 1049. Section 256I.11, subsection 2, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31A school ready children grants account is created in the
32fund under the authority of the director of the department of
33education. Moneys credited to the account are appropriated
34to and shall be distributed by the department of education in
35the form of grants to early childhood Iowa areas pursuant to
-744-1criteria established by the state board in accordance with law.
2 Sec. 1050. Section 256I.11, subsection 4, paragraphs a, b,
3and c, Code 2023, are amended to read as follows:
4a. An early childhood programs grant account is created in
5the fund under the authority of the director of the department
6of human services. Moneys credited to the account are
7appropriated to and shall be distributed by the department of
8human services in the form of grants to early childhood Iowa
9areas pursuant to criteria established by the state board in
10accordance with law. The criteria shall include but are not
11limited to a requirement that an early childhood Iowa area must
12be designated by the state board in order to be eligible to
13receive an early childhood programs grant.
14b. An early childhood Iowa area receiving funding from
15the early childhood programs grant account shall comply with
16any federal reporting requirements associated with the use
17of that funding and other results and reporting requirements
18established by the state board. The department of human
19services shall provide technical assistance in identifying and
20meeting the federal requirements. The availability of funding
21provided from the account is subject to changes in federal
22requirements and amendments to Iowa law.
23c. The moneys distributed from the early childhood programs
24grant account shall be used by early childhood Iowa areas
25for the purposes of enhancing quality child care capacity in
26support of parent capability to obtain or retain employment.
27The moneys shall be used with a primary emphasis on low-income
28families and children from zero to age five. Moneys shall be
29provided in a flexible manner and shall be used to implement
30strategies identified by the early childhood Iowa area to
31achieve such purposes. The department of human services may
32use a portion of the funding appropriated to the department
33under this subsection for provision of technical assistance and
34other support to the early childhood Iowa areas developing and
35implementing strategies with grant moneys distributed from the
-745-1account.
2 Sec. 1051. Section 256I.11, subsection 5, Code 2023, is
3amended to read as follows:
45. A first years first account is created in the fund under
5the authority of the department of management. The account
6shall consist of gift or grant moneys obtained from any source,
7including but not limited to the federal government. Moneys
8credited to the account are appropriated to the department to
9be used for the early childhood-related purposes for which the
10moneys were received.
11 Sec. 1052. Section 256I.12, subsections 6 and 7, Code 2023,
12are amended to read as follows:
136. Steering committee. The early childhood stakeholders
14alliance shall operate with a steering committee to organize,
15manage, and coordinate the activities of the alliance and its
16component groups. The steering committee may act on behalf of
17the alliance as necessary. The steering committee membership
18shall consist of the co-chairpersons of the alliance’s
19component groups, the administrator of the early childhood Iowa
20office program, and other leaders designated by the alliance.
217. Component groups. The early childhood stakeholders
22alliance shall maintain component groups to address the
23key components of the Iowa early childhood system. Each
24component group shall have one private and one public agency
25co-chairperson. The alliance may change the component groups
26as deemed necessary by the alliance. Initially, there shall
27be a component group for each of the following: The component
28groups shall implement the strategic plan created pursuant to
29section 256I.4.
30a. Governance planning and administration.
31b. Professional development.
32c. Public engagement.
33d. Quality services and programs.
34e. Resources and funding.
35f. Results accountability.
-746-1 Sec. 1053. Section 256I.13, subsection 1, Code 2023, is
2amended to read as follows:
31. In order to implement the legislative intent stated in
4sections 135.106 and 256I.9, that priority for family support
5program funding be given to programs using evidence-based or
6promising models for family support, it is the intent of the
7general assembly that by July 1, 2016, ninety percent of state
8funds expended for family support programs shall be used for
9evidence-based or promising program models. The remaining ten
10percent of funds may be used for innovative program models that
11do not yet meet the definition of evidence-based or promising
12programs.
13 Sec. 1054. Section 256I.13, subsection 3, paragraphs b and
14e, Code 2023, are amended to read as follows:
15b. The data on families served that is collected by the
16family support programs funded through the early childhood
17Iowa initiative shall include but is not limited to basic
18demographic information, services received, funding utilized,
19and program outcomes for the children and families served. The
20state board shall adopt performance benchmarks for the family
21support programs and shall revise the Iowa family support
22credential to incorporate the performance benchmarks on or
23before January 1, 2014.
24e. The state board shall develop a plan to implement a
25coordinated intake and referral process for publicly funded
26family support programs in order to engage the families
27expecting a child or with newborn and infant children through
28age five in all communities in the state by July 1, 2015.
29 Sec. 1055. Section 257.11, subsection 4, paragraph e,
30subparagraphs (2) and (3), Code 2023, are amended to read as
31follows:
32(2) The pupil is not in a court-ordered placement under
33chapter 232 under the care and custody of the department of
34health and human services or juvenile court services.
35(3) The pupil is not in the state training school pursuant
-747-1to a court order entered under chapter 232 under the care and
2custody of the department of health and human services.
3 Sec. 1056. Section 257.41, subsection 4, paragraphs b and c,
4Code 2023, are amended to read as follows:
5b. The student is not in a court-ordered placement under
6chapter 232 under the care and custody of the department of
7health and human services or juvenile court services.
8c. The student is not in the state training school pursuant
9to a court order entered under chapter 232 under the care and
10custody of the department of health and human services.
11 Sec. 1057. Section 260C.40, Code 2023, is amended to read
12as follows:
13260C.40 Prohibition of controlled substances.
14Each community college shall adopt a policy that prohibits
15unlawful possession, use, or distribution of controlled
16substances by students and employees on property owned
17or leased by the community college or in conjunction with
18activities sponsored by a community college. Each community
19college shall provide information about the policy to all
20students and employees. The policy shall include a clear
21statement of sanctions for violation of the policy and
22information about available drug or alcohol counseling and
23rehabilitation programs. In carrying out this policy, the
24community college shall provide substance abuse use disorder
25 prevention programs for students and employees.
26 Sec. 1058. Section 261.2, subsection 6, Code 2023, is
27amended to read as follows:
286. Develop and implement, in cooperation with the
29department of health and human services and the judicial
30branch, a program to assist juveniles who are sixteen years of
31age or older and who have a case permanency plan under chapter
32232 or 237 or are otherwise under the jurisdiction of chapter
33232 in applying for federal and state aid available for higher
34education.
35 Sec. 1059. Section 261.9, subsection 1, paragraph e, Code
-748-12023, is amended to read as follows:
2e. Adopts a policy that prohibits unlawful possession,
3use, or distribution of controlled substances by students and
4employees on property owned or leased by the institution or
5in conjunction with activities sponsored by the institution.
6Each institution shall provide information about the policy
7to all students and employees. The policy shall include a
8clear statement of sanctions for violation of the policy
9and information about available drug or alcohol counseling
10and rehabilitation programs. In carrying out this policy,
11an institution shall provide substance abuse use disorder
12 prevention programs for students and employees.
13 Sec. 1060. Section 261.71, subsection 3, Code 2023, is
14amended to read as follows:
153. For purposes of this section “graduate student” means
16a student who has completed at least ninety semester hours,
17or the trimester or quarter equivalent, of postsecondary
18course work at a public higher education institution or at an
19accredited private institution, as defined under section 261.9.
20“Underserved area” means a geographical area included on the
21Iowa governor’s health practitioner shortage area list, which
22is compiled by the center for rural health and primary care
23of the Iowa department of public health and human services.
24The commission shall adopt rules, consistent with rules used
25for students enrolled in higher education institutions under
26the control of the state board of regents, for purposes of
27determining Iowa residency status of graduate students under
28this section. The commission shall also adopt rules which
29provide standards, guidelines, and procedures for the receipt,
30processing, and administration of student applications and
31loans under this section.
32 Sec. 1061. Section 261.87, subsection 1, paragraph b, Code
332023, is amended to read as follows:
34b. “Eligible foster care student” means a person who has a
35high school diploma or a high school equivalency diploma under
-749-1chapter 259A and is described by any of the following:
2(1) Is age seventeen and is in a court-ordered placement
3under chapter 232 under the care and custody of the department
4of health and human services or juvenile court services.
5(2) Is age seventeen and has been placed in a state juvenile
6institution pursuant to a court order entered under chapter
7232 under the care and custody of the department of health and
8 human services.
9(3) Is described by any of the following:
10(a) On the date the person reached age eighteen or during
11the thirty calendar days preceding or succeeding that date,
12the person was in a licensed foster care placement pursuant
13to a court order entered under chapter 232 under the care and
14custody of the department of health and human services or
15juvenile court services.
16(b) On the date the person reached age eighteen or during
17the thirty calendar days preceding or succeeding that date, the
18person was under a court order under chapter 232 to live with a
19relative or other suitable person.
20(c) The person was in a licensed foster care placement
21pursuant to an order entered under chapter 232 prior to being
22legally adopted after reaching age sixteen.
23(d) On the date the person reached age eighteen or during
24the thirty calendar days preceding or succeeding that date,
25the person was placed in a state juvenile institution pursuant
26to a court order entered under chapter 232 under the care and
27custody of the department of health and human services.
28 Sec. 1062. Section 261B.11, subsection 1, paragraph m, Code
292023, is amended to read as follows:
30m. Higher education institutions located in Iowa whose
31massage therapy curriculum is approved under administrative
32rules of the professional licensure division of the department
33of public health and human services and whose instructors are
34licensed massage therapists under chapter 152C.
35 Sec. 1063. Section 262.9A, Code 2023, is amended to read as
-750-1follows:
2262.9A Prohibition of controlled substances.
3The state board of regents shall adopt a policy that
4prohibits unlawful possession, use, or distribution of
5controlled substances by students and employees on property
6owned or leased by an institution or in conjunction with
7activities sponsored by an institution governed by the board.
8Each institution shall provide information about the policy
9to all students and employees. The policy shall include a
10clear statement of sanctions for violation of the policy
11and information about available drug or alcohol counseling
12and rehabilitation programs. In carrying out this policy,
13the institutions shall provide substance abuse use disorder
14 prevention programs for students and employees.
15 Sec. 1064. Section 262.70, Code 2023, is amended to read as
16follows:
17262.70 Education, prevention, and research programs in mental
18health and disability services.
19The division of mental health and disability services of
20the department of health and human services may contract with
21the board of regents or any institution under the board’s
22jurisdiction to establish and maintain programs of education,
23prevention, and research in the fields of mental health,
24intellectual disability, developmental disabilities, and
25brain injury. The board may delegate responsibility for these
26programs to the state psychiatric hospital, the university
27hospital, or any other appropriate entity under the board’s
28jurisdiction.
29 Sec. 1065. Section 262.71, Code 2023, is amended to read as
30follows:
31262.71 Center for early development education.
32The board of regents shall develop a center for early
33development education at one of the regents institutions
34specified in section 262.7, subsections 1 through 3. The
35center’s programs shall be conducted in a laboratory school
-751-1setting to serve as a model for early childhood education.
2The programs shall include, but not be limited to, programs
3designed to accommodate the needs of at-risk children. The
4teacher education programs at all three state universities
5shall cooperate in developing the center and its programs. The
6center’s programs shall take a holistic approach and the center
7shall, in developing its programs, consult with representatives
8from each of the following agencies, institutions, or groups:
91. The university of northern Iowa.
102. Iowa state university.
113. The university of Iowa.
124. The division of child and family services of the
13department of human services.
145. The department of public health.
156. 4. The department of health and human services.
167. 5. An early childhood development specialist from an
17area education agency.
188. 6. A parent of a child in a head start program.
199. 7. The department of education.
2010. 8. The child development coordinating council.
21 Sec. 1066. Section 262.78, subsections 2 and 3, Code 2023,
22are amended to read as follows:
232. The center shall cooperate with the center for rural
24health and primary care, established under department of health
25and human services pursuant to section 135.107, the center
26for health effects of environmental contamination established
27pursuant to section 263.17, and the department of agriculture
28and land stewardship. The agencies shall coordinate programs
29to the extent practicable.
303. The president of the university of Iowa, in consultation
31with the president of Iowa state university of science and
32technology, shall employ a full-time director of the center.
33The center may employ staff to carry out the center’s purpose.
34The director shall coordinate the agricultural health and
35safety programs of the center. The director shall regularly
-752-1meet and consult with the center for rural health and primary
2care department of health and human services pursuant to
3section 135.107. The director shall provide the board of
4regents with relevant information regarding the center.
5 Sec. 1067. Section 263.8, subsection 2, Code 2023, is
6amended to read as follows:
72. In addition to its regular work, the state hygienic
8laboratory shall perform without charge all bacteriological,
9serological, and epidemiological examinations and
10investigations which may be required by the Iowa department of
11public health and human services and the department shall adopt
12rules pursuant to chapter 17A therefor for the examinations
13and investigations. The laboratory shall also provide, those
14laboratory, scientific field measurement, and environmental
15quality services which, by contract, are requested by the other
16agencies of government.
17 Sec. 1068. Section 263.10, Code 2023, is amended to read as
18follows:
19263.10 Persons admitted.
20Every resident of the state who is not more than twenty-one
21years of age, who has such severe disabilities as to be unable
22to acquire an education in the public or accredited nonpublic
23schools, and every such person who is twenty-one and under
24thirty-five years of age who has the consent of the state board
25of regents, shall be entitled to receive an education, care,
26and training in the university of Iowa hospitals and clinics
27center for disabilities and development, and nonresidents
28similarly situated may be entitled to an education and care at
29the center upon such terms as may be fixed by the state board
30of regents. The fee for nonresidents shall be not less than
31the average expense of resident pupils and shall be paid in
32advance. Residents and persons under the care and control of a
33director of a division of the department of health and human
34services who have severe disabilities may be transferred to the
35center upon such terms as may be agreed upon by the state board
-753-1of regents and the director of health and human services.
2 Sec. 1069. Section 263.17, subsection 2, paragraph a,
3subparagraph (10), Code 2023, is amended to read as follows:
4(10) The Iowa department of public health and human
5services.
6 Sec. 1070. Section 263.17, subsection 7, Code 2023, is
7amended to read as follows:
87. The center shall cooperate with the center for rural
9health and primary care, established under department of
10health and human services pursuant to section 135.107, the
11center for agricultural safety and health established under
12section 262.78, and the department of agriculture and land
13stewardship. The agencies shall coordinate programs to the
14extent practicable.
15 Sec. 1071. Section 263.21, Code 2023, is amended to read as
16follows:
17263.21 Transfer of patients from state institutions.
18The director of the department of health and human services,
19in respect to institutions under the director’s control, the
20administrator of any of the divisions of the department, in
21respect to the institutions under the administrator’s control,
22 the director of the department of corrections, in respect to
23the institutions under the department’s control, and the state
24board of regents, in respect to the Iowa braille and sight
25saving school and the Iowa school for the deaf, may send any
26inmate, student, or patient of an institution, or any person
27committed or applying for admission to an institution, to
28the university of Iowa hospitals and clinics for treatment
29and care. The department of health and human services, the
30department of corrections, and the state board of regents shall
31respectively pay the traveling expenses of such patient, and
32when necessary the traveling expenses of an attendant for
33the patient, out of funds appropriated for the use of the
34institution from which the patient is sent.
35 Sec. 1072. Section 263.17, subsection 2, paragraph a,
-754-1subparagraph (10), Code 2023, is amended to read as follows:
2(10) The Iowa department of public health and human
3services.
4 Sec. 1073. Section 263B.7, Code 2023, is amended to read as
5follows:
6263B.7 Ancient remains.
7The state archaeologist has the primary responsibility
8for investigating, preserving, and reinterring discoveries
9of ancient human remains. For the purposes of this section,
10ancient human remains are those remains found within the state
11which are more than one hundred fifty years old. The state
12archaeologist shall make arrangements for the services of a
13forensic osteologist in studying and interpreting ancient
14burials and may designate other qualified archaeologists to
15assist the state archaeologist in recovering physical and
16cultural information about the ancient burials. The state
17archaeologist shall file with the Iowa department of public
18 health and human services a written report containing both
19physical and cultural information regarding the remains at the
20conclusion of each investigation.
21 Sec. 1074. Section 272C.1, subsection 6, paragraph ad, Code
222023, is amended to read as follows:
23ad. The director of public health and human services in
24certifying emergency medical care providers and emergency
25medical care services pursuant to chapter 147A.
26 Sec. 1075. Section 272C.3, subsection 1, paragraph k, Code
272023, is amended to read as follows:
28k. Establish a licensee review committee for the purpose
29of evaluating and monitoring licensees who are impaired as
30a result of alcohol or drug abuse substance use disorder,
31dependency, or addiction, or by any mental or physical disorder
32or disability, and who self-report the impairment to the
33committee, or who are referred by the board to the committee.
34Members of the committee shall receive actual expenses for the
35performance of their duties and shall be eligible to receive
-755-1per diem compensation pursuant to section 7E.6. The board
2shall adopt rules for the establishment and administration of
3the committee, including but not limited to establishment of
4the criteria for eligibility for referral to the committee and
5the grounds for disciplinary action for noncompliance with
6committee decisions. Information in the possession of the
7board or the licensee review committee, under this paragraph,
8shall be subject to the confidentiality requirements of section
9272C.6. Referral of a licensee by the board to a licensee
10review committee shall not relieve the board of any duties
11of the board and shall not divest the board of any authority
12or jurisdiction otherwise provided. A licensee who violates
13section 272C.10 or the rules of the board while under review by
14the licensee review committee shall be referred to the board
15for appropriate action.
16 Sec. 1076. Section 272C.3, subsection 4, paragraph b, Code
172023, is amended to read as follows:
18b. All health care boards shall file written decisions
19which specify the sanction entered by the board with the Iowa
20 department of public health and human services which shall be
21available to the public upon request. All non-health care
22boards shall have on file the written and specified decisions
23and sanctions entered by the board and shall be available to
24the public upon request.
25 Sec. 1077. Section 272C.4, subsection 9, Code 2023, is
26amended to read as follows:
279. Require each health care licensing board to file with
28the Iowa department of public health and human services a copy
29of each decision of the board imposing licensee discipline.
30Each non-health care board shall have on file a copy of each
31decision of the board imposing licensee discipline which
32copy shall be properly dated and shall be in simple language
33and in the most concise form consistent with clearness and
34comprehensiveness of subject matter.
35 Sec. 1078. Section 272C.6, subsection 6, paragraph b, Code
-756-12023, is amended to read as follows:
2b. The department of agriculture and land stewardship,
3the department of commerce, and the Iowa department of public
4 health and human services shall each adopt rules pursuant to
5chapter 17A which provide for the allocation of fees and costs
6collected pursuant to this section to the board under its
7jurisdiction collecting the fees and costs. The fees and costs
8shall be considered repayment receipts as defined in section
98.2.
10 Sec. 1079. Section 279.49, subsections 1 and 3, Code 2023,
11are amended to read as follows:
121. The board of directors of a school corporation may
13operate or contract for the operation of a program to provide
14child care to children not enrolled in school or to students
15enrolled in kindergarten through grade six before and after
16school, or to both. Programs operated or contracted by a
17board shall be licensed by the department of health and human
18services under chapter 237A as a child care center unless
19the program is exempt from licensure under chapter 237A.
20Notwithstanding requirements of the department of health and
21 human services regarding space allocated to child care centers
22licensed under chapter 237A, a program operated or contracted
23by a board which is located on school grounds may define
24alternative spaces, in policy and procedures, appropriate to
25meet the needs of children in the program if the primary space
26is required for another use.
273. The facilities housing a program operated under this
28section shall comply with standards adopted by the state fire
29marshal for school buildings under chapter 100. In addition,
30if a program involves children who are younger than school
31age, the facilities housing those children shall meet the fire
32safety standards which would apply to that age of child in a
33child care facility licensed by the department of health and
34 human services.
35 Sec. 1080. Section 279.50, subsection 8, Code 2023, is
-757-1amended to read as follows:
28. The department of education shall identify and
3disseminate information about early intervention programs
4for students who are at the greatest risk of suffering from
5the problem of dropping out of school, substance abuse use
6disorder, adolescent pregnancy, or suicide.
7 Sec. 1081. Section 279.60, subsection 2, Code 2023, is
8amended to read as follows:
92. The school district shall also collect information from
10each parent, guardian, or legal custodian of a kindergarten
11student enrolled in the district on whether the student
12attended preschool. Each school district shall report the
13preschool information collected to the department of education
14in the manner prescribed by the department not later than
15January 1 of that school year. The early childhood Iowa office
16 program in the department of management health and human
17services shall have access to the raw data. The department of
18education shall review the information submitted pursuant to
19this section and shall submit its findings and recommendations
20annually in a report to the governor, the general assembly, the
21early childhood Iowa state board, and the early childhood Iowa
22area boards.
23 Sec. 1082. Section 279.76, subsection 3, paragraph a, Code
242023, is amended to read as follows:
25a. “Emergent care situation” means a sudden or unforeseen
26occurrence or onset of a medical or behavioral condition that
27could result in serious injury or harm to a student or others
28in the event immediate medical attention is not provided.
29“Emergent care situation” includes the need to screen a student
30or others for symptoms or exposures during an outbreak or
31public health event of concern as designated by the department
32of public health and human services.
33 Sec. 1083. Section 280.13C, subsection 3, paragraph a, Code
342023, is amended to read as follows:
35a. The department of public health and human services, the
-758-1 Iowa high school athletic association, and the Iowa girls high
2school athletic union shall work together to develop training
3materials and courses regarding concussions and brain injuries,
4including training regarding evaluation, prevention, symptoms,
5risks, and long-term effects of concussions and brain injuries.
6Each coach or contest official shall complete such training at
7least every two years.
8 Sec. 1084. Section 280.13C, subsection 4, Code 2023, is
9amended to read as follows:
104. Guidelines and information sheet.
11a. The department of public health and human services, the
12 Iowa high school athletic association, and the Iowa girls high
13school athletic union shall work together to distribute the
14guidelines of the centers for disease control and prevention
15of the United States department of health and human services
16and other pertinent information to inform and educate coaches,
17students, and the parents and guardians of students of the
18risks, signs, symptoms, and behaviors consistent with a
19concussion or brain injury, including the danger of continuing
20to participate in extracurricular interscholastic activities
21after suffering a concussion or brain injury and their
22responsibility to report such signs, symptoms, and behaviors
23if they occur.
24b. For school years beginning on or after July 1, 2018,
25each school district and nonpublic school shall provide to the
26parent or guardian of each student in grades seven through
27twelve a concussion and brain injury information sheet,
28as provided by the department of public health and human
29services, the Iowa high school athletic association, and the
30Iowa girls high school athletic union. The student and the
31student’s parent or guardian shall sign and return a copy
32of the concussion and brain injury information sheet to the
33student’s school prior to the student’s participation in any
34extracurricular interscholastic activity.
35 Sec. 1085. Section 280.13C, subsection 6, paragraph a, Code
-759-12023, is amended to read as follows:
2a. The department of public health and human services, in
3cooperation with the Iowa high school athletic association
4and the Iowa girls high school athletic union, shall develop
5a return-to-play protocol based on peer-reviewed scientific
6evidence consistent with the guidelines of the centers for
7disease control and prevention of the United States department
8of health and human services, for a student’s return to
9participation in any extracurricular interscholastic activity
10after showing signs, symptoms, or behaviors consistent with a
11concussion or brain injury. The department of public health
12and human services shall adopt the return-to-play protocol
13by rule pursuant to chapter 17A. The board of directors
14of each school district and the authorities in charge of
15each accredited nonpublic school with enrolled students who
16participate in an extracurricular interscholastic activity
17which is a contest in grades seven through twelve shall adopt
18such protocol by July 1, 2019.
19 Sec. 1086. Section 280.16, subsection 1, paragraph a, Code
202023, is amended to read as follows:
21a. “Bronchodilator” means a bronchodilator as recommended
22by the department of public health and human services for
23treatment of a student’s respiratory distress, asthma, or other
24airway constricting disease.
25 Sec. 1087. Section 280.16, subsection 7, Code 2023, is
26amended to read as follows:
277. The Iowa braille and sight saving school, the Iowa school
28for the deaf, and the institutions under the control of the
29department of health and human services as provided in section
30218.1 are exempt from the provisions of this section.
31 Sec. 1088. Section 280.17, subsection 1, Code 2023, is
32amended to read as follows:
331. The board of directors of a school district and the
34authorities in charge of a nonpublic school shall prescribe
35procedures, in accordance with the guidelines contained in
-760-1the model policy developed by the department of education in
2consultation with the department of health and human services,
3and adopted by the department of education pursuant to chapter
417A, for the handling of reports of child abuse, as defined in
5section 232.68, subsection 2, paragraph “a”, subparagraph (1),
6(3), or (5), alleged to have been committed by an employee or
7agent of the public or nonpublic school.
8 Sec. 1089. Section 280.25, subsection 1, Code 2023, is
9amended to read as follows:
101. The board of directors of each public school and the
11authorities in charge of each accredited nonpublic school
12shall adopt a policy and the superintendent of each public
13school shall adopt rules which provide that the school
14district or school may share information contained within a
15student’s permanent record pursuant to an interagency agreement
16with state and local agencies that are part of the juvenile
17justice system. These agencies include, but are not limited
18to, juvenile court services, the department of health and
19 human services, and local law enforcement authorities. The
20disclosure of information shall be directly related to the
21juvenile justice system’s ability to effectively serve, prior
22to adjudication, the student whose records are being released.
23 Sec. 1090. Section 280.29, subsection 1, paragraph e, Code
242023, is amended to read as follows:
25e. Enter into a memorandum of understanding with the
26department of health and human services regarding the exchange
27of information as appropriate to facilitate the enrollment
28transition of children adjudicated under chapter 232 or
29receiving foster care services from one school to another
30school.
31 Sec. 1091. Section 280.32, subsections 3 and 6, Code 2023,
32are amended to read as follows:
333. Radon testing pursuant to this section conducted on and
34after July 1, 2022, shall be conducted by a person certified
35to conduct such testing pursuant to section 136B.1 or by
-761-1district employees that have completed a school radon testing
2training program approved by the department of education and
3the department of public health and human services. District
4employees that have completed training shall not perform
5testing services in locations other than the employee’s
6employing district. The department of public health and human
7services shall maintain and make available to school districts
8a list of such approved school radon testing training programs.
9Testing shall be based on recognized national standards that
10outline school radon testing practices.
116. In consultation with appropriate stakeholders and the
12department of education, the department of public health and
13human services shall adopt rules to administer this section.
14 Sec. 1092. Section 280A.1, subsection 3, Code 2023, is
15amended to read as follows:
163. “Behavioral health screening” or “screening” means a
17screening and assessment performed using a universal behavioral
18health screening and assessment tool, approved for use by the
19department of education in consultation with the department of
20public health and the department of human services, to identify
21factors that place children at higher risk for behavioral
22health conditions, to determine appropriate treatment or
23intervention, and to identify the need for referral for
24appropriate services.
25 Sec. 1093. Section 282.18, subsection 7, paragraph b, Code
262023, is amended to read as follows:
27b. If a request to transfer is due to a change in family
28residence, a change in a child’s residence from the residence
29of one parent or guardian to the residence of a different
30parent or guardian, a change in the state in which the family
31residence is located, a change in a child’s parents’ marital
32status, a guardianship proceeding, placement in foster care,
33adoption, participation in a foreign exchange program, or
34participation in a substance abuse use disorder or mental
35health treatment program, and the child who is the subject of
-762-1the request is enrolled in any grade from kindergarten through
2grade twelve or who is a prekindergarten student enrolled in a
3special education program at the time of the request and is not
4currently using any provision of open enrollment, the parent or
5guardian of the child shall have the option to have the child
6remain in the child’s original district of residence under open
7enrollment with no interruption in the child’s educational
8program. If a parent or guardian exercises this option, the
9child’s new district of residence is not required to pay the
10amount calculated in subsection 5 or 6, as applicable, until
11the start of the first full year of enrollment of the child.
12 Sec. 1094. Section 282.18, subsection 9, paragraph a,
13subparagraph (8), Code 2023, is amended to read as follows:
14(8) If the pupil participates in open enrollment because
15of circumstances that meet the definition of good cause. For
16purposes of this subparagraph, “good cause” means a change in a
17child’s residence due to a change in family residence, a change
18in a child’s residence from the residence of one parent or
19guardian to the residence of a different parent or guardian, a
20change in the state in which the family residence is located,
21a change in a child’s parents’ marital status, a guardianship
22or custody proceeding, placement in foster care, adoption,
23participation in a foreign exchange program, initial placement
24of a prekindergarten student in a special education program
25requiring specially designed instruction, or participation
26in a substance abuse use disorder or mental health treatment
27program, a change in the status of a child’s resident district
28such as removal of accreditation by the state board, surrender
29of accreditation, or permanent closure of a nonpublic school,
30revocation of a charter school contract as provided in section
31256E.10 or 256F.8, the failure of negotiations for a whole
32grade sharing, reorganization, dissolution agreement, or the
33rejection of a current whole grade sharing agreement, or
34reorganization plan.
35 Sec. 1095. Section 282.19, Code 2023, is amended to read as
-763-1follows:
2282.19 Child living in substance abuse use disorder or foster
3care placement.
41. A child who is living in a facility that provides
5residential treatment as “facility” is defined in section
6125.2, which is located in a school district other than the
7school district in which the child resided before entering the
8facility may enroll in and attend an accredited school in the
9school district in which the child is living.
102. A child who is living in a licensed individual or agency
11child foster care facility, as defined in section 237.1, or
12in an unlicensed relative foster care placement, shall remain
13enrolled in and attend an accredited school in the school
14district in which the child resided and is enrolled at the
15time of placement, unless it is determined by the juvenile
16court or the public or private agency of this state that has
17responsibility for the child’s placement that remaining in such
18school is not in the best interests of the child. If such
19a determination is made, the child may attend an accredited
20school located in the school district in which the child is
21living and not in the school district in which the child
22resided prior to receiving foster care.
233. The instructional costs for students who do not require
24special education shall be paid as provided in section 282.31,
25subsection 1, paragraph “b”, or for students who require
26special education shall be paid as provided in section 282.31,
27subsection 2 or 3.
28 Sec. 1096. Section 282.27, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. The child is not placed by the department of health and
31 human services or a court in a day program treatment program in
32such psychiatric unit or institution.
33 Sec. 1097. Section 282.27, subsection 4, paragraph b, Code
342023, is amended to read as follows:
35b. The child is not placed by the department of health and
-764-1 human services or a court in a day program treatment program in
2such psychiatric unit or institution.
3 Sec. 1098. Section 282.33, subsection 1, Code 2023, is
4amended to read as follows:
51. A child who resides in an institution for children under
6the jurisdiction of the director of health and human services
7referred to in section 218.1, subsection 3, 4, 5, or 6, and who
8is not enrolled in the educational program of the district of
9residence of the child, shall receive appropriate educational
10services. The institution in which the child resides shall
11submit a proposed program and budget based on the average daily
12attendance of the children residing in the institution to the
13department of education and the department of health and human
14services by January 1 for the next succeeding school year. The
15department of education shall review and approve or modify the
16proposed program and budget and shall notify the department
17of administrative services of its action by February 1. The
18department of administrative services shall pay the approved
19budget amount to the department of health and human services in
20monthly installments beginning September 15 and ending June 15
21of the next succeeding school year. The installments shall be
22as nearly equal as possible as determined by the department of
23administrative services, taking into consideration the relative
24budget and cash position of the state’s resources. The
25department of administrative services shall pay the approved
26budget amount for the department of health and human services
27from the moneys appropriated under section 257.16 and the
28department of health and human services shall distribute the
29payment to the institution. The institution shall submit an
30accounting for the actual cost of the program to the department
31of education by August 1 of the following school year. The
32department shall review and approve or modify all expenditures
33incurred in compliance with the guidelines adopted pursuant to
34section 256.7, subsection 10, and shall notify the department
35of administrative services of the approved accounting amount.
-765-1The approved accounting amount shall be compared with any
2amounts paid by the department of administrative services to
3the department of health and human services and any differences
4added to or subtracted from the October payment made under this
5subsection for the next school year. Any amount paid by the
6department of administrative services shall be deducted monthly
7from the state foundation aid paid under section 257.16 to all
8school districts in the state during the subsequent fiscal
9year. The portion of the total amount of the approved budget
10that shall be deducted from the state aid of a school district
11shall be the same as the ratio that the budget enrollment for
12the budget year of the school district bears to the total
13budget enrollment in the state for that budget year in which
14the deduction is made.
15 Sec. 1099. Section 283A.2, subsection 3, Code 2023, is
16amended to read as follows:
173. Each school district that operates or provides for
18a school breakfast or lunch program shall provide for the
19forwarding of information from the applications for the school
20breakfast or lunch program, for which federal funding is
21provided, to identify children for enrollment in the medical
22assistance program pursuant to chapter 249A or the healthy
23and well kids in Iowa program pursuant to chapter 514I to the
24department of health and human services.
25 Sec. 1100. Section 285.1, subsection 1, paragraph a,
26subparagraph (3), Code 2023, is amended to read as follows:
27(3) Children attending prekindergarten programs offered or
28sponsored by the district or nonpublic school and approved by
29the department of education or department of health and human
30services or children participating in preschool in an approved
31local program under chapter 256C may be provided transportation
32services. However, transportation services provided to
33nonpublic school children are not eligible for reimbursement
34under this chapter.
35 Sec. 1101. Section 303.3C, subsection 1, paragraph a, Code
-766-12023, is amended to read as follows:
2a. The department of cultural affairs shall establish
3and administer an Iowa great places program for purposes
4of combining resources of state government in an effort to
5showcase the unique and authentic qualities of communities,
6regions, neighborhoods, and districts that make such places
7exceptional places to work and live. The department of
8cultural affairs shall provide administrative assistance to
9the Iowa great places board. The department of cultural
10affairs shall coordinate the efforts of the Iowa great places
11board with the efforts of state agencies participating in
12the program which shall include, but not be limited to, the
13economic development authority, the Iowa finance authority, the
14department of health and human rights services, the department
15of natural resources, the state department of transportation,
16and the department of workforce development.
17 Sec. 1102. Section 307.24, subsection 5, paragraph b, Code
182023, is amended to read as follows:
19b. For department of health and human services facility
20roads, six and one-half percent.
21 Sec. 1103. Section 321.1, subsection 8, paragraph g, Code
222023, is amended to read as follows:
23g. If authorized to transport patients or clients by the
24director of the department of health and human services or the
25director’s designee, an employee of the department of health
26and human services is not a chauffeur when transporting the
27patients or clients in an automobile.
28 Sec. 1104. Section 321.19, subsection 1, paragraph c,
29subparagraph (3), Code 2023, is amended to read as follows:
30(3) Persons in the department of justice, the alcoholic
31beverages division of the department of commerce, disease
32investigators of the Iowa department of public health and human
33services, the department of inspections and appeals, and the
34department of revenue, who are regularly assigned to conduct
35investigations which cannot reasonably be conducted with a
-767-1vehicle displaying “official” state registration plates.
2 Sec. 1105. Section 321.34, subsection 11A, paragraphs b and
3c, Code 2023, are amended to read as follows:
4b. Love our kids plates shall be designed by the department
5in cooperation with the Iowa department of public health and
6human services.
7c. The special fee for letter-number designated love our
8kids plates is thirty-five dollars. The fee for personalized
9love our kids plates is twenty-five dollars, which shall
10be paid in addition to the special love our kids fee of
11thirty-five dollars. The fees collected by the director under
12this subsection shall be paid monthly to the treasurer of
13state and deposited in the road use tax fund. The treasurer
14of state shall transfer monthly from the statutory allocations
15fund created under section 321.145, subsection 2, to the Iowa
16 department of public health and human services the amount
17of the special fees collected in the previous month for the
18love our kids plates. Notwithstanding section 8.33, moneys
19transferred under this subsection shall not revert to the
20general fund of the state.
21 Sec. 1106. Section 321.34, subsection 23, paragraph c, Code
222023, is amended to read as follows:
23c. The special fee for letter-number designated breast
24cancer awareness plates is thirty-five dollars. The fee for
25personalized breast cancer awareness plates is twenty-five
26dollars, which shall be paid in addition to the special
27breast cancer awareness fee of thirty-five dollars. The fees
28collected by the director under this subsection shall be paid
29monthly to the treasurer of state and deposited in the road
30use tax fund. The treasurer of state shall transfer monthly
31from the statutory allocations fund created under section
32321.145, subsection 2, to the Iowa department of public health
33and human services the amount of the special fees collected
34in the previous month for the breast cancer awareness plates
35and such funds are appropriated to the Iowa department of
-768-1public health and human services. The Iowa department of
2public health and human services shall distribute one hundred
3percent of the funds received monthly in the form of grants to
4support breast cancer screenings for both men and women who
5meet eligibility requirements like those established by the
6Susan G. Komen foundation. In the awarding of grants, the Iowa
7 department of public health and human services shall give first
8consideration to affiliates of the Susan G. Komen foundation
9and similar nonprofit organizations providing for breast cancer
10screenings at no cost in Iowa. Notwithstanding section 8.33,
11moneys transferred under this subsection shall not revert to
12the general fund of the state.
13 Sec. 1107. Section 321.178, subsection 1, paragraph a,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) A minimum of four hours of instruction concerning
16substance abuse use disorder and distracted driving.
17 Sec. 1108. Section 321.178A, subsection 3, paragraph a,
18subparagraph (2), Code 2023, is amended to read as follows:
19(2) Instruction concerning substance abuse use disorder and
20distracted driving.
21 Sec. 1109. Section 321.215, subsection 1, paragraph a,
22subparagraph (4), Code 2023, is amended to read as follows:
23(4) The person’s substance abuse use disorder treatment.
24 Sec. 1110. Section 321.231B, subsection 1, paragraph b,
25Code 2023, is amended to read as follows:
26b. An emergency medical care provider, as defined in
27section 147A.1, operating the authorized emergency vehicle who
28has completed an emergency vehicle operations course and any
29applicable continuing education requirements established or
30approved by the department of public health and human services.
31 Sec. 1111. Section 321.423, subsection 7, paragraph a,
32subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
33to read as follows:
34On a vehicle authorized by the director of public health and
35human services when all of the following apply:
-769-1 Sec. 1112. Section 321.423, subsection 7, paragraph a,
2subparagraph (2), subparagraph division (b), Code 2023, is
3amended to read as follows:
4(b) The request for authorization is made by the member
5on forms provided by the Iowa department of public health and
6human services.
7 Sec. 1113. Section 321.423, subsection 7, paragraph b, Code
82023, is amended to read as follows:
9b. The Iowa department of public health and human services
10 shall adopt rules to establish issuance standards, including
11allowing local emergency medical service providers to issue
12certificates of authorization, and shall adopt rules to
13establish certificate of authorization revocation procedures.
14 Sec. 1114. Section 321.451, subsection 1, paragraph h, Code
152023, is amended to read as follows:
16h. A vehicle owned by a chief, medical director, or
17certified medical provider of an authorized emergency medical
18service, if the application for a certificate of designation is
19requested by the chief, medical officer, or medical director
20of the authorized emergency medical service. However, the
21department shall not approve an application received pursuant
22to this paragraph unless the owner of the vehicle has completed
23an emergency vehicle operations course approved by the
24department of public health and human services, and provided
25proof of financial liability coverage or risk pool coverage.
26 Sec. 1115. Section 321J.2, subsection 3, paragraph e, Code
272023, is amended to read as follows:
28e. Assignment to substance abuse use disorder evaluation and
29treatment, a course for drinking drivers, and, if available and
30appropriate, a reality education substance abuse use disorder
31 prevention program pursuant to section 321J.24.
32 Sec. 1116. Section 321J.2, subsection 4, paragraph d, Code
332023, is amended to read as follows:
34d. Assignment to substance abuse use disorder evaluation and
35treatment, a course for drinking drivers, and, if available and
-770-1appropriate, a reality education substance abuse use disorder
2 prevention program pursuant to section 321J.24.
3 Sec. 1117. Section 321J.2, subsection 5, paragraph d, Code
42023, is amended to read as follows:
5d. Assignment to substance abuse use disorder evaluation and
6treatment, a course for drinking drivers, and, if available and
7appropriate, a reality education substance abuse use disorder
8 prevention program pursuant to section 321J.24.
9 Sec. 1118. Section 321J.2, subsection 7, paragraphs a and b,
10Code 2023, are amended to read as follows:
11a. All persons convicted of an offense under subsection 2
12shall be ordered, at the person’s expense, to undergo, prior
13to sentencing, a substance abuse use disorder evaluation. The
14court shall order the person to follow the recommendations
15proposed in the substance abuse use disorder evaluation as
16provided in section 321J.3.
17b. Where the program is available and is appropriate for
18the convicted person, a person convicted of an offense under
19subsection 2 shall be ordered to participate in a reality
20education substance abuse use disorder prevention program as
21provided in section 321J.24.
22 Sec. 1119. Section 321J.3, Code 2023, is amended to read as
23follows:
24321J.3 Substance abuse use disorder evaluation or treatment
25— rules.
261. a. In addition to orders issued pursuant to section
27321J.2, subsections 3, 4, and 5, and section 321J.17, the court
28shall order any defendant convicted under section 321J.2 to
29follow the recommendations proposed in the substance abuse
30 use disorder evaluation for appropriate substance abuse use
31disorder treatment for the defendant. Court-ordered substance
32abuse use disorder treatment is subject to the periodic
33reporting requirements of section 125.86.
34b. If a defendant is committed by the court to a substance
35abuse use disorder treatment facility, the administrator of the
-771-1facility shall report to the court when it is determined that
2the defendant has received the maximum benefit of treatment
3at the facility and the defendant shall be released from the
4facility. The time for which the defendant is committed for
5treatment shall be credited against the defendant’s sentence.
6c. The court may prescribe the length of time for the
7evaluation and treatment or it may request that the community
8college or other approved provider conducting the course
9for drinking drivers which the person is ordered to attend
10or the treatment program to which the person is committed
11immediately report to the court when the person has received
12maximum benefit from the course for drinking drivers or
13treatment program or has recovered from the person’s addiction,
14dependency, or tendency to chronically abuse use alcohol or
15drugs.
16d. Upon successfully completing a course for drinking
17drivers or an ordered substance abuse use disorder treatment
18program, a court may place the person on probation for six
19months and as a condition of probation, the person shall
20attend a program providing posttreatment services relating to
21substance abuse use disorder as approved by the court.
22e. A person committed under this section who does not
23possess sufficient income or estate to make payment of the
24costs of the treatment in whole or in part shall be considered
25a state patient and the costs of treatment shall be paid as
26provided in section 125.44.
27f. A defendant who fails to carry out the order of the
28court shall be confined in the county jail for twenty days in
29addition to any other imprisonment ordered by the court or may
30be ordered to perform unpaid community service work, and shall
31be placed on probation for one year with a violation of this
32probation punishable as contempt of court.
33g. In addition to any other condition of probation, the
34person shall attend a program providing substance abuse use
35disorder prevention services or posttreatment services related
-772-1to substance abuse use disorder as ordered by the court. The
2person shall report to the person’s probation officer as
3ordered concerning proof of attendance at the treatment program
4or posttreatment program ordered by the court. Failure to
5attend or complete the program shall be considered a violation
6of probation and is punishable as contempt of court.
72. a. Upon a second or subsequent offense in violation of
8section 321J.2, the court upon hearing may commit the defendant
9for inpatient treatment of alcoholism or drug addiction
10or dependency to any hospital, institution, or community
11correctional facility in Iowa providing such treatment. The
12time for which the defendant is committed for treatment shall
13be credited against the defendant’s sentence.
14b. The court may prescribe the length of time for the
15evaluation and treatment or it may request that the hospital
16to which the person is committed immediately report to the
17court when the person has received maximum benefit from the
18program of the hospital or institution or has recovered from
19the person’s addiction, dependency, or tendency to chronically
20abuse use alcohol or drugs.
21c. A person committed under this section who does not
22possess sufficient income or estate to make payment of the
23costs of the treatment in whole or in part shall be considered
24a state patient and the costs of treatment shall be paid as
25provided in section 125.44.
263. The state department of transportation, in cooperation
27with the judicial branch, shall adopt rules, pursuant to the
28procedure in section 125.33, regarding the assignment of
29persons ordered under section 321J.17 to submit to substance
30abuse use disorder evaluation and treatment. The rules shall
31be applicable only to persons other than those committed to
32the custody of the director of the department of corrections
33under section 321J.2. The rules shall be consistent with the
34practices and procedures of the judicial branch in sentencing
35persons to substance abuse use disorder evaluation and
-773-1treatment under section 321J.2. The rules shall include the
2requirement that the treatment programs utilized by a person
3pursuant to an order of the department of transportation meet
4the licensure standards of the department of public health
5and human services for substance abuse use disorder treatment
6programs under chapter 125. The rules shall also include
7provisions for payment of costs by the offenders, including
8insurance reimbursement on behalf of offenders, or other forms
9of funding, and shall also address reporting requirements of
10the facility, consistent with the provisions of sections 125.84
11and 125.86. The department of transportation shall be entitled
12to treatment information contained in reports to the department
13of transportation, notwithstanding any provision of chapter 125
14that would restrict department access to treatment information
15and records.
16 Sec. 1120. Section 321J.17, subsection 2, paragraph b, Code
172023, is amended to read as follows:
18b. The court or department may request that the community
19college or substance abuse use disorder treatment providers
20licensed under chapter 125 or other approved provider
21conducting the course for drinking drivers that the person is
22ordered to attend immediately report to the court or department
23that the person has successfully completed the course for
24drinking drivers. The court or department may request that the
25treatment program which the person attends periodically report
26on the defendant’s attendance and participation in the program,
27as well as the status of treatment or rehabilitation.
28 Sec. 1121. Section 321J.22, subsections 2, 4, and 5, Code
292023, are amended to read as follows:
302. a. The course provided according to this section shall
31be offered on a regular basis at each community college as
32defined in section 260C.2, or by substance abuse use disorder
33 treatment programs licensed under chapter 125, or may be
34offered at a state correctional facility listed in section
35904.102. However, a community college shall not be required to
-774-1offer the course if a substance abuse use disorder treatment
2program licensed under chapter 125 offers the course within the
3merged area served by the community college.
4b. Enrollment in the courses is not limited to persons
5ordered to enroll, attend, and successfully complete the
6course required under sections 321J.2 and 321J.17, subsection
72. However, any person under age eighteen who is required to
8attend the courses for violation of section 321J.2 or 321J.17
9must attend a course offered by a substance abuse use disorder
10 treatment program licensed under chapter 125.
11c. The course required by this section shall be:
12(1) Taught by a community college under the supervision
13of the department of education or by a substance abuse use
14disorder treatment program licensed under chapter 125, and may
15be offered at a state correctional facility.
16(2) Approved by the department of education, in
17consultation with the community colleges, substance abuse
18 use disorder treatment programs licensed under chapter 125,
19the department of public health and human services, and the
20department of corrections.
21d. The department of education may approve a provider of
22a course for drinking drivers offered outside this state upon
23proof to the department’s satisfaction that the course is
24comparable to those offered by community colleges, substance
25abuse use disorder treatment programs licensed under chapter
26125, and state correctional facilities as provided in this
27section. The department shall comply with the requirements of
28subsection 5 regarding such approved providers.
29e. The department of education shall establish reasonable
30fees to defray the expense of obtaining classroom space,
31instructor salaries, and class materials for courses offered
32both by community colleges and by substance abuse use
33disorder treatment programs licensed under chapter 125, or
34for classes offered at a state correctional facility, and
35for administrative expenses incurred by the department of
-775-1education in implementing subsection 5 on behalf of in-state
2and out-of-state offenders.
3f. A person shall not be denied enrollment in a course by
4reason of the person’s indigency.
54. The department of education, substance abuse use
6disorder treatment programs licensed under chapter 125,
7and state correctional facilities shall prepare for their
8respective courses a list of the locations of the courses
9taught under this section, the dates and times taught, the
10procedure for enrollment, and the schedule of course fees. The
11list shall be kept current and a copy of the list shall be sent
12to each court having jurisdiction over offenses provided in
13this chapter.
145. The department of education, substance abuse use
15disorder treatment programs licensed under chapter 125, and
16state correctional facilities shall maintain enrollment,
17attendance, successful and nonsuccessful completion data for
18their respective courses on the persons ordered to enroll,
19attend, and successfully complete a course for drinking
20drivers. This data shall be forwarded to the court by the
21department of education, substance abuse use disorder treatment
22programs licensed under chapter 125, and the department of
23corrections.
24 Sec. 1122. Section 321J.23, subsection 5, Code 2023, is
25amended to read as follows:
265. The reality education substance abuse use disorder
27 prevention program provides guidelines for the operation of an
28intensive program to discourage recidivism.
29 Sec. 1123. Section 321J.24, subsection 1, paragraphs b and
30c, Code 2023, are amended to read as follows:
31b. “Participant” means a person who is ordered by the court
32to participate in the reality education substance abuse use
33disorder prevention program.
34c. “Program” means the reality education substance abuse use
35disorder prevention program.
-776-1 Sec. 1124. Section 321J.24, subsection 2, Code 2023, is
2amended to read as follows:
32. A reality education substance abuse use disorder
4 prevention program is established in those judicial
5districts where the chief judge of the judicial district
6authorizes participation in the program. Upon a conviction
7or adjudication for a violation of section 321J.2, or the
8entry of a deferred judgment concerning a violation of section
9321J.2, the court or juvenile court may order participation in
10the reality education substance abuse use disorder prevention
11program as a term and condition of probation or disposition
12in addition to any other term or condition of probation or
13disposition required or authorized by law. The court or
14juvenile court shall require the defendant or delinquent child
15to abstain from consuming any controlled substance, alcoholic
16liquor, wine, or beer while participating in the program.
17 Sec. 1125. Section 321J.24, subsection 5, paragraph a,
18subparagraph (2), Code 2023, is amended to read as follows:
19(2) A facility for the treatment of persons with
20substance-related disorders a substance use disorder as defined
21in section 125.2, under the supervision of appropriately
22licensed medical personnel.
23 Sec. 1126. Section 321J.25, Code 2023, is amended to read
24as follows:
25321J.25 Youthful offender substance abuse use disorder
26 awareness program.
271. As used in this section, unless the context otherwise
28requires:
29a. “Participant” means a person whose driver’s license or
30operating privilege has been revoked for a violation of section
31321J.2A.
32b. “Program” means a substance abuse use disorder awareness
33program provided under a contract entered into between the
34provider and the Iowa department of public health and human
35services under chapter 125.
-777- 1c. “Program coordinator” means a person assigned the duty
2to coordinate a participant’s activities in a program by the
3program provider.
42. A substance abuse use disorder awareness program is
5established in each of the regions established by the director
6of public health and human services pursuant to section
7125.12. The program shall consist of an insight class and
8a substance abuse use disorder evaluation, which shall be
9attended by the participant, to discuss issues related to the
10potential consequences of substance abuse use disorder. The
11parent or parents of the participant shall also be encouraged
12to participate in the program. The program provider shall
13consult with the participant or the parents of the participant
14in the program to determine the timing and appropriate level
15of participation for the participant and any participation by
16the participant’s parents. The program may also include a
17supervised educational tour by the participant to any or all
18of the following:
19a. A hospital or other emergency medical care facility
20which regularly receives victims of motor vehicle accidents,
21to observe treatment of appropriate victims of motor vehicle
22accidents involving intoxicated drivers, under the supervision
23of a registered nurse, physician, paramedic, or emergency
24medical technician.
25b. A facility for the treatment of persons with
26substance-related disorders a substance use disorder as defined
27in section 125.2, under the supervision of appropriately
28licensed medical personnel.
29c. If approved by the state or county medical examiner, a
30morgue or a similar facility to receive appropriate educational
31material and instruction concerning damage caused by the
32consumption of alcohol or other drugs, under the supervision of
33the county medical examiner or deputy medical examiner.
343. If the program includes a tour, the program coordinator
35shall explain and discuss the experiences which may be
-778-1encountered during the tour to the participant. If the program
2coordinator determines at any time before or during a tour that
3the tour may be traumatic or otherwise inappropriate for the
4participant, the program coordinator shall terminate the tour
5without prejudice to the participant.
64. Upon the revocation of the driver’s license or operating
7privileges of a person who is fourteen years of age or older
8for a violation of section 321J.2A, if the person has had no
9previous revocations under either section 321J.2 or section
10321J.2A, a person may participate in the substance abuse
11 use disorder awareness program. The state department of
12transportation shall notify a potential program participant
13of the possibility and potential benefits of attending a
14program and shall notify a potential program participant of the
15availability of programs which exist in the area in which the
16person resides. The state department of transportation shall
17consult with the Iowa department of public health and human
18services to determine what programs are available in various
19areas of the state.
205. Program providers and facilities toured during the
21program are not liable for any civil damages resulting from
22injury to the participant, or civil damages caused by the
23participant during or from any activities related to a tour,
24except for willful or grossly negligent acts intended to, or
25reasonably expected to result in, such injury or damage.
266. The program provider shall determine fees to be paid by
27participants in the program. The program fees shall be paid on
28a sliding scale, based upon the ability of a participant and a
29participant’s family to pay the fees, and shall not exceed one
30hundred dollars per participant. The program provider shall
31use the fees to pay all costs associated with the program.
32 Sec. 1127. Section 324A.1, subsection 6, Code 2023, is
33amended to read as follows:
346. “Transportation” means the movement of individuals
35in a four or more wheeled motorized vehicle designed to
-779-1carry passengers, including a car, van, or bus, between one
2geographic point and another geographic point. “Transportation”
3does not include emergency or incidental transportation or
4transportation conducted by the department of health and human
5services at its institutions.
6 Sec. 1128. Section 324A.4, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. Upon request, the department shall provide assistance
9to political subdivisions, state agencies, and organizations
10affected by this chapter for federal aid applications for urban
11and rural transit system program aid. The department, in
12cooperation with the regional planning agencies, shall maintain
13current information reflecting the amount of federal, state,
14and local aid received by the public and private nonprofit
15organizations providing public transit services and the purpose
16for which the aid is received. The department shall biennially
17prepare a report to be submitted to the general assembly and
18the governor prior to December 15 of even-numbered years. The
19report shall recommend methods to increase transportation
20coordination and improve the efficiency of federal, state,
21and local government programs used to finance public transit
22services and may address other topics as appropriate. The
23department of health and human services, the department on
24aging, and the officers and agents of the other affected state
25and local government units shall provide input as requested by
26the department.
27 Sec. 1129. Section 324A.5, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29The department of health and human services, department on
30aging, and the officers and agents of other state and local
31governmental units shall assist the department in carrying out
32section 324A.4, subsections 1 and 2, insofar as the functions
33of these respective officers and departments are concerned
34with the health, welfare and safety of any recipient of
35transportation services.
-780-1 Sec. 1130. Section 331.321, subsection 1, paragraph f, Code
22023, is amended to read as follows:
3f. The members of the service area advisory board in
4accordance with section 217.43.
5 Sec. 1131. Section 331.323, subsection 1, paragraph a,
6subparagraph (9), Code 2023, is amended to read as follows:
7(9) Executive officer of the service area advisory board in
8accordance with section 217.43.
9 Sec. 1132. Section 331.382, subsections 3 and 6, Code 2023,
10are amended to read as follows:
113. The power to legislate in regard to chemical substance
12abuse use is subject to section 125.40.
136. The power to operate juvenile detention and shelter care
14homes is subject to approval of the homes by the director of
15the department of health and human services or the director’s
16designee, as provided in section 232.142.
17 Sec. 1133. Section 331.388, Code 2023, is amended to read
18as follows:
19331.388 Definitions.
20As used in this part, unless the context otherwise requires:
211. “Children’s behavioral health services” means the same as
22defined in section 225C.2.
232. “Department” means the department of health and human
24services.
253. “Director” means the director of health and human
26services.
273. 4. “Disability services” means the same as defined in
28section 225C.2.
294. 5. “Population” means, as of July 1 of the fiscal year
30preceding the fiscal year in which the population figure is
31applied, the population shown by the latest preceding certified
32federal census or the latest applicable population estimate
33issued by the United States census bureau, whichever is most
34recent.
355. 6. “Regional administrator” means the administrative
-781-1office, organization, or entity formed by agreement of the
2counties participating in a region to function on behalf of
3those counties in accordance with this part.
46. 7. “Serious emotional disturbance” means the same as
5defined in section 225C.2.
67. 8. “State board” means the children’s system state board
7created in section 225C.51.
88. 9. “State commission” means the mental health and
9disability services commission created in section 225C.5.
10 Sec. 1134. Section 331.389, subsections 1 and 2, Code 2023,
11are amended to read as follows:
121. Local access to mental health and disability services
13shall be provided by a regional service system comprised of
14mental health and disability services regions approved by the
15director of the department. It is the intent of the general
16assembly that the residents of this state should have access to
17needed mental health and disability services regardless of the
18location of their residence.
192. The director of human services shall approve a region
20meeting the requirements of subsection 3.
21 Sec. 1135. Section 331.390, subsection 2, paragraph c, Code
222023, is amended to read as follows:
23c. The membership of the governing board shall not include
24employees of the department of human services or a nonelected
25employee of a county.
26 Sec. 1136. Section 331.391, subsection 4, paragraph b, Code
272023, is amended to read as follows:
28b. Each region shall certify to the department of human
29services on or before December 1, 2021, and each December 1
30thereafter, the amount of the region’s cash flow amount in
31the combined account at the conclusion of the most recently
32completed fiscal year.
33 Sec. 1137. Section 331.393, subsection 2, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35Each region shall submit to the department an annual
-782-1service and budget plan approved by the region’s governing
2board and subject to approval by the director of human
3services. Provisions for approval by the director of human
4services’ approval of the annual service and budget plan,
5and any amendments to the plan, and other requirements shall
6be specified in rule adopted by the state commission. The
7provisions addressed in the annual plan shall include but are
8not limited to all of the following:
9 Sec. 1138. Section 331.393, subsection 4, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11The region shall have in effect a policies and procedures
12manual for the regional service system. The manual shall be
13approved by the region’s governing board and is subject to
14approval by the director of human services. An approved manual
15shall remain in effect subject to amendment. An amendment
16to the manual shall be submitted to the department at least
17forty-five days prior to the date of implementation of the
18amendment. Prior to implementation of an amendment to the
19manual, the amendment must be approved by the director of human
20services in consultation with the state commission. The manual
21shall include but is not limited to all of the following:
22 Sec. 1139. Section 331.393, subsections 5 and 8, Code 2023,
23are amended to read as follows:
245. The provisions of a regional service system management
25plan shall include measures to address the needs of persons
26who have two or more co-occurring mental health, intellectual
27or other developmental disability, brain injury, or
28substance-related substance use disorders and individuals with
29specialized needs. Implementation of measures to meet the
30needs of persons with a developmental disability other than
31intellectual disability, brain injury, or substance-related
32disorders a substance use disorder is contingent upon
33identification of a funding source to meet those needs and
34implementation of provisions to engage the entity under
35contract with the state to provide services to address
-783-1substance-related substance use disorders within the regional
2service system.
38. If a region determines that the region cannot provide
4services for the fiscal year in accordance with the regional
5plan and remain in compliance with applicable budgeting
6requirements, the region may implement a waiting list for
7the services. The procedures for establishing and applying
8a waiting list shall be specified in the regional plan. If
9a region implements a waiting list for services, the region
10shall notify the department of human services. The department
11shall maintain on the department’s internet site an up-to-date
12listing of the regions that have implemented a waiting list and
13the services affected by each waiting list.
14 Sec. 1140. Section 331.394, subsection 1, paragraph a, Code
152023, is amended to read as follows:
16a. “County of residence” means the county in this state in
17which, at the time a person applies for or receives services,
18the person is living and has established an ongoing presence
19with the declared, good faith intention of living in the
20county for a permanent or indefinite period of time. The
21county of residence of a person who is a homeless person is
22the county where the homeless person usually sleeps. A person
23maintains residency in the county or state in which the person
24last resided while the person is present in another county or
25this state receiving services in a hospital, a correctional
26facility, a halfway house for community-based corrections or
27substance-related substance use disorder treatment, a nursing
28facility, an intermediate care facility for persons with an
29intellectual disability, or a residential care facility, or for
30the purpose of attending a college or university.
31 Sec. 1141. Section 331.394, subsection 3, Code 2023, is
32amended to read as follows:
333. If a service authorization or other services-related
34decision made by a regional administrator concerning a person
35varies from the type and amount of service identified to be
-784-1necessary for the person in a clinical determination made by a
2mental health professional and the mental health professional
3believes that failure to provide the type and amount of service
4identified could cause an immediate danger to the person’s
5health or safety, the person may request an expedited review
6of the regional administrator’s decision to be made by the
7department of human services. An expedited review held in
8accordance with this subsection is subject to the following
9procedures:
10a. The request for the expedited review shall be filed
11within five business days of receiving the notice of decision
12by the regional administrator. The request must be in writing,
13plainly state the request for an expedited review in the
14caption and body of the request, and be supported by written
15documentation from the mental health professional who made the
16clinical determination stating how the notice of decision on
17services could cause an immediate danger to the person’s health
18or safety.
19b. The expedited review shall be performed by a designee
20of the director who is a mental health professional, who is
21either the administrator of the division of mental health and
22disability services of the department of human services or the
23administrator’s designee. If the administrator is not a mental
24health professional, the expedited review shall be performed
25by a designee of the administrator who is a mental health
26professional and is free of any conflict of interest to perform
27the expedited review. The expedited review shall be performed
28within two business days of the time the request is filed. If
29the reviewer determines the information submitted in connection
30with the request is inadequate to perform the review, the
31reviewer shall request the submission of additional information
32and the review shall be performed within two business days of
33the time that adequate information is submitted. The regional
34administrator and the person, with the assistance of the mental
35health professional who made the clinical determination, shall
-785-1each provide a brief statement of facts, conclusions, and
2reasons for the decision made. Supporting clinical information
3shall also be attached. All information related to the
4proceedings and any related filings shall be considered to be
5mental health information subject to chapter 228.
6c. The administrator or director’s designee shall issue
7an order, including a brief statement of findings of fact,
8conclusions of law, and policy reasons for the order, to
9justify the decision made concerning the expedited review.
10If the decision concurs with the contention that there is an
11immediate danger to the person’s health or safety, the order
12shall identify the type and amount of service which shall be
13provided for the person. The administrator or director’s
14 designee shall give such notice as is practicable to persons
15who are required to comply with the order. The order is
16effective when issued.
17d. The decision of the administrator or director’s designee
18shall be considered a final agency action and is subject to
19judicial review in accordance with section 17A.19. The record
20for judicial review consists of any documents regarding the
21matter that were considered or prepared by the administrator or
22 director’s designee. The administrator or director’s designee
23shall maintain these documents as the official record of the
24decision. If the matter is appealed to the district court, the
25record shall be filed as confidential.
26 Sec. 1142. Section 331.396, subsection 1, paragraphs c and
27d, Code 2023, are amended to read as follows:
28c. The person has had at any time during the preceding
29twelve-month period a mental health, behavioral, or emotional
30disorder or, in the opinion of a mental health professional,
31may now have such a diagnosable disorder. The diagnosis
32shall be made in accordance with the criteria provided in
33the diagnostic and statistical manual of mental disorders,
34fourth edition, text revision, published by the American
35psychiatric association, and shall not include the manual’s
-786-1“V” codes identifying conditions other than a disease or
2injury. The diagnosis shall also not include substance-related
3 substance use disorders, dementia, antisocial personality, or
4developmental disabilities, unless co-occurring with another
5diagnosable mental illness.
6d. The person’s eligibility for individualized services
7shall be determined in accordance with the standardized
8functional assessment methodology approved for mental health
9services by the director of human services in consultation with
10the state commission.
11 Sec. 1143. Section 331.396, subsection 2, paragraph e, Code
122023, is amended to read as follows:
13e. The person’s eligibility for individualized services
14shall be determined in accordance with the standardized
15functional assessment methodology approved for intellectual
16disability and developmental disability services by the
17director of human services.
18 Sec. 1144. Section 331.396, subsection 3, paragraph d, Code
192023, is amended to read as follows:
20d. The person’s eligibility for individualized services
21shall be determined in accordance with a standardized
22functional assessment methodology approved for this purpose by
23the director of human services.
24 Sec. 1145. Section 331.397, subsection 2, paragraph a,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) Subject to the available appropriations, the director
27of human services shall ensure the core service domains listed
28in subsections 4 and 5 are covered services for the medical
29assistance program under chapter 249A to the greatest extent
30allowable under federal regulations. The medical assistance
31program shall reimburse Medicaid enrolled providers for
32Medicaid covered services under subsections 4 and 5 when
33the services are medically necessary, the Medicaid enrolled
34provider submits an appropriate claim for such services, and
35no other third-party payer is responsible for reimbursement of
-787-1such services. Within funds available, the region shall pay
2for such services for eligible persons when payment through the
3medical assistance program or another third-party payment is
4not available, unless the person is on a waiting list for such
5payment or it has been determined that the person does not meet
6the eligibility criteria for any such service.
7 Sec. 1146. Section 331.397, subsection 3, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9Pursuant to recommendations made by the director of human
10services, the state commission shall adopt rules as required
11by section 225C.6 to define the services included in the core
12service domains listed in this section. The rules shall
13provide service definitions, service provider standards,
14service access standards, and service implementation dates, and
15shall provide consistency, to the extent possible, with similar
16service definitions under the medical assistance program.
17 Sec. 1147. Section 331.397A, subsection 2, paragraph a,
18subparagraph (2), Code 2023, is amended to read as follows:
19(2) Subject to the available appropriations, the director
20of human services shall ensure the behavioral health core
21service domains listed in subsection 4 are covered services
22for the medical assistance program under chapter 249A to the
23greatest extent allowable under federal regulations. The
24medical assistance program shall reimburse Medicaid enrolled
25providers for Medicaid covered services under subsection 4 when
26the services are medically necessary, the Medicaid enrolled
27provider submits an appropriate claim for such services, and
28no other third-party payor is responsible for reimbursement
29of such services. Within the funds available, the region
30shall pay for such services for eligible children when payment
31through the medical assistance program or another third-party
32payment is not available, unless the child is on a waiting list
33for such payment or it has been determined that the child does
34not meet the eligibility criteria for any such service.
35 Sec. 1148. Section 331.397A, subsection 3, Code 2023, is
-788-1amended to read as follows:
23. Pursuant to recommendations made by the state board, the
3department of human services shall adopt rules to define the
4services included in the core domains listed in this section.
5The rules shall provide service definitions, service provider
6standards, service access standards, and service implementation
7dates, and shall provide consistency, to the extent possible,
8with similar service definitions under the medical assistance
9program.
10 Sec. 1149. Section 331.398, subsection 1, Code 2023, is
11amended to read as follows:
121. The financing of a regional mental health and disability
13services regional service system is limited to a fixed budget
14amount. The fixed budget amount shall be the amount identified
15in a regional service system management plan and budget for the
16fiscal year.
17 Sec. 1150. Section 331.402, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. Enter into an agreement with the state department of
20health and human services for assistance in accordance with
21section 249A.12.
22 Sec. 1151. Section 331.424, subsection 1, paragraph
23a, subparagraph (1), subparagraph division (a), unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25The costs of inpatient or outpatient substance abuse use
26disorder admission, commitment, transportation, care, and
27treatment at any of the following:
28 Sec. 1152. Section 331.756, subsections 26 and 39, Code
292023, are amended to read as follows:
3026. At the request of the director of public health and
31human services, commence legal action to enjoin the unlawful
32use of radiation-emitting equipment as provided in section
33136C.5.
3439. Appear on behalf of the administrator of the division
35of mental health and disability services director of the
-789-1department of health and human services in support of an
2application to transfer a person with mental illness who
3becomes incorrigible and dangerous from a state hospital for
4persons with mental illness mental health institute to the
5Iowa medical and classification center as provided in section
6226.30.
7 Sec. 1153. Section 331.910, Code 2023, is amended to read
8as follows:
9331.910 Interstate contracts for mental health and
10substance-related substance use disorder treatment.
111. Purpose. The purpose of this section is to enable
12appropriate care and treatment to be provided to a person with
13a substance-related substance use disorder or a mental illness,
14across state lines from the person’s state of residence, in
15qualified hospitals, centers, and facilities.
162. Definitions. For the purposes of this section:
17a. “Bordering state” means Illinois, Minnesota, Missouri,
18Nebraska, South Dakota, or Wisconsin.
19b. “Receiving agency” means a public or private hospital,
20mental health center, substance abuse use disorder treatment
21and rehabilitation facility, or detoxification center, which
22provides substance abuse use disorder or mental health care
23and treatment to a person from a state other than the state in
24which a hospital, center, or facility is located.
25c. “Receiving state” means the state in which a receiving
26agency is located.
27d. “Region” means a mental health and disability services
28region formed in accordance with section 331.389.
29e. “Sending agency” means a state or regional agency
30located in a state which sends a person to a receiving state
31for substance abuse use disorder or mental health care and
32treatment under this section.
33f. “Sending state” means the state in which a sending agency
34is located.
353. Voluntary civil commitments.
-790- 1a. A region may contract with a receiving agency in a
2bordering state to secure substance abuse use disorder or
3mental health care and treatment under this subsection for
4persons who receive substance abuse use disorder or mental
5health care and treatment pursuant to section 125.33, 125.91,
6229.2, or 229.22 through a region.
7b. This subsection shall not apply to a person who is any
8of the following:
9(1) Serving a criminal sentence.
10(2) On probation or parole.
11(3) The subject of a presentence investigation.
12c. A region may contract with a sending agency in a
13bordering state to provide care and treatment under this
14subsection for residents of the bordering state in approved
15substance abuse use disorder and mental health care and
16treatment hospitals, centers, and facilities in this state,
17except that care and treatment shall not be provided for
18residents of the bordering state who are involved in criminal
19proceedings substantially similar to the involvement described
20in paragraph “b”.
214. Involuntary civil commitments.
22a. A person who is detained, committed, or placed on an
23involuntary basis under section 125.75, 125.91, 229.6, or
24229.22 may be civilly committed and treated in another state
25pursuant to a contract under this subsection.
26b. A person who is detained, committed, or placed on
27an involuntary basis under the civil commitment laws of a
28bordering state substantially similar to section 125.75,
29125.91, 229.6, or 229.22 may be civilly committed and treated
30in this state pursuant to a contract under this subsection.
31c. A law enforcement officer acting under the authority of a
32sending state may transport a person to a receiving agency that
33provides substance abuse use disorder or mental health care and
34treatment pursuant to a contract under this subsection and may
35transport the person back to the sending state under the laws
-791-1of the sending state.
2d. Court orders valid under the law of the sending state
3are granted recognition and reciprocity in the receiving state
4for a person covered by a contract under this subsection to
5the extent that the court orders relate to civil commitment
6for substance abuse use disorder or mental health care and
7treatment. Such care and treatment may include care and
8treatment for co-occurring substance-related substance use and
9mental health disorders. Such court orders are not subject to
10legal challenge in the courts of the receiving state.
11e. A person who is detained, committed, or placed under the
12laws of a sending state and who is transferred to a receiving
13state under this subsection shall be considered to be in the
14legal custody of the authority responsible for the person under
15the laws of the sending state with respect to the involuntary
16civil commitment of the person due to a mental illness or a
17substance-related substance use disorder.
18f. While in the receiving state pursuant to a contract
19under this subsection, a person detained, committed, or placed
20under the laws of a sending state shall be subject to all laws
21and regulations of the receiving state, except those laws and
22regulations with respect to the involuntary civil commitment
23of the person due to a mental illness or substance-related
24 substance use disorder. A person shall not be sent to a
25receiving state pursuant to a contract under this subsection
26until the receiving state has enacted a law recognizing the
27validity and applicability of this subsection.
28g. If a person receiving care and treatment pursuant to
29a contract under this subsection escapes from the receiving
30agency and the person at the time of the escape is subject to
31involuntary civil commitment under the laws of the sending
32state, the receiving agency shall use all reasonable means to
33recapture the escapee. The receiving agency shall immediately
34report the escape of the person to the sending agency. The
35receiving state has the primary responsibility for, and the
-792-1authority to direct, the pursuit, retaking, and prosecution of
2escaped persons within its borders and is liable for the cost
3of such action to the extent that it would be liable for costs
4if its own resident escaped.
5h. Responsibility for payment for the cost of care and
6treatment under this subsection shall remain with the sending
7agency.
85. A contract entered into under this section shall, at a
9minimum, meet all of the following requirements:
10a. Describe the care and treatment to be provided.
11b. Establish responsibility for the costs of the care and
12treatment, except as otherwise provided in subsection 4.
13c. Establish responsibility for the costs of transporting
14individuals receiving care and treatment under this section.
15d. Specify the duration of the contract.
16e. Specify the means of terminating the contract.
17f. Identify the goals to be accomplished by the placement
18of a person under this section.
196. This section shall apply to all of the following:
20a. Detoxification services that are unrelated to substance
21abuse use disorder or mental health care and treatment
22regardless of whether the care and treatment are provided on a
23voluntary or involuntary basis.
24b. Substance abuse use disorder and mental health care and
25treatment contracts that include emergency care and treatment
26provided to a resident of this state in a bordering state.
27 Sec. 1154. Section 347.7, subsection 4, paragraph a, Code
282023, is amended to read as follows:
29a. The tax levy authorized by this section for operation
30and maintenance of the hospital may be available in whole or in
31part to any county with or without a county hospital organized
32under this chapter, to be used to enhance rural health services
33in the county. However, the tax levied may be expended for
34enhancement of rural health care services only following a
35local planning process. The Iowa department of public health
-793- 1and human services shall establish guidelines to be followed
2by counties in implementing the local planning process which
3shall require legal notice, public hearings, and a referendum
4in accordance with this subsection prior to the authorization
5of any new levy or a change in the use of a levy. The notice
6shall describe the new levy or the change in the use of the
7levy, indicate the date and location of the hearing, and shall
8be published at least once each week for two consecutive weeks
9in a newspaper having general circulation in the county. The
10hearing shall not take place prior to two weeks after the
11second publication.
12 Sec. 1155. Section 347.16, subsection 2, Code 2023, is
13amended to read as follows:
142. Free care and treatment shall be furnished in a county
15public hospital to any sick or injured person who fulfills
16the residency requirements under section 47.4, subsection
171, paragraph “d”, Code 1993, in the county maintaining the
18hospital, and who is indigent. The board of hospital trustees
19shall determine whether a person is indigent and entitled
20to free care under this subsection, or may delegate that
21determination to the general assistance director or the office
22of the department of health and human services in that county,
23subject to guidelines the board may adopt in conformity with
24applicable statutes.
25 Sec. 1156. Section 347B.14, Code 2023, is amended to read
26as follows:
27347B.14 Effect of approval of plans.
28When plans for construction or modification of a county care
29facility have been properly approved by the Iowa department of
30public health and human services or other appropriate state
31agency, the facility constructed in accord with the plans so
32approved shall not for a period of at least ten years from
33completion of the construction or modification be considered
34deficient or ineligible for licensing by reason of failure
35to meet any regulation or standard established subsequent to
-794-1approval of the construction and modification plans, unless a
2clear and present danger exists that would adversely affect the
3residents of the facility.
4 Sec. 1157. Section 351.40, Code 2023, is amended to read as
5follows:
6351.40 Quarantine.
7If a local board of health believes rabies to be epidemic, or
8believes there is a threat of epidemic, in its jurisdiction,
9it may declare a quarantine in all or part of the area under
10its jurisdiction and such declaration shall be reported to the
11Iowa department of public health and human services. During
12the period of quarantine, any person owning or having a dog in
13the person’s possession in the quarantined area shall keep such
14animal securely enclosed or on a leash for the duration of the
15quarantine period.
16 Sec. 1158. Section 356.37, Code 2023, is amended to read as
17follows:
18356.37 Confinement and detention report — design proposals.
19The division of subunit of the department of health and
20human services responsible for criminal and juvenile justice
21planning of the department of human rights, in consultation
22with the department of corrections, the Iowa county attorneys
23association, the Iowa state sheriff’s association, the
24Iowa peace officers association, a statewide organization
25representing rural property taxpayers, the Iowa league of
26cities, and the Iowa board of supervisors association, shall
27prepare a report analyzing the confinement and detention
28needs of jails and facilities established pursuant to this
29chapter and chapter 356A. The report for each type of jail or
30facility shall include but is not limited to an inventory of
31prisoner space, daily prisoner counts, options for detention
32of prisoners with mental illness or substance abuse use
33disorder service needs, and the compliance status under section
34356.36 for each jail or facility. The report shall contain an
35inventory of recent jail or facility construction projects in
-795-1which voters have approved the issuance of general obligation
2bonds, essential county purpose bonds, revenue bonds, or bonds
3issued pursuant to chapter 423B. The report shall be revised
4periodically as directed by the administrator of the division
5of criminal and juvenile justice planning director of health
6and human services. The first submission of the report shall
7include recommendations on offender data needed to estimate
8jail space needs in the next two, three, and five years, on a
9county, geographic region, and statewide basis, which may be
10based upon information submitted pursuant to section 356.49.
11 Sec. 1159. Section 356.48, subsection 1, Code 2023, is
12amended to read as follows:
131. A person confined to a jail or in the custody of a peace
14officer, who bites another person, who causes an exchange of
15bodily fluids with another person, or who causes any bodily
16secretion to be cast upon another person, shall submit to the
17withdrawal of a bodily specimen for testing to determine if
18the person is infected with a contagious or infectious disease
19as defined in section 141A.2. The bodily specimen to be taken
20shall be determined by the attending physician of the jail
21or the county medical examiner. The specimen taken shall be
22sent to the state hygienic laboratory at the state university
23at Iowa City or some other laboratory approved by the Iowa
24 department of public health and human services. If a person
25to be tested pursuant to this section refuses to submit to the
26withdrawal of a bodily specimen, the sheriff, person in charge
27of the jail, or any potentially infected person may file an
28application with the district court for an order compelling
29the person that may have caused an infection to submit to the
30withdrawal and, if infected, to receive available treatment.
31An order authorizing the withdrawal of a specimen for testing
32may be issued only by a district judge or district associate
33judge upon application by the sheriff, person in charge of the
34jail, or any other potentially infected person.
35 Sec. 1160. Section 358.24, subsection 3, Code 2023, is
-796-1amended to read as follows:
23. A sanitary district adjoining a border of the state and
3owning and operating a sewage disposal plant, may contract with
4the governing body of any legal entity in an adjacent area
5in another state, to process the sewage from the area. The
6contract shall be subject to approval of the Iowa department of
7public health and human services.
8 Sec. 1161. Section 364.3, subsection 5, Code 2023, is
9amended to read as follows:
105. A city shall not adopt or enforce any ordinance imposing
11any registration or licensing system or registration or license
12fees for or relating to owner-occupied manufactured or mobile
13homes including the lots, lands, or manufactured home community
14or mobile home park upon or in which they are located. A
15city shall not adopt or enforce any ordinance imposing any
16registration or licensing system, or registration or license
17fees, or safety or sanitary standards for rental manufactured
18or mobile homes unless a similar registration or licensing
19system, or registration or license fees, or safety or sanitary
20standards are required for other rental properties intended
21for human habitation. This subsection does not preclude the
22investigation and abatement of a nuisance or the enforcement of
23a tiedown system, or the enforcement of any regulations of the
24state council on health and human services or local board of
25health if those regulations apply to other rental properties or
26to owner-occupied housing intended for human habitation.
27 Sec. 1162. Section 403A.23, Code 2023, is amended to read
28as follows:
29403A.23 Eligibility of persons receiving public assistance.
30Any statute to the contrary notwithstanding, no person
31otherwise eligible to be a tenant in a municipal housing
32project, shall be declared ineligible therefor or denied
33occupancy therein in the municipal housing project merely
34because the person is receiving in some form public assistance
35such as including but not limited to federal supplemental
-797-1security income or state supplementary payments, assistance as
2defined by section 249.1, or welfare assistance, unemployment
3compensation, or social security payments, etc.
4 Sec. 1163. Section 411.6, subsection 16, paragraph c, Code
52023, is amended to read as follows:
6c. A member eligible to commence receiving a disability
7benefit on or after July 1, 2000, may be ineligible to receive
8a disability retirement benefit if the system determines that
9the member’s alcoholism or drug addiction was a contributing
10factor material to the determination of the member’s
11disability. Upon a determination that the member’s alcoholism
12or drug addiction was a contributing factor in the member’s
13disability, the system shall direct the member to undergo
14substance abuse use disorder treatment that the medical board
15determines is appropriate to treat the member’s alcoholism
16or drug addiction. After the end of a twenty-four-month
17period following the member’s first month of entitlement to a
18disability benefit, the system shall reevaluate the member’s
19disability. If the system determines that the member failed to
20comply with the treatment program prescribed by this paragraph
21and that the member would not be disabled but for the member’s
22alcoholism or drug addiction, the member’s entitlement to a
23disability benefit under this chapter shall terminate effective
24the first day of the first month following the month the member
25is notified of the system’s determination.
26 Sec. 1164. Section 421.17, subsections 20 and 21, Code 2023,
27are amended to read as follows:
2820. To cooperate with the child support recovery unit
29 services created in chapter 252B to establish and maintain
30a process to implement the provisions of section 252B.5,
31subsection 9. The department of revenue shall forward to
32individuals meeting the criteria under section 252B.5,
33subsection 9, paragraph “a”, a notice by first class mail that
34the individual is obligated to file a state estimated tax form
35and to remit a separate child support payment.
-798- 1a. Individuals notified shall submit a state estimated tax
2form on a quarterly basis.
3b. The individual shall pay monthly, the lesser of the total
4delinquency or one hundred fifty percent of the current or most
5recent monthly obligation.
6c. The individual shall remit the payment to the department
7of revenue separate from any tax liability payments, identify
8the payment as a support payment, and make the payment payable
9to the collection services center. The department shall
10forward all payments received pursuant to this section to the
11collection services center established pursuant to chapter
12252B, for processing and disbursement. The department of
13revenue may establish a process for the child support recovery
14unit services or the collection services center to directly
15receive the payments. For purposes of crediting the support
16payments pursuant to sections 252B.14 and 598.22, payments
17received by the department of revenue and forwarded to the
18collection services center shall be credited as if received
19directly by the collection services center.
20d. The notice shall provide that, as an alternative to the
21provisions of paragraph “b”, the individual may contact the
22 child support recovery unit services to formalize a repayment
23plan and obtain an exemption from the quarterly filing
24requirement when payments are made pursuant to the repayment
25plan or to contest the balance due listed in the notice.
26e. The department of revenue, in cooperation with the child
27support recovery unit services, may adopt rules, if necessary,
28to implement this subsection.
2921. To provide information contained in state individual
30tax returns to the child support recovery unit services
31 for the purposes of establishment or enforcement of support
32obligations. The department of revenue and child support
33recovery unit services may exchange information in a manual or
34automated fashion. The department of revenue, in cooperation
35with the child support recovery unit services, may adopt rules,
-799-1if necessary, to implement this subsection.
2 Sec. 1165. Section 422.7, subsection 42, paragraph a,
3subparagraph (6), Code 2023, is amended to read as follows:
4(6) Subtract to the extent included the amount of a
5recruitment and retention bonus, not to exceed one thousand
6dollars, received by a child care worker through the
7recruitment and retention bonus program administered by the
8department of health and human services.
9 Sec. 1166. Section 422.12A, subsection 1, paragraph a, Code
102023, is amended to read as follows:
11a. “Adoption” means the permanent placement in this state of
12a child by the department of health and human services, by an
13adoption service provider as defined in section 600A.2, or by
14an agency that meets the provisions of the interstate compact
15in section 232.158.
16 Sec. 1167. Section 422.12A, subsection 5, Code 2023, is
17amended to read as follows:
185. The department of revenue and the department of health
19and human services shall each adopt rules to jointly administer
20this section.
21 Sec. 1168. Section 422.12K, subsection 3, Code 2023, is
22amended to read as follows:
233. The department of health and human services may authorize
24payment of moneys from the child abuse prevention program fund
25in accordance with section 235A.2.
26 Sec. 1169. Section 422D.6, subsection 3, paragraph b, Code
272023, is amended to read as follows:
28b. Nondisposable essential ambulance equipment, as defined
29by rule by the Iowa department of public health and human
30services.
31 Sec. 1170. Section 423.3, subsection 18, paragraphs b, c, d,
32and g, Code 2023, are amended to read as follows:
33b. Residential facilities licensed by the department of
34health and human services pursuant to chapter 237, other than
35those maintained by individuals as defined in section 237.1,
-800-1subsection 7.
2c. Rehabilitation facilities that provide accredited
3rehabilitation services to persons with disabilities which are
4accredited by the commission on accreditation of rehabilitation
5facilities or the council on quality and leadership and adult
6day care services approved for reimbursement by the state
7 department of health and human services.
8d. Community mental health centers accredited by the
9department of health and human services pursuant to chapter
10225C.
11g. Substance abuse use disorder treatment or prevention
12programs that receive block grant funding from the Iowa
13 department of public health and human services.
14 Sec. 1171. Section 423.3, subsection 18, paragraph f,
15unnumbered paragraph 1, Code 2023, is amended to read as
16follows:
17Home and community-based services providers certified to
18offer Medicaid waiver services by the department of health and
19 human services that are any of the following:
20 Sec. 1172. Section 423.3, subsections 31 and 58, Code 2023,
21are amended to read as follows:
2231. a. The sales price of tangible personal property or
23specified digital products sold to and of services furnished
24to a tribal government as defined in section 216A.161, or the
25sales price of tangible personal property or specified digital
26products sold to and of services furnished, and used for public
27purposes sold to a tax-certifying or tax-levying body of the
28state or a governmental subdivision of the state, including the
29following: regional transit systems, as defined in section
30324A.1; the state board of regents; department of health
31and human services; state department of transportation; any
32municipally owned solid waste facility which sells all or part
33of its processed waste as fuel to a municipally owned public
34utility; and all divisions, boards, commissions, agencies,
35or instrumentalities of state, federal, county, municipal,
-801-1or tribal government which have no earnings going to the
2benefit of an equity investor or stockholder, except any of the
3following:
4a. (1) The sales price of tangible personal property or
5specified digital products sold to, or of services furnished,
6and used by or in connection with the operation of any
7municipally owned public utility engaged in selling gas,
8electricity, heat, pay television service, or communication
9service to the general public.
10b. (2) The sales price of furnishing of sewage services to
11a county or municipality on behalf of nonresidential commercial
12operations.
13c. (3) The furnishing of solid waste collection and
14disposal service to a county or municipality on behalf of
15nonresidential commercial operations located within the county
16or municipality.
17b. For the purposes of this subsection, “tribal government”
18 means the governing body of a federally recognized Indian
19tribe.
2058. The sales price from the sale of items purchased with
21coupons, food stamps, electronic benefits transfer cards a
22supplemental nutrition assistance program benefit transfer
23instrument as defined in section 234.13, or other methods
24 method of payment authorized by the United States department
25of agriculture, and issued under the federal Food Stamp Act of
261977, 7 U.S.C. §2011 et seq.or under the federal supplemental
27nutritional assistance program established in 7 U.S.C. §2013.
28 Sec. 1173. Section 423.4, subsection 1, paragraph a,
29subparagraphs (4) and (9), Code 2023, are amended to read as
30follows:
31(4) A tax-certifying or tax-levying body or governmental
32subdivision of the state, including the state board of regents,
33state the department of health and human services, and the
34 state department of transportation.
35(9) A tribal government as defined in section 216A.161,
-802-1and any instrumentalities of the tribal government which do
2not have earnings going to the benefit of an equity investor
3or stockholder. For the purposes of this subparagraph, “tribal
4government” means the governing body of a federally recognized
5Indian tribe.
6 Sec. 1174. Section 425.2, subsection 3, Code 2023, is
7amended to read as follows:
83. In case the owner of the homestead is in active service
9in the armed forces of this state or of the United States,
10or is sixty-five years of age or older, or is disabled, the
11statement and designation may be signed and delivered by any
12member of the owner’s family, by the owner’s guardian or
13conservator, or by any other person who may represent the owner
14under power of attorney. If the owner of the homestead is
15married, the spouse may sign and deliver the statement and
16designation. The director of health and human services or
17the director’s designee may make application for the benefits
18of this subchapter as the agent for and on behalf of persons
19receiving assistance under chapter 249.
20 Sec. 1175. Section 425.16, subsection 2, paragraph b, Code
212023, is amended to read as follows:
22b. The reimbursement of rent constituting property taxes
23paid under this subchapter shall be administered by the
24department of health and human services as provided in this
25subchapter.
26 Sec. 1176. Section 425.17, subsection 3, Code 2023, is
27amended to read as follows:
283. “Gross rent” means rental paid at arm’s length for the
29right of occupancy of a homestead or manufactured or mobile
30home, including rent for space occupied by a manufactured or
31mobile home not to exceed one acre. If the department of
32health and human services determines that the landlord and
33tenant have not dealt with each other at arm’s length, and the
34department of health and human services is satisfied that the
35gross rent charged was excessive, the department of health and
-803-1 human services shall adjust the gross rent to a reasonable
2amount as determined by the department of health and human
3services.
4 Sec. 1177. Section 425.18, Code 2023, is amended to read as
5follows:
6425.18 Right to file a claim.
7The right to file a claim for reimbursement or credit under
8this subchapter may be exercised by the claimant or on behalf
9of a claimant by the claimant’s legal guardian, spouse, or
10attorney, or by the executor or administrator of the claimant’s
11estate. If a claimant dies after having filed a claim for
12reimbursement for rent constituting property taxes paid, the
13amount of the reimbursement may be paid to another member of
14the household as determined by the department of health and
15 human services. If the claimant was the only member of the
16household, the reimbursement may be paid to the claimant’s
17executor or administrator, but if neither is appointed and
18qualified within one year from the date of the filing of
19the claim, the reimbursement shall escheat to the state. If
20a claimant dies after having filed a claim for credit for
21property taxes due, the amount of credit shall be paid as if
22the claimant had not died.
23 Sec. 1178. Section 425.19, Code 2023, is amended to read as
24follows:
25425.19 Claim and credit or reimbursement.
26Subject to the limitations provided in this subchapter, a
27claimant may annually claim a credit for property taxes due
28during the fiscal year next following the base year or claim
29a reimbursement for rent constituting property taxes paid in
30the base year. The amount of the credit for property taxes
31due for a homestead shall be paid on June 15 of each year
32from the elderly and disabled property tax credit fund under
33section 425.39, subsection 1, by the director of revenue to
34the county treasurer who shall credit the money received
35against the amount of the property taxes due and payable on the
-804-1homestead of the claimant and the amount of the reimbursement
2for rent constituting property taxes paid shall be paid by the
3director of health and human services to the claimant from the
4reimbursement fund under section 425.39, subsection 2, on or
5before December 31 of each year.
6 Sec. 1179. Section 425.20, subsections 1 and 3, Code 2023,
7are amended to read as follows:
81. A claim for reimbursement for rent constituting property
9taxes paid shall not be paid or allowed, unless the claim is
10filed with and in the possession of the department of health
11and human services on or before June 1 of the year following
12the base year.
133. In case of sickness, absence, or other disability of
14the claimant or if, in the judgment of the director of revenue
15or the director of health and human services, as applicable,
16good cause exists and the claimant requests an extension, the
17director of health and human services may extend the time for
18filing a claim for reimbursement and the director of revenue
19may extend the time for filing a claim for credit. However,
20any further time granted shall not extend beyond December 31
21of the year following the year in which the claim was required
22to be filed. Claims filed as a result of this subsection shall
23be filed with the director of health and human services or the
24director of revenue, as applicable, who shall provide for the
25reimbursement of the claim to the claimant.
26 Sec. 1180. Section 425.25, subsection 2, Code 2023, is
27amended to read as follows:
282. The director of health and human services shall make
29available suitable forms with instructions for claimants of the
30reimbursement for rent constituting property taxes paid. The
31claim shall be in a form as the director of health and human
32services may prescribe. The director of revenue shall devise a
33reimbursement table with amounts rounded to the nearest even
34whole dollar and provide such table to the director of health
35and human services. Reimbursements in the amount of less than
-805-1one dollar shall not be paid.
2 Sec. 1181. Section 425.26, subsection 2, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4Every claimant for reimbursement of rent constituting
5property taxes paid shall give the department of health and
6 human services, in support of the claim, reasonable proof of:
7 Sec. 1182. Section 425.26, subsection 3, Code 2023, is
8amended to read as follows:
93. The department of revenue or the department of health and
10 human services may require any additional proof necessary to
11support a claim.
12 Sec. 1183. Section 425.27, subsection 1, paragraph b, Code
132023, is amended to read as follows:
14b. The department of health and human services is
15responsible for the audit of claims for reimbursement for rent
16constituting property taxes paid under this subchapter.
17 Sec. 1184. Section 425.27, subsection 3, Code 2023, is
18amended to read as follows:
193. If on the audit of a claim for reimbursement for rent
20constituting property taxes paid under this subchapter, the
21department of health and human services determines the amount
22of the claim to have been incorrectly calculated or that the
23claim is not allowable, the department of health and human
24services shall recalculate the claim and notify the claimant
25of the recalculation or denial and the reasons for it. The
26recalculation of the claim shall be final unless appealed
27to the director of health and human services within thirty
28days from the date of notice of recalculation or denial. The
29director of health and human services shall grant a hearing,
30and upon hearing determine the correct claim, if any, and
31notify the claimant of the decision by mail. The department of
32health and human services shall not adjust a claim after three
33years from October 31 of the year in which the claim was filed.
34If the claim for reimbursement has been paid, the amount may be
35recovered by the department of health and human services. The
-806-1decision of the director of health and human services shall be
2final unless appealed as provided in section 425.31.
3 Sec. 1185. Section 425.27, subsection 4, paragraph b, Code
42023, is amended to read as follows:
5b. For the purpose of administering the reimbursement for
6rent constituting property taxes paid, including the duties of
7the director of health and human services and the department of
8health and human services under this subchapter, the director
9of health and human services shall have the same powers as
10those described in section 422.70.
11 Sec. 1186. Section 425.28, subsections 2, 3, and 4, Code
122023, are amended to read as follows:
132. A claimant for reimbursement of rent constituting
14property taxes paid shall expressly waive any right to
15confidentiality relating to all income tax information
16obtainable by the department of health and human services.
173. For the effective administration of this subchapter, the
18department of revenue and the department of health and human
19services shall share information obtained by each department
20from claimants under this subchapter.
214. In addition to the sharing of information under
22subsection 3, the department of health and human services may
23release information pertaining to a person’s eligibility or
24claim for or receipt of rent reimbursement to an employee of
25the department of inspections and appeals in the employee’s
26official conduct of an audit or investigation.
27 Sec. 1187. Section 425.29, subsection 3, Code 2023, is
28amended to read as follows:
293. In the case of a claim for reimbursement disallowed by
30the department of health and human services, the department of
31health and human services may impose penalties described in
32section 421.27. The department of health and human services
33shall send a notice of disallowance of the claim.
34 Sec. 1188. Section 425.31, subsections 2, 3, and 4, Code
352023, are amended to read as follows:
-807- 12. Judicial review of the actions of the director of health
2and human services or the department of health and human
3services under this subchapter may be sought in accordance with
4the terms of chapter 17A and the rules of the department of
5health and human services.
63. For cause and upon a showing by the director of revenue
7or the director of health and human services, as applicable,
8that collection of the amount in dispute is in doubt, the
9court may order the petitioner to file with the clerk a bond
10for the use of the respondent, with sureties approved by the
11clerk, equal to the amount appealed from, conditioned that the
12petitioner shall perform the orders of the court.
134. An appeal may be taken by the claimant or the director
14of revenue or the director of health and human services, as
15applicable, to the supreme court of this state irrespective of
16the amount involved.
17 Sec. 1189. Section 425.33, subsection 1, Code 2023, is
18amended to read as follows:
191. If upon petition by a claimant the department of health
20and human services determines that a landlord has increased the
21claimant’s rent primarily because the claimant is eligible for
22reimbursement under this subchapter, the department of health
23and human services shall request the landlord by mail to reduce
24the rent appropriately.
25 Sec. 1190. Section 425.33, subsection 2, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27In determining whether a landlord has increased a
28claimant’s rent primarily because the claimant is eligible for
29reimbursement under this subchapter, the department of health
30and human services shall consider the following factors:
31 Sec. 1191. Section 425.33, subsection 3, Code 2023, is
32amended to read as follows:
333. If the landlord fails to comply with the request of the
34department of health and human services within fifteen days
35after the request is mailed, the department of health and human
-808-1services shall order the rent reduced by an appropriate amount.
2 Sec. 1192. Section 425.34, subsection 1, Code 2023, is
3amended to read as follows:
41. If the department of health and human services orders a
5landlord to reduce rent to a claimant, then upon the request
6of the landlord the department of health and human services
7shall hold a prompt hearing of the matter, to be conducted in
8accordance with the rules of the department. The department of
9health and human services shall give notice of the decision by
10mail to the claimant and to the landlord.
11 Sec. 1193. Section 425.37, Code 2023, is amended to read as
12follows:
13425.37 Rules.
14The director of revenue and the director of health and human
15services shall each adopt rules in accordance with chapter
1617A for the interpretation and proper administration of this
17subchapter and each department’s applicable powers and duties
18under this subchapter, including rules to prevent and disallow
19duplication of benefits and to prevent any unreasonable
20hardship or advantage to any person.
21 Sec. 1194. Section 425.39, subsection 2, Code 2023, is
22amended to read as follows:
232. The elderly and disabled rent reimbursement fund is
24created. There is appropriated annually from the general fund
25of the state to the department of health and human services
26to be credited to the elderly and disabled rent reimbursement
27fund, from funds not otherwise appropriated, an amount
28sufficient to implement this subchapter for reimbursement for
29rent constituting property taxes paid for claimants described
30in section 425.17, subsection 2, paragraph “a”, subparagraph
31(1).
32 Sec. 1195. Section 425.40, Code 2023, is amended to read as
33follows:
34425.40 Low-income fund created.
351. A low-income tax credit and reimbursement fund is
-809-1created. Within the low-income tax credit and reimbursement
2fund, a rent reimbursement account is created under the control
3of the department of health and human services and a tax
4credit account is created under the control of the department
5of revenue. Amounts appropriated to the fund shall first be
6credited to the rent reimbursement account.
72. a. The director of health and human services shall use
8amounts credited to the rent reimbursement account for a fiscal
9year to pay all claims for reimbursement of rent constituting
10property taxes paid for claimants described in section 425.17,
11subsection 2, paragraph “a”, subparagraph (2). If the amount
12appropriated for purposes of this section for a fiscal year
13and credited to the rent reimbursement account is insufficient
14to pay all claims in full, the director of health and human
15services shall pay all such claims on a pro rata basis.
16b. If the amount appropriated for purposes of this section
17for a fiscal year and credited to the rent reimbursement
18account exceeds the amount necessary to pay in full all
19reimbursement claims for the fiscal year, the department of
20health and human services shall transfer such excess amount
21to the department of revenue for deposit in the tax credit
22account. The department of revenue shall use any amounts
23credited to the tax credit account for a fiscal year to pay to
24the counties all claims for credit for property taxes due for
25the fiscal year, or if such amount is insufficient, to pay to
26the counties all such claims on a pro rata basis.
273. In order for the director of revenue or the director
28of health and human services to carry out the requirements of
29 subsection 2, notwithstanding any provision to the contrary in
30this subchapter, claims for reimbursement for rent constituting
31property taxes paid filed before May 1 of the fiscal year
32shall be eligible to be paid in full during the fiscal year
33and those claims filed on or after May 1 of the fiscal year
34shall be eligible to be paid during the following fiscal year
35and the director of revenue is not required to make payments
-810-1to counties for the property tax credit before June 15 of the
2fiscal year.
3 Sec. 1196. Section 426B.1, Code 2023, is amended to read as
4follows:
5426B.1 Appropriations — property tax relief fund.
61. A property tax relief fund is created in the state
7treasury under the authority of the department of health
8and human services. The fund shall be separate from the
9general fund of the state and shall not be considered part
10of the general fund of the state except in determining the
11cash position of the state for payment of state obligations.
12The moneys in the fund are not subject to the provisions of
13section 8.33 and shall not be transferred, used, obligated,
14appropriated, or otherwise encumbered except as provided in
15this chapter. Moneys in the fund may be used for cash flow
16purposes, provided that any moneys so allocated are returned
17to the fund by the end of each fiscal year. However, the
18fund shall be considered a special account for the purposes
19of section 8.53, relating to elimination of any GAAP deficit.
20For the purposes of this chapter, unless the context otherwise
21requires, “property tax relief fund” means the property tax
22relief fund created in this section.
232. Moneys shall be distributed from the property tax relief
24fund to the mental health and disability services regional
25service system for mental health and disabilities disability
26 services, in accordance with the appropriations made to the
27fund and other statutory requirements.
28 Sec. 1197. Section 426B.2, Code 2023, is amended to read as
29follows:
30426B.2 Property tax relief fund payments.
31The director of health and human services shall draw
32warrants on the property tax relief fund, payable to
33the regional administrator in the amount due to a mental
34health and disability services region in accordance with
35statutory requirements, and mail the warrants to the regional
-811-1administrator in July and January of each year.
2 Sec. 1198. Section 426B.4, Code 2023, is amended to read as
3follows:
4426B.4 Rules.
5The mental health and disability services commission shall
6consult with regional administrators and the director of health
7and human services in prescribing forms and adopting rules
8pursuant to chapter 17A to administer this chapter.
9 Sec. 1199. Section 427.9, Code 2023, is amended to read as
10follows:
11427.9 Suspension of taxes, assessments, and rates or charges,
12including interest, fees, and costs.
13If a person is a recipient of federal supplementary security
14income or state supplementary assistance, as defined in
15section 249.1, or is a resident of a health care facility, as
16defined by section 135C.1, which is receiving payment from
17the department of health and human services for the person’s
18care, the person shall be deemed to be unable to contribute to
19the public revenue. The director of health and human services
20shall notify a person receiving such assistance of the tax
21suspension provision and shall provide the person with evidence
22to present to the appropriate county board of supervisors which
23shows the person’s eligibility for tax suspension on parcels
24owned, possessed, or upon which the person is paying taxes
25as a purchaser under contract. The board of supervisors so
26notified, without the filing of a petition and statement as
27specified in section 427.8, shall order the county treasurer to
28suspend the collection of all the taxes, special assessments,
29and rates or charges, including interest, fees, and costs,
30assessed against the parcels and remaining unpaid by the person
31or contractually payable by the person, for such time as the
32person remains the owner or contractually prospective owner
33of the parcels, and during the period the person receives
34assistance as described in this section. The county board of
35supervisors shall annually send to the department of health
-812-1and human services the names and social security numbers of
2persons receiving a tax suspension pursuant to this section.
3The department shall verify the continued eligibility for tax
4suspension of each name on the list and shall return the list
5to the board of supervisors. The director of health and human
6services shall advise the person that the person may apply for
7an additional property tax credit pursuant to sections 425.16
8through 425.37 which shall be credited against the amount of
9the taxes suspended.
10 Sec. 1200. Section 432.13, Code 2023, is amended to read as
11follows:
12432.13 Premium tax exemption — hawk-i Hawki program — state
13employee benefits.
141. Premiums collected by participating insurers under
15chapter 514I are exempt from premium tax.
162. Premiums received for benefits acquired on behalf of
17state employees by the department of administrative services
18pursuant to section 8A.402, subsection 1, and by the state
19board of regents pursuant to chapter 262, are exempt from
20premium tax.
21 Sec. 1201. Section 453A.13, subsection 2, paragraph c, Code
222023, is amended to read as follows:
23c. The department, or a city or county, shall submit
24a duplicate of any application for a retail permit to the
25alcoholic beverages division of the department of commerce
26within thirty days of the issuance. The alcoholic beverages
27division of the department of commerce shall submit the current
28list of all retail permits issued to the Iowa department of
29public health and human services by the last day of each
30quarter of a state fiscal year.
31 Sec. 1202. Section 453A.35A, subsection 2, Code 2023, is
32amended to read as follows:
332. Moneys in the fund shall be used only for purposes
34related to health care, substance abuse use disorder treatment
35and prevention, and tobacco use prevention, cessation, and
-813-1control.
2 Sec. 1203. Section 453A.47A, subsection 6, Code 2023, is
3amended to read as follows:
46. Issuance. Cities may issue retail permits to retailers
5located within their respective limits. County boards of
6supervisors may issue retail permits to retailers located in
7their respective counties, outside of the corporate limits of
8cities. The city or county shall submit a duplicate of any
9application for a retail permit to the alcoholic beverages
10division of the department of commerce within thirty days of
11issuance of a permit. The alcoholic beverages division of the
12department of commerce shall submit the current list of all
13retail permits issued to the Iowa department of public health
14and human services by the last day of each quarter of a state
15fiscal year.
16 Sec. 1204. Section 455B.190A, subsection 3, paragraph b,
17subparagraph (5), Code 2023, is amended to read as follows:
18(5) The director of public health and human services or the
19director’s designee.
20 Sec. 1205. Section 455B.335A, subsection 1, Code 2023, is
21amended to read as follows:
221. The director shall require that a person who operates
23or proposes to operate a waste incinerator which provides for
24the incineration of pathological radioactive materials conduct
25dispersion modeling, under the direction of the Iowa department
26of public health and human services, for radiological isotopes
27to measure the emission levels of alpha and gamma rays. The
28director shall allow a three-month period during which time the
29operator or person proposing operation of such an incinerator
30shall conduct the required dispersion modeling. In order to
31initiate or continue such incineration, the results of the
32modeling shall provide that the existing incinerator meets
33or the proposed incinerator will meet the emission standards
34established by the United States environmental protection
35agency for a selected isotope.
-814-1 Sec. 1206. Section 455B.427, subsection 2, paragraph c,
2Code 2023, is amended to read as follows:
3c. A summary of serious health problems in the immediate
4vicinity of the site and health problems deemed by the director
5in cooperation with the Iowa department of public health and
6human services to be related to conditions at the site.
7 Sec. 1207. Section 455B.427, subsection 3, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9In developing and maintaining the annual report, the
10director shall assess the relative priority of the need for
11action at each site to remedy environmental and health problems
12resulting from the presence of hazardous wastes or hazardous
13substances at the sites. In making assessments of relative
14priority, the director, in cooperation with the Iowa department
15of public health and human services on matters relating to
16public health, shall place every site in one of the following
17classifications:
18 Sec. 1208. Section 455B.427, subsection 5, Code 2023, is
19amended to read as follows:
205. The director shall work with the Iowa department of
21public health and human services when assessing the effects of
22a hazardous waste or hazardous substance disposal site on human
23health.
24 Sec. 1209. Section 455E.11, subsection 2, paragraph a,
25subparagraph (2), subparagraph division (a), subparagraph
26subdivision (i), Code 2023, is amended to read as follows:
27(i) Eight thousand dollars shall be transferred to the Iowa
28 department of public health and human services for departmental
29duties required under section 135.11, subsections 18 15 and 19
30 16, and section 139A.21.
31 Sec. 1210. Section 455E.11, subsection 2, paragraph b,
32subparagraph (1), Code 2023, is amended to read as follows:
33(1) Nine thousand dollars of the account is appropriated
34to the Iowa department of public health and human services for
35carrying out the departmental duties under section 135.11,
-815-1subsections 18 15 and 19 16, and section 139A.21.
2 Sec. 1211. Section 455E.11, subsection 2, paragraph
3b, subparagraph (2), subparagraph division (b), unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5Two percent is appropriated annually to the department and,
6except for administrative expenses, is transferred to the Iowa
7 department of public health and human services for the purpose
8of administering grants to counties and conducting oversight of
9county-based programs for the testing of private rural water
10supply wells, private rural water supply well sealing, and the
11proper closure of private rural abandoned wells and cisterns.
12Not more than thirty-five percent of the moneys is appropriated
13annually for grants to counties for the purpose of conducting
14programs of private rural water supply testing, private rural
15water supply well sealing, the proper closure of private rural
16abandoned wells and cisterns, or any combination thereof.
17An amount agreed to by the department of natural resources
18and the Iowa department of public health and human services
19 shall be retained by the department of natural resources for
20administrative expenses.
21 Sec. 1212. Section 455E.11, subsection 2, paragraph c,
22subparagraph (1), Code 2023, is amended to read as follows:
23(1) The moneys collected pursuant to section 455F.7
24and moneys collected pursuant to section 29C.8A which are
25designated for deposit shall be deposited in the household
26hazardous waste account. Two thousand dollars is appropriated
27annually to the Iowa department of public health and human
28services to carry out departmental duties under section
29135.11, subsections 18 15 and 19 16, and section 139A.21. The
30remainder of the account shall be used to fund the efforts of
31the department to support a collection system for household
32hazardous materials, including public education programs,
33training, and consultation of local governments in the
34establishment and operation of permanent collection systems,
35and the management of collection sites, education programs,
-816-1and other activities pursuant to chapter 455F, including the
2administration of the household hazardous materials retailer
3permit program by the department of revenue.
4 Sec. 1213. Section 455E.11, subsection 2, paragraph d,
5subparagraph (1), Code 2023, is amended to read as follows:
6(1) One thousand dollars is appropriated annually to the
7Iowa department of public health and human services to carry
8out departmental duties under section 135.11, subsections 18 15
9 and 19 16, and section 139A.21.
10 Sec. 1214. Section 462A.14, subsection 2, paragraph a,
11subparagraph (4), Code 2023, is amended to read as follows:
12(4) Assignment to substance abuse use disorder evaluation
13and treatment, pursuant to subsection 12, and a course for
14drinking drivers.
15 Sec. 1215. Section 462A.14, subsection 2, paragraph b,
16subparagraph (4), Code 2023, is amended to read as follows:
17(4) Assignment to substance abuse use disorder evaluation
18and treatment, pursuant to subsections 12 and 13, and a course
19for drinking drivers.
20 Sec. 1216. Section 462A.14, subsection 2, paragraph c,
21subparagraph (4), Code 2023, is amended to read as follows:
22(4) Assignment to substance abuse use disorder evaluation
23and treatment, pursuant to subsections 12 and 13, and a course
24for drinking drivers.
25 Sec. 1217. Section 462A.14, subsection 2, paragraphs d and
26e, Code 2023, are amended to read as follows:
27d. A class “D” felony for any offense under this
28section resulting in serious injury to persons other than
29the defendant, if the court determines that the person who
30committed the offense caused the serious injury, and shall
31be imprisoned for a determinate sentence of not more than
32five years but not less than thirty days, or committed to the
33custody of the director of the department of corrections, and
34assessed a fine of not less than two thousand five hundred
35dollars nor more than seven thousand five hundred dollars. A
-817-1person convicted of a felony offense may be committed to the
2custody of the director of the department of corrections, who
3shall assign the person to a facility pursuant to section
4904.513. The court shall also order that the person not
5operate a motorboat or sailboat for one year in addition to
6any other period of time the defendant would have been ordered
7not to operate if no injury had occurred in connection with
8the violation. The court shall also assign the defendant to
9substance abuse use disorder evaluation and treatment pursuant
10to subsections 12 and 13, and a course for drinking drivers.
11e. A class “B” felony for any offense under this section
12resulting in the death of persons other than the defendant, if
13the court determines that the person who committed the offense
14caused the death, and shall be imprisoned for a determinate
15sentence of not more than twenty-five years, or committed to
16the custody of the director of the department of corrections.
17A person convicted of a felony offense may be committed to
18the custody of the director of the department of corrections,
19who shall assign the person to a facility pursuant to section
20904.513. The court shall also order that the person not
21operate a motorboat or sailboat for six years. The court shall
22also assign the defendant to substance abuse use disorder
23 evaluation and treatment pursuant to subsections 12 and 13, and
24a course for drinking drivers.
25 Sec. 1218. Section 462A.14, subsection 12, Code 2023, is
26amended to read as follows:
2712. a. All substance abuse use disorder evaluations
28required under this section shall be completed at the
29defendant’s expense.
30b. In addition to assignment to substance abuse use disorder
31 evaluation and treatment under this section, the court shall
32order any defendant convicted under this section to follow the
33recommendations proposed in the substance abuse use disorder
34 evaluation for appropriate substance abuse use disorder
35 treatment for the defendant. Court-ordered substance abuse
-818-1 use disorder treatment is subject to the periodic reporting
2requirements of section 125.86.
3c. If a defendant is committed by the court to a substance
4abuse use disorder treatment facility, the administrator of the
5facility shall report to the court when it is determined that
6the defendant has received the maximum benefit of treatment
7at the facility and the defendant shall be released from the
8facility. The time for which the defendant is committed for
9treatment shall be credited against the defendant’s sentence.
10d. The court may prescribe the length of time for the
11evaluation and treatment or the court may request that the
12community college or licensed substance abuse use disorder
13 program conducting the course for drinking drivers which the
14defendant is ordered to attend or the treatment program to
15which the defendant is committed immediately report to the
16court when the defendant has received maximum benefit from
17the course for drinking drivers or treatment program or has
18recovered from the defendant’s addiction, dependency, or
19tendency to chronically abuse use alcohol or drugs.
20e. Upon successfully completing a course for drinking
21drivers or an ordered substance abuse use disorder treatment
22program, a court may place the defendant on probation for six
23months and as a condition of probation, the defendant shall
24attend a program providing posttreatment services relating to
25substance abuse use disorder as approved by the court.
26f. A defendant committed under this section who does not
27possess sufficient income or estate to make payment of the
28costs of the treatment in whole or in part shall be considered
29a state patient and the costs of treatment shall be paid as
30provided in section 125.44.
31g. A defendant who fails to carry out the order of the
32court shall be confined in the county jail for twenty days in
33addition to any other imprisonment ordered by the court or may
34be ordered to perform unpaid community service work, and shall
35be placed on probation for one year with a violation of this
-819-1probation punishable as contempt of court.
2h. In addition to any other condition of probation, the
3defendant shall attend a program providing substance abuse use
4disorder prevention services or posttreatment services related
5to substance abuse use disorder as ordered by the court. The
6defendant shall report to the defendant’s probation officer as
7ordered concerning proof of attendance at the treatment program
8or posttreatment program ordered by the court. Failure to
9attend or complete the program shall be considered a violation
10of probation and is punishable as contempt of court.
11 Sec. 1219. Section 466B.3, subsection 4, paragraph c, Code
122023, is amended to read as follows:
13c. The director of the department of public health and human
14services or the director’s designee.
15 Sec. 1220. Section 470.5, Code 2023, is amended to read as
16follows:
17470.5 Exceptions.
18This chapter does not apply to buildings used on January 1,
191980, by the division of adult corrections of the department
20of health and human services as maximum security detention
21facilities or to the renovation of property nominated to, or
22entered in the national register of historic places, designated
23by statute, or included in an established list of historic
24places compiled by the historical division of the department of
25cultural affairs.
26 Sec. 1221. Section 476.20, subsection 2, Code 2023, is
27amended to read as follows:
282. The board shall establish rules requiring a regulated
29public utility furnishing gas or electricity to include in
30the utility’s notice of pending disconnection of service a
31written statement advising the customer that the customer
32may be eligible to participate in the low income home energy
33assistance program or weatherization assistance program
34administered by the division of community action agencies
35of the department of health and human rights services. The
-820-1written statement shall list the address and telephone number
2of the local agency which is administering the customer’s low
3income home energy assistance program and the weatherization
4assistance program. The written statement shall also state
5that the customer is advised to contact the public utility
6to settle any of the customer’s complaints with the public
7utility, but if a complaint is not settled to the customer’s
8satisfaction, the customer may file the complaint with the
9board. The written statement shall include the address
10and phone number of the board. If the notice of pending
11disconnection of service applies to a residence, the written
12statement shall advise that the disconnection does not apply
13from November 1 through April 1 for a resident who is a “head
14of household”, as defined in section 422.4, and who has been
15certified to the public utility by the local agency which is
16administering the low income home energy assistance program and
17weatherization assistance program as being eligible for either
18the low income home energy assistance program or weatherization
19assistance program, and that if such a resident resides within
20the serviced residence, the customer should promptly have
21the qualifying resident notify the local agency which is
22administering the low income home energy assistance program and
23weatherization assistance program. The board shall establish
24rules requiring that the written notice contain additional
25information as it deems necessary and appropriate.
26 Sec. 1222. Section 476.51, subsection 5, Code 2023, is
27amended to read as follows:
285. Civil penalties collected pursuant to this section from
29utilities providing water, electric, or gas service shall
30be forwarded by the chief operating officer of the board to
31the treasurer of state to be credited to the general fund of
32the state and to be used only for the low income home energy
33assistance program and the weatherization assistance program
34administered by the division of community action agencies of
35the department of health and human rights services. Civil
-821-1penalties collected pursuant to this section from utilities
2providing telecommunications service shall be forwarded to
3the treasurer of state to be credited to the department of
4commerce revolving fund created in section 546.12 to be used
5only for consumer education programs administered by the board.
6Penalties paid by a rate-regulated public utility pursuant to
7this section shall be excluded from the utility’s costs when
8determining the utility’s revenue requirement, and shall not be
9included either directly or indirectly in the utility’s rates
10or charges to customers.
11 Sec. 1223. Section 476.66, subsection 6, Code 2023, is
12amended to read as follows:
136. The rules established by the utilities board shall
14require an annual report to be filed for each fund. The
15utilities board shall compile an annual statewide report of the
16fund results. The division of community action agencies of the
17 department of health and human rights services shall prepare
18an annual report of the unmet need for energy assistance
19and weatherization. Both reports shall be submitted to the
20appropriations committees of the general assembly on the first
21day of the following session.
22 Sec. 1224. Section 477C.5, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. One representative from the office of deaf services of
25the department of health and human rights services.
26 Sec. 1225. Section 478.29, subsection 1, Code 2023, is
27amended to read as follows:
281. A person who violates a provision of this chapter is
29subject to a civil penalty, which may be levied by the board,
30of not more than one hundred dollars per violation or one
31thousand dollars per day of a continuing violation, whichever
32is greater. Civil penalties collected pursuant to this section
33shall be forwarded by the chief operating officer of the board
34to the treasurer of state to be credited to the general fund of
35the state and appropriated to the division of community action
-822-1agencies of the department of health and human rights services
2 for purposes of the low income home energy assistance program
3and the weatherization assistance program.
4 Sec. 1226. Section 479.31, subsection 1, Code 2023, is
5amended to read as follows:
61. A person who violates this chapter or any rule or
7order issued pursuant to this chapter shall be subject to
8a civil penalty levied by the board in accordance with 49
9C.F.R. §190.223. Each day that the violation continues shall
10constitute a separate offense. Civil penalties collected
11pursuant to this section shall be forwarded by the chief
12operating officer of the board to the treasurer of state to be
13credited to the general fund of the state and appropriated to
14the division of community action agencies of the department
15of health and human rights services for purposes of the low
16income home energy assistance program and the weatherization
17assistance program.
18 Sec. 1227. Section 479B.21, subsection 1, Code 2023, is
19amended to read as follows:
201. A person who violates this chapter or any rule or
21order issued pursuant to this chapter shall be subject to a
22civil penalty levied by the board in an amount not to exceed
23one thousand dollars for each violation. Each day that the
24violation continues shall constitute a separate offense.
25However, the maximum civil penalty shall not exceed two hundred
26thousand dollars for any related series of violations. Civil
27penalties collected pursuant to this section shall be forwarded
28by the chief operating officer of the board to the treasurer
29of state to be credited to the general fund of the state and
30appropriated to the division of community action agencies of
31the department of health and human rights services for purposes
32of the low income home energy assistance program and the
33weatherization assistance program.
34 Sec. 1228. Section 483A.24, subsections 7 and 15, Code 2023,
35are amended to read as follows:
-823- 17. A license shall not be required of minor pupils of the
2Iowa braille and sight saving school, Iowa school for the deaf,
3or of minor residents of other state institutions under the
4control of an administrator of a division of the department
5of health and human services. In addition, a person who is
6on active duty with the armed forces of the United States,
7on authorized leave from a duty station located outside of
8this state, and a resident of the state of Iowa shall not be
9required to have a license to hunt or fish in this state. The
10military person shall carry the person’s leave papers and a
11copy of the person’s current earnings statement showing a
12deduction for Iowa income taxes while hunting or fishing. In
13lieu of carrying the person’s earnings statement, the military
14person may also claim residency if the person is registered to
15vote in this state. If a deer or wild turkey is taken, the
16military person shall immediately contact a state conservation
17officer to obtain an appropriate tag to transport the animal.
18A license shall not be required of residents of county care
19facilities or any person who is receiving supplementary
20assistance under chapter 249.
2115. The department may issue a permit, subject to conditions
22established by the department, which authorizes patients of a
23substance abuse use disorder facility, residents of health care
24facilities licensed under chapter 135C, tenants of elder group
25homes licensed under chapter 231B, tenants of assisted living
26program facilities licensed under chapter 231C, participants
27who attend adult day services programs licensed under chapter
28231D, participants in services funded under a federal home and
29community-based services waiver implemented under the medical
30assistance program as defined in chapter 249A, and persons
31cared for in juvenile shelter care homes as provided for in
32chapter 232 to fish without a license as a supervised group.
33A person supervising a group pursuant to this subsection may
34fish with the group pursuant to the permit and is not required
35to obtain a fishing license.
-824-1 Sec. 1229. Section 505.16, subsection 2, Code 2023, is
2amended to read as follows:
32. The insurance commissioner shall approve rules for
4carrying out this section including rules relating to the
5preparation of information to be provided before and after a
6test and the protection of confidentiality of personal and
7medical records of insurance applicants and policyholders.
8The rules shall require a person engaged in the business
9of insurance who receives results of a positive human
10immunodeficiency virus test of an insurance applicant or
11policyholder to report those results to a physician or
12alternative testing site of the applicant’s or policyholder’s
13choice, or if the applicant or policyholder does not choose a
14physician or alternative testing site to receive the results,
15to the Iowa department of public health and human services.
16 Sec. 1230. Section 505.25, Code 2023, is amended to read as
17follows:
18505.25 Information provided to medical assistance program,
19hawk-i Hawki program, and child support recovery unit services.
20A carrier, as defined in section 514C.13, shall enter into
21a health insurance data match program with the department of
22health and human services for the sole purpose of comparing the
23names of the carrier’s insureds with the names of recipients of
24the medical assistance program under chapter 249A, individuals
25under the purview of the child support recovery unit services
26 pursuant to chapter 252B, or enrollees of the hawk-i Hawki
27 program under chapter 514I.
28 Sec. 1231. Section 505.34, Code 2023, is amended to read as
29follows:
30505.34 Medical assistance and hawk-i Hawki programs —
31applicability of subtitle.
321. The medical assistance program under chapter 249A and
33the healthy and well kids in Iowa (hawk-i) (Hawki) program
34under chapter 514I shall not be subject to this subtitle unless
35otherwise provided by law.
-825- 12. A managed care organization acting pursuant to a contract
2with the department of health and human services to administer
3the medical assistance program under chapter 249A, or the
4healthy and well kids in the Iowa (hawk-i) (Hawki) program
5under chapter 514I, shall not be subject to this subtitle
6unless otherwise provided by law.
7 Sec. 1232. Section 508C.5, subsection 13, paragraph f, Code
82023, is amended to read as follows:
9f. An entity whose only business in this state is operating
10as a managed care organization. For purposes of this
11paragraph, “managed care organization” means an entity that is
12under contract with the Iowa department of health and human
13services to provide services to Medicaid recipients and that
14also meets the definition of “health maintenance organization”
15in section 514B.1.
16 Sec. 1233. Section 509.1, subsection 7, Code 2023, is
17amended to read as follows:
187. A policy issued to the department of health and human
19services, which shall be deemed the policyholder, to insure
20eligible persons for medical assistance, or for both mandatory
21medical assistance and optional medical assistance, as defined
22by chapter 249A as hereafter amended.
23 Sec. 1234. Section 509.3A, subsection 12, Code 2023, is
24amended to read as follows:
2512. The hawk-i Hawki program authorized by chapter 514I.
26 Sec. 1235. Section 510B.1, subsections 9 and 22, Code 2023,
27are amended to read as follows:
289. “Health carrier” means an entity subject to the
29insurance laws and regulations of this state, or subject
30to the jurisdiction of the commissioner, including an
31insurance company offering sickness and accident plans, a
32health maintenance organization, a nonprofit health service
33corporation, or a plan established pursuant to chapter 509A for
34public employees. “Health carrier” does not include any of the
35following:
-826- 1a. The department of health and human services.
2b. A managed care organization acting pursuant to a contract
3with the department of health and human services to administer
4the medical assistance program under chapter 249A or the
5healthy and well kids in Iowa (hawk-i) (Hawki) program under
6chapter 514I.
7c. A policy or contract providing a prescription drug
8benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
9d. A plan offered or maintained by a multiple employer
10welfare arrangement established under chapter 513D before
11January 1, 2022.
1222. “Third-party payor” means any entity other than a
13covered person or a health care provider that is responsible
14for any amount of reimbursement for a prescription drug
15benefit. “Third-party payor” includes health carriers and other
16entities that provide a plan of health insurance or health
17care benefits. “Third-party payor” does not include any of the
18following:
19a. The department of health and human services.
20b. A managed care organization acting pursuant to a contract
21with the department of health and human services to administer
22the medical assistance program under chapter 249A or the
23healthy and well kids in Iowa (hawk-i) (Hawki) program under
24chapter 514I.
25c. A policy or contract providing a prescription drug
26benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
27 Sec. 1236. Section 513B.2, subsection 8, paragraph l, Code
282023, is amended to read as follows:
29l. The hawk-i Hawki program authorized by chapter 514I.
30 Sec. 1237. Section 513C.3, subsection 12, paragraph d, Code
312023, is amended to read as follows:
32d. Loss of eligibility for the hawk-i Hawki program
33authorized in chapter 514I.
34 Sec. 1238. Section 514.1, subsection 2, paragraph c, Code
352023, is amended to read as follows:
-827- 1c. “Subscriber” means an individual who enters into a
2contract for health care services with a corporation subject
3to this chapter and includes a person eligible for mandatory
4medical assistance or optional medical assistance as defined
5under chapter 249A, with respect to whom the department of
6health and human services has entered into a contract with a
7firm operating under this chapter.
8 Sec. 1239. Section 514A.3B, subsection 3, paragraph l, Code
92023, is amended to read as follows:
10l. The hawk-i Hawki program authorized by chapter 514I.
11 Sec. 1240. Section 514B.3, subsection 1, paragraph m, Code
122023, is amended to read as follows:
13m. A description of the procedures and programs to be
14implemented to meet the requirements for quality of health
15care as determined by the director of public health and human
16services under section 514B.4.
17 Sec. 1241. Section 514B.3, subsection 3, Code 2023, is
18amended to read as follows:
193. Upon receipt of an application for a certificate of
20authority, the commissioner shall immediately transmit copies
21of the application and accompanying documents to the director
22of public health and human services and the affected regional
23health planning council, as authorized by Pub.L. No.89-749,
2442 U.S.C. §246(b)2b, for their nonbinding consultation and
25advice.
26 Sec. 1242. Section 514B.4A, Code 2023, is amended to read
27as follows:
28514B.4A Direct provision of health care services.
291. An application for a certificate of authority to
30provide health care services, directly, shall be forwarded
31by the commissioner to the director of public health and
32human services for review, comment, and recommendation, with
33respect to the health care services to be provided directly, to
34assure that the applicant has demonstrated the willingness and
35potential ability to provide the health care services through
-828-1adequate personnel and facilities.
22. Rules proposed by the commissioner for adoption
3for the direct provision of health care services by a
4health maintenance organization, shall be forwarded by the
5commissioner to the director of public health and human
6services for review, comment, and recommendation, prior to
7submission to the administrative rules coordinator pursuant to
8section 17A.4.
93. The director of public health and human services shall
10respond to the commissioner, with respect to an application
11or proposed rule, with any comments or recommendations within
12thirty days of the forwarding of the application or proposed
13rules to the director of public health and human services.
14 Sec. 1243. Section 514B.32, subsection 5, Code 2023, is
15amended to read as follows:
165. The provisions of this chapter shall be applicable to a
17managed care organization acting pursuant to a contract with
18the department of health and human services to administer the
19medical assistance program under chapter 249A, or the healthy
20and well kids in Iowa (hawk-i) (Hawki) program under chapter
21514I, only with respect to licensure and solvency standards
22as evidenced by the managed care organization obtaining
23and maintaining a certificate of authority, and maintaining
24compliance with the solvency standards set forth in this
25chapter.
26 Sec. 1244. Section 514B.33, subsection 5, paragraph a, Code
272023, is amended to read as follows:
28a. For purposes of this section, “limited service
29organization” means an organization providing dental care
30services, vision care services, mental health services,
31substance abuse use disorder services, pharmaceutical services,
32podiatric care services, or such other services as may be
33determined by the commissioner.
34 Sec. 1245. Section 514C.9, subsection 3, paragraph b, Code
352023, is amended to read as follows:
-829- 1b. Enroll a child who is eligible for coverage under the
2applicable terms and conditions of the health benefit plan and
3the standard enrollment guidelines of the insurer, without
4regard to any time of enrollment restriction, under dependent
5coverage upon application by the obligee or other legal
6custodian of the child or by the department of health and human
7services in the event an obligor required by a court order or
8administrative order fails to apply for coverage for the child.
9 Sec. 1246. Section 514C.9, subsection 4, Code 2023, is
10amended to read as follows:
114. A group health plan shall establish reasonable
12procedures to determine whether a child is covered under a
13qualified medical child support order issued pursuant to
14chapter 252E.The procedures shall be in writing, provide for
15prompt notice of each person specified in the medical child
16support order as eligible to receive benefits under the group
17health plan upon receipt by the plan of the medical child
18support order, and allow an obligee or other legal custodian
19of the child under chapter 252E to designate a representative
20for receipt of copies of notices in regard to the medical child
21support order that are sent to the obligee or other legal
22custodian of the child and the department of health and human
23services’ child support recovery unit services.
24 Sec. 1247. Section 514C.18, subsection 1, paragraph b,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) The diabetes self-management training and education
27program is certified by the Iowa department of public health
28and human services. The department shall consult with the
29American diabetes association, Iowa affiliate, in developing
30the standards for certification of diabetes education programs
31that cover at least ten hours of initial outpatient diabetes
32self-management training within a continuous twelve-month
33period and up to two hours of follow-up training for each
34subsequent year for each individual diagnosed by a physician or
35physician assistant with any type of diabetes mellitus.
-830-1 Sec. 1248. Section 514C.27, Code 2023, is amended to read
2as follows:
3514C.27 Mental illness and substance abuse use disorder
4 treatment coverage for veterans.
51. Notwithstanding the uniformity of treatment requirements
6of section 514C.6, a group policy or contract providing for
7third-party payment or prepayment of health or medical expenses
8issued by a carrier, as defined in section 513B.2, shall
9provide coverage benefits to an insured who is a veteran for
10treatment of mental illness and substance abuse use disorder if
11either of the following is satisfied:
12a. The policy or contract is issued to an employer who
13on at least fifty percent of the employer’s working days
14during the preceding calendar year employed more than fifty
15full-time equivalent employees. In determining the number
16of full-time equivalent employees of an employer, employers
17who are affiliated or who are able to file a consolidated tax
18return for purposes of state taxation shall be considered one
19employer.
20b. The policy or contract is issued to a small employer as
21defined in section 513B.2, and such policy or contract provides
22coverage benefits for the treatment of mental illness and
23substance abuse use disorder.
242. Notwithstanding the uniformity of treatment requirements
25of section 514C.6, a plan established pursuant to chapter 509A
26for public employees shall provide coverage benefits to an
27insured who is a veteran for treatment of mental illness and
28substance abuse use disorder as defined in subsection 3.
293. For purposes of this section:
30a. “Mental illness” means mental disorders as defined by the
31commissioner by rule.
32b. “Substance abuse use disorder” means a pattern of
33pathological use of alcohol or a drug that causes impairment
34in social or occupational functioning, or that produces
35physiological dependency evidenced by physical tolerance or by
-831-1physical symptoms when the alcohol or drug is withdrawn.
2c. “Veteran” means the same as defined in section 35.1.
34. The commissioner, by rule, shall define “mental illness”
4consistent with definitions provided in the most recent edition
5of the American psychiatric association’s diagnostic and
6statistical manual of mental disorders, as the definitions may
7be amended from time to time. The commissioner may adopt the
8definitions provided in such manual by reference.
95. This section shall not apply to accident-only,
10specified disease, short-term hospital or medical, hospital
11confinement indemnity, credit, dental, vision, Medicare
12supplement, long-term care, basic hospital and medical-surgical
13expense coverage as defined by the commissioner, disability
14income insurance coverage, coverage issued as a supplement
15to liability insurance, workers’ compensation or similar
16insurance, or automobile medical payment insurance, or
17individual accident and sickness policies issued to individuals
18or to individual members of a member association.
196. A carrier or plan established pursuant to chapter 509A
20may manage the benefits provided through common methods,
21including but not limited to providing payment of benefits or
22providing care and treatment under a capitated payment system,
23prospective reimbursement rate system, utilization control
24system, incentive system for the use of least restrictive and
25least costly levels of care, a preferred provider contract
26limiting choice of specific providers, or any other system,
27method, or organization designed to assure services are
28medically necessary and clinically appropriate.
297. a. A group policy or contract or plan covered under this
30section shall not impose an aggregate annual or lifetime limit
31on mental illness or substance abuse use disorder coverage
32benefits unless the policy or contract or plan imposes an
33aggregate annual or lifetime limit on substantially all medical
34and surgical coverage benefits.
35b. A group policy or contract or plan covered under this
-832-1section that imposes an aggregate annual or lifetime limit on
2substantially all medical and surgical coverage benefits shall
3not impose an aggregate annual or lifetime limit on mental
4illness or substance abuse use disorder coverage benefits which
5is less than the aggregate annual or lifetime limit imposed on
6substantially all medical and surgical coverage benefits.
78. A group policy or contract or plan covered under this
8section shall at a minimum allow for thirty inpatient days
9and fifty-two outpatient visits annually. The policy or
10contract or plan may also include deductibles, coinsurance,
11or copayments, provided the amounts and extent of such
12deductibles, coinsurance, or copayments applicable to other
13medical or surgical services coverage under the policy or
14contract or plan are the same. It is not a violation of this
15section if the policy or contract or plan excludes entirely
16from coverage benefits for the cost of providing the following:
17a. Care that is substantially custodial in nature.
18b. Services and supplies that are not medically necessary or
19clinically appropriate.
20c. Experimental treatments.
219. This section applies to third-party payment provider
22policies or contracts and plans established pursuant to chapter
23509A delivered, issued for delivery, continued, or renewed in
24this state on or after January 1, 2011.
25 Sec. 1249. Section 514E.1, subsection 6, paragraph k, Code
262023, is amended to read as follows:
27k. The hawk-i Hawki program authorized by chapter 514I.
28 Sec. 1250. Section 514F.7, subsection 1, paragraph h, Code
292023, is amended to read as follows:
30h. “Health carrier” means an entity subject to the
31insurance laws and regulations of this state, or subject
32to the jurisdiction of the commissioner, including an
33insurance company offering sickness and accident plans, a
34health maintenance organization, a nonprofit health service
35corporation, a plan established pursuant to chapter 509A
-833-1for public employees, or any other entity providing a plan
2of health insurance, health care benefits, or health care
3services. “Health carrier” does not include a managed care
4organization as defined in 441 IAC 73.1 when the managed care
5organization is acting pursuant to a contract with the Iowa
6 department of health and human services to provide services to
7Medicaid recipients.
8 Sec. 1251. Section 514F.8, subsection 1, paragraph g, Code
92023, is amended to read as follows:
10g. “Health carrier” means an entity subject to the
11insurance laws and regulations of this state, or subject
12to the jurisdiction of the commissioner, including an
13insurance company offering sickness and accident plans, a
14health maintenance organization, a nonprofit health service
15corporation, a plan established pursuant to chapter 509A
16for public employees, or any other entity providing a plan
17of health insurance, health care benefits, or health care
18services. “Health carrier” does not include the department
19of health and human services, or a managed care organization
20acting pursuant to a contract with the department of health
21and human services to administer the medical assistance
22program under chapter 249A or the healthy and well kids in Iowa
23(hawk-i) (Hawki) program under chapter 514I.
24 Sec. 1252. Section 514H.2, subsection 2, Code 2023, is
25amended to read as follows:
262. The insurance division of the department of commerce
27shall administer the program in cooperation with the division
28responsible for medical services within the department
29of health and human services. Each agency shall take all
30necessary actions, including filing an appropriate medical
31assistance state plan amendment to the state Medicaid plan to
32take full advantage of the benefits and features of the Deficit
33Reduction Act of 2005.
34 Sec. 1253. Section 514H.5, subsection 2, Code 2023, is
35amended to read as follows:
-834- 12. When the division responsible for medical services
2within the department of health and human services determines
3whether an individual is eligible for medical assistance
4under chapter 249A, the division department shall make an
5asset disregard adjustment for any individual who meets the
6requirements of section 514H.3. The asset disregard shall
7be available after benefits of the qualified long-term care
8insurance policy have been applied to the cost of qualified
9long-term care services as required under this chapter.
10 Sec. 1254. Section 514H.7, subsection 3, Code 2023, is
11amended to read as follows:
123. The insurance division, in cooperation with the
13department of health and human services, shall adopt rules
14to provide an asset disregard to individuals who are covered
15by a long-term care insurance policy prior to November 17,
162005, consistent with the Iowa long-term care asset disregard
17incentive program.
18 Sec. 1255. Section 514H.8, Code 2023, is amended to read as
19follows:
20514H.8 Reciprocal agreements to extend asset disregard.
21The division responsible for medical services within
22the department of health and human services may enter into
23reciprocal agreements with other states to extend the asset
24disregard under section 514H.5 to Iowa residents who had
25purchased or were covered by qualified long-term care insurance
26policies in other states.
27 Sec. 1256. Section 514H.9, Code 2023, is amended to read as
28follows:
29514H.9 Rules.
30The insurance division of the department of commerce in
31cooperation with the department of health and human services
32shall adopt rules pursuant to chapter 17A as necessary to
33administer this chapter.
34 Sec. 1257. Section 514I.1, subsections 2 and 4, Code 2023,
35are amended to read as follows:
-835- 12. It is the intent of the general assembly that the program
2be implemented and administered in compliance with Tit.XXI
3of the federal Social Security Act. If, as a condition of
4receiving federal funds for the program, federal law requires
5implementation and administration of the program in a manner
6not provided in this chapter, during a period when the general
7assembly is not in session, the department, with the approval
8of the hawk-i Hawki board, shall proceed to implement and
9administer those provisions, subject to review by the next
10regular session of the general assembly.
114. It is the intent of the general assembly that the
12hawk-i Hawki program be an integral part of the continuum of
13health insurance coverage and that the program be developed
14and implemented in such a manner as to facilitate movement of
15families between health insurance providers and to facilitate
16the transition of families to private sector health insurance
17coverage.
18 Sec. 1258. Section 514I.2, Code 2023, is amended to read as
19follows:
20514I.2 Definitions.
21As used in this chapter, unless the context otherwise
22requires:
231. “Benchmark benefit package” means any of the following:
24a. The standard blue cross/blue shield preferred provider
25option service benefit plan, described in and offered under 5
26U.S.C. §8903(1).
27b. A health benefits coverage plan that is offered and
28generally available to state employees in this state.
29c. The plan of a health maintenance organization as defined
30in 42 U.S.C. §300e, with the largest insured commercial,
31nonmedical assistance enrollment of covered lives in the state.
322. “Cost sharing” means the payment of a premium or
33copayment as provided for by Tit.XXI of the federal Social
34Security Act and section 514I.10.
353. “Department” means the department of health and human
-836-1services.
24. “Director” means the director of health and human
3services.
45. “Eligible child” means an individual who meets the
5criteria for participation in the program under section 514I.8.
66. “Hawk-i Hawki board” or “board” means the entity which
7adopts rules and establishes policy for, and directs the
8department regarding, the hawk-i Hawki program.
97. “Hawk-i Hawki program” or “program” means the healthy and
10well kids in Iowa program created in this chapter to provide
11health insurance coverage to eligible children.
128. “Health insurance coverage” means health insurance
13coverage as defined in 42 U.S.C. §300gg-91.
149. “Participating insurer” means any of the following:
15a. An entity licensed by the division of insurance of the
16department of commerce to provide health insurance in Iowa that
17has contracted with the department to provide health insurance
18coverage to eligible children under this chapter.
19b. A managed care organization acting pursuant to a contract
20with the department of human services to administer the hawk-i
21 Hawki program.
2210. “Qualified child health plan” or “plan” means health
23insurance coverage provided by a participating insurer under
24this chapter.
25 Sec. 1259. Section 514I.3, Code 2023, is amended to read as
26follows:
27514I.3 Hawk-i Hawki program — established.
281. The hawk-i Hawki program, a statewide program designed to
29improve the health of children and to provide health insurance
30coverage to eligible children on a regional basis which
31complies with Tit.XXI of the federal Social Security Act, is
32established and shall be implemented January 1, 1999.
332. Health insurance coverage under the program shall be
34provided by participating insurers and through qualified child
35health plans.
-837- 13. The department of human services is designated to receive
2the state and federal funds appropriated or provided for the
3program, and to submit and maintain the state plan for the
4program, which is approved by the centers for Medicare and
5Medicaid services of the United States department of health and
6human services.
74. Nothing in this chapter shall be construed or is intended
8as, or shall imply, a grant of entitlement for services to
9persons who are eligible for participation in the program based
10upon eligibility consistent with the requirements of this
11chapter. Any state obligation to provide services pursuant to
12this chapter is limited to the extent of the funds appropriated
13or provided for this chapter.
145. Participating insurers under this chapter are not
15subject to the requirements of chapters 513B and 513C.
166. Health care coverage provided under this chapter in
17accordance with Tit.XXI of the federal Social Security Act
18shall be recognized as prior creditable coverage for the
19purposes of private individual and group health insurance
20coverage.
21 Sec. 1260. Section 514I.4, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23The director, with the approval of the hawk-i Hawki board,
24shall implement this chapter. The director shall do all of the
25following:
26 Sec. 1261. Section 514I.5, Code 2023, is amended to read as
27follows:
28514I.5 Hawk-i Hawki board.
291. A hawk-i Hawki board for the hawk-i Hawki program is
30established. The board shall meet not less than six and
31not more than twelve times annually, for the purposes of
32establishing policy for, directing the department on, and
33adopting rules for the program. The board shall consist of
34seven voting members and four ex officio, nonvoting members,
35including all of the following:
-838- 1a. The commissioner of insurance, or the commissioner’s
2designee.
3b. The director of the department of education, or the
4director’s designee.
5c. The director of public health and human services, or the
6director’s designee.
7d. Four public members appointed by the governor and
8subject to confirmation by the senate. The public members
9shall be members of the general public who have experience,
10knowledge, or expertise in the subject matter embraced within
11this chapter.
12e. Two members of the senate and two members of the house of
13representatives, serving as ex officio, nonvoting members. The
14legislative members of the board shall be appointed one each
15by the majority leader of the senate, after consultation with
16the president of the senate, and by the minority leader of the
17senate, and by the speaker of the house of representatives,
18after consultation with the majority leader of the house of
19representatives, and by the minority leader of the house
20of representatives. Legislative members shall receive
21compensation pursuant to section 2.12.
222. Members appointed by the governor shall serve two-year
23staggered terms as designated by the governor, and legislative
24members of the board shall serve two-year terms. The filling
25of positions reserved for the public representatives,
26vacancies, membership terms, payment of compensation and
27expenses, and removal of the members are governed by chapter
2869. Members of the board are entitled to receive reimbursement
29of actual expenses incurred in the discharge of their duties.
30Public members of the board are also eligible to receive
31compensation as provided in section 7E.6. A majority of the
32voting members constitutes a quorum and the affirmative vote
33of a majority of the voting members is necessary for any
34substantive action to be taken by the board. The members
35shall select a chairperson on an annual basis from among the
-839-1membership of the board.
23. The board shall approve any contract entered into
3pursuant to this chapter. All contracts entered into pursuant
4to this chapter shall be made available to the public.
54. The department of human services shall act as support
6staff to the board.
75. The board may receive and accept grants, loans, or
8advances of funds from any person and may receive and accept
9from any source contributions of money, property, labor, or any
10other thing of value, to be held, used, and applied for the
11purposes of the program.
126. The hawk-i Hawki board shall do all of the following:
13a. Define, in consultation with the department, the regions
14of the state for which plans are offered in a manner as to
15ensure access to services for all children participating in the
16program.
17b. Approve the benefit package design, review the benefit
18package design on a periodic basis, and make necessary changes
19in the benefit design to reflect the results of the periodic
20reviews.
21c. Develop, with the assistance of the department, an
22outreach plan, and provide for periodic assessment of the
23effectiveness of the outreach plan. The plan shall provide
24outreach to families of children likely to be eligible
25for assistance under the program, to inform them of the
26availability of and to assist the families in enrolling
27children in the program. The outreach efforts may include, but
28are not limited to, solicitation of cooperation from programs,
29agencies, and other persons who are likely to have contact
30with eligible children, including but not limited to those
31associated with the educational system, and the development
32of community plans for outreach and marketing. Other state
33agencies shall assist the department in data collection related
34to outreach efforts to potentially eligible children and their
35families.
-840- 1d. In consultation with the clinical advisory committee,
2assess the initial health status of children participating in
3the program, establish a baseline for comparison purposes, and
4develop appropriate indicators to measure the subsequent health
5status of children participating in the program.
6e. Review, in consultation with the department, and take
7necessary steps to improve interaction between the program and
8other public and private programs which provide services to the
9population of eligible children.
10f. By January 1, annually, prepare, with the assistance
11of the department, and submit a report to the governor,
12the general assembly, and the council on health and human
13services, concerning the board’s activities, findings, and
14recommendations.
15g. Solicit input from the public regarding the program and
16related issues and services.
17h. Establish and consult with a clinical advisory committee
18to make recommendations to the board regarding the clinical
19aspects of the hawk-i Hawki program.
20i. Prescribe the elements to be included in a health
21improvement program plan required to be developed by a
22participating insurer. The elements shall include but are not
23limited to health maintenance and prevention and health risk
24assessment.
25j. Establish an advisory committee to make recommendations
26to the board and to the general assembly by January 1 annually
27concerning the provision of health insurance coverage to
28children with special health care needs. The committee shall
29include individuals with experience in, knowledge of, or
30expertise in this area. The recommendations shall address, but
31are not limited to, all of the following:
32(1) The definition of the target population of children
33with special health care needs for the purposes of determining
34eligibility under the program.
35(2) Eligibility options for and assessment of children with
-841-1special health care needs for eligibility.
2(3) Benefit options for children with special health care
3needs.
4(4) Options for enrollment of children with special health
5care needs in and disenrollment of children with special health
6care needs from qualified child health plans utilizing a
7capitated fee form of payment.
8(5) The appropriateness and quality of care for children
9with special health care needs.
10(6) The coordination of health services provided for
11children with special health care needs under the program with
12services provided by other publicly funded programs.
13k. Develop options and recommendations to allow children
14eligible for the hawk-i Hawki program to participate in
15qualified employer-sponsored health plans through a premium
16assistance program. The options and recommendations shall
17ensure reasonable alignment between the benefits and costs
18of the hawk-i Hawki program and the employer-sponsored
19health plans consistent with federal law. In addition, the
20board shall implement the premium assistance program options
21described under the federal Children’s Health Insurance Program
22Reauthorization Act of 2009, Pub.L. No.111-3, for the hawk-i
23 Hawki program.
247. The hawk-i Hawki board, in consultation with the
25department of human services, shall adopt rules which address,
26but are not limited to addressing, all of the following:
27a. Implementation and administration of the program.
28b. Qualifying standards for selecting participating insurers
29for the program.
30c. The benefits to be included in a qualified child health
31plan which are those included in a benchmark or benchmark
32equivalent plan and which comply with Tit.XXI of the federal
33Social Security Act. Benefits covered shall include but are
34not limited to all of the following:
35(1) Inpatient hospital services including medical,
-842-1surgical, intensive care unit, mental health, and substance
2abuse use disorder services.
3(2) Nursing care services including skilled nursing
4facility services.
5(3) Outpatient hospital services including emergency room,
6surgery, lab, and x-ray services and other services.
7(4) Physician services, including surgical and medical, and
8including office visits, newborn care, well-baby and well-child
9care, immunizations, urgent care, specialist care, allergy
10testing and treatment, mental health visits, and substance
11abuse use disorder visits.
12(5) Ambulance services.
13(6) Physical therapy.
14(7) Speech therapy.
15(8) Durable medical equipment.
16(9) Home health care.
17(10) Hospice services.
18(11) Prescription drugs.
19(12) Dental services including preventive services.
20(13) Medically necessary hearing services.
21(14) Vision services including corrective lenses.
22(15) Translation and interpreter services as specified
23pursuant to the federal Children’s Health Insurance Program
24Reauthorization Act of 2009, Pub.L. No.111-3.
25(16) Chiropractic services.
26(17) Occupational therapy.
27d. Presumptive eligibility criteria for the program.
28Beginning January 1, 2010, presumptive eligibility shall be
29provided for eligible children.
30e. The amount of any cost sharing under the program which
31shall be assessed based on family income and which complies
32with federal law.
33f. The reasons for disenrollment including, but not limited
34to, nonpayment of premiums, eligibility for medical assistance
35or other insurance coverage, admission to a public institution,
-843-1relocation from the area, and change in income.
2g. Conflict of interest provisions applicable to
3participating insurers and between public members of the board
4and participating insurers.
5h. Penalties for breach of contract or other violations of
6requirements or provisions under the program.
7i. A mechanism for participating insurers to report any
8rebates received to the department.
9j. The data to be maintained by the department including
10data to be collected for the purposes of quality assurance
11reports.
12k. The use of provider guidelines in assessing the
13well-being of children, which may include the use of the bright
14futures for infants, children, and adolescents program as
15developed by the federal maternal and child health bureau and
16the American academy of pediatrics guidelines for well-child
17care.
188. a. The hawk-i Hawki board may provide approval to the
19director to contract with participating insurers to provide
20dental-only services. In determining whether to provide
21such approval to the director, the board shall take into
22consideration the impact on the overall program of single
23source contracting for dental services.
24b. The hawk-i Hawki board may provide approval to the
25director to contract with participating insurers to provide
26the supplemental dental-only coverage to otherwise eligible
27children who have private health care coverage as specified in
28the federal Children’s Health Insurance Program Reauthorization
29Act of 2009, Pub.L. No.111-3.
309. The hawk-i Hawki board shall monitor the capacity of
31Medicaid managed care organizations acting pursuant to a
32contract with the department to administer the hawk-i Hawki
33 program to specifically and appropriately address the unique
34needs of children and children’s health delivery.
35 Sec. 1262. Section 514I.8, subsection 2, unnumbered
-844-1paragraph 1, Code 2023, is amended to read as follows:
2A child may participate in the hawk-i Hawki program if the
3child meets all of the following criteria:
4 Sec. 1263. Section 514I.8A, Code 2023, is amended to read
5as follows:
6514I.8A Hawk-i Hawki — all income-eligible children.
7The department shall provide coverage to individuals
8under nineteen years of age who meet the income eligibility
9requirements for the hawk-i Hawki program and for whom federal
10financial participation is or becomes available for the cost
11of such coverage.
12 Sec. 1264. Section 514I.9, subsection 1, Code 2023, is
13amended to read as follows:
141. The hawk-i Hawki board shall review the benefits package
15annually and shall determine additions to or deletions from the
16benefits package offered. The hawk-i Hawki board shall submit
17the recommendations to the general assembly for any amendment
18to the benefits package.
19 Sec. 1265. Section 514I.11, Code 2023, is amended to read
20as follows:
21514I.11 Hawk-i Hawki trust fund.
221. A hawk-i Hawki trust fund is created in the state
23treasury under the authority of the department of human
24services, in which all appropriations and other revenues of the
25program such as grants, contributions, and participant payments
26shall be deposited and used for the purposes of the program.
27The moneys in the fund shall not be considered revenue of the
28state, but rather shall be funds of the program.
292. The trust fund shall be separate from the general fund
30of the state and shall not be considered part of the general
31fund of the state. The moneys in the trust fund are not
32subject to section 8.33 and shall not be transferred, used,
33obligated, appropriated, or otherwise encumbered, except to
34provide for the purposes of this chapter and except as provided
35in subsection 4. Notwithstanding section 12C.7, subsection
-845-12, interest or earnings on moneys deposited in the trust fund
2shall be credited to the trust fund.
33. Moneys in the fund are appropriated to the department and
4shall be used to offset any program costs.
54. The department may transfer moneys appropriated from
6the fund to be used for the purpose of expanding health care
7coverage to children under the medical assistance program.
85. The department shall provide periodic updates to the
9general assembly regarding expenditures from the fund.
10 Sec. 1266. Section 523A.301, Code 2023, is amended to read
11as follows:
12523A.301 Definition.
13As used in sections 523A.302 and 523A.303, “director” means
14the director of health and human services.
15 Sec. 1267. Section 523A.303, subsection 2, paragraph e,
16Code 2023, is amended to read as follows:
17e. A notice in substantially the following form complies
18with this subsection:
19TO: THE DIRECTOR OF HEALTH AND HUMAN SERVICES
20FROM: (SELLER’S NAME, CURRENT ADDRESS, AND TELEPHONE NUMBER)
21You are hereby notified that (name of deceased), who had an
22irrevocable burial trust fund, has died, that final payment
23for cemetery merchandise, funeral merchandise, and funeral
24services has been made, and that (remaining amount) remains in
25the irrevocable burial trust fund.
26The above-named seller must receive a written response
27regarding any claim by the director within sixty days after the
28mailing of this notice to the director.
29If the above-named seller does not receive a written response
30regarding a claim by the director within sixty days after the
31mailing of this notice, the seller may dispose of the remaining
32funds in accordance with section 523A.303, Code of Iowa.
33 Sec. 1268. Section 523A.303, subsection 3, Code 2023, is
34amended to read as follows:
353. Upon receipt of the seller’s written notice, the director
-846-1shall determine if a debt is due the department of health and
2 human services pursuant to section 249A.53. If the director
3determines that a debt is owing, the director shall provide
4a written response to the seller within sixty days after the
5mailing of the seller’s notice. If the director does not
6respond with a claim within the sixty-day period, any claim
7made by the director shall not be enforceable against the
8seller, the trust, or a trustee.
9 Sec. 1269. Section 523I.214, Code 2023, is amended to read
10as follows:
11523I.214 Violations of law — referrals to the Iowa
12 department of public health and human services.
13If the commissioner discovers a violation of a provision
14of this chapter or any other state law or rule concerning the
15disposal or transportation of human remains, the commissioner
16shall forward all evidence in the possession of the
17commissioner concerning such a violation to the Iowa department
18of public health and human services for such proceedings as
19the Iowa department of public health and human services deems
20appropriate.
21 Sec. 1270. Section 523I.701, subsection 6, Code 2023, is
22amended to read as follows:
236. The lawn crypt shall be installed in compliance with any
24applicable law or rule adopted by the Iowa department of public
25 health and human services.
26 Sec. 1271. Section 541A.1, Code 2023, is amended to read as
27follows:
28541A.1 Definitions.
29For the purposes of this chapter, unless the context
30otherwise requires:
311. “Account holder” means an individual who is the owner of
32an individual development account.
332. “Administrator” means the division of community action
34agencies of the department of human rights.
353. 2. “Charitable contributor” means a nonprofit
-847-1association described in section 501(c)(3) of the Internal
2Revenue Code which makes a deposit to an individual development
3account and which is exempt from taxation under section 501(a)
4of the Internal Revenue Code.
53. “Commission” means the commission on community action
6agencies created in section 216A.92A.
74. “Department” means the department of health and human
8services.
95. “Director” means the director of health and human
10services.
114. 6. “Federal poverty level” means the first poverty
12income guidelines published in the calendar year by the United
13States department of health and human services.
145. 7. “Financial institution” means a financial institution
15approved by the administrator director as an investment
16mechanism for individual development accounts.
176. 8. “Household income” means the annual household
18income of an account holder or prospective account holder,
19as determined in accordance with rules adopted by the
20administrator director.
217. 9. “Individual contributor” means an individual who
22makes a deposit to an individual development account and is not
23the account holder or a charitable contributor.
248. 10. “Individual development account” means either of the
25following:
26a. A financial instrument that is certified to have the
27characteristics described in section 541A.2 by the operating
28organization.
29b. A financial instrument that is certified by the
30operating organization to have the characteristics described
31in and funded by a federal individual development account
32program under which federal and state funding contributed to
33match account holder deposits is deposited by an operating
34organization in accordance with federal law and regulations,
35and which includes but is not limited to any of the programs
-848-1implemented under the following federal laws:
2(1) The federal Personal Responsibility and Work
3Opportunity Act of 1996, 42 U.S.C. §604(h).
4(2) The federal Assets for Independence Act, Pub.L. No.
5105-285, Tit.IV.
69. 11. “Operating organization” means an agency selected
7by the administrator department for involvement in operating
8individual development accounts directed to a specific target
9population.
1010. 12. “Source of principal” means any of the sources of
11a deposit to an individual development account under section
12541A.2, subsection 2.
13 Sec. 1272. Section 541A.2, subsection 7, Code 2023, is
14amended to read as follows:
157. Subject to obtaining any necessary federal waivers, the
16department of human services shall not consider moneys in an
17individual development account and any earnings on the moneys
18in determining the eligibility or need of an individual for
19benefits or assistance or the amount of benefits or assistance
20under the family investment program under chapter 239B, the
21promoting independence and self-sufficiency through employment
22job opportunities and basic skills program, or any other
23program administered by the department of human services.
24 Sec. 1273. Section 541A.3, Code 2023, is amended to read as
25follows:
26541A.3 Individual development accounts — state savings match
27and tax provisions.
28All of the following state savings match and tax provisions
29shall apply to an individual development account:
301. a. Payment by the state of a state savings match on
31amounts of up to two thousand dollars that an account holder
32deposits in the account holder’s account.
33b. Moneys transferred to an individual development account
34from another individual development account and a state savings
35match received by the account holder in accordance with this
-849-1section shall not be considered an account holder deposit for
2purposes of determining a state savings match.
3c. Payment of a state savings match either shall be
4made directly to the account holder or to an operating
5organization’s central reserve account for later distribution
6to the account holder in the most appropriate manner as
7determined by the administrator department.
8d. Subject to the limitation in paragraph “a”, the state
9savings match shall be equal to one hundred percent of
10the amount deposited by the account holder. However, the
11administrator department may limit, reduce, delay, or otherwise
12revise state savings match payment provisions as necessary to
13restrict the payments to the funding available.
142. Income earned by an individual development account is
15not subject to state tax, in accordance with the provisions of
16section 422.7, subsection 17.
173. Amounts transferred between individual development
18accounts are not subject to state tax.
194. The administrator department shall coordinate the filing
20of claims for a state savings match authorized under subsection
211, between account holders and operating organizations. Claims
22approved by the administrator department may be paid to each
23account holder, for an aggregate amount for distribution to the
24holders of the accounts in a particular financial institution,
25or to an operating organization’s central reserve account
26for later distribution to the account holders depending on
27the efficiency for issuing the state savings match payments.
28Claims shall be initially filed with the administrator
29 department on or before a date established by the administrator
30 department. Claims approved by the administrator department
31 shall be paid from the individual development account state
32savings match fund.
33 Sec. 1274. Section 541A.5, Code 2023, is amended to read as
34follows:
35541A.5 Rules.
-850- 11. The commission on community action agencies created
2in section 216A.92A, in consultation with the department of
3administrative services, shall adopt administrative rules to
4administer this chapter.
52. a. The rules adopted by the commission shall include
6but are not limited to provision for transfer of an individual
7development account to a different financial institution than
8originally approved by the administrator department, if the
9different financial institution has an agreement with the
10account’s operating organization.
11b. The rules for determining household income may provide
12categorical eligibility for prospective account holders who are
13enrolled in programs with income eligibility restrictions that
14are equal to or less than the maximum household income allowed
15for payment of a state match under section 541A.3.
16c. Subject to the availability of funding, the commission
17may adopt rules implementing an individual development account
18program for refugees. Rules shall identify purposes authorized
19for withdrawals to meet the special needs of refugee families.
203. The administrator department shall utilize a request for
21proposals process for selection of operating organizations and
22approval of financial institutions.
23 Sec. 1275. Section 541A.6, Code 2023, is amended to read as
24follows:
25541A.6 Compliance with federal requirements.
26The commission on community action agencies shall adopt
27rules for compliance with federal individual development
28account requirements under the federal Personal Responsibility
29and Work Opportunity Reconciliation Act of 1996, §103, as
30codified in 42 U.S.C. §604(h), under the federal Assets
31for Independence Act, Pub.L. No.105-285, Tit.IV, or with
32any other federal individual development account program
33requirements for drawing federal funding. Any rules adopted
34under this section shall not apply the federal individual
35development account program requirements to an operating
-851-1organization which does not utilize federal funding for the
2accounts with which it is connected or to an account holder who
3does not receive temporary assistance for needy families block
4grant or other federal funding.
5 Sec. 1276. Section 541A.7, Code 2023, is amended to read as
6follows:
7541A.7 Individual development account state match fund.
81. An individual development account state match fund
9is created in the state treasury under the authority of the
10administrator department. Notwithstanding section 8.33,
11moneys appropriated to the fund shall not revert to any other
12fund. Notwithstanding section 12C.7, subsection 2, interest
13or earnings on moneys deposited in the fund shall be credited
14to the fund.
152. Moneys available in the fund for a fiscal year are
16appropriated to the administrator department to be used
17to provide the state match for account holder deposits in
18accordance with section 541A.3. At least eighty-five percent
19of the amount appropriated shall be used for state match
20payments and the remainder may be used for the administrative
21costs of the operating organization. Administrative costs
22include but are not limited to accounting services, curriculum
23costs for financial education or asset-specific training, and
24costs for technical assistance contractors.
25 Sec. 1277. Section 589.26, Code 2023, is amended to read as
26follows:
27589.26 Land transfers by the department of health and human
28services legalized.
29Every deed, release or other instrument in writing
30purporting to transfer any interest in land held or claimed by
31the department of health and human services or a predecessor
32agency, which is signed by a departmental official, and which
33was filed of record more than ten years earlier, in the office
34of the auditor or recorder or clerk of the district court of
35any county is legalized and shall be good and valid in law
-852-1and in equity as fully as if the record expressly showed that
2it in all respects complied with and was fully authorized as
3provided in any statute pertaining to such instrument, any
4other provision of law to the contrary notwithstanding.
5 Sec. 1278. Section 595.4, subsection 1, Code 2023, is
6amended to read as follows:
71. Previous to the issuance of any license to marry, the
8parties desiring the license shall sign and file a verified
9application with the county registrar which application
10either may be mailed to the parties at their request or
11may be signed by them at the office of the county registrar
12in the county in which the license is to be issued. The
13application shall include the social security number of each
14applicant and shall set forth at least one affidavit of some
15competent and disinterested person stating the facts as to
16age and qualification of the parties. Upon the filing of the
17application for a license to marry, the county registrar shall
18file the application in a record kept for that purpose and
19shall take all necessary steps to ensure the confidentiality of
20the social security number of each applicant. All information
21included on an application may be provided as mutually agreed
22upon by the division of records and state registrar of vital
23 statistics and the child support recovery unit services,
24including by automated exchange.
25 Sec. 1279. Section 598.7, subsection 1, Code 2023, is
26amended to read as follows:
271. The district court may, on its own motion or on the
28motion of any party, order the parties to participate in
29mediation in any dissolution of marriage action or other
30domestic relations action. Mediation performed under this
31section shall comply with the provisions of chapter 679C.
32The provisions of this section shall not apply if the action
33involves a child support or medical support obligation enforced
34by the child support recovery unit services. The provisions
35of this section shall not apply to actions which involve elder
-853-1abuse pursuant to chapter 235F or domestic abuse pursuant
2to chapter 236. The provisions of this section shall not
3affect a judicial district’s or court’s authority to order
4settlement conferences pursuant to rules of civil procedure.
5The court shall, on application of a party, grant a waiver
6from any court-ordered mediation under this section if the
7party demonstrates that a history of domestic abuse exists as
8specified in section 598.41, subsection 3, paragraph “j”.
9 Sec. 1280. Section 598.21B, subsection 1, paragraphs c and
10d, Code 2023, are amended to read as follows:
11c. It is the intent of the general assembly that, to the
12extent possible within the requirements of federal law, the
13court and the child support recovery unit services consider the
14individual facts of each judgment or case in the application
15of the guidelines and determine the support obligation
16accordingly. It is also the intent of the general assembly
17that in the supreme court’s review of the guidelines, the
18supreme court shall do both of the following:
19(1) Emphasize the ability of a court to apply the guidelines
20in a just and appropriate manner based upon the individual
21facts of a judgment or case.
22(2) In determining monthly child support payments, consider
23other children for whom either parent is legally responsible
24for support and other child support obligations actually paid
25by either party pursuant to a court or administrative order.
26d. The guidelines prescribed by the supreme court shall
27be used by the department of health and human services in
28determining child support payments under sections 252C.2
29and 252C.4. A variation from the guidelines shall not be
30considered by the department without a record or written
31finding, based on stated reasons, that the guidelines would be
32unjust or inappropriate as determined under criteria prescribed
33by the supreme court.
34 Sec. 1281. Section 598.21B, subsection 2, paragraph e, Code
352023, is amended to read as follows:
-854- 1e. Special circumstances justifying variation from
2guidelines. Unless the special circumstances of the case
3justify a deviation, the court or the child support recovery
4unit services shall establish a monthly child support payment
5in accordance with the guidelines for a parent who is nineteen
6years of age or younger, who has not received a high school
7or high school equivalency diploma, and to whom each of the
8following apply:
9(1) The parent is attending a school or program described as
10follows or has been identified as one of the following:
11(a) The parent is in full-time attendance at an accredited
12school and is pursuing a course of study leading to a high
13school diploma.
14(b) The parent is attending an instructional program
15leading to a high school equivalency diploma.
16(c) The parent is attending a career and technical education
17program approved pursuant to chapter 258.
18(d) The parent has been identified by the director of
19special education of the area education agency as a child
20requiring special education as defined in section 256B.2.
21(2) The parent provides proof of compliance with the
22requirements of subparagraph (1) to the child support recovery
23unit services, if the unit child support services is providing
24services under chapter 252B, or if the unit child support
25services is not providing services pursuant to chapter 252B, to
26the court as the court may direct. Failure to provide proof of
27compliance under this subparagraph or proof of compliance under
28section 598.21G is grounds for modification of the support
29order using the uniform child support guidelines and imputing
30an income to the parent equal to a forty-hour workweek at the
31state minimum wage, unless the parent’s education, experience,
32or actual earnings justify a higher income.
33 Sec. 1282. Section 598.21C, subsection 2, paragraph b, Code
342023, is amended to read as follows:
35b. This basis for modification is applicable to petitions
-855-1filed on or after July 1, 1992, notwithstanding whether
2the guidelines prescribed by section 598.21B were used in
3establishing the current amount of support. Upon application
4for a modification of an order for child support for which
5services are being received pursuant to chapter 252B, the
6court shall set the amount of child support based upon the
7most current child support guidelines established pursuant
8to section 598.21B, including provisions for medical support
9pursuant to chapter 252E.The child Child support recovery
10unit services shall, in submitting an application for
11modification, adjustment, or alteration of an order for
12support, employ additional criteria and procedures as provided
13in chapter 252H and as established by rule.
14 Sec. 1283. Section 598.21C, subsections 3, 5, and 7, Code
152023, are amended to read as follows:
163. Applicable law. Unless otherwise provided pursuant to
1728 U.S.C. §1738B, a modification of a support order entered
18under chapter 234, 252A, 252C, 600B, this chapter, or any
19other support chapter or proceeding between parties to the
20order is void unless the modification is approved by the
21court, after proper notice and opportunity to be heard is
22given to all parties to the order, and entered as an order
23of the court. If support payments have been assigned to the
24department of health and human services pursuant to section
25234.39, 239B.6, or 252E.11, or if services are being provided
26pursuant to chapter 252B, the department is a party to the
27support order. Modifications of orders pertaining to child
28custody shall be made pursuant to chapter 598B. If the petition
29for a modification of an order pertaining to child custody asks
30either for joint custody or that joint custody be modified to
31an award of sole custody, the modification, if any, shall be
32made pursuant to section 598.41.
335. Retroactivity of modification. Judgments for child
34support or child support awards entered pursuant to this
35chapter, chapter 234, 252A, 252C, 252F, 600B, or any other
-856-1chapter of the Code which are subject to a modification
2proceeding may be retroactively modified only from three
3months after the date the notice of the pending petition for
4modification is served on the opposing party. The three-month
5limitation applies to a modification action pending on or after
6July 1, 1997. The prohibition of retroactive modification does
7not bar the child support recovery unit services from obtaining
8orders for accrued support for previous time periods. Any
9retroactive modification which increases the amount of child
10support or any order for accrued support under this subsection
11shall include a periodic payment plan. A retroactive
12modification shall not be regarded as a delinquency unless
13there are subsequent failures to make payments in accordance
14with the periodic payment plan.
157. Modification by child support recovery unit
16 services. Notwithstanding any other provision of law to the
17contrary, when an application for modification or adjustment
18of support is submitted by the child support recovery unit
19 services, the sole issues which may be considered by the
20court in that action are the application of the guidelines
21in establishing the amount of support pursuant to section
22598.21B, and provision for medical support under chapter
23252E. When an application for a cost-of-living alteration
24of support is submitted by the child support recovery unit
25 services pursuant to section 252H.24, the sole issue which may
26be considered by the court in the action is the application of
27the cost-of-living alteration in establishing the amount of
28child support. Issues related to custody, visitation, or other
29provisions unrelated to support shall be considered only under
30a separate application for modification.
31 Sec. 1284. Section 598.21G, Code 2023, is amended to read
32as follows:
33598.21G Minor parent — parenting classes.
34In any order or judgment entered under this chapter or
35chapter 234, 252A, 252C, 252F, or 600B, or under any other
-857-1chapter which provides for temporary or permanent support
2payments, if the parent ordered to pay support is less than
3eighteen years of age, one of the following shall apply:
41. If the child support recovery unit services is
5providing services pursuant to chapter 252B, the court, or
6the administrator as defined in section 252C.1, department of
7health and human services shall order the parent ordered to pay
8support to attend parenting classes which are approved by the
9department of health and human services.
102. If the child support recovery unit services is not
11providing services pursuant to chapter 252B, the court may
12order the parent ordered to pay support to attend parenting
13classes which are approved by the court.
14 Sec. 1285. Section 598.22A, subsection 4, Code 2023, is
15amended to read as follows:
164. Payment of accrued support debt due the department of
17health and human services shall be credited pursuant to section
18252B.3, subsection 5.
19 Sec. 1286. Section 598.22B, Code 2023, is amended to read
20as follows:
21598.22B Information required in order or judgment.
22This section applies to all initial or modified orders
23for paternity or support entered under this chapter, chapter
24234, 252A, 252C, 252F, 252H, 252K, or 600B, or under any other
25chapter, and any subsequent order to enforce such support
26orders.
271. All such orders or judgments shall direct each party
28to file with the clerk of court or the child support recovery
29unit services, as appropriate, upon entry of the order, and to
30update as appropriate, information on location and identity of
31the party, including social security number, residential and
32mailing addresses, electronic mail address, telephone number,
33driver’s license number, and name, address, and telephone
34number of the party’s employer. The order shall also include a
35provision that the information filed will be disclosed and used
-858-1pursuant to this section. The party shall file the information
2with the clerk of court, or, if all support payments are to
3be directed to the collection services center as provided in
4section 252B.14, subsection 2, and section 252B.16, with the
5 child support recovery unit services.
62. All such orders or judgments shall include a statement
7that in any subsequent child support action initiated by the
8 child support recovery unit services or between the parties,
9upon sufficient showing that diligent effort has been made to
10ascertain the location of such a party, the unit child support
11services or the court shall deem due process requirements for
12notice and service of process to be met with respect to the
13party, upon delivery of written notice to the most recent
14residential or employer address filed with the clerk of court
15or unit child support services pursuant to subsection 1.
163. a. Information filed pursuant to subsection 1 shall not
17be a public record.
18b. Information filed with the clerk of court pursuant
19to subsection 1 shall be available to the child support
20recovery unit services, upon request. Beginning October 1,
211998, information filed with the clerk of court pursuant to
22subsection 1 shall be provided by the clerk of court to the
23 child support recovery unit services pursuant to section
24252B.24.
25c. Information filed with the clerk of court shall be
26available, upon request, to a party unless the party filing
27the information also files an affidavit alleging the party has
28reason to believe that release of the information may result in
29physical or emotional harm to the affiant or child. However,
30even if an affidavit has been filed, any information provided
31by the clerk of court to the child support recovery unit
32 services shall be disclosed by the unit child support services
33 as provided in section 252B.9.
34d. Information provided to the unit child support services
35 shall only be disclosed as provided in section 252B.9.
-859-1 Sec. 1287. Section 598.23A, subsection 2, paragraph b,
2subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
3to read as follows:
4The contemnor shall keep a record of and provide the
5following information to the court at the court’s request, or
6to the child support recovery unit established pursuant to
7chapter 252B services created in section 252B.2, at the unit’s
8 request of child support services, when the unit child support
9services is providing enforcement services pursuant to chapter
10252B:
11 Sec. 1288. Section 598.23A, subsection 2, paragraph c,
12subparagraph (3), Code 2023, is amended to read as follows:
13(3) The court order under this paragraph shall be vacated
14only after verification is provided to the court that the
15contemnor has satisfied all accrued obligations owing and that
16the contemnor has satisfied all terms established by the court
17and when the person entitled to receive support payments, or
18the child support recovery unit services when the unit child
19support services is providing enforcement services pursuant
20to chapter 252B, has been provided ten days’ notice and an
21opportunity to object.
22 Sec. 1289. Section 598.26, subsection 1, Code 2023, is
23amended to read as follows:
241. Until a decree of dissolution has been entered, the
25record and evidence shall be closed to all but the court,
26its officers, and the child support recovery unit services
27 of the department of health and human services pursuant to
28section 252B.9. However, the payment records of a temporary
29support order maintained by the clerk of the district court
30are public records and may be released upon request. Payment
31records shall not include address or location information. No
32other person shall permit a copy of any of the testimony, or
33pleading, or the substance of any testimony or pleading, to be
34made available to any person other than a party to the action
35or a party’s attorney. Nothing in this subsection shall be
-860-1construed to prohibit publication of the original notice as
2provided by the rules of civil procedure.
3 Sec. 1290. Section 598.34, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5If public assistance is provided by the department of
6health and human services to or on behalf of a dependent child
7or a dependent child’s caretaker, there is an assignment by
8operation of law to the department of any and all rights in,
9title to, and interest in any support obligation, payment, and
10arrearages owed to or for the child or caretaker not to exceed
11the amount of public assistance paid for or on behalf of the
12child or caretaker as follows:
13 Sec. 1291. Section 598.34, subsection 3, Code 2023, is
14amended to read as follows:
153. The clerk shall furnish the department with copies
16of all orders or decrees and temporary or domestic abuse
17orders addressing support when the parties are receiving
18public assistance or services are otherwise provided by the
19 child support recovery unit services pursuant to chapter
20252B.Unless otherwise specified in the order, an equal and
21proportionate share of any child support awarded shall be
22presumed to be payable on behalf of each child subject to the
23order or judgment for purposes of an assignment under this
24section.
25 Sec. 1292. Section 600.2, Code 2023, is amended to read as
26follows:
27600.2 Definitions.
281. “Child”, “parent”, “parent-child relationship”,
29“termination of parental rights”, “biological parent”,
30“stepparent”, “guardian”, “custodian”, “guardian ad litem”,
31“minor”, “adoption service provider”, “certified adoption
32investigator”, “adult”, “agency”, “department”, “court”, and
33“juvenile court” “Adoption service provider”, “adult”, “agency”,
34“biological parent”, “certified adoption investigator”, “child”,
35“court”, “custodian”, “department”, “guardian”, “guardian ad
-861-1litem”, “juvenile court”, “minor”, “parent”, “parent-child
2relationship”, “stepparent”, and “termination of parental rights”
3 mean the same as defined in section 600A.2.
42. “Investigator” means a natural person who is certified or
5approved by the department of human services, after inspection
6by the department of inspections and appeals, as being capable
7of conducting an investigation under section 600.8.
8 Sec. 1293. Section 600.7A, Code 2023, is amended to read as
9follows:
10600.7A Adoption services provided by or through the
11 department of human services — selection of adoptive parent
12criteria.
13The department of human services shall adopt rules which
14provide that if adoption services are provided by or through
15the department, notwithstanding any other selection of
16adoptive parent criteria, the overriding criterion shall be a
17preference for placing a child in a stable home environment as
18expeditiously as possible.
19 Sec. 1294. Section 600.8, subsection 2, paragraph c, Code
202023, is amended to read as follows:
21c. If the person making the investigation does not approve
22a prospective adoption petitioner under paragraph “a” of this
23subsection, the person investigated may appeal the disapproval
24as a contested case to the director of health and human
25services. Judicial review of any adverse decision by the
26director may be sought pursuant to chapter 17A.
27 Sec. 1295. Section 600.16A, subsection 5, Code 2023, is
28amended to read as follows:
295. Notwithstanding subsection 2, a termination of parental
30rights order issued pursuant to this chapter, section 600A.9,
31or any other chapter shall be disclosed to the child support
32recovery unit services, upon request, without court order.
33 Sec. 1296. Section 600.16B, Code 2023, is amended to read
34as follows:
35600.16B Fees.
-862- 1The supreme court shall prescribe and the department of
2human services shall adopt rules, to defray the actual cost of
3the provision of information or the opening of records pursuant
4to section 600.16 or 600.16A.
5 Sec. 1297. Section 600.17, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7The department of human services shall, within the limits of
8funds appropriated to the department of human services and any
9gifts or grants received by the department for this purpose,
10provide financial assistance to any person who adopts a child
11with physical or mental disabilities or an older or otherwise
12hard-to-place child, if the adoptive parent has the capability
13of providing a suitable home for the child but the need for
14special services or the costs of maintenance are beyond the
15economic resources of the adoptive parent.
16 Sec. 1298. Section 600.17, subsection 3, Code 2023, is
17amended to read as follows:
183. The department of human services shall make adoption
19presubsidy and adoption subsidy payments to adoptive parents at
20the beginning of the month for the current month.
21 Sec. 1299. Section 600.18, Code 2023, is amended to read as
22follows:
23600.18 Determination of assistance.
241. Any prospective adoptive parent desiring financial
25assistance shall state this fact in the petition for adoption.
26The department of human services shall investigate the person
27petitioning for adoption and the child and shall file with the
28juvenile court or court a statement of whether the department
29will provide assistance as provided in section 600.17, this
30section, and sections 600.19 through 600.22, the estimated
31amount, extent, and duration of assistance, and any other
32information the juvenile court or court may order.
332. If the department of human services is unable to
34determine that an insurance policy will cover the costs of
35special services, it shall proceed as if no policy existed, for
-863-1the purpose of determining eligibility to receive assistance.
2The department shall, to the amount of financial assistance
3given, be subrogated to the rights of the adoptive parent in
4the insurance contract.
5 Sec. 1300. Section 600.22, Code 2023, is amended to read as
6follows:
7600.22 Rules.
8The department of human services shall adopt rules in
9accordance with the provisions of chapter 17A, which are
10necessary for the administration of sections 600.17 through
11600.21 and 600.23.
12 Sec. 1301. Section 600.23, subsection 1, Code 2023, is
13amended to read as follows:
141. Purpose. The department of human services may enter
15into interstate agreements with state agencies of other states
16for the protection of children on behalf of whom adoption
17subsidy is being provided by the department of human services
18 and to provide procedures for interstate children’s adoption
19assistance payments, including medical payments.
20 Sec. 1302. Section 600.23, subsection 2, paragraphs a and b,
21Code 2023, are amended to read as follows:
22a. The Iowa department of human services may enter into
23interstate agreements with state agencies of other states for
24the provision of medical services to adoptive families who
25participate in the subsidized adoption or adoption assistance
26program.
27b. The Iowa department of human services may develop,
28participate in the development of, negotiate, and enter into
29one or more interstate compacts on behalf of this state with
30other states to implement one or more of the purposes set forth
31in this section. When so entered into, and for so long as it
32shall remain in force, such a compact shall have the force and
33effect of law.
34 Sec. 1303. Section 600.23, subsection 4, paragraphs a, b,
35and c, Code 2023, are amended to read as follows:
-864- 1a. A child with special needs residing in this state who is
2the subject of an adoption assistance agreement with another
3state shall be entitled to receive a medical assistance card
4from this state upon the filing of a certified copy of the
5adoption assistance agreement obtained from the adoption
6assistance state. In accordance with regulations of the Iowa
7 department of human services, the adoptive parents shall be
8required at least annually to show that the agreement is still
9in force or has been renewed.
10b. The Iowa department of human services shall consider the
11holder of a medical assistance card pursuant to this section as
12any other holder of a medical assistance card under the laws
13of this state and shall process and make payment on claims
14on account of such holder in the same manner and pursuant to
15the same conditions and procedures as for other recipients of
16medical assistance.
17c. The Iowa department of human services shall provide
18coverage and benefits for a child who is in another state and
19who is covered by an adoption subsidy agreement made prior
20to July 1, 1987, by the Iowa department of human services
21 for the coverage or benefits, if any, not provided by the
22residence state. The adoptive parents acting for the child may
23submit evidence of payment for services or benefit amounts not
24payable in the residence state and shall be reimbursed for such
25expense. However, reimbursement shall not be made for services
26or benefit amounts covered under any insurance or other third
27party medical contract or arrangement held by the child or the
28adoptive parents. The additional coverages and benefit amounts
29provided pursuant to this subsection shall be for services to
30the cost of which there is no federal contribution, or which,
31if federally aided, are not provided by the residence state.
32Such regulations shall include procedures to be followed in
33obtaining prior approvals for services in those instances where
34required for the assistance.
35 Sec. 1304. Section 600A.2, subsections 5 and 9, Code 2023,
-865-1are amended to read as follows:
25. “Certified adoption investigator” means a person who is
3certified and approved by the department of human services,
4after inspection by the department of inspections and appeals,
5as being capable of conducting an investigation under section
6600.8.
79. “Department” means the state department of health and
8 human services or its subdivisions.
9 Sec. 1305. Section 600A.4, subsection 2, paragraph d,
10subparagraph (2), Code 2023, is amended to read as follows:
11(2) If accepted, the counseling shall be provided after
12the birth of the child and prior to the signing of a release
13of custody or the filing of a petition for termination of
14parental rights as applicable. Counseling shall be provided
15only by a person who is qualified under rules adopted by the
16department of human services which shall include a requirement
17that the person complete a minimum number of hours of training
18in the area of adoption-related counseling approved by the
19department. If counseling is accepted, the counselor shall
20provide an affidavit, which shall be attached to the release of
21custody, when practicable, certifying that the counselor has
22provided the biological parent with the requested counseling
23and documentation that the person is qualified to provide the
24requested counseling as prescribed by this paragraph “d”. The
25requirements of this paragraph “d” do not apply to a release
26of custody which is executed for the purposes of a stepparent
27adoption.
28 Sec. 1306. Section 600A.8, subsection 8, paragraph a, Code
292023, is amended to read as follows:
30a. The parent has been determined to be a person with a
31substance-related substance use disorder as defined in section
32125.2 and the parent has committed a second or subsequent
33domestic abuse assault pursuant to section 708.2A.
34 Sec. 1307. Section 600B.38, subsections 1 and 3, Code 2023,
35are amended to read as follows:
-866- 11. If public assistance is provided by the department of
2health and human services to or on behalf of a dependent child
3or a dependent child’s caretaker, there is an assignment by
4operation of law to the department of any and all rights in,
5title to, and interest in any support obligation, payment, and
6arrearages owed to or on behalf of the child or caretaker, not
7to exceed the amount of public assistance paid for or on behalf
8of the child or caretaker as follows:
9a. For family investment program assistance, section 239B.6
10shall apply.
11b. For foster care services, section 234.39 shall apply.
12c. For medical assistance, section 252E.11 shall apply.
133. The clerk shall furnish the department with copies of
14all orders or decrees and temporary or domestic abuse orders
15addressing support when the parties are receiving public
16assistance or services are otherwise provided by the child
17support recovery unit services. Unless otherwise specified
18in the order, an equal and proportionate share of any child
19support awarded shall be presumed to be payable on behalf of
20each child subject to the order or judgment for purposes of an
21assignment under this section.
22 Sec. 1308. Section 600B.41A, subsection 3, paragraph c,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) If enforcement services are being provided by the
25 child support recovery unit services pursuant to chapter 252B,
26notice shall also be served on the child support recovery unit
27 services.
28 Sec. 1309. Section 600B.41A, subsection 11, Code 2023, is
29amended to read as follows:
3011. Participation of the child support recovery unit
31 services created in section 252B.2 in an action brought under
32this section shall be limited as follows:
33a. The unit Child support services shall only participate
34in actions if services are being provided by the unit child
35support services pursuant to chapter 252B.
-867- 1b. When services are being provided by the unit child
2support services under chapter 252B, the unit child support
3services may enter an administrative order for blood and
4genetic tests pursuant to chapter 252F.
5c. The unit Child support services is not responsible for or
6required to provide for or assist in obtaining blood or genetic
7tests in any case in which services are not being provided by
8the unit child support services.
9d. The unit Child support services is not responsible for
10the costs of blood or genetic testing conducted pursuant to an
11action brought under this section.
12e. Pursuant to section 252B.7, subsection 4, an attorney
13employed by the unit child support services represents the
14state in any action under this section. The unit’s Child
15support services’ attorney is not the legal representative of
16the mother, the established father, or the child in any action
17brought under this section.
18 Sec. 1310. Section 600C.1, subsection 3, paragraph c,
19subparagraph (2), subparagraph division (f), Code 2023, is
20amended to read as follows:
21(f) Drug abuse Substance use disorder.
22 Sec. 1311. Section 602.4201, subsection 3, paragraph h,
23Code 2023, is amended to read as follows:
24h. Involuntary commitment or treatment of persons with
25substance-related disorders a substance use disorder.
26 Sec. 1312. Section 602.6111, subsection 2, Code 2023, is
27amended to read as follows:
282. Any party, except the child support recovery unit
29 services, filing a petition, complaint, answer, appearance,
30first motion, or any document with the clerk of the district
31court to establish or modify an order for child support
32under chapter 236, 252A, 252K, 598, or 600B shall provide the
33clerk of the district court with the date of birth and social
34security number of the child.
35 Sec. 1313. Section 602.6405, subsection 2, paragraph b,
-868-1Code 2023, is amended to read as follows:
2b. Magistrates shall forward copies of citations issued
3for violations of section 453A.2, subsection 2, and of their
4dispositions to the clerk of the district court. The clerk of
5the district court shall maintain records of citations issued
6and the dispositions of citations, and shall forward a copy of
7the records to the Iowa department of public health and human
8services.
9 Sec. 1314. Section 602.8102, subsections 33, 43, and 47,
10Code 2023, are amended to read as follows:
1133. Furnish to the Iowa department of public health and
12human services a certified copy of a judgment relating to the
13suspension or revocation of a professional license.
1443. Submit to the director of the division of child and
15family services of the department of health and human services
16a duplicate of the findings of the court related to adoptions
17as provided in section 235.3, subsection 7.
1847. Record support payments made pursuant to an order
19entered under chapter 252A, 252F, 598, or 600B, or under a
20comparable statute of another state or foreign country as
21defined in chapter 252K, and through setoff of a state or
22federal income tax refund or rebate, as if the payments were
23received and disbursed by the clerk; forward support payments
24received under section 252A.6 to the department of health
25and human services and furnish copies of orders and decrees
26awarding support to parties receiving welfare public assistance
27as provided in section 252A.13.
28 Sec. 1315. Section 602.8103, subsection 4, paragraph j,
29Code 2023, is amended to read as follows:
30j. Court reporters’ notes and certified transcripts of
31those notes in mental health hearings under section 229.12 and
32substance abuse use disorder hearings under section 125.82,
33ninety days after the respondent has been discharged from
34involuntary custody.
35 Sec. 1316. Section 602.8107, subsection 5, paragraph b,
-869-1subparagraph (5), Code 2023, is amended to read as follows:
2(5) A drug abuse resistance substance use disorder
3 education surcharge.
4 Sec. 1317. Section 602.8108, subsection 3, Code 2023, is
5amended to read as follows:
63. The clerk of the district court shall remit to the
7state court administrator, not later than the fifteenth day of
8each month, all moneys collected from the surcharge provided
9in section 911.1 during the preceding calendar month. The
10state court administrator shall allocate and deposit each
11month forty-six percent in the juvenile detention home fund in
12section 232.142, thirty-two percent in the victim compensation
13fund established in section 915.94, twenty percent in the
14criminalistics laboratory fund established in section 691.9,
15and two percent in the drug abuse resistance substance use
16disorder education fund established in section 80E.4.
17 Sec. 1318. Section 613.17, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. A person or entity that owns, manages, or is otherwise
20responsible for the premises on which an automated external
21defibrillator is located if the person or entity maintains the
22automated external defibrillator in a condition for immediate
23and effective use at all times, subject to standards developed
24by the department of public health and human services by rule.
25 Sec. 1319. Section 622.10, subsection 6, paragraph a, Code
262023, is amended to read as follows:
27a. The fee charged for the cost of producing the requested
28records or images shall be based upon the actual cost
29of production. If the written request and accompanying
30patient’s waiver, if required, authorizes the release of
31all of the patient’s records for the requested time period,
32including records relating to the patient’s mental health,
33substance abuse use disorder, and acquired immune deficiency
34syndrome-related conditions, the amount charged shall not
35exceed the rates established by the workers’ compensation
-870-1commissioner for copies of records in workers’ compensation
2cases. If requested, the provider shall include an affidavit
3certifying that the records or images produced are true and
4accurate copies of the originals for an additional fee not to
5exceed ten dollars.
6 Sec. 1320. Section 622A.7, Code 2023, is amended to read as
7follows:
8622A.7 Rules.
9The supreme court, after consultation with the department
10of health and human rights services and other appropriate
11departments, shall adopt rules governing the qualifications and
12compensation of interpreters or translators appearing in legal
13proceedings under this chapter. However, an administrative
14agency which is subject to chapter 17A may adopt rules
15differing from those of the supreme court governing the
16qualifications and compensation of interpreters or translators
17appearing in proceedings before that agency.
18 Sec. 1321. Section 622B.1, subsection 2, Code 2023, is
19amended to read as follows:
202. The supreme court, after consultation with the
21department of health and human rights services, shall adopt
22rules governing the qualifications and compensation of sign
23language interpreters appearing in a legal proceeding or before
24an administrative agency under this chapter. However, an
25administrative agency which is subject to chapter 17A may adopt
26rules differing from those of the supreme court governing the
27qualifications and compensation of sign language interpreters
28appearing in proceedings before that agency.
29 Sec. 1322. Section 622B.4, Code 2023, is amended to read as
30follows:
31622B.4 List.
32The office of deaf services of the department of health
33and human rights services shall prepare and continually
34update a listing of qualified and available sign language
35interpreters. The courts and administrative agencies shall
-871-1maintain a directory of qualified interpreters for deaf and
2hard-of-hearing persons as furnished by the department of
3health and human rights services. The office of deaf services
4of the department of health and human services shall maintain
5a list of sign language interpreters which shall be made
6available to a court, administrative agency, or interested
7parties to an action using the services of a sign language
8interpreter.
9 Sec. 1323. Section 626.29, Code 2023, is amended to read as
10follows:
11626.29 Distress warrant by director of revenue, director of
12inspections and appeals, or director of workforce development.
13In the service of a distress warrant issued by the director
14of revenue for the collection of taxes administered by or debts
15to be collected by the department of revenue, in the service of
16a distress warrant issued by the director of inspections and
17appeals for the collection of overpayment debts owed to the
18department of health and human services, or in the service of a
19distress warrant issued by the director of the department of
20workforce development for the collection of employment security
21contributions, the property of the taxpayer or the employer in
22the possession of another, or debts due the taxpayer or the
23employer, may be reached by garnishment.
24 Sec. 1324. Section 633.231, Code 2023, is amended to read
25as follows:
26633.231 Notice in intestate estates — medical assistance
27claims.
281. Upon opening administration of an intestate estate,
29the administrator shall, in accordance with section 633.410,
30provide by electronic transmission on a form approved by
31the department of health and human services to the entity
32designated by the department of health and human services,
33a notice of opening administration of the estate and of
34the appointment of the administrator, which shall include a
35notice to file claims with the clerk or to provide electronic
-872-1notification to the administrator that the department has no
2claim within six months from the date of sending this notice,
3or thereafter be forever barred.
42. The notice shall be in substantially the following form:
5In the District Court of Iowa
6in and for ..... County.
7In the Estate ofProbate No.....
8....., Deceased
9NOTICE OF OPENING
10ADMINISTRATION OF
11ESTATE, OF APPOINTMENT OF
12ADMINISTRATOR, AND
13NOTICE TO CREDITOR
14To the Department of Health and Human Services Who May Be
15Interested in the Estate of ....., Deceased, who died on or
16about ...... (date):
17You are hereby notified that on the .. day of ... (month),
18... (year), an intestate estate was opened in the above-named
19court and that ..... was appointed administrator of the
20estate.
21You are further notified that the birthdate of the
22deceased is ... and the deceased’s social security number
23is ...-...-.... The name of the spouse is ......... The
24birthdate of the spouse is ... and the spouse’s social
25security number is ...-...-...., and that the spouse of the
26deceased is alive as of the date of this notice, or deceased as
27of ...... (date).
28You are further notified that the deceased was/was not a
29disabled or a blind child of the medical assistance recipient
30by the name of ....., who had a birthdate of ... and a social
31security number of ...-...-...., and the medical assistance
32debt of that medical assistance recipient was waived pursuant
33to section 249A.53, subsection 2, paragraph “a”, subparagraph
34(1), and is now collectible from this estate pursuant to
35section 249A.53, subsection 2, paragraph “b”.
-873- 1Notice is hereby given that if the department of health
2and human services has a claim against the estate for the
3deceased person or persons named in this notice, the claim
4shall be filed with the clerk of the above-named district
5court, as provided by law, duly authenticated, for allowance,
6within six months from the date of sending this notice and,
7unless otherwise allowed or paid, the claim is thereafter
8forever barred. If the department does not have a claim, the
9department shall return the notice to the administrator with
10notification stating the department does not have a claim
11within six months from the date of sending this notice.
12Dated this .. day of ... (month), ... (year)
13....................
14Administrator of the estate
15....................
16Address
17....................
18Attorney for the administrator
19....................
20Address
21 Sec. 1325. Section 633.304A, Code 2023, is amended to read
22as follows:
23633.304A Notice of probate of will — medical assistance
24claims.
251. On admission of a will to probate, the executor shall,
26in accordance with section 633.410, provide by electronic
27transmission on a form approved by the department of health and
28 human services to the entity designated by the department of
29health and human services, a notice of admission of the will
30to probate and of the appointment of the executor, which shall
31include a notice to file claims with the clerk or to provide
32electronic notification to the executor that the department
33has no claim within six months of sending this notice, or
34thereafter be forever barred.
352. The notice shall be in substantially the following form:
-874-1In the District Court of Iowa
2in and for ..... County.
3Probate No. ....
4In the Estate ofNOTICE OF PROBATE OF WILL,
5....., DeceasedOF APPOINTMENT OF
6EXECUTOR, AND
7NOTICE TO CREDITORS
8To the Department of Health and Human Services, Who May Be
9Interested in the Estate of ....., Deceased, who died on or
10about ...... (date):
11You are hereby notified that on the .. day of ...(month),
12...(year), the last will and testament of ......, deceased,
13bearing date of the .. day of ... (month), ... (year) was
14admitted to probate in the above-named court and that ......
15was appointed executor of the estate.
16You are further notified that the birthdate of the
17deceased is ... and the deceased’s social security number is
18...-...-.... The name of the spouse is ...... The birthdate
19of the spouse is ... and the spouse’s social security number
20is ...-...-...., and that the spouse of the deceased is alive
21as of the date of this notice, or deceased as of ..... (date).
22You are further notified that the deceased was/was not a
23disabled or a blind child of the medical assistance recipient
24by the name of ......, who had a birthdate of .... and a social
25security number of ...-...-...., and the medical assistance
26debt of that medical assistance recipient was waived pursuant
27to section 249A.53, subsection 2, paragraph “a”, subparagraph
28(1), and is now collectible from this estate pursuant to
29section 249A.53, subsection 2, paragraph “b”.
30Notice is hereby given that if the department of health
31and human services has a claim against the estate for the
32deceased person or persons named in this notice, the claim
33shall be filed with the clerk of the above-named district
34court, as provided by law, duly authenticated, for allowance
35within six months from the date of sending this notice and,
-875-1unless otherwise allowed or paid, the claim is thereafter
2forever barred. If the department does not have a claim,
3the department shall return the notice to the executor with
4notification that the department does not have a claim within
5six months from the date of sending this notice.
6Dated this .. day of ... (month), ... (year)
7......
8Executor of estate
9........
10Address
11......
12Attorney for executor
13........
14Address
15 Sec. 1326. Section 633.336, Code 2023, is amended to read
16as follows:
17633.336 Damages for wrongful death.
18When a wrongful act produces death, damages recovered as a
19result of the wrongful act shall be disposed of as personal
20property belonging to the estate of the deceased; however, if
21the damages include damages for loss of services and support
22of a deceased spouse, parent, or child, the damages shall be
23apportioned by the court among the surviving spouse, children,
24and parents of the decedent in a manner as the court may deem
25equitable consistent with the loss of services and support
26sustained by the surviving spouse, children, and parents
27respectively. Any recovery by a parent for the death of a
28child shall be subordinate to the recovery, if any, of the
29spouse or a child of the decedent. If the decedent leaves
30a spouse, child, or parent, damages for wrongful death shall
31not be subject to debts and charges of the decedent’s estate,
32except for amounts to be paid to the department of health
33and human services for payments made for medical assistance
34pursuant to chapter 249A, paid on behalf of the decedent from
35the time of the injury which gives rise to the decedent’s death
-876-1up until the date of the decedent’s death.
2 Sec. 1327. Section 633.356, subsection 3, paragraph a,
3subparagraph (9), Code 2023, is amended to read as follows:
4(9) That no debt is owed to the department of health and
5 human services for reimbursement of Medicaid benefits; or if
6debt is owed, that the debt will be paid to the extent of funds
7received pursuant to the affidavit.
8 Sec. 1328. Section 633.356, subsection 8, paragraph b, Code
92023, is amended to read as follows:
10b. When the department of health and human services is
11entitled to money or property of a decedent pursuant to section
12249A.53, subsection 2, and no affidavit has been presented by
13a successor as defined in subsection 2, paragraph “a” or “b”,
14within ninety days of the date of the decedent’s death, the
15funds in the account or other property, up to the amount of
16the claim of the department, shall be paid to the department
17upon presentation by the department or an entity designated by
18the department of an affidavit to the holder of the decedent’s
19property. Such affidavit shall include the information
20specified in subsection 3, except that the department may
21submit proof of payment of funeral expenses as verification
22of the decedent’s death instead of a certified copy of the
23decedent’s death certificate. The amount of the department’s
24claim shall also be included in the affidavit, which shall
25entitle the department to receive the funds as a successor.
26The department shall issue a refund within sixty days to any
27claimant with a superior priority pursuant to section 633.425,
28if notice of such claim is given to the department, or to the
29entity designated by the department to receive notice, within
30one year of the department’s receipt of funds. This paragraph
31shall apply to funds or property of the decedent transferred
32to the custody of the treasurer of state as unclaimed property
33pursuant to chapter 556.
34 Sec. 1329. Section 633.410, subsection 2, Code 2023, is
35amended to read as follows:
-877- 12. Notwithstanding subsection 1, claims for debts created
2under section 249A.53, subsection 2, relating to the recovery
3of medical assistance payments shall be barred under this
4section unless filed with the clerk within six months after
5sending notice by electronic transmission, on the form
6prescribed in section 633.231 for intestate estates or on the
7form prescribed in section 633.304A for testate estates, to
8the entity designated by the department of health and human
9services to receive notice.
10 Sec. 1330. Section 633.564, subsection 3, Code 2023, is
11amended to read as follows:
123. The judicial branch, in conjunction with the department
13of public safety, the department of health and human services,
14and the state chief information officer, shall establish
15procedures for electronic access to the single contact
16repository established pursuant to section 135C.33 necessary to
17conduct background checks requested under subsection 1.
18 Sec. 1331. Section 633.641, subsection 4, Code 2023, is
19amended to read as follows:
204. The conservator shall report to the department of health
21and human services the protected person’s assets and income,
22if the protected person is receiving medical assistance under
23chapter 249A. Such reports shall be made upon establishment of
24a conservatorship for an individual applying for or receiving
25medical assistance, upon application for benefits on behalf
26of the protected person, upon annual or semiannual review of
27continued medical assistance eligibility, when any significant
28change in the protected person’s assets or income occurs, or
29as otherwise requested by the department of health and human
30services. Written reports shall be provided to the department
31of health and human services office for the county in which the
32protected person resides or the office in which the protected
33person’s medical assistance is administered.
34 Sec. 1332. Section 633B.120, subsection 2, paragraph f,
35Code 2023, is amended to read as follows:
-878- 1f. The person makes, or has actual knowledge that another
2person has made, a report to the department of health and human
3services stating a good-faith belief that the principal may be
4subject to physical or financial abuse, neglect, exploitation,
5or abandonment by the agent or a person acting for or with the
6agent.
7 Sec. 1333. Section 633C.1, Code 2023, is amended to read as
8follows:
9633C.1 Definitions.
10For purposes of this chapter, unless the context otherwise
11requires:
121. “Available monthly income” means in reference to a
13medical assistance income trust beneficiary, any income
14received directly by the beneficiary, not from the trust,
15that counts as income in determining eligibility for medical
16assistance and any amounts paid to or otherwise made available
17to the beneficiary by the trustee pursuant to section 633C.3,
18subsection 1, paragraph “b”, or section 633C.3, subsection 2,
19paragraph “b”.
202. “Beneficiary” means the original beneficiary of a medical
21assistance special needs trust or medical assistance income
22trust, whose assets funded the trust.
233. “Department” means the department of health and human
24services.
253. 4. “Institutionalized individual” means an individual
26receiving nursing facility services, a level of care in any
27institution equivalent to nursing facility services, or home
28and community-based services under the medical assistance home
29and community-based services waiver program.
304. 5. “Maximum monthly medical assistance payment rate for
31services in an intermediate care facility for persons with an
32intellectual disability” means the allowable rate established by
33the department of human services and as published in the Iowa
34administrative bulletin.
355. 6. “Medical assistance” means medical assistance as
-879-1defined in section 249A.2.
26. 7. “Medical assistance income trust” means a trust or
3similar legal instrument or device that meets the criteria of
442 U.S.C. §1396p(d)(4)(B)(i)-(ii).
57. 8. “Medical assistance special needs trust” means a trust
6or similar legal instrument or device that meets the criteria
7of 42 U.S.C. §1396p(d)(4)(A) or (C).
88. 9. “Statewide average charge for state mental health
9institute care” means the statewide average charge for such
10care as calculated by the department of human services and as
11published in the Iowa administrative bulletin.
129. 10. “Statewide average charge for nursing facility
13services” means the statewide average charge for such care,
14excluding charges by Medicare-certified, skilled nursing
15facilities, as calculated by the department of human services
16 and as published in the Iowa administrative bulletin.
1710. 11. “Statewide average charge to private-pay patients
18for psychiatric medical institutions for children care” means
19the statewide average charge for such care as calculated by
20the department of human services and as published in the Iowa
21administrative bulletin.
2211. 12. “Total monthly income” means in reference to a
23medical assistance income trust beneficiary, income received
24directly by the beneficiary, not from the trust, that counts
25as income in determining eligibility for medical assistance,
26income of the beneficiary received by the trust that would
27otherwise count as income in determining the beneficiary’s
28eligibility for medical assistance, and income or earnings of
29the trust received by the trust.
30 Sec. 1334. Section 633C.5, Code 2023, is amended to read as
31follows:
32633C.5 Cooperation.
331. The department of human services shall cooperate with
34the trustee of a medical assistance special needs trust or a
35medical assistance income trust in determining the appropriate
-880-1disposition of the trust under sections 633C.2 and 633C.3.
22. The trustee of a medical assistance special needs trust
3or medical assistance income trust shall cooperate with the
4department of human services in supplying information regarding
5a trust established under this chapter.
6 Sec. 1335. Section 642.2, subsection 4, Code 2023, is
7amended to read as follows:
84. Notwithstanding subsections 2, 3, 6, and 7, any moneys
9owed to the child support obligor by the state, with the
10exception of unclaimed property held by the treasurer of
11state pursuant to chapter 556, and payments owed to the child
12support obligor through the Iowa public employees’ retirement
13system are subject to garnishment, attachment, execution, or
14assignment by the child support recovery unit services if the
15 child support recovery unit services is providing enforcement
16services pursuant to chapter 252B. Any moneys that are
17determined payable by the treasurer pursuant to section 556.20,
18subsection 2, to the child support obligor shall be subject
19to setoff pursuant to section 8A.504, notwithstanding any
20administrative rule pertaining to the child support recovery
21unit services limiting the amount of the offset.
22 Sec. 1336. Section 669.2, subsection 4, paragraph a, Code
232023, is amended to read as follows:
24a. “Employee of the state” includes any one or more
25officers, agents, or employees of the state or any state
26agency, including members of the general assembly, and persons
27acting on behalf of the state or any state agency in any
28official capacity, temporarily or permanently in the service of
29the state of Iowa, whether with or without compensation, but
30does not include a contractor doing business with the state.
31Professional personnel, including physicians, osteopathic
32physicians and surgeons, osteopathic physicians, optometrists,
33dentists, nurses, physician assistants, and other medical
34personnel, who render services to patients or inmates of state
35institutions under the jurisdiction of the department of health
-881-1and human services or the Iowa department of corrections,
2and employees of the department of veterans affairs, are to
3be considered employees of the state, whether the personnel
4are employed on a full-time basis or render services on
5a part-time basis on a fee schedule or other arrangement.
6Criminal defendants while performing unpaid community service
7ordered by the district court, board of parole, or judicial
8district department of correctional services, or an inmate
9providing services pursuant to a chapter 28E agreement entered
10into pursuant to section 904.703, and persons supervising
11those inmates under and according to the terms of the chapter
1228E agreement, are to be considered employees of the state.
13Members of the Iowa national guard performing duties in
14a requesting state pursuant to section 29C.21 are to be
15considered employees of the state solely for the purpose of
16claims arising out of those duties in the event that the
17requesting state’s tort claims coverage does not extend to
18such members of the Iowa national guard or is less than that
19provided under Iowa law.
20 Sec. 1337. Section 674.3, Code 2023, is amended to read as
21follows:
22674.3 Petition copy.
23A copy of the petition shall be filed by the clerk of court
24with the division for records and state registrar of vital
25 statistics of the Iowa department of public health and human
26services.
27 Sec. 1338. Section 674.7, Code 2023, is amended to read as
28follows:
29674.7 Copy to Iowa department of public health and human
30services.
31When the court grants a decree of change of name, the clerk
32of the court shall furnish the petitioner with a certified copy
33of the decree and mail an abstract of a decree requiring a name
34change to be reflected on a birth certificate to the state
35registrar of vital statistics of the Iowa department of public
-882-1 health and human services on a form provided by the state
2registrar.
3 Sec. 1339. Section 686D.2, subsection 11, paragraph e, Code
42023, is amended to read as follows:
5e. Any state agency, including the department of public
6 health and human services.
7 Sec. 1340. Section 691.5, Code 2023, is amended to read as
8follows:
9691.5 State medical examiner.
10The office and position of state medical examiner is
11established for administrative purposes within the Iowa
12 department of public health and human services. Other state
13agencies shall cooperate with the state medical examiner in
14the use of state-owned facilities when appropriate for the
15performance of nonadministrative duties of the state medical
16examiner. The state medical examiner shall be a physician
17and surgeon or osteopathic physician and surgeon, be licensed
18to practice medicine in the state of Iowa, and be board
19certified or eligible to be board certified in anatomic and
20forensic pathology by the American board of pathology. The
21state medical examiner shall be appointed by and serve at the
22pleasure of the director of public health and human services
23 upon the advice of and in consultation with the director of
24public safety and the governor. The state medical examiner,
25in consultation with the director of public health and human
26services, shall be responsible for developing and administering
27the medical examiner’s budget and for employment of medical
28examiner staff and assistants. The state medical examiner
29may be a faculty member of the university of Iowa college of
30medicine or the college of law at the university of Iowa, and
31any of the examiner’s assistants or staff may be members of the
32faculty or staff of the university of Iowa college of medicine
33or the college of law at the university of Iowa.
34 Sec. 1341. Section 691.6, subsection 3, Code 2023, is
35amended to read as follows:
-883- 13. To adopt rules pursuant to chapter 17A and subject to the
2approval of the director of public health and human services.
3 Sec. 1342. Section 691.6, subsection 10, Code 2023, is
4amended by striking the subsection.
5 Sec. 1343. Section 691.6A, Code 2023, is amended to read as
6follows:
7691.6A Deputy state medical examiner — creation and duties.
8The position of deputy state medical examiner is created
9within the office of the state medical examiner. The deputy
10state medical examiner shall report to and be responsible to
11the state medical examiner. The deputy state medical examiner
12shall meet the qualification criteria established in section
13691.5 for the state medical examiner and shall be subject to
14rules adopted by the state medical examiner as provided in
15section 691.6, subsection 3. The state medical examiner and
16the deputy state medical examiner shall function as a team,
17providing peer review as necessary, fulfilling each other’s job
18responsibilities during times of absence, and working jointly
19to provide services and education to county medical examiners,
20law enforcement officials, hospital pathologists, and other
21individuals and entities. The deputy medical examiner may
22be, but is not required to be, a full-time salaried faculty
23member of the department of pathology of the university of Iowa
24college of medicine. If the medical examiner is a full-time
25salaried faculty member of the department of pathology of the
26university of Iowa college of medicine, the Iowa department
27of public health and human services and the state board of
28regents shall enter into a chapter 28E agreement to define the
29activities and functions of the deputy medical examiner, and
30to allocate deputy medical examiner costs, consistent with the
31requirements of this section.
32 Sec. 1344. Section 691.6B, subsection 1, paragraph b, Code
332023, is amended to read as follows:
34b. Advise the state medical examiner concerning the
35assurance of effective coordination of the functions and
-884-1operations of the office of the state medical examiner with the
2needs and interests of the departments of public safety and
3public health and human services.
4 Sec. 1345. Section 691.6B, subsection 2, paragraph c, Code
52023, is amended to read as follows:
6c. The director of public health and human services or the
7director’s designee.
8 Sec. 1346. Section 691.7, Code 2023, is amended to read as
9follows:
10691.7 Commissioner to accept federal or private grants.
11The commissioner of public safety may accept federal
12or private funds or grants to aid in the establishment or
13operation of the state criminalistics laboratory, and the
14director of public health and human services or the state board
15of regents may accept federal or private funds or grants to
16aid in the establishment or operation of the position of state
17medical examiner.
18 Sec. 1347. Section 692.15, subsection 1, Code 2023, is
19amended to read as follows:
201. If it comes to the attention of a sheriff, police
21department, or other law enforcement agency that a public
22offense or delinquent act has been committed in its
23jurisdiction, the law enforcement agency shall report
24information concerning the public offense or delinquent act to
25the department on a form to be furnished by the department not
26more than thirty-five days from the time the public offense
27or delinquent act first comes to the attention of the law
28enforcement agency. The reports shall be used to generate
29crime statistics. The department shall submit statistics to
30the governor, the general assembly, and the division of subunit
31of the department of health and human services responsible for
32 criminal and juvenile justice planning of the department of
33human rights on a quarterly and yearly basis.
34 Sec. 1348. Section 707.6A, subsection 1D, Code 2023, is
35amended to read as follows:
-885- 11D. Where the program is available and appropriate for
2the defendant, the court shall also order the defendant to
3participate in a reality education substance abuse use disorder
4 prevention program as provided in section 321J.24.
5 Sec. 1349. Section 708.3A, subsections 1, 2, 3, and 4, Code
62023, are amended to read as follows:
71. A person who commits an assault, as defined in section
8708.1, against a peace officer, jailer, correctional staff,
9member or employee of the board of parole, health care
10provider, employee of the department of health and human
11services, employee of the department of revenue, national
12guard member engaged in national guard duty or state active
13duty, civilian employee of a law enforcement agency, civilian
14employee of a fire department, or fire fighter, whether paid
15or volunteer, with the knowledge that the person against
16whom the assault is committed is a peace officer, jailer,
17correctional staff, member or employee of the board of parole,
18health care provider, employee of the department of health and
19 human services, employee of the department of revenue, national
20guard member engaged in national guard duty or state active
21duty, civilian employee of a law enforcement agency, civilian
22employee of a fire department, or fire fighter and with the
23intent to inflict a serious injury upon the peace officer,
24jailer, correctional staff, member or employee of the board
25of parole, health care provider, employee of the department
26of health and human services, employee of the department of
27revenue, national guard member engaged in national guard duty
28or state active duty, civilian employee of a law enforcement
29agency, civilian employee of a fire department, or fire
30fighter, is guilty of a class “D” felony.
312. A person who commits an assault, as defined in section
32708.1, against a peace officer, jailer, correctional staff,
33member or employee of the board of parole, health care
34provider, employee of the department of health and human
35services, employee of the department of revenue, national
-886-1guard member engaged in national guard duty or state active
2duty, civilian employee of a law enforcement agency, civilian
3employee of a fire department, or fire fighter, whether paid
4or volunteer, who knows that the person against whom the
5assault is committed is a peace officer, jailer, correctional
6staff, member or employee of the board of parole, health care
7provider, employee of the department of health and human
8services, employee of the department of revenue, national
9guard member engaged in national guard duty or state active
10duty, civilian employee of a law enforcement agency, civilian
11employee of a fire department, or fire fighter and who uses or
12displays a dangerous weapon in connection with the assault, is
13guilty of a class “D” felony.
143. A person who commits an assault, as defined in section
15708.1, against a peace officer, jailer, correctional staff,
16member or employee of the board of parole, health care
17provider, employee of the department of health and human
18services, employee of the department of revenue, national
19guard member engaged in national guard duty or state active
20duty, civilian employee of a law enforcement agency, civilian
21employee of a fire department, or fire fighter, whether paid
22or volunteer, who knows that the person against whom the
23assault is committed is a peace officer, jailer, correctional
24staff, member or employee of the board of parole, health care
25provider, employee of the department of health and human
26services, employee of the department of revenue, national
27guard member engaged in national guard duty or state active
28duty, civilian employee of a law enforcement agency, civilian
29employee of a fire department, or fire fighter, and who causes
30bodily injury or mental illness, is guilty of an aggravated
31misdemeanor.
324. Any other assault, as defined in section 708.1, committed
33against a peace officer, jailer, correctional staff, member
34or employee of the board of parole, health care provider,
35employee of the department of health and human services,
-887-1employee of the department of revenue, national guard member
2engaged in national guard duty or state active duty, civilian
3employee of a law enforcement agency, civilian employee of a
4fire department, or fire fighter, whether paid or volunteer,
5by a person who knows that the person against whom the assault
6is committed is a peace officer, jailer, correctional staff,
7member or employee of the board of parole, health care
8provider, employee of the department of health and human
9services, employee of the department of revenue, national
10guard member engaged in national guard duty or state active
11duty, civilian employee of a law enforcement agency, civilian
12employee of a fire department, or fire fighter, is a serious
13misdemeanor.
14 Sec. 1350. Section 708.3A, subsection 5, paragraph b, Code
152023, is amended to read as follows:
16b. “Employee of the department of health and human services”
17means a person who is an employee of an institution controlled
18by the director of health and human services that is listed in
19section 218.1, or who is an employee of the civil commitment
20unit for sex offenders operated by the department of health and
21 human services. A person who commits an assault under this
22section against an employee of the department of health and
23 human services at a department of health and human services
24institution or unit is presumed to know that the person against
25whom the assault is committed is an employee of the department
26of health and human services.
27 Sec. 1351. Section 709.16, subsection 2, paragraph b,
28subparagraphs (2) and (5), Code 2023, are amended to read as
29follows:
30(2) Institutions controlled by the department of health and
31 human services listed in section 218.1.
32(5) Facilities for the treatment of persons with
33substance-related disorders a substance use disorder as defined
34in section 125.2.
35 Sec. 1352. Section 710.8, subsection 3, Code 2023, is
-888-1amended to read as follows:
23. A person shall not harbor a runaway child with the intent
3of allowing the runaway child to remain away from home against
4the wishes of the child’s parent, guardian, or custodian.
5However, the provisions of this subsection do not apply to
6a shelter care home which is licensed or approved by the
7department of health and human services.
8 Sec. 1353. Section 710A.7, Code 2023, is amended to read as
9follows:
10710A.7 Peace officer referral.
11If during the course of an investigation or prosecution
12under this chapter a peace officer has reason to believe that
13a person who purports to be licensed pursuant to chapter 152C
14or 157 does not possess a valid license or is in violation of
15any other state or federal laws, the peace officer may report
16such noncompliance to the appropriate licensing board under
17the professional licensure division within the department of
18public health and human services, and to the appropriate state
19or federal authorities.
20 Sec. 1354. Section 714G.8, subsection 5, Code 2023, is
21amended to read as follows:
225. The department of health and human services or its agents
23or assignees acting to investigate fraud under the medical
24assistance program.
25 Sec. 1355. Section 715A.11, subsection 5, Code 2023, is
26amended to read as follows:
275. A person who violates this section is guilty of a simple
28misdemeanor for a first offense and a serious misdemeanor for
29each subsequent offense. The court may require a substance
30abuse use disorder evaluation and treatment through a program
31licensed by the Iowa department of public health and human
32services in lieu of or in addition to other penalties. Any
33substance abuse use disorder evaluation required under this
34subsection shall be completed at the expense of the defendant.
35 Sec. 1356. Section 724.31, subsection 2, Code 2023, is
-889-1amended to read as follows:
22. A person who is subject to the disabilities imposed
3by 18 U.S.C. §922(d)(4) and (g)(4) because of an order or
4judgment that occurred under the laws of this state may
5petition the court that issued the order or judgment or the
6court in the county where the person resides for relief from
7the disabilities imposed under 18 U.S.C. §922(d)(4) and (g)(4).
8A copy of the petition shall also be served on the director of
9health and human services and the county attorney at the county
10attorney’s office of the county in which the original order
11occurred, and the director or the county attorney may appear,
12support, object to, and present evidence relevant to the relief
13sought by the petitioner.
14 Sec. 1357. Section 725.1, subsection 1, paragraph b, Code
152023, is amended to read as follows:
16b. If the person who sells or offers for sale the person’s
17services as a partner in a sex act is under the age of eighteen,
18the county attorney may elect, in lieu of filing a petition
19alleging that the person has committed a delinquent act,
20to refer that person to the department of health and human
21services for the possible filing of a petition alleging that
22the person is a child in need of assistance.
23 Sec. 1358. Section 730.5, subsection 1, paragraph g, Code
242023, is amended to read as follows:
25g. “Medical review officer” means a licensed physician,
26osteopathic physician, chiropractor, nurse practitioner, or
27physician assistant authorized to practice in any state of the
28United States, who is responsible for receiving laboratory
29results generated by an employer’s drug or alcohol testing
30program, and who has knowledge of substance abuse use disorders
31and has appropriate medical training to interpret and evaluate
32an individual’s confirmed positive test result together
33with the individual’s medical history and any other relevant
34biomedical information.
35 Sec. 1359. Section 730.5, subsection 3, Code 2023, is
-890-1amended to read as follows:
23. Testing optional. This section does not require or
3create a legal duty on an employer to conduct drug or alcohol
4testing and the requirements of this section shall not be
5construed to encourage, discourage, restrict, limit, prohibit,
6or require such testing. In addition, an employer may
7implement and require drug or alcohol testing at some but not
8all of the work sites of the employer and the requirements of
9this section shall only apply to the employer and employees who
10are at the work sites where drug or alcohol testing pursuant to
11this section has been implemented. A cause of action shall not
12arise in favor of any person against an employer or agent of an
13employer based on the failure of the employer to establish a
14program or policy on substance abuse use disorder prevention
15or to implement any component of testing as permitted by this
16section.
17 Sec. 1360. Section 730.5, subsection 7, paragraph f, Code
182023, is amended to read as follows:
19f. All confirmatory drug testing shall be conducted at a
20laboratory certified by the United States department of health
21and human services’ substance abuse and mental health services
22administration or approved under rules adopted by the Iowa
23 department of public health and human services.
24 Sec. 1361. Section 730.5, subsection 9, paragraph c,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) If an employer does not have an employee assistance
27program, the employer must maintain a resource file of alcohol
28and other drug abuse substance use disorder programs certified
29by the Iowa department of public health and human services,
30mental health providers, and other persons, entities, or
31organizations available to assist employees with personal or
32behavioral problems. The employer shall provide all employees
33information about the existence of the resource file and a
34summary of the information contained within the resource file.
35The summary should contain, but need not be limited to, all
-891-1information necessary to access the services listed in the
2resource file.
3 Sec. 1362. Section 730.5, subsection 9, paragraph g,
4subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
5to read as follows:
6Upon receipt of a confirmed positive alcohol test
7which indicates an alcohol concentration greater than the
8concentration level established by the employer pursuant to
9this section, and if the employer has at least fifty employees,
10and if the employee has been employed by the employer for
11at least twelve of the preceding eighteen months, and if
12rehabilitation is agreed upon by the employee, and if the
13employee has not previously violated the employer’s substance
14abuse use disorder prevention policy pursuant to this section,
15the written policy shall provide for the rehabilitation of the
16employee pursuant to subsection 10, paragraph “a”, subparagraph
17(1), and the apportionment of the costs of rehabilitation as
18provided by this paragraph “g”.
19 Sec. 1363. Section 730.5, subsection 9, paragraph h, Code
202023, is amended to read as follows:
21h. In order to conduct drug or alcohol testing under this
22section, an employer shall require supervisory personnel of
23the employer involved with drug or alcohol testing under this
24section to attend a minimum of two hours of initial training
25and to attend, on an annual basis thereafter, a minimum of one
26hour of subsequent training. The training shall include, but
27is not limited to, information concerning the recognition of
28evidence of employee alcohol and other drug abuse substance
29use disorder, the documentation and corroboration of employee
30alcohol and other drug abuse substance use disorder, and the
31referral of employees who abuse alcohol or other drugs with a
32substance use disorder to the employee assistance program or
33to the resource file maintained by the employer pursuant to
34paragraph “c”, subparagraph (2).
35 Sec. 1364. Section 730.5, subsection 11, paragraph d, Code
-892-12023, is amended to read as follows:
2d. Termination or suspension of any substance abuse use
3disorder prevention or testing program or policy.
4 Sec. 1365. Section 730.5, subsection 12, paragraph b,
5subparagraph (1), Code 2023, is amended to read as follows:
6(1) The employer discloses the test results to a person
7other than the employer, an authorized employee, agent, or
8representative of the employer, the tested employee or the
9tested applicant for employment, an authorized substance abuse
10 use disorder treatment program or employee assistance program,
11or an authorized agent or representative of the tested employee
12or applicant.
13 Sec. 1366. Section 730.5, subsection 13, paragraph d,
14subparagraph (1), subparagraph division (e), Code 2023, is
15amended to read as follows:
16(e) To a substance abuse use disorder evaluation or
17treatment facility or professional for the purpose of
18evaluation or treatment of the employee.
19 Sec. 1367. Section 730.5, subsection 16, Code 2023, is
20amended to read as follows:
2116. Reports. A laboratory doing business for an employer
22who conducts drug or alcohol tests pursuant to this section
23shall file an annual report with the Iowa department of public
24 health and human services by March 1 of each year concerning
25the number of drug or alcohol tests conducted on employees who
26work in this state pursuant to this section, and the number
27of positive and negative results of the tests, during the
28previous calendar year. In addition, the laboratory shall
29include in its annual report the specific basis for each test
30as authorized in subsection 8, the type of drug or drugs which
31were found in the positive drug tests, and all significant
32available demographic factors relating to the positive test
33pool.
34 Sec. 1368. Section 804.31, subsection 1, Code 2023, is
35amended to read as follows:
-893- 11. When a person is detained for questioning or arrested
2for an alleged violation of a law or ordinance and there is
3reason to believe that the person is deaf or hard-of-hearing,
4the peace officer making the arrest or taking the person
5into custody or any other officer detaining the person shall
6determine if the person is a deaf or hard-of-hearing person as
7defined in section 622B.1. If the officer so determines, the
8officer, at the earliest possible time and prior to commencing
9any custodial interrogation of the person, shall procure a
10qualified interpreter in accordance with section 622B.2 and the
11rules adopted by the supreme court under section 622B.1 unless
12the deaf or hard-of-hearing person knowingly, voluntarily,
13and intelligently waives the right to an interpreter in
14writing by executing a form prescribed by the department of
15health and human rights services and the Iowa county attorneys
16association. The interpreter shall interpret the officer’s
17warnings of constitutional rights and protections and all other
18warnings, statements, and questions spoken or written by any
19officer, attorney, or other person present and all statements
20and questions communicated in sign language by the deaf or
21hard-of-hearing person.
22 Sec. 1369. Section 811.2, subsection 1, paragraph b, Code
232023, is amended to read as follows:
24b. Any bailable defendant who is charged with unlawful
25possession, manufacture, delivery, or distribution of a
26controlled substance or other drug under chapter 124 and is
27ordered released shall be required, as a condition of that
28release, to submit to a substance abuse use disorder evaluation
29and follow any recommendations proposed in the evaluation for
30appropriate substance abuse use disorder treatment. However,
31if a bailable defendant is charged with manufacture, delivery,
32possession with the intent to manufacture or deliver, or
33distribution of methamphetamine, its salts, optical isomers,
34and salts of its optical isomers, the defendant shall, in
35addition to a substance abuse use disorder evaluation, remain
-894-1under supervision and be required to undergo random drug tests
2as a condition of release.
3 Sec. 1370. Section 812.6, subsection 2, paragraph b, Code
42023, is amended to read as follows:
5b. A defendant who does not pose a danger to the public
6peace or safety, but is otherwise being held in custody, or
7who refuses to cooperate with treatment, shall be committed to
8the custody of the director of health and human services at a
9department of health and human services facility for treatment
10designed to restore the defendant to competency. The costs of
11the treatment pursuant to this paragraph shall be borne by the
12department of health and human services.
13 Sec. 1371. Section 901.3, subsection 1, paragraph h, Code
142023, is amended to read as follows:
15h. Whether the defendant has a history of mental health
16issues or a substance abuse problems use disorder. If so, the
17investigator shall inquire into the treatment options available
18in both the community of the defendant and the correctional
19system.
20 Sec. 1372. Section 901.3, subsection 2, Code 2023, is
21amended to read as follows:
222. All local and state mental and correctional
23institutions, courts, and police agencies shall furnish to the
24investigator on request the defendant’s criminal record and
25other relevant information. The originating source of specific
26mental health or substance abuse use disorder information
27including the histories, treatment, and use of medications
28shall not be released to the presentence investigator unless
29the defendant authorizes the release of such information.
30If the defendant refuses to release the information, the
31presentence investigator may note the defendant’s refusal
32to release mental health or substance abuse use disorder
33 information in the presentence investigation report and rely
34upon other mental health or substance abuse use disorder
35 information available to the presentence investigator.
-895-1With the approval of the court, a physical examination or
2psychiatric evaluation of the defendant may be ordered, or
3the defendant may be committed to an inpatient or outpatient
4psychiatric facility for an evaluation of the defendant’s
5personality and mental health. The results of any such
6examination or evaluation shall be included in the report of
7the investigator.
8 Sec. 1373. Section 901.4, Code 2023, is amended to read as
9follows:
10901.4 Presentence investigation report confidential —
11access.
12The presentence investigation report is confidential and the
13court shall provide safeguards to ensure its confidentiality,
14including but not limited to sealing the report, which may
15be opened only by further court order. The defendant’s
16attorney and the attorney for the state shall have access to
17the presentence investigation report at least three days prior
18to the date set for sentencing. The defendant’s appellate
19attorney and the appellate attorney for the state shall have
20access to the presentence investigation report upon request
21and without the necessity of a court order. The report shall
22remain confidential except upon court order. However, the
23court may conceal the identity of the person who provided
24confidential information. The report of a medical examination
25or psychological or psychiatric evaluation shall be made
26available to the attorney for the state and to the defendant
27upon request. The reports are part of the record but shall
28be sealed and opened only on order of the court. If the
29defendant is committed to the custody of the Iowa department
30of corrections and is not a class “A” felon, an employee
31of the department, if authorized by the director of the
32department, an employee of a judicial district department
33of correctional services, if authorized by the director of
34the judicial district department of correctional services,
35and an employee of the board of parole, if authorized by the
-896-1chairperson or a member of the board of parole, shall have
2access to the presentence investigation report. Pursuant to
3section 904.602, the presentence investigation report may also
4be released by ordinary or electronic mail by the department of
5corrections or a judicial district department of correctional
6services to another jurisdiction for the purpose of providing
7interstate probation and parole compact or interstate compact
8for adult offender supervision services or evaluations, or
9to a substance abuse use disorder or mental health services
10provider when referring a defendant for services. The
11defendant or the defendant’s attorney may file with the
12presentence investigation report, a denial or refutation of the
13allegations, or both, contained in the report. The denial or
14refutation shall be included in the report.
15 Sec. 1374. Section 901.4A, Code 2023, is amended to read as
16follows:
17901.4A Substance abuse use disorder evaluation.
18Upon a plea of guilty, a verdict of guilty, or a special
19verdict upon which a judgment of conviction may be rendered,
20the court may order the defendant to submit to and complete
21a substance abuse use disorder evaluation, if the court
22determines that there is reason to believe that the defendant
23regularly abuses uses alcohol or other controlled substances
24and may be in need of treatment. An order made pursuant to this
25section may be made in addition to any other sentence or order
26of the court.
27 Sec. 1375. Section 901.5, subsection 8, Code 2023, is
28amended to read as follows:
298. The court may order the defendant to complete any
30treatment indicated by a substance abuse use disorder
31 evaluation ordered pursuant to section 901.4A or any other
32section.
33 Sec. 1376. Section 901B.1, subsection 1, paragraph c,
34subparagraph (5), Code 2023, is amended to read as follows:
35(5) A substance abuse use disorder treatment facility
-897-1as established and operated by the Iowa department of public
2 health and human services or the department of corrections.
3 Sec. 1377. Section 901B.1, subsection 3, paragraph c, Code
42023, is amended to read as follows:
5c. A copy of the program and plan shall be filed with
6the chief judge of the judicial district, the department of
7corrections, and the division of subunit of the department of
8health and human services responsible for criminal and juvenile
9justice planning of the department of human rights.
10 Sec. 1378. Section 904.108, subsection 1, paragraph d, Code
112023, is amended to read as follows:
12d. Establish and maintain acceptable standards of treatment,
13training, education, and rehabilitation in the various
14state penal and corrective institutions which shall include
15habilitative services and treatment for offenders with an
16intellectual disability. For the purposes of this paragraph,
17“habilitative services and treatment” means medical, mental
18health, social, educational, counseling, and other services
19which will assist a person with an intellectual disability
20to become self-reliant. However, the director may also
21provide rehabilitative treatment and services to other persons
22who require the services. The director shall identify all
23individuals entering the correctional system who are persons
24with an intellectual disability, as defined in section 4.1.
25Identification shall be made by a qualified professional in the
26area of intellectual disability. In assigning an offender with
27an intellectual disability, or an offender with an inadequately
28developed intelligence or with impaired mental abilities, to
29a correctional facility, the director shall consider both
30the program needs and the security needs of the offender.
31The director shall consult with the department of health
32and human services in providing habilitative services and
33treatment to offenders with mental illness or an intellectual
34disability. The director may enter into agreements with the
35department of health and human services to utilize mental
-898-1health institutions and share staff and resources for purposes
2of providing habilitative services and treatment, as well as
3providing other special needs programming. Any agreement to
4utilize mental health institutions and to share staff and
5resources shall provide that the costs of the habilitative
6services and treatment shall be paid from state funds. Not
7later than twenty days prior to entering into any agreement
8to utilize mental health institution staff and resources,
9other than the use of a building or facility, for purposes of
10providing habilitative services and treatment, as well as other
11special needs programming, the directors of the departments of
12corrections and health and human services shall each notify the
13chairpersons and ranking members of the joint appropriations
14subcommittees that last handled the appropriation for their
15respective departments of the pending agreement. Use of a
16building or facility shall require approval of the general
17assembly if the general assembly is in session or, if the
18general assembly is not in session, the legislative council
19may grant temporary authority, which shall be subject to final
20approval of the general assembly during the next succeeding
21legislative session.
22 Sec. 1379. Section 904.108, subsection 5, Code 2023, is
23amended to read as follows:
245. The director may obtain assistance for the department
25for construction, facility planning, and project accomplishment
26with the department of administrative services and by
27contracting under chapter 28E for data processing with the
28department of health and human services or the department of
29administrative services.
30 Sec. 1380. Section 904.201, subsection 3, paragraph a,
31subparagraph (1), Code 2023, is amended to read as follows:
32(1) Residents transferred from an institution under the
33jurisdiction of the department of health and human services or
34the Iowa department of corrections.
35 Sec. 1381. Section 904.302, unnumbered paragraph 1, Code
-899-12023, is amended to read as follows:
2The director may appoint a farm operations administrator
3for institutions under the control of the departments of
4corrections and health and human services. If appointed, the
5farm operations administrator, subject to the direction of the
6director shall do all of the following:
7 Sec. 1382. Section 904.302, subsections 1, 3, and 8, Code
82023, are amended to read as follows:
91. Manage and supervise all farming and nursery operations
10at institutions, farms and gardens of the departments of
11corrections and health and human services.
123. Develop an annual operations plan for crop and
13livestock production and utilization that will provide work
14experience and contribute to developing vocational skills of
15the institutions’ inmates and residents. The department of
16health and human services must approve the parts of the plan
17that affect farm operations on property of institutions having
18programs of the department of health and human services.
198. Pay property taxes levied against land leased by the
20department of corrections or department of health and human
21services as provided in section 427.1, subsection 1.
22 Sec. 1383. Section 904.503, Code 2023, is amended to read
23as follows:
24904.503 Transfers — persons with mental illness.
251. a. The director may transfer at the expense of the
26department an inmate of one institution to another institution
27under the director’s control if the director is satisfied that
28the transfer is in the best interests of the institutions or
29inmates.
30b. The director may transfer at the expense of the
31department an inmate under the director’s jurisdiction from any
32institution supervised by the director to another institution
33under the control of an administrator of a division of the
34department director of health and human services with the
35consent and approval of the administrator director of health
-900-1and human services and may transfer an inmate to any other
2institution for mental or physical examination or treatment
3retaining jurisdiction over the inmate when so transferred.
4c. If the juvenile court waives its jurisdiction over a
5child over thirteen and under eighteen years of age pursuant
6to section 232.45 so that the child may be prosecuted as an
7adult and if the child is convicted of a public offense in the
8district court and committed to the custody of the director
9under section 901.7, the director may request transfer of the
10child to the state training school under this section. If
11the administrator of a division of the department director of
12health and human services consents and approves the transfer,
13the child may be retained in temporary custody by the state
14training school until attaining the age of eighteen, at which
15time the child shall be returned to the custody of the director
16of the department of corrections to serve the remainder of
17the sentence imposed by the district court. If the child
18becomes a security risk or becomes a danger to other residents
19of the state training school at any time before reaching
20eighteen years of age, the administrator of the division of
21the department director of health and human services may
22immediately return the child to the custody of the director of
23the department of corrections to serve the remainder of the
24sentence.
252. When the director has cause to believe that an inmate
26in a state correctional institution is mentally ill, the
27Iowa department of corrections may cause the inmate to be
28transferred to the Iowa medical and classification center,
29or to another appropriate facility within the department,
30for examination, diagnosis, or treatment. The inmate shall
31be confined at that center or facility or a state hospital
32for persons with mental illness health institute until the
33expiration of the inmate’s sentence or until the inmate
34is pronounced in good mental health. If the inmate is
35pronounced in good mental health before the expiration of the
-901-1inmate’s sentence, the inmate shall be returned to the state
2correctional institution until the expiration of the inmate’s
3sentence.
43. When the director has reason to believe that a prisoner
5in a state correctional institution, whose sentence has
6expired, is mentally ill, the director shall cause examination
7to be made of the prisoner by competent physicians who shall
8certify to the director whether the prisoner is in good
9mental health or mentally ill. The director may make further
10investigation and if satisfied that the prisoner is mentally
11ill, the director may cause the prisoner to be transferred
12to one of the hospitals for persons with mental illness, or
13may order the prisoner to be confined in the Iowa medical and
14classification center.
15 Sec. 1384. Section 904.513, subsection 1, paragraph b,
16subparagraphs (2) and (3), Code 2023, are amended to read as
17follows:
18(2) Offenders convicted of violating chapter 321J,
19sentenced to the custody of the director, and awaiting
20placement in a community residential substance abuse use
21disorder treatment program for such offenders shall be placed
22in an institutional substance abuse use disorder program
23for such offenders within sixty days of admission to the
24institution or as soon as practical. When placing offenders
25convicted of violating chapter 321J in community residential
26substance abuse use disorder treatment programs for such
27offenders, the department shall give priority as appropriate
28to the placement of those offenders currently in institutional
29substance abuse use disorder programs for such offenders. The
30department shall work with each judicial district to enable
31such offenders to enter community residential substance abuse
32 use disorder treatment programs at a level comparable to their
33prior institutional program participation.
34(3) Assignment shall be for the purposes of risk
35management and substance abuse use disorder treatment and may
-902-1include education or work programs when the offender is not
2participating in other program components.
3 Sec. 1385. Section 904.513, subsection 3, Code 2023, is
4amended to read as follows:
53. The department shall adopt rules for the implementation
6of this section. The rules shall include the requirement
7that the treatment programs established pursuant to this
8chapter meet the licensure standards of the department of
9public health and human services under chapter 125. The rules
10shall also include provisions for the funding of the program
11by means of self-contribution by the offenders, insurance
12reimbursement on behalf of offenders, or other forms of
13funding, program structure, criteria for the evaluation of
14offenders and programs, and all other issues the director shall
15deem appropriate.
16 Sec. 1386. Section 904.514, subsection 1, Code 2023, is
17amended to read as follows:
181. A person committed to an institution under the control of
19the department who bites another person, who causes an exchange
20of bodily fluids with another person, or who causes any bodily
21secretion to be cast upon another person, shall submit to the
22withdrawal of a bodily specimen for testing to determine if the
23person is infected with a contagious infectious disease. The
24bodily specimen to be taken shall be determined by the staff
25physician of the institution. The specimen taken shall be
26sent to the state hygienic laboratory at the state university
27at Iowa City or some other laboratory approved by the Iowa
28 department of public health and human services. If a person
29to be tested pursuant to this section refuses to submit to the
30withdrawal of a bodily specimen, application may be made by the
31superintendent of the institution to the district court for an
32order compelling the person to submit to the withdrawal and,
33if infected, to available treatment. An order authorizing the
34withdrawal of a specimen for testing may be issued only by a
35district judge or district associate judge upon application by
-903-1the superintendent of the institution.
2 Sec. 1387. Section 904.706, subsections 3, 4, and 5, Code
32023, are amended to read as follows:
43. As used in this section, “department” means the Iowa
5 department of corrections and the Iowa department of health and
6 human services.
74. The farm operations administrator appointed under
8section 904.302 shall perform the functions described under
9section 904.302 for agricultural operations on property of the
10Iowa department of health and human services.
115. The Iowa department of health and human services shall
12enter into an agreement under chapter 28D with the Iowa
13department of corrections to implement this section.
14 Sec. 1388. Section 904.809, subsection 5, paragraph c,
15subparagraph (1), Code 2023, is amended to read as follows:
16(1) An amount which the inmate may be legally obligated to
17pay for the support of the inmate’s dependents, which shall
18be paid through the department of health and human services
19collection services center, and which shall include an amount
20for delinquent child support not to exceed fifty percent of net
21earnings.
22 Sec. 1389. Section 904.905, subsection 1, paragraph a, Code
232023, is amended to read as follows:
24a. An amount the inmate may be legally obligated to pay for
25the support of the inmate’s dependents, the amount of which
26shall be paid to the dependents through the department of
27health and human services office or unit serving the county or
28city in which the dependents reside.
29 Sec. 1390. Section 905.4, subsection 9, Code 2023, is
30amended to read as follows:
319. Arrange, by contract or on an alternative basis mutually
32acceptable, and with approval of the director of the Iowa
33department of corrections or that director’s designee for
34utilization of existing local treatment and service resources,
35including but not limited to employment, job training, general,
-904-1special, or remedial education; psychiatric and marriage
2counseling; and alcohol and drug abuse substance use disorder
3 treatment and counseling. It is the intent of this chapter
4that a district board shall approve the development and
5maintenance of such resources by its own staff only if the
6resources are otherwise unavailable to the district department
7within reasonable proximity to the community where these
8services are needed in connection with the community-based
9correctional program.
10 Sec. 1391. Section 905.12, subsection 1, paragraph a, Code
112023, is amended to read as follows:
12a. An amount the resident may be legally obligated to pay
13for the support of dependents, which shall be paid to the
14dependents directly or through the department of health and
15 human services office or unit serving the county in which the
16dependents reside. For the purpose of this paragraph, “legally
17obligated” means under a court order.
18 Sec. 1392. Section 905.15, subsection 2, Code 2023, is
19amended to read as follows:
202. A person under supervision of a district department, who
21assaults another person as defined in section 708.1, by biting,
22casting bodily fluids, or acting in a manner that results in
23the exchange of bodily fluids, shall submit to the withdrawal
24of a bodily specimen for testing to determine if the person
25is infected with a contagious infectious disease. The bodily
26specimen to be taken shall be determined by a physician. The
27specimen taken shall be sent to the state hygienic laboratory
28at the state university at Iowa City or some other laboratory
29approved by the department of public health and human services.
30If a person to be tested pursuant to this section refuses to
31submit to the withdrawal of a bodily specimen, application may
32be made by the director to the district court for an order
33compelling the person to submit to the withdrawal and, if
34infected, to available treatment. An order authorizing the
35withdrawal of a specimen for testing may be issued only by a
-905-1district judge or district associate judge upon application by
2the director.
3 Sec. 1393. Section 907.5, subsection 1, paragraph e, Code
42023, is amended to read as follows:
5e. The defendant’s mental health and substance abuse
6 use disorder history and treatment options available in the
7community and the correctional system.
8 Sec. 1394. Section 915.29, Code 2023, is amended to read as
9follows:
10915.29 Notification of victim of juvenile by department of
11health and human services.
121. The department of health and human services shall notify
13a registered victim regarding a juvenile adjudicated delinquent
14for a violent crime, committed to the custody of the department
15of health and human services, and placed at the state training
16school, of the following:
17a. The date on which the juvenile is expected to be
18temporarily released from the custody of the department of
19health and human services, and whether the juvenile is expected
20to return to the community where the registered victim resides.
21b. The juvenile’s escape from custody.
22c. The recommendation by the department to consider the
23juvenile for release or placement.
24d. The date on which the juvenile is expected to be released
25from a facility pursuant to a plan of placement.
262. The notification required pursuant to this section
27may occur through the automated victim notification system
28referred to in section 915.10A to the extent such information
29is available for dissemination through the system.
30 Sec. 1395. Section 915.35, subsection 4, Code 2023, is
31amended to read as follows:
324. a. A child protection assistance team involving the
33county attorney, law enforcement personnel, and personnel
34of the department of health and human services shall be
35established for each county by the county attorney. However,
-906-1by mutual agreement, two or more county attorneys may
2establish a single child protection assistance team to cover a
3multicounty area. A child protection assistance team, to the
4greatest extent possible, may be consulted in cases involving a
5forcible felony against a child who is less than age fourteen
6in which the suspected offender is the person responsible
7for the care of a child, as defined in section 232.68. A
8child protection assistance team may also be utilized in cases
9involving a violation of chapter 709 or 726 or other crime
10committed upon a victim as defined in subsection 1.
11b. A child protection assistance team may also consult
12with or include juvenile court officers, medical and mental
13health professionals, physicians or other hospital-based health
14professionals, court-appointed special advocates, guardians
15ad litem, and members of a multidisciplinary team created by
16the department of health and human services for child abuse
17investigations assessments. A child protection assistance
18team may work cooperatively with the early childhood Iowa area
19board established under chapter 256I. The child protection
20assistance team shall work with the department of health and
21 human services in accordance with section 232.71B, subsection
223, in developing the protocols for prioritizing the actions
23taken in response to child abuse assessments and for law
24enforcement agencies working jointly with the department at
25the local level in processes for child abuse assessments. The
26department of justice may provide training and other assistance
27to support the activities of a child protection assistance
28team.
29 Sec. 1396. Section 915.37, subsection 2, Code 2023, is
30amended to read as follows:
312. References in this section to a guardian ad litem shall
32be interpreted to include references to a court appointed
33special advocate as defined in section 232.2, subsection 10.
34 Sec. 1397. Section 915.40, subsection 5, Code 2023, is
35amended to read as follows:
-907- 15. “Department” means the Iowa department of public health
2and human services.
3 Sec. 1398. Section 915.45, subsection 1, Code 2023, is
4amended to read as follows:
51. In addition to any other information required to be
6released under chapter 229A, prior to the discharge of a person
7committed under chapter 229A, the director of health and human
8services shall give written notice of the person’s discharge
9to any living victim of the person’s activities or crime whose
10address is known to the director or, if the victim is deceased,
11to the victim’s family, if the family’s address is known.
12Failure to notify shall not be a reason for postponement of
13discharge. Nothing in this section shall create a cause of
14action against the state or an employee of the state acting
15within the scope of the employee’s employment as a result of
16the failure to notify pursuant to this action.
17 Sec. 1399. Section 915.46, subsection 4, paragraph b, Code
182023, is amended to read as follows:
19b. The sexual assault forensic examiner program shall
20provide didactic and clinical training opportunities consistent
21with the sexual assault forensic examiner education guidelines
22established by the international association of forensic
23nurses, in collaboration with the Iowa department of public
24 health and human services and the Iowa coalition against sexual
25assault, in sufficient numbers and geographical locations
26across the state to assist treatment facilities with training
27sexual assault examiners and sexual assault nurse examiners.
28 Sec. 1400. Section 915.46, subsections 5 and 6, Code 2023,
29are amended to read as follows:
305. The sexual assault forensic examiner program, in
31collaboration with qualified medical providers, the Iowa
32 department of public health and human services, and the
33Iowa coalition against sexual assault, shall create uniform
34materials that all treatment facilities and federally
35qualified health centers are required to provide to patients
-908-1and non-offending parents or legal guardians, if applicable,
2regarding medical forensic examination procedures, laws
3regarding consent relating to medical forensic services, and
4the benefits and risks of evidence collection, including
5recommended time frames for evidence collection pursuant
6to evidence-based research. These materials shall be made
7available on the department of justice’s internet site to all
8treatment facilities and federally qualified health centers.
96. The sexual assault forensic examiner program, in
10collaboration with qualified medical providers, the Iowa
11 department of public health and human services, and the Iowa
12coalition against sexual assault, shall create and update
13statewide sexual assault examiner and sexual assault nurse
14examiner protocols, shall provide technical assistance upon
15request to health care professionals, and shall provide
16expertise on best practices to health care professionals
17relating to sexual assault forensic examinations.
18 Sec. 1401. Section 915.46, subsection 7, paragraph b, Code
192023, is amended to read as follows:
20b. Members of the advisory committee shall include staff
21members of the department of justice managing the sexual
22assault forensic examiner program; representatives from the
23department of public health and human services as determined
24by the director to be appropriate, the Iowa coalition against
25sexual assault, the board of nursing, and other constituencies
26as determined by the department of justice with an interest in
27sexual assault forensic examinations; and the hospital medical
28staff person involved with emergency services pursuant to
29section 915.82.
30 Sec. 1402. Section 915.83, subsection 4, Code 2023, is
31amended to read as follows:
324. Request from the department of health and human services,
33the department of workforce development and its division of
34workers’ compensation, the department of public safety, the
35county sheriff departments, the municipal police departments,
-909-1the county attorneys, or other public authorities or agencies
2reasonable assistance or data necessary to administer the crime
3victim compensation program.
4 Sec. 1403. Section 915.84, subsections 4, 5, and 6, Code
52023, are amended to read as follows:
64. Notwithstanding subsection 3, a victim under the age of
7eighteen or dependent adult as defined in section 235B.2 who
8has been sexually abused or subjected to any other unlawful
9sexual conduct under chapter 709 or 726 or who has been
10the subject of a forcible felony is not required to report
11the crime to the local police department or county sheriff
12department to be eligible for compensation if the crime was
13allegedly committed upon a child by a person responsible for
14the care of a child, as defined in section 232.68, subsection
158, or upon a dependent adult by a caretaker as defined
16in section 235B.2, and was reported to an employee of the
17department of health and human services and the employee
18verifies the report to the department.
195. When immediate or short-term medical services or mental
20health services are provided to a victim under section 915.35,
21the department of health and human services shall file the
22claim for compensation as provided in subsection 4 for the
23victim.
246. When immediate or short-term medical services to a victim
25are provided pursuant to section 915.35 by a professional
26licensed or certified by the state to provide such services,
27the professional shall file the claim for compensation,
28unless the department of health and human services is required
29to file the claim under this section. The requirement to
30report the crime to the local police department or county
31sheriff department under subsection 3 does not apply to this
32subsection.
33 Sec. 1404. 2020 Iowa Acts, chapter 1064, section 16,
34subsection 1, paragraph d, subparagraph (1), is amended to read
35as follows:
-910- 1(1) Any debt, which is assigned to the department of health
2and human services, or which is owed to the department of
3health and human services for unpaid premiums under section
4249A.3, subsection 2, paragraph “a”, subparagraph (1), or
5which the child support recovery unit services is otherwise
6attempting to collect, or which the foster care recovery unit
7 services of the department of health and human services is
8attempting to collect on behalf of a child receiving foster
9care provided by the department of health and human services.
10 Sec. 1405. 2021 Iowa Acts, chapter 1098, section 92,
11subsection 1, is amended by striking the subsection.
12 Sec. 1406. REPEAL. Chapter 136, Code 2023, is repealed.
13 Sec. 1407. REPEAL. 2022 Iowa Acts, chapter 1098, section
1468, is repealed.
15 Sec. 1408. REPEAL. Sections 135.2, 135.3, 135.6, 135.7,
16135.8, 135.9, 135.10, 216A.2, 217.7, 217.9, 217.10, 217.15,
17217.16, 217.17, 218.19, 218.20, 218.40, 218.53, 218.54, 222.6,
18227.19, 231.22, and 234.2, Code 2023, are repealed.
19 Sec. 1409. CODE EDITOR DIRECTIVE. The Code editor is
20directed to do all of the following:
211. Make changes in the structure of any Code chapter
22including but not limited to chapter titles and subtitles to
23correspond with the changes made in this division of this
24Act in consultation with the department of health and human
25services.
262. Make changes in any Code sections amended or enacted
27by any other Act to correspond with the changes made in this
28division of this Act if there appears to be no doubt as to
29the proper method of making the changes and the changes would
30not be contrary to or inconsistent with the purposes of this
31division of this Act or any other Act.
323. Correct internal references in the Code and in enacted
33legislation as necessary due to the enactment of this Act.
34 Sec. 1410. CONTINGENT EFFECTIVE DATE. The following takes
35effect on the effective date of the rules adopted by the
-911-1department of revenue pursuant to chapter 17A implementing 2020
2Iowa Acts, chapter 1064, other than transitional rules:
3The section of this Act amending 2020 Iowa Acts, chapter
41064.
5DIVISION II
6DEPARTMENT OF ADMINISTRATIVE SERVICES
7LIBRARY SERVICES
8 Sec. 1411. NEW SECTION. 8A.204 State librarian.
91. The director shall appoint the state librarian who
10shall administer the duties of the department as it relates to
11library services.
122. The state librarian shall do all of the following:
13a. Organize, staff, and administer the department as it
14relates to library services so as to render the greatest
15benefit to libraries in the state.
16b. Submit a biennial report to the governor on the
17activities and an evaluation of the department as it relates to
18library services and its programs and policies.
19c. Control all library services-related property of the
20department. The state librarian may dispose of, through
21sale, conveyance, or exchange, any library materials that
22may be obsolete or worn out or that may no longer be needed
23or appropriate to the mission of the state library of Iowa.
24These materials may be sold by the state library directly or
25the library may sell the materials by consignment with an
26outside entity. A state library fund is created in the state
27treasury. Proceeds from the sale of the library materials
28shall be remitted to the treasurer of state and credited to the
29state library fund and shall be used for the purchase of books
30and other library materials. Notwithstanding section 8.33, any
31balance in the fund on June 30 of any fiscal year shall not
32revert to the general fund of the state.
33d. Perform other duties as assigned by the director or as
34imposed by law.
35 Sec. 1412. Section 256.1, subsection 4, Code 2023, is
-912-1amended by striking the subsection.
2 Sec. 1413. Section 256.7, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4Except for the college student aid commission, the
5commission of libraries and division of library services, and
6the public broadcasting board and division, the state board
7shall:
8 Sec. 1414. Section 256.7, subsection 17, Code 2023, is
9amended by striking the subsection.
10 Sec. 1415. Section 256.9, unnumbered paragraph 1, Code
112023, is amended to read as follows:
12Except for the college student aid commission, the
13commission of libraries and division of library services, and
14the public broadcasting board and division, the director shall:
15 Sec. 1416. Section 256.50, subsection 2, Code 2023, is
16amended by striking the subsection.
17 Sec. 1417. Section 256.51, subsection 1, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19The division of library services is attached to the
20department of education for administrative purposes. The state
21librarian shall be responsible for the division’s budgeting
22and related management functions in accordance with section
23256.52, subsection 3. The division department, as it relates
24to library services, shall do all of the following:
25 Sec. 1418. Section 256.51, subsection 1, paragraph e, Code
262023, is amended to read as follows:
27e. Develop and approve, in consultation with the area
28education agency media centers and the commission, a biennial
29unified plan of service and service delivery for the division
30of library services department.
31 Sec. 1419. Section 256.51, subsection 1, Code 2023, is
32amended by adding the following new paragraph:
33 NEW PARAGRAPH. m. Provide for the improvement of library
34services to all Iowa citizens and foster development and
35cooperation among libraries.
-913-1 Sec. 1420. Section 256.51, subsection 2, Code 2023, is
2amended to read as follows:
32. The division department, as it relates to library
4services, may do all of the following:
5a. Enter into interstate library compacts on behalf of
6the state of Iowa with any state which legally joins in the
7compacts as provided in section 256.70.
8b. Receive and expend money for providing programs and
9services. The division department may receive, accept, and
10administer any moneys appropriated or granted to it, separate
11from the general library fund, by the federal government or by
12any other public or private agency.
13c. Accept gifts, contributions, bequests, endowments,
14or other moneys, including but not limited to the Westgate
15endowment fund, for any or all purposes of the division
16 department as it relates to library services. Interest earned
17on moneys accepted under this paragraph shall be credited to
18the fund or funds to which the gifts, contributions, bequests,
19endowments, or other moneys have been deposited, and is
20available for any or all purposes of the division department as
21it relates to library services. The division department shall
22report annually to the commission and the general assembly
23regarding the gifts, contributions, bequests, endowments,
24or other moneys accepted pursuant to this paragraph and the
25interest earned on them.
26 Sec. 1421. Section 256.52, subsection 1, paragraph a,
27unnumbered paragraph 1, Code 2023, is amended to read as
28follows:
29The state commission of libraries consists of one member
30appointed by the supreme court, the director of the department
31of education, or the director’s designee, the director, and the
32following seven members who shall be appointed by the governor
33to serve four-year terms beginning and ending as provided in
34section 69.19.
35 Sec. 1422. Section 256.52, subsection 2, Code 2023, is
-914-1amended to read as follows:
22. The commission shall elect one of its members as
3chairperson. The commission shall meet at the time and place
4specified by call of the chairperson. Five Six members are a
5quorum for the transaction of business.
6 Sec. 1423. Section 256.52, subsection 3, Code 2023, is
7amended by striking the subsection.
8 Sec. 1424. Section 256.52, subsection 4, Code 2023, is
9amended to read as follows:
104. The commission shall adopt rules under chapter 17A for
11carrying out the responsibilities of the division department as
12it relates to library services duties of the department.
13 Sec. 1425. Section 256.52, subsection 5, Code 2023, is
14amended by striking the subsection and inserting in lieu
15thereof the following:
165. Advise the department and the state librarian concerning
17the library services duties of the department.
18 Sec. 1426. Section 256.53, Code 2023, is amended to read as
19follows:
20256.53 State publications.
21Upon issuance of a state publication in any format, a
22state agency shall provide the division department with
23an electronic version of the publication at no cost to the
24division department.
25 Sec. 1427. Section 256.54, subsection 2, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27The law library shall be administered by a law librarian
28appointed by the state librarian subject to chapter 8A,
29 subchapter IV, who shall do all of the following:
30 Sec. 1428. Section 256.55, unnumbered paragraph 1, Code
312023, is amended to read as follows:
32A state data center is established in the division
33 department. The state data center shall be administered by
34the state data center coordinator, who shall do all of the
35following:
-915-1 Sec. 1429. Section 256.55, subsection 3, Code 2023, is
2amended to read as follows:
33. Perform other duties imposed by law or prescribed by the
4commission department.
5 Sec. 1430. Section 256.57, Code 2023, is amended to read as
6follows:
7256.57 Enrich Iowa program.
81. An enrich Iowa program is established in the division
9 department to provide direct state assistance to public
10libraries, to support the open access and access plus programs,
11to provide public libraries with an incentive to improve
12library services that are in compliance with performance
13measures, and to reduce inequities among communities in the
14delivery of library services based on performance measures
15adopted by rule by the commission. The commission shall
16adopt rules governing the allocation of funds appropriated by
17the general assembly for purposes of this section to provide
18direct state assistance to eligible public libraries. A public
19library is eligible for funds under this chapter subchapter if
20it is in compliance with the commission’s performance measures.
212. The amount of direct state assistance distributed to each
22eligible public library shall be based on the following:
23a. The level of compliance by the eligible public library
24with the performance measures adopted by the commission as
25provided in this section.
26b. The number of people residing within an eligible
27library’s geographic service area for whom the library provides
28services.
29c. The amount of other funding the eligible public library
30received in the previous fiscal year for providing services to
31rural residents and to contracting communities.
323. Moneys received by a public library pursuant to this
33section shall supplement, not supplant, any other funding
34received by the library.
354. For purposes of this section, “eligible public library”
-916-1means a public library that meets all of the following
2requirements:
3a. Submits to the division department all of the following:
4(1) The report provided for under section 256.51,
5subsection 1, paragraph “h”.
6(2) An application and accreditation report, in a format
7approved by the commission department, that provides evidence
8of the library’s compliance with at least one level of the
9standards established in accordance with section 256.51,
10subsection 1, paragraph “k”.
11(3) Any other application or report the division department
12 deems necessary for the implementation of the enrich Iowa
13program.
14b. Participates in the library resource and information
15sharing programs established by the state library.
16c. Is a public library established by city ordinance or a
17library district as provided in chapter 336.
185. Each eligible public library shall maintain a
19separate listing within its budget for payments received and
20expenditures made pursuant to this section, and shall annually
21submit this listing to the division department.
226. By January 15, annually, the division department shall
23submit a program evaluation report to the general assembly
24and the governor detailing the uses and the impacts of funds
25allocated under this section.
267. A public library that receives funds in accordance with
27this section shall have an internet use policy in place, which
28may or may not include internet filtering. The library shall
29submit a report describing the library’s internet use efforts
30to the division department.
318. A public library that receives funds in accordance
32with this section shall provide open access, the reciprocal
33borrowing program, as a service to its patrons, at a
34reimbursement rate determined by the state library.
359. Funds appropriated for purposes of this section shall not
-917-1be used by the division department for administrative purposes.
2 Sec. 1431. Section 256.58, Code 2023, is amended to read as
3follows:
4256.58 Library support network.
51. A library support network is established in the division
6 department to offer services and programs for libraries,
7including but not limited to individualized, locally delivered
8consulting and training, and to facilitate resource sharing and
9innovation through the use of technology, administer enrich
10Iowa programs, advocate for libraries, promote excellence
11and innovation in library services, encourage governmental
12subdivisions to provide local financial support for local
13libraries, and ensure the consistent availability of quality
14service to all libraries throughout the state, regardless of
15location or size.
162. The organizational structure to deliver library support
17network services shall include district offices. The district
18offices shall serve as a basis for providing field services
19to local libraries in the counties comprising the district.
20The division department shall determine which counties are
21served by each district office. The number of district offices
22established to provide services pursuant to this section shall
23be six.
24 Sec. 1432. Section 256.59, Code 2023, is amended to read as
25follows:
26256.59 Specialized library services.
27The specialized library services unit is established in
28the division department to provide information services to
29the three branches of state government and to offer focused
30information services to the general public in the areas of Iowa
31law, Iowa state documents, and Iowa history and culture.
32 Sec. 1433. Section 256.62, subsections 1, 3, and 4, Code
332023, are amended to read as follows:
341. The state librarian shall convene a library services
35advisory panel to advise and recommend to the commission and
-918-1the division department evidence-based best practices, to
2assist the commission and division department to determine
3service priorities and launch programs, articulate the needs
4and interests of Iowa librarians, and share research and
5professional development information.
63. The library services advisory panel shall meet at least
7twice annually and shall submit its recommendations in a report
8to the commission department and the state librarian at least
9once annually. The report shall be timely submitted to allow
10for consideration of the recommendations prior to program
11planning and budgeting for the following fiscal year.
124. Members of the library services advisory panel shall
13receive actual and necessary expenses incurred in the
14performance of their duties. Expenses shall be paid from funds
15appropriated to the department for purposes of the division.
16 Sec. 1434. Section 256.70, unnumbered paragraph 1, Code
172023, is amended to read as follows:
18The division of library services of the department of
19education is hereby authorized to enter into interstate
20library compacts on behalf of the state of Iowa with any state
21bordering on Iowa which legally joins therein in substantially
22the following form and the contracting states agree that:
23 Sec. 1435. Section 256.71, Code 2023, is amended to read as
24follows:
25256.71 Administrator.
26The administrator of the division of library services state
27librarian shall be the compact administrator. The compact
28administrator shall receive copies of all agreements entered
29into by the state or its political subdivisions and other
30states or political subdivisions; consult with, advise and aid
31such governmental units in the formulation of such agreements;
32make such recommendations to the governor, legislature,
33governmental agencies and units as the administrator deems
34desirable to effectuate the purposes of this compact and
35consult and cooperate with the compact administrators of other
-919-1party states.
2 Sec. 1436. CODE EDITOR DIRECTIVE — LIBRARY SERVICES.
31. The Code editor is directed to make the following
4transfers:
5a. Section 256.50 to section 8A.201.
6b. Section 256.51 to section 8A.202.
7c. Section 256.52 to section 8A.203.
8d. Section 256.53 to section 8A.205.
9e. Section 256.54 to section 8A.206.
10f. Section 256.55 to section 8A.207.
11g. Section 256.56 to section 8A.208.
12h. Section 256.57 to section 8A.209.
13i. Section 256.58 to section 8A.210.
14j. Section 256.59 to section 8A.211.
15k. Section 256.62 to section 8A.221.
16l. Section 256.69 to section 8A.222.
17m. Section 256.70 to section 8A.231.
18n. Section 256.71 to section 8A.232.
19o. Section 256.72 to section 8A.233.
20p. Section 256.73 to section 8A.234.
212. The Code editor is directed to rename subchapter II and
22designate parts in chapter 8A as follows:
23a. Subchapter II shall be entitled “Library Services” and
24include sections 8A.201 through 8A.234.
25b. Subchapter II, part 1, shall be entitled “General
26Provisions” and include sections 8A.201 through 8A.211.
27c. Subchapter II, part 2, shall be entitled “Library
28Services Advisory Panel and Local Financial Support” and
29include sections 8A.221 through 8A.222.
30d. Subchapter II, new part 3, shall be entitled “Library
31Compact” and include sections 8A.231 through 8A.234.
323. The Code editor may modify subchapter and part titles if
33necessary and is directed to correct internal references in the
34Code as necessary due to enactment of this section.
35STATE RECORDS AND ARCHIVES
-920-1 Sec. 1437. Section 163.37, subsection 3, Code 2023, is
2amended to read as follows:
33. Such records shall be maintained for a length of time as
4required by and pursuant to chapter 305 8A, subchapter VI, and
5at the point of concentration and shall be made available for
6inspection by the department at reasonable times.
7 Sec. 1438. Section 305.1, Code 2023, is amended to read as
8follows:
9305.1 Citation.
10This chapter subchapter shall be known and may be cited as
11the “State Archives and Records Act”.
12 Sec. 1439. Section 305.2, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14As used in this chapter subchapter, unless the context
15otherwise requires:
16 Sec. 1440. Section 305.3, subsection 2, Code 2023, is
17amended by striking the subsection.
18 Sec. 1441. Section 305.3, subsection 8, Code 2023, is
19amended to read as follows:
208. The director of the department of administrative
21services.
22 Sec. 1442. Section 305.7, Code 2023, is amended to read as
23follows:
24305.7 Administration Commission administration.
25The department of cultural affairs, through the state
26archives and records program, is the primary agency responsible
27for providing administrative personnel and services for the
28commission.
29 Sec. 1443. Section 305.8, subsection 1, paragraphs e, f, and
30g, Code 2023, are amended to read as follows:
31e. Adopt and maintain an interagency records manual
32containing the rules governing records management, as well as
33records series retention and disposition schedules, guidelines,
34and other information relating to implementation of this
35chapter subchapter.
-921- 1f. Make recommendations, in consultation with the department
2of administrative services, to the governor and the general
3assembly for the continued reduction of printed reports
4throughout state government in a manner that protects the
5public’s right to access such reports.
6g. Provide advice, counsel, and services to the legislative,
7judicial, and executive branch agencies subject to this chapter
8 subchapter on the care and management of state government
9records.
10 Sec. 1444. Section 305.8, subsection 2, paragraph a, Code
112023, is amended to read as follows:
12a. Examine records in the possession, constructive
13possession, or control of state agencies to carry out the
14purposes of this chapter subchapter.
15 Sec. 1445. Section 305.9, subsection 1, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17The department of cultural affairs shall do all of the
18following as it relates to state records and archives:
19 Sec. 1446. Section 305.9, subsection 1, paragraphs a and j,
20Code 2023, are amended to read as follows:
21a. Provide Administer the state archives and records
22program and provide administrative support to the state records
23commission through the state archives and records program.
24j. Provide advice, counsel, and services to the legislative,
25judicial, and executive branch agencies subject to this chapter
26 subchapter on the care and management of state government
27records.
28 Sec. 1447. Section 305.9, subsection 1, paragraph l,
29subparagraph (2), Code 2023, is amended to read as follows:
30(2) Upon request, the state archivist shall make a certified
31copy of any record in the legal custody or in the physical
32custody of the state archivist, or a certified transcript of
33any record if reproduction is inappropriate because of legal or
34physical considerations. If a copy or transcript is properly
35authenticated, it has the same legal effect as though certified
-922-1by the officer from whose office it was transferred or by the
2secretary of state. The department of cultural affairs shall
3establish reasonable fees for certified copies or certified
4transcripts of records in the legal custody or physical custody
5of the state archivist.
6 Sec. 1448. Section 305.9, subsection 2, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8The department of cultural affairs may do any of the
9following as it relates to state records and archives:
10 Sec. 1449. Section 305.10, subsection 1, paragraphs d and j,
11Code 2023, are amended to read as follows:
12d. Comply with requests from the state records commission
13or the state archives and records program to examine records
14in the possession, constructive possession, or control of the
15agency in order to carry out the purposes of this chapter
16 subchapter.
17j. Provide for compliance with this chapter subchapter and
18the rules adopted by the state records commission.
19 Sec. 1450. Section 305.14, Code 2023, is amended to read as
20follows:
21305.14 Liability precluded.
22No member of the commission or head of an agency shall
23be held liable for damages or loss, or civil or criminal
24liability, because of the destruction of public records
25pursuant to the provisions of this chapter subchapter or any
26other law authorizing their destruction.
27 Sec. 1451. Section 305.15, Code 2023, is amended to read as
28follows:
29305.15 Exemptions — duties of state department of
30transportation and state board of regents.
31The state department of transportation and the agencies and
32institutions under the control of the state board of regents
33are exempt from the state records manual and the provisions
34of this chapter subchapter. However, the state department of
35transportation and the state board of regents shall adopt rules
-923-1pursuant to chapter 17A for their employees, agencies, and
2institutions that are consistent with the objectives of this
3chapter subchapter. The rules shall be approved by the state
4records commission.
5 Sec. 1452. Section 305.16, subsections 1 and 3, Code 2023,
6are amended to read as follows:
71. Membership. The board shall consist of nine members
8appointed by the governor for three-year staggered terms.
9Members shall be eligible for reappointment. The members shall
10have experience in a field of research or an activity that
11administers or makes extensive use of historical records. The
12majority of the members shall have professional qualifications
13and experience in the administration of government records,
14historical records, or archives. The administrator of the
15historical division of the department of cultural affairs
16 director shall serve as an ex officio member of the board.
173. Administration. The department of cultural affairs,
18through the state archives and records program, is the primary
19agency responsible for providing administrative personnel and
20services for the board.
21 Sec. 1453. CODE EDITOR DIRECTIVE — STATE RECORDS AND
22ARCHIVES.
231. The Code editor is directed to make the following
24transfers:
25a. Section 305.1 to section 8A.601.
26b. Section 305.2 to section 8A.602.
27c. Section 305.3 to section 8A.603.
28d. Section 305.4 to section 8A.604.
29e. Section 305.5 to section 8A.605.
30f. Section 305.6 to section 8A.606.
31g. Section 305.7 to section 8A.607.
32h. Section 305.8 to section 8A.608.
33i. Section 305.9 to section 8A.609.
34j. Section 305.10 to section 8A.610.
35k. Section 305.11 to section 8A.611.
-924- 1l. Section 305.12 to section 8A.612.
2m. Section 305.13 to section 8A.613.
3n. Section 305.14 to section 8A.614.
4o. Section 305.15 to section 8A.615.
5p. Section 305.16 to section 8A.616.
62.The Code editor is directed to create a new subchapter
7VI in chapter 8A as follows:Subchapter VI shall be entitled
8“State Records and Archives” and include sections 8A.601
9through 8A.616.
103. The Code editor may modify subchapter titles if necessary
11and is directed to correct internal references in the Code as
12necessary due to enactment of this section.
13Historical Resources
14 Sec. 1454. NEW SECTION. 8A.702 Departmental duties —
15historical resources.
16The duties of the department as it relates to the historical
17resources of the state shall include all of the following:
181. Develop a comprehensive, coordinated, and efficient
19policy to preserve, research, interpret, and promote to the
20public an awareness and understanding of local, state, and
21regional history.
222. Administer and care for historical sites under the
23authority of the department, and maintain collections within
24these buildings.
25a. Except for the state board of regents, a state agency
26which owns, manages, or administers a historical site must
27enter into an agreement with the department under chapter 28E
28to insure the proper management, maintenance, and development
29of the site.
30b. For the purposes of this section, “historical site”
31means any district, site, building, or structure listed on the
32national register of historic sites or identified as eligible
33for such status by the state historic preservation officer
34or that is identified according to established criteria by
35the state historic preservation officer as significant in
-925-1national, state, and local history, architecture, engineering,
2archaeology, or culture.
33. Encourage and assist local, county, and state
4organizations and museums devoted to historical purposes.
54. Develop standards and criteria for the acquisition of
6historic properties and for the preservation, restoration,
7maintenance, operation, and interpretation of properties under
8the jurisdiction of the department.
95. Implement tourism-related art and history projects as
10directed by the general assembly.
116. Encourage the use of volunteers throughout the
12department as it relates to the historical resources of
13the state, especially for purposes of restoring books and
14manuscripts.
157. Publish matters of historical value to the public.
168. Buy or receive by other means historical materials
17including but not limited to artifacts, art, books,
18manuscripts, and images. Such materials are not personal
19property under sections 8A.321 and 8A.324 and shall be
20received and cared for under the rules of the department. The
21department may sell or otherwise dispose of those materials
22according to the rules of the department and be credited for
23any revenues credited by the disposal less the costs incurred.
249. Administer the historical resource development program
25established in section 8A.712.
2610. Administer, preserve, and interpret the battle
27flag collection assembled by the state in consultation and
28coordination with the department of veterans affairs and the
29department of administrative services. A portion of the battle
30flag collection shall be on display at the state capitol and
31the state historical building at all times, unless on loan
32approved by the department of cultural affairs.
3311. Establish, maintain, and administer a digital
34collection of historical manuscripts, documents, records,
35reports, images, and artifacts and make the collection
-926-1available to the public through an online research center.
212. Perform such duties as required under chapter 305B.
3 Sec. 1455. Section 218.22, Code 2023, is amended to read as
4follows:
5218.22 Record privileged.
6Except with the consent of the administrator in charge
7of an institution, or on an order of a court of record, the
8record provided in section 218.21 shall be accessible only to
9the administrator of the division of the department of human
10services in control of such institution, the director of the
11department of human services and to assistants and proper
12clerks authorized by such administrator or the administrator’s
13director. The administrator of the division of such
14institution is authorized to permit the division of library
15services of the department of education and the historical
16division of the department of cultural affairs administrative
17services to copy or reproduce by any photographic, photostatic,
18microfilm, microcard or other process which accurately
19reproduces a durable medium for reproducing the original and
20to destroy in the manner described by law such records of
21residents designated in section 218.21.
22 Sec. 1456. Section 303.5, unnumbered paragraph 1, Code
232023, is amended to read as follows:
24The state historical society administrator director may:
25 Sec. 1457. Section 303.5, subsection 1, Code 2023, is
26amended to read as follows:
271. Make and sign any agreements and perform any acts which
28are necessary, desirable, or proper to carry out the purpose
29of the division department as it relates to the historical
30resources of the state.
31 Sec. 1458. Section 303.7, Code 2023, is amended by striking
32the section and inserting in lieu thereof the following:
33303.7 State historical society.
341. As used in this subchapter, “state historical society”
35means a membership organization of the department that is open
-927-1to members of the general public who are interested in the
2history of the state.
32. The state historical society board of trustees shall
4recommend to the director rules for membership of the general
5public in the state historical society, including rules
6relating to membership fees. Members shall be persons who
7indicate an interest in the history, progress, and development
8of the state and who pay the prescribed fee. The members
9of the state historical society may meet at least one time
10per year to further the understanding of the history of this
11state. The members of the society shall not determine policy
12for the department as it relates to the historical resources
13of the state but may advise the director and perform functions
14to stimulate interest in the history of this state among the
15general public. The society may perform other activities
16related to history which are not contrary to this subchapter.
173. Unless designated otherwise, an application for
18membership in the state historical society, or a gift, bequest,
19devise, endowment, or grant to the state historical society or
20the department as it relates to the historical resources of the
21state shall be presumed to be to or in the department.
224. Notwithstanding section 633.63, the board may enter into
23agreements authorizing nonprofit foundations acting solely for
24the support of the state historical society or the department
25to administer the membership program of the state historical
26society and funds of the state historical society or the
27department as it relates to the historical resources of the
28state.
29 Sec. 1459. Section 303.8, subsection 1, paragraphs b and c,
30Code 2023, are amended to read as follows:
31b. Make recommendations to the division administrator
32 director on historically related matters.
33c. Review and recommend to the director or the director’s
34designee policy decisions regarding the division department as
35it relates to the historical resources of the state.
-928-1 Sec. 1460. Section 303.8, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 3. The department may:
4a. By rule, establish advisory groups necessary for the
5receipt of federal funds or grants or the administration of
6any of the department’s programs relating to the historical
7resources of the state.
8b. Develop and implement fee-based educational programming
9opportunities, including preschool programs, related to arts,
10history, and other cultural matters for Iowans of all ages.
11 Sec. 1461. Section 303.9, subsections 1 and 3, Code 2023,
12are amended to read as follows:
131. All funds received by the department relating to the
14historical resources of the state, including but not limited
15to gifts, endowments, funds from the sale of memberships in
16the state historical society, funds from the sale of mementos
17and other items relating to Iowa history as authorized under
18subsection 2, interest generated by the life membership
19trust fund, and fees, shall be credited to the account of
20the department and are appropriated to the department to
21be invested or used for programs and purposes under the
22authority of the department as it relates to the historical
23resources of the state. Interest earned on funds credited to
24the department, except funds appropriated to the department
25from the general fund of the state, shall be credited to the
26department. Section 8.33 does not apply to funds credited to
27the department under this section.
283. Notwithstanding section 633.63, the state historical
29society board of trustees may authorize nonprofit foundations
30acting solely for the support of the state historical society
31of Iowa department as it relates to the historical resources of
32the state to accept and administer trusts deemed by the board
33to be beneficial to the division’s department’s operations
34under this subchapter. The board and the foundation may act
35as trustees in such instances.
-929-1 Sec. 1462. Section 303.9A, Code 2023, is amended to read as
2follows:
3303.9A Iowa heritage fund.
41. An Iowa heritage fund is created in the state treasury
5to be administered by the state historical society department.
6The fund shall consist of all moneys allocated to the fund by
7the treasurer of state.
82. Moneys in the fund shall be used in accordance with the
9following:
10a. Ninety percent shall be retained by the state historical
11society department and used to maintain and expand Iowa’s
12history curriculum, to provide teacher training in Iowa
13history, and to support museum exhibits, historic sites, and
14adult education programs.
15b. Five percent shall be retained by the state historical
16society department to be used for start-up costs for the one
17hundred seventy-fifth and two hundredth anniversaries of Iowa
18statehood.
19c. Five percent shall be retained by the state historical
20society department to be used for the promotion of the sale
21of the Iowa heritage registration plate issued under section
22321.34.
23 Sec. 1463. Section 303.10, Code 2023, is amended to read as
24follows:
25303.10 Acceptance and use of money grants.
26All federal grants to and the federal receipts of the
27agencies receiving funds under this chapter subchapter are
28appropriated for the purpose set forth in the federal grants
29or receipts.
30 Sec. 1464. Section 303.11, Code 2023, is amended to read as
31follows:
32303.11 Gifts.
331. The division department may accept gifts and bequests
34which shall be used in accordance with the desires of the donor
35if expressed. Funds contained in an endowment fund for either
-930-1the department of history and archives or the state historical
2society existing on July 1, 1974, remain an endowment of the
3division department. Gifts shall be accepted only on behalf
4of the division department, and gifts to a part, branch, or
5section of the division department are presumed to be gifts to
6the division department.
72. If publication of a book is financed by the endowment
8fund, this chapter subchapter does not prevent the return of
9moneys from sales of the book to the endowment fund.
10 Sec. 1465. Section 303.16, subsections 1 and 2, Code 2023,
11are amended to read as follows:
121. The historical division department shall administer a
13program of grants and loans for historical resource development
14throughout the state, subject to funds for such grants and
15loans being made available through the appropriations process
16or otherwise provided by law.
172. The purpose of the historical resource development
18program is to preserve, conserve, interpret, and enhance
19historical resources that will encourage and support the
20economic and cultural health and development of the state and
21the communities in which the resources are located. For this
22purpose, the division department may make grants and loans as
23otherwise provided by law with funds as may be made available
24by applicable law.
25 Sec. 1466. Section 303.16, subsection 6, paragraphs b, f,
26and g, Code 2023, are amended to read as follows:
27b. A portion of the applicant’s operating expenses may
28be used as a cash match or in-kind match as specified by the
29division’s department’s rules.
30f. Grants under this program may be given only after review
31and recommendation by the state historical society board of
32trustees. The division department may contract with lending
33institutions chartered in this state to act as agents for the
34administration of loans under the program, in which case, the
35lending institution may have the right of final approval of
-931-1loans, subject to the division’s department’s administrative
2rules. If the division department does not contract with
3a lending institution, loans may be made only after review
4and recommendation by the state historical society board of
5trustees.
6g. The division department shall not award grants or loans
7to be used for goods or services obtained outside the state,
8unless the proposed recipient demonstrates that it is neither
9feasible nor prudent to obtain the goods or services within the
10state.
11 Sec. 1467. Section 303.16, subsections 8 and 9, Code 2023,
12are amended to read as follows:
138. The division department may use ten percent of the annual
14appropriation allocation to the division historical resource
15grant and loan fund established in this section pursuant
16to section 455A.19, but in no event more than seventy-five
17thousand dollars, for administration of the grant and loan
18program.
199. a. (1) The division department may establish a
20historical resource grant and loan fund composed of any
21money appropriated by the general assembly for that purpose,
22funds allocated pursuant to section 455A.19, and of any other
23moneys available to and obtained or accepted by the division
24 department from the federal government or private sources for
25placement in that fund. Each loan made under this section
26shall be for a period not to exceed ten years, shall bear
27interest at a rate determined by the state historical board,
28and shall be repayable to the revolving loan fund in equal
29yearly installments due March 1 of each year the loan is in
30effect. The interest rate upon loans for which payment is
31delinquent shall accelerate immediately to the current legal
32usury limit. Applicants are eligible for not more than one
33hundred thousand dollars in loans outstanding at any time under
34this program. A single lending institution contracting with
35the division department pursuant to this section shall not hold
-932-1more than five hundred thousand dollars worth of outstanding
2loans under the program.
3(2) Any applicant, who is otherwise eligible, who receives
4a direct or indirect appropriation from the general assembly
5for a project or portion of a project is ineligible for a
6historical resources development grant for that same project
7during the fiscal year for which the appropriation is made.
8For purposes of this paragraph, “project” includes any related
9activities, including but not limited to construction,
10restoration, supplies, equipment, consulting, or other
11services.
12b. The division department may:
13(1) Contract and adopt administrative rules necessary to
14carry out the provisions of this section, but the division
15 department shall not in any manner directly or indirectly
16pledge the credit of the state of Iowa.
17(2) Authorize payment from the historical resource grant
18and loan fund, from fees and from any income received by
19investments of money in the fund for costs, commissions,
20attorney fees and other reasonable expenses related to
21and necessary for making and protecting direct loans under
22this section, and for the recovery of moneys loaned or the
23management of property acquired in connection with such loans.
24 Sec. 1468. Section 303.16, subsection 10, paragraph b, Code
252023, is amended to read as follows:
26b. A country schools historical resource preservation
27grant program is therefore established to be administered by
28the historical division department for the preservation of
29one-room and two-room buildings once used as country schools.
30In developing grant approval criteria, the division department
31 shall place a priority on the educational uses planned for the
32country school building, which may include, but are not limited
33to, historical interpretation and use as a teaching museum or
34as an operational classroom accessible to a school district
35or accredited nonpublic school for provisional instructional
-933-1purposes.
2 Sec. 1469. Section 305B.5, Code 2023, is amended to read as
3follows:
4305B.5 Notice of injury or loss.
5A museum shall give a lender or claimant prompt notice of
6any known injury to or loss of property on loan on a form for
7notice of injury loss adopted by rule by the department of
8administrative services. The department of cultural affairs
9shall adopt by rule a form for notice of injury or loss, no
10later than January 1, 1989, and shall distribute the rule
11and form to all identified museums in Iowa within sixty days
12after adoption of the rule. The notice shall be mailed to the
13lender’s or claimant’s last known address in event of injury
14or loss of property on loan to the museum. Published notice of
15injury or loss of undocumented property shall not be required.
16 Sec. 1470. Section 305B.8, subsection 3, Code 2023, is
17amended to read as follows:
183. The department of cultural affairs administrative
19services shall adopt by rule a form for notice of intent to
20preserve an interest in property on loan to a museum. The
21form shall satisfy the requirements of subsection 1 and shall
22notify the claimant of the rights and procedures to preserve an
23interest in museum property. The form shall also facilitate
24recordkeeping and record retrieval by a museum. At a minimum
25the form shall provide a place for recording evidence of
26receipt of a notice by a museum, including the date of receipt,
27signature of the person receiving the notice, and the date on
28which a copy of the receipt is returned to the claimant.
29 Sec. 1471. Section 305B.11, subsection 2, Code 2023, is
30amended to read as follows:
312. The department of cultural affairs administrative
32services may by rule determine the minimum form and substance
33of recordkeeping by museums with regard to museum property to
34implement this chapter.
35 Sec. 1472. Section 321.34, subsection 25, paragraph b, Code
-934-12023, is amended to read as follows:
2b. An owner referred to in subsection 12, upon written
3application to the department, may order special registration
4plates with a civil war sesquicentennial processed emblem. The
5special plate fees collected by the director under subsection
612, paragraphs “a” and “c”, from the issuance and annual
7validation of letter-number designated and personalized civil
8war sesquicentennial plates shall be paid monthly to the
9treasurer of state and deposited in the road use tax fund. The
10treasurer of state shall transfer monthly from the statutory
11allocations fund created under section 321.145, subsection 2,
12to the department of cultural affairs administrative services
13 the amount of the special fees collected under subsection
1412, paragraph “a”, in the previous month for civil war
15sesquicentennial plates, and such funds are appropriated to the
16department of cultural affairs administrative services to be
17used for the Iowa battle flag project.
18 Sec. 1473. Section 423.3, subsection 34, Code 2023, is
19amended to read as follows:
2034. The sales price from sales of mementos and other items
21relating to Iowa history and historic sites by the department
22of cultural affairs administrative services on the premises of
23property under its control and at the state capitol.
24 Sec. 1474. Section 427.16, subsection 7, paragraph b, Code
252023, is amended to read as follows:
26b. A historical site as defined in section 303.2 8A.702.
27 Sec. 1475. Section 455A.19, subsection 1, paragraph f, Code
282023, is amended to read as follows:
29f. Five percent shall be allocated to the historical
30resource grant and loan fund established pursuant to section
31303.16. The department of cultural affairs administrative
32services shall use the moneys allocated to this fund to
33implement historical resource development programs as provided
34under section 303.16.
35 Sec. 1476. Section 904.601, subsection 1, Code 2023, is
-935-1amended to read as follows:
21. The director shall keep the following record
3of every person committed to any of the department’s
4institutions: Name, residence, sex, age, place of birth,
5occupation, civil condition, date of entrance or commitment,
6date of discharge, whether a discharge is final, condition of
7the person when discharged, the name of the institutions from
8which and to which the person has been transferred, and if the
9person is dead, the date and cause of death. The director may
10permit the division of library services of the department of
11education and the historical division of the department of
12cultural affairs administrative services to copy or reproduce
13by any photographic, photostatic, microfilm, microcard, or
14other process which accurately reproduces in a durable medium
15and to destroy in the manner described by law the records of
16inmates required by this paragraph.
17 Sec. 1477. 2012 Iowa Acts, chapter 1136, section 27,
18subsection 1, is amended to read as follows:
191. A battle flag restoration fund is created and established
20as a separate and distinct fund in the state treasury under the
21control of the department of cultural affairs administrative
22services. The moneys in the fund are appropriated to the
23department for purposes of continuing the project recommended
24by the Iowa battle flag advisory committee to stabilize the
25condition of the battle flag collection. Moneys in the fund
26shall not be subject to appropriation for any other purpose by
27the general assembly, but shall be used only for the purposes
28of the battle flag restoration fund.
29 Sec. 1478. CODE EDITOR DIRECTIVE — HISTORICAL RESOURCES.
301. The Code editor is directed to make the following
31transfers:
32a. Section 303.4 to section 8A.703.
33b. Section 303.5 to section 8A.704.
34c. Section 303.6 to section 8A.705.
35d. Section 303.7 to section 8A.706.
-936- 1e. Section 303.8 to section 8A.707.
2f. Section 303.9 to section 8A.708.
3g. Section 303.9A to section 8A.709.
4h. Section 303.10 to section 8A.710.
5i. Section 303.11 to section 8A.711.
6j. Section 303.16 to section 8A.712.
72.The Code editor is directed to create a new subchapter
8VII in chapter 8A as follows:Subchapter VII shall be entitled
9“Historical Resources” and include sections 8A.702 through
108A.712.
113. The Code editor may modify subchapter titles if necessary
12and is directed to correct internal references in the Code as
13necessary due to enactment of this section.
14DIVISION III
15DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING
16organization — general provisions
17 Sec. 1479. Section 7E.5, subsection 1, paragraphs d and h,
18Code 2023, are amended to read as follows:
19d. The department of inspections, and appeals, and
20licensing, created in section 10A.102, which has primary
21responsibility for licensing, administering the laws
22relating to employment safety, labor standards, and workers’
23compensation, and coordinating the conducting of various
24inspections, investigations, appeals, hearings, and audits.
25h. The department of workforce development, created
26in section 84A.1, which has primary responsibility for
27administering the laws relating to unemployment compensation
28insurance, job placement and training, employment safety, labor
29standards, workers’ compensation, and related matters.
30 Sec. 1480. Section 10A.101, subsections 2 and 3, Code 2023,
31are amended to read as follows:
322. “Department” means the department of inspections, and
33 appeals, and licensing.
343. “Director” means the director of inspections, and
35 appeals, and licensing.
-937-1 Sec. 1481. Section 10A.102, Code 2023, is amended to read
2as follows:
310A.102 Department established.
4The department of inspections, and appeals, and licensing is
5established. The director of the department shall be appointed
6by the governor to serve at the pleasure of the governor
7subject to confirmation by the senate no less frequently than
8every four years, whether or not there has been a new director
9appointed during that time. If the office becomes vacant, the
10vacancy shall be filled in the same manner as provided for the
11original appointment.
12 Sec. 1482. Section 10A.103, Code 2023, is amended to read
13as follows:
1410A.103 Purpose of the department.
15The department is created for the purpose of coordinating
16and conducting various audits, appeals, hearings, inspections,
17and investigations, and licensing activities related to the
18operations of the executive branch of state government, and
19administering the laws relating to employment safety, labor
20standards, and workers’ compensation.
21 Sec. 1483. Section 10A.104, subsections 2 and 5, Code 2023,
22are amended to read as follows:
232. Appoint the administrators of the divisions within
24the department and all other personnel deemed necessary for
25the administration of this chapter, except the state public
26defender, assistant state public defenders, administrator
27of the racing and gaming commission, labor commissioner,
28workers’ compensation commissioner, director of the Iowa
29state civil rights commission, and members of the employment
30appeal board, and administrator of the child advocacy board
31created in section 237.16. All persons appointed and employed
32in the department are covered by the provisions of chapter
338A, subchapter IV, but persons not appointed by the director
34are exempt from the merit system provisions of chapter 8A,
35subchapter IV.
-938- 15. Adopt Except for rules required or authorized by law
2to be adopted by another entity, adopt rules deemed necessary
3for the implementation and administration of this chapter in
4accordance with chapter 17A.
5 Sec. 1484. Section 10A.104, Code 2023, is amended by adding
6the following new subsections:
7 NEW SUBSECTION. 15. To adopt rules, in consultation with
8the state fire marshal, designating a fee to be assessed
9to each building, structure, or facility for which a fire
10safety inspection or plan review is required by law. The fee
11designated by rule shall be set in an amount that is reasonably
12related to the costs of conducting the applicable inspection
13or plan review. The fees collected shall be deposited in the
14general fund of the state.
15 NEW SUBSECTION. 16. Serve as the state building code
16commissioner pursuant to section 103A.4 and administer chapters
17101, 101A, 101B, 103, 103A, 104A, 104B, and 105.
18 NEW SUBSECTION. 17. Enforce the law relative to
19“Health-related Professions”, Title IV, subtitle 3, excluding
20chapter 147A.
21 NEW SUBSECTION. 18. Regulate and supervise real estate
22appraisers under chapter 543D and real estate appraisal
23management companies under chapter 543E.
24 Sec. 1485. Section 10A.106, Code 2023, is amended to read
25as follows:
2610A.106 Divisions of the department.
271. The department is comprised of the following divisions:
28a. Administrative administrative hearings division.
29b. Investigations, labor services division.
30c. Health facilities, workers’ compensation division, and
31other divisions as appropriate.
322. The allocation of departmental duties to the divisions of
33the department in sections 10A.402, 10A.702, sections 10A.202,
3410A.301, and 10A.801 does not prohibit the director from
35reallocating departmental duties within the department.
-939-1 Sec. 1486. Section 10A.108, subsections 8, 10, and 11, Code
22023, are amended to read as follows:
38. The department of inspections, and appeals, and
4licensing, as provided in this chapter and chapter 626,
5shall proceed to collect all debts owed the department of
6human services as soon as practicable after the debt becomes
7delinquent. If service has not been made on a distress warrant
8by the officer to whom addressed within five days from the
9date the distress warrant was received by the officer, the
10authorized investigators of the department of inspections, and
11 appeals, and licensing may serve and make return of the warrant
12to the clerk of the district court of the county named in the
13distress warrant, and all subsequent procedures shall be in
14compliance with chapter 626.
1510. The attorney general, upon the request of the director
16of inspections, and appeals, and licensing, shall bring an
17action, as the facts may justify, without bond, to enforce
18payment of any debts under this section, and in the action
19the attorney general shall have the assistance of the county
20attorney of the county in which the action is pending.
2111. The remedies of the state shall be cumulative and no
22action taken by the director of inspections, and appeals, and
23licensing or attorney general shall be construed to be an
24election on the part of the state or any of its officers to
25pursue any remedy to the exclusion of any other remedy provided
26by law.
27 Sec. 1487. NEW SECTION. 10A.109 Statutory board,
28commission, committee, or council — teleconference option.
29Any statutorily established board, commission, committee,
30or council established under the purview of the department
31relative to “Health-related Professions”, Title IV, subtitle
323, excluding chapter 147A, shall provide for a teleconference
33option for board, commission, committee, or council members to
34participate in official meetings.
35 Sec. 1488. Section 10A.402, unnumbered paragraph 1, Code
-940-12023, is amended to read as follows:
2The administrator director shall coordinate the division’s
3 department’s conduct of various audits and investigations as
4provided by law including but not limited to the following:
5 Sec. 1489. Section 10A.403, Code 2023, is amended to read
6as follows:
710A.403 Investigators — peace officer status.
8Investigators of the division department shall have the
9powers and authority of peace officers when acting within the
10scope of their responsibilities to conduct investigations as
11specified in section 10A.402, subsection 5. An investigator
12shall not carry a weapon to perform responsibilities as
13described in this section.
14 Sec. 1490. Section 10A.601, subsection 1, Code 2023, is
15amended to read as follows:
161. A full-time employment appeal board is created within the
17department of inspections, and appeals, and licensing, to hear
18and decide contested cases under chapter 8A, subchapter IV, and
19chapters 80, 88, 91C, 96, and 97B.
20 Sec. 1491. Section 10A.702, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22The administrator director shall coordinate the division’s
23 department’s conduct of various inspections and investigations
24as otherwise provided by law including, but not limited to, all
25of the following:
26 Sec. 1492. Section 10A.702, subsection 2, Code 2023, is
27amended to read as follows:
282. Inspections and other licensing procedures relative to
29the hospice program, hospitals, and health care facilities.
30The division department is designated as the sole licensing
31authority for these programs and facilities.
32 Sec. 1493. Section 10A.801, subsection 1, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34For purposes of this article subchapter, unless the context
35otherwise requires:
-941-1 Sec. 1494. Section 10A.801, subsection 1, paragraph b, Code
22023, is amended to read as follows:
3b. “Division” means the administrative hearings division of
4the department of inspections, and appeals, and licensing.
5 Sec. 1495. Section 84A.1, subsection 3, Code 2023, is
6amended to read as follows:
73. a. The director of the department of workforce
8development shall, subject to the requirements of section
984A.1B, prepare, administer, and control the budget of the
10department and its divisions and shall approve the employment
11of all personnel of the department and its divisions.
12b. The director of the department of workforce development
13shall direct the administrative and compliance functions and
14control the docket of the division of workers’ compensation.
15 Sec. 1496. Section 84A.5, subsections 4 and 5, Code 2023,
16are amended by striking the subsections.
17 Sec. 1497. REPEAL. Sections 10A.401 and 10A.701, Code 2023,
18are repealed.
19 Sec. 1498. CODE EDITOR DIRECTIVE.
201. The Code editor is directed to rename and retitle article
21I of chapter 10A as follows:
22Subchapter I GENERAL PROVISIONS
232. The Code editor is directed to rename and retitle article
24IV of chapter 10A as follows:
25Subchapter IV INVESTIGATIONS
263. The Code editor is directed to rename article VI of
27chapter 10A as subchapter VI.
284. The Code editor is directed to rename and retitle article
29VII of chapter 10A as follows:
30Subchapter VII HEALTH FACILITIES
315. The Code editor is directed to rename article VIII of
32chapter 10A as subchapter VIII.
336. The Code editor shall correct internal references in the
34Code and in any enacted legislation as necessary due to the
35enactment of this section.
-942-1LABOR SERVICES
2 Sec. 1499. NEW SECTION. 10A.200 Definitions.
3As used in this subchapter, unless the context otherwise
4requires:
51. “Commissioner” means the labor commissioner appointed
6pursuant to section 10A.203, or the commissioner’s designee.
72. “Division” means the division of labor services of the
8department of inspections, appeals, and licensing.
9 Sec. 1500. NEW SECTION. 10A.202 Labor services —
10responsibilities.
111. The division is responsible for the administration of
12the laws of this state under chapter 88 and sections 85.67A
13and 85.68, and such other duties assigned to the division
14or commissioner. The executive head of the division is the
15commissioner, appointed pursuant to section 10A.203.
162. The department is responsible for the administration
17of the laws of this state under chapters 88A, 88B, 89, 89A,
1889B, 90A, 91A, 91C, 91D, 91E, 92, and such other labor-services
19duties assigned to the department or director.
20 Sec. 1501. Section 73A.21, subsection 1, paragraphs a and b,
21Code 2023, are amended by striking the paragraphs.
22 Sec. 1502. Section 73A.21, subsections 5, 6, 8, and 9, Code
232023, are amended to read as follows:
245. The commissioner director and the division department
25 shall administer and enforce this section, and the commissioner
26 director shall adopt rules for the administration and
27enforcement of this section as provided in section 91.6
28 10A.104.
296. The commissioner director shall have the following
30powers and duties for the purposes of this section:
31a. The commissioner director may hold hearings and
32investigate charges of violations of this section.
33b. The commissioner director may, consistent with due
34process of law, enter any place of employment to inspect
35records concerning labor force residency, to question
-943-1an employer or employee, and to investigate such facts,
2conditions, or matters as are deemed appropriate in determining
3whether any person has violated the provisions of this section.
4The commissioner director shall only make such an entry in
5response to a written complaint.
6c. The commissioner director shall develop a written
7complaint form applicable to this section and make it available
8in division department offices and on the department of
9workforce development’s department’s internet site.
10d. The commissioner director may sue for injunctive relief
11against the awarding of a contract, the undertaking of a public
12improvement, or the continuation of a public improvement in
13response to a violation of this section.
14e. The commissioner director may investigate and ascertain
15the residency of a worker engaged in any public improvement in
16this state.
17f. The commissioner director may administer oaths, take
18or cause to be taken deposition of witnesses, and require
19by subpoena the attendance and testimony of witnesses and
20the production of all books, registers, payrolls, and other
21evidence relevant to a matter under investigation or hearing.
22g. The commissioner director may employ qualified personnel
23as are necessary for the enforcement of this section. Such
24personnel shall be employed pursuant to the merit system
25provisions of chapter 8A, subchapter IV.
26h. The commissioner director shall require a contractor or
27subcontractor to file, within ten days of receipt of a request,
28any records enumerated in subsection 7. If the contractor or
29subcontractor fails to provide the requested records within ten
30days, the commissioner director may direct, within fifteen days
31after the end of the ten-day period, the fiscal or financial
32office charged with the custody and disbursement of funds of
33the public body that contracted for construction of the public
34improvement or undertook the public improvement, to immediately
35withhold from payment to the contractor or subcontractor
-944-1up to twenty-five percent of the amount to be paid to the
2contractor or subcontractor under the terms of the contract
3or written instrument under which the public improvement is
4being performed. The amount withheld shall be immediately
5released upon receipt by the public body of a notice from
6the commissioner indicating that the request for records as
7required by this section has been satisfied.
88. Any person or entity that violates the provisions of
9this section is subject to a civil penalty in an amount not
10to exceed one thousand dollars for each violation found in
11a first investigation by the division department, not to
12exceed five thousand dollars for each violation found in a
13second investigation by the division department, and not to
14exceed fifteen thousand dollars for a third or subsequent
15violation found in any subsequent investigation by the division
16 department. Each violation of this section for each worker and
17for each day the violation continues constitutes a separate and
18distinct violation. In determining the amount of the penalty,
19the division department shall consider the appropriateness of
20the penalty to the person or entity charged, upon determination
21of the gravity of the violations. The collection of these
22penalties shall be enforced in a civil action brought by the
23attorney general on behalf of the division department.
249. A party seeking review of the division’s department’s
25 determination pursuant to this section may file a written
26request for an informal conference. The request must be
27received by the division department within fifteen days
28after the date of issuance of the division’s department’s
29 determination. During the conference, the party seeking
30review may present written or oral information and arguments
31as to why the division’s department’s determination should be
32amended or vacated. The division department shall consider
33the information and arguments presented and issue a written
34decision advising all parties of the outcome of the conference.
35 Sec. 1503. Section 91.2, Code 2023, is amended to read as
-945-1follows:
291.2 Appointment Labor commissioner — appointment.
3The governor shall appoint, subject to confirmation by the
4senate, a labor commissioner who shall serve for a period of
5six years beginning and ending as provided in section 69.19 at
6the pleasure of the governor. If the office becomes vacant,
7the vacancy shall be filled in the same manner as provided for
8the original appointment.
9 Sec. 1504. Section 91.4, Code 2023, is amended to read as
10follows:
1191.4 Duties and powers — labor services.
121. The duties of said the commissioner or director, as
13applicable, pursuant to this subchapter shall be as follows:
14a. To safely keep all records, papers, documents,
15correspondence, and other property pertaining to or coming into
16the commissioner’s or director’s hands by virtue of the office,
17and deliver the same to the commissioner’s or director’s
18 successor, except as otherwise provided.
19b. To collect, assort, and systematize statistical details
20relating to programs of the division of labor services or
21department under this subchapter.
22c. To issue from time to time bulletins containing
23information of importance to the industries of the state and
24to the safety of wage earners.
25d. To conduct and to cooperate with other interested persons
26and organizations in conducting educational programs and
27projects on employment safety.
28e. 2. To The commissioner shall serve as an ex officio
29member of the state fire service and emergency response council
30created in section 100B.1, or shall appoint a designee to serve
31as an ex officio member of such council, to assist the council
32in the development of rules relating to fire fighting training
33standards and any other issues relating to occupational safety
34and health standards for fire fighters.
352. 3. The director of the department of workforce
-946-1development, in consultation with the labor commissioner,
2shall, at the time provided by law, make an annual report to
3the governor setting forth in appropriate form the business and
4expense of the division of labor services and department under
5this subchapter for the preceding year, the number of remedial
6actions taken under chapter 89A, the number of disputes or
7violations processed by the division or department and the
8disposition of the disputes or violations, and other matters
9pertaining to the division or department under this subchapter
10 which are of public interest, together with recommendations for
11change or amendment of the laws in this chapter and chapters
1288, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, and
13 92, and 94A, and section sections 85.67A, and 85.68, and the
14recommendations, if any, shall be transmitted by the governor
15to the first general assembly in session after the report is
16filed.
173. 4. The commissioner or director, as applicable, with the
18assistance of the office of the attorney general if requested
19by the commissioner or director, may commence a civil action
20in any court of competent jurisdiction to enforce the statutes
21under the commissioner’s or director’s jurisdiction under this
22subchapter.
234. 5. The division of labor services or department, as
24applicable, may sell documents printed by the division or
25department as it relates to this subchapter at cost according
26to rules established by the labor commissioner or director
27 pursuant to chapter 17A. Receipts from the sale shall be
28deposited to the credit of the division department and may
29be used by the division for administrative expenses of the
30division and department under this subchapter.
315. 6. Except as provided in chapter 91A, the commissioner
32or director, as applicable, may recover interest, court costs,
33and any attorney fees incurred in recovering any amounts due
34under this subchapter. The recovery shall only take place
35after final agency action is taken under chapter 17A, or upon
-947-1judicial review, after final disposition of the case by the
2court. Attorney fees recovered in an action brought under
3the jurisdiction of the commissioner or director under this
4subchapter shall be deposited in the general fund of the state.
5The commissioner is and director are exempt from the payment of
6any filing fee or other court costs including but not limited
7to fees paid to county sheriffs.
86. 7. The commissioner or director may establish rules
9pursuant to chapter 17A to assess and collect interest on fees,
10penalties, and other amounts due the division or department,
11as applicable, under this subchapter. The commissioner or
12director may delay or, following written notice, deny the
13issuance of a license, commission, registration, certificate,
14or permit authorized under chapter 88A, 89, 89A, 90A, or
15 91C, or 94A if the applicant for the license, commission,
16registration, certificate, or permit owes a liquidated debt to
17the commissioner or director.
18 Sec. 1505. Section 91.5, Code 2023, is amended to read as
19follows:
2091.5 Other duties — jurisdiction in general.
21The As provided by this subchapter, the commissioner
22or director shall have jurisdiction and it shall be the
23commissioner’s or director’s duty to supervise the enforcement
24of:
251. All laws relating to safety appliances and inspection
26thereof and health conditions in manufacturing and mercantile
27establishments, workshops, machine shops, other industrial
28concerns within the commissioner’s jurisdiction and sanitation
29and shelter for railway employees.
302. All laws of the state relating to child labor.
313. All laws relating to employment agencies.
324. Such other provisions of law as are now or shall
33hereafter be relating to this subchapter within the
34commissioner’s or director’s jurisdiction.
35 Sec. 1506. Section 91.6, Code 2023, is amended to read as
-948-1follows:
291.6 Rules Labor commissioner — rules.
3The commissioner shall adopt rules pursuant to chapter 17A
4for the purpose of administering this chapter and all other
5 chapters under the commissioner’s jurisdiction as provided in
6section 10A.202, subsection 1.
7 Sec. 1507. Section 91.8, Code 2023, is amended to read as
8follows:
991.8 Traveling expenses.
10The director, commissioner, inspectors, and other employees
11of the office division or department shall be allowed their
12necessary traveling expenses while in the discharge of their
13duties under this subchapter.
14 Sec. 1508. Section 91.9, Code 2023, is amended to read as
15follows:
1691.9 Right to enter premises.
17The labor director, commissioner, and the inspectors shall
18have the power to enter any factory or mill, workshop, mine,
19store, railway facility, including locomotive or caboose,
20business house, or public or private work, when the same is
21open or in operation, for the purpose of gathering facts and
22statistics such as are contemplated by this chapter subchapter,
23and to examine into the methods of protection from danger to
24employees, and the sanitary conditions in and around such
25buildings and places, and make a record thereof.
26 Sec. 1509. Section 91.10, Code 2023, is amended to read as
27follows:
2891.10 Power to secure evidence.
29The labor director or commissioner, or the commissioner’s
30designee as applicable, may issue subpoenas, administer
31oaths, and take testimony in all matters relating to the
32duties required of them the director or commissioner under
33this subchapter. Witnesses subpoenaed and testifying before
34the director or commissioner or the commissioner’s designee
35 shall be paid the same fees as witnesses under section 622.69,
-949-1payment to be made out of the funds appropriated to the
2department or division of labor services, as applicable.
3 Sec. 1510. Section 91.11, Code 2023, is amended to read as
4follows:
591.11 Prosecutions for violations — labor services.
61. If the director or commissioner learns of any violation
7of any law administered by the department or division under
8this subchapter, the director or commissioner may give the
9county attorney of the county in which the violation occurred
10written notice of the facts, whereupon that officer shall
11institute the proper proceedings against the person charged
12with the offense.
132. If the director or commissioner is of the opinion
14that the violation is not willful, or is an oversight or of
15a trivial nature, the director or commissioner may at the
16director’s or commissioner’s discretion fix a time within
17which the violation shall be corrected and notify the owner,
18operator, superintendent, or person in charge. If the
19violation is corrected within the time fixed, then the director
20or commissioner shall not cause prosecution to be begun.
21 Sec. 1511. Section 91.15, Code 2023, is amended to read as
22follows:
2391.15 Definition of additional terms.
24The expressions “factory”, “mill”, “workshop”, “mine”,
25“store”, “railway”, “business house”, and “public or private
26work”, as used in this chapter subchapter, shall be construed
27to mean any factory, mill, workshop, mine, store, railway,
28business house, or public or private work, where wage earners
29are employed for a compensation.
30 Sec. 1512. Section 91.16, Code 2023, is amended to read as
31follows:
3291.16 Violations — penalties.
33Persons violating any of the provisions of this chapter
34 subchapter shall be punished as in this section provided,
35respectively:
-950- 11. Any owner, superintendent, manager, or person in charge
2of any factory, mill, workshop, store, mine, hotel, restaurant,
3cafe, railway, business house, or public or private work, who
4shall refuse to allow the labor director, commissioner, or any
5inspector or employee of the department or division of labor
6services to enter the same, or who shall hinder or deter the
7director, commissioner, inspector, or employee in collecting
8information which it is that person’s duty to collect shall be
9guilty of a simple misdemeanor.
102. Any officer or employee of the department or division
11of labor services, or any person making unlawful use of names
12or information obtained under this subchapter by virtue of the
13person’s office, shall be guilty of a serious misdemeanor.
143. Any owner, operator, or manager of a factory, mill,
15workshop, mine, store, railway, business house, or public or
16private work, who shall neglect or refuse for thirty days
17after receipt of notice from the director or commissioner to
18furnish any reports or returns the director or commissioner may
19require to enable the director or commissioner to discharge the
20director’s or commissioner’s duties under this subchapter shall
21be guilty of a simple misdemeanor.
22 Sec. 1513. REPEAL. Section 91.1, Code 2023, is repealed.
23 Sec. 1514. CODE EDITOR DIRECTIVE.
241. The Code editor is directed to make the following
25transfers:
26a. Section 91.2 to section 10A.203.
27b. Section 91.4 to section 10A.204.
28c. Section 91.5 to section 10A.205.
29d. Section 91.6 to section 10A.206.
30e. Section 91.8 to section 10A.207.
31f. Section 91.9 to section 10A.208.
32g. Section 91.10 to section 10A.209.
33h. Section 91.11 to section 10A.210.
34i. Section 91.15 to section 10A.201.
35j. Section 91.16 to section 10A.211.
-951- 1k. Section 73A.21 to section 8A.311B.
22.The Code editor is directed to rename article II in
3chapter 10A as follows:
4Article II shall be subchapter II and shall be entitled
5“Labor Services” and include sections 10A.200 through 10A.211.
63. The Code editor may modify subchapter titles if necessary
7and is directed to correct internal references in the Code as
8necessary due to enactment of this section.
9WORKERS’ COMPENSATION
10 Sec. 1515. NEW SECTION. 10A.301 Definitions.
11As used in this subchapter, unless the context otherwise
12requires:
131. “Commissioner” means the workers’ compensation
14commissioner appointed pursuant to section 86.1, or the
15commissioner’s designee.
162. “Division” means the division of workers’ compensation of
17the department of inspections, appeals, and licensing.
18 Sec. 1516. NEW SECTION. 10A.302 Workers’ compensation —
19responsibilities.
20The division is responsible for the administration of the
21laws of this state relating to workers’ compensation under this
22subchapter and chapters 85, 85A, 85B, and 87. The executive
23head of the division is the workers’ compensation commissioner,
24appointed pursuant to section 86.1.
25 Sec. 1517. Section 86.1, Code 2023, is amended to read as
26follows:
2786.1 Workers’ compensation commissioner — term appointment.
28The governor shall appoint, subject to confirmation by the
29senate, a workers’ compensation commissioner whose term of
30office who shall be six years beginning and ending as provided
31in section 69.19 serve at the pleasure of the governor. The
32workers’ compensation commissioner shall maintain an office
33at the seat of government. If the office becomes vacant, the
34vacancy shall be filled in the same manner as provided for the
35original appointment. The workers’ compensation commissioner
-952-1must be a lawyer admitted to practice in this state.
2 Sec. 1518. Section 86.7, Code 2023, is amended to read as
3follows:
486.7 Interest in affected business.
5It shall be unlawful for the commissioner to be financially
6interested in any business enterprise coming under or affected
7by this chapter subchapter during the commissioner’s term of
8office, and if the commissioner violates this statute, it shall
9be sufficient grounds for removal from office, and in such
10case the governor shall at once declare the office vacant and
11appoint another to fill the vacancy.
12 Sec. 1519. Section 86.8, subsection 1, paragraph a, Code
132023, is amended to read as follows:
14a. Adopt and enforce rules necessary to implement this
15chapter subchapter and chapters 85, 85A, 85B, and 87.
16 Sec. 1520. Section 86.9, subsections 1 and 2, Code 2023, are
17amended to read as follows:
181. The director of the department of workforce development,
19in consultation with the commissioner, shall, at the time
20provided by law, make an annual report to the governor setting
21forth in appropriate form the business and expense of the
22division of workers’ compensation for the preceding year, the
23number of claims processed by the division and the disposition
24of the claims, and other matters pertaining to the division
25which are of public interest, together with recommendations
26for change or amendment of the laws in this chapter subchapter
27 and chapters 85, 85A, 85B, and 87, and the recommendations, if
28any, shall be transmitted by the governor to the first general
29assembly in session after the report is filed.
302. The commissioner, after consultation with the director
31of the department of workforce development, may compile an
32annual report setting forth the final decisions, rulings, and
33orders of the division for the preceding year and setting forth
34other matters or information which the commissioner considers
35desirable for publication.
-953-1 Sec. 1521. Section 86.13, subsection 1, Code 2023, is
2amended to read as follows:
31. If an employer or insurance carrier pays weekly
4compensation benefits to an employee, the employer or insurance
5carrier shall file with the workers’ compensation commissioner
6in the form and manner required by the workers’ compensation
7commissioner a notice of the commencement of the payments.
8The payments establish conclusively that the employer and
9insurance carrier have notice of the injury for which benefits
10are claimed but the payments do not constitute an admission of
11liability under this chapter subchapter or chapter 85, 85A, or
1285B.
13 Sec. 1522. Section 86.13, subsection 4, paragraph a, Code
142023, is amended to read as follows:
15a. If a denial, a delay in payment, or a termination of
16benefits occurs without reasonable or probable cause or excuse
17known to the employer or insurance carrier at the time of
18the denial, delay in payment, or termination of benefits,
19the workers’ compensation commissioner shall award benefits
20in addition to those benefits payable under this chapter
21 subchapter, or chapter 85, 85A, or 85B, up to fifty percent of
22the amount of benefits that were denied, delayed, or terminated
23without reasonable or probable cause or excuse.
24 Sec. 1523. Section 86.17, Code 2023, is amended to read as
25follows:
2686.17 Hearings — presiding officer — venue.
271. Notwithstanding the provisions of section 17A.11,
28the workers’ compensation commissioner or a deputy workers’
29compensation commissioner shall preside over any contested case
30proceeding brought under this chapter subchapter, or chapter
3185, 85A, or 85B in the manner provided by chapter 17A. The
32deputy commissioner or the commissioner may make such inquiries
33in contested case proceedings as shall be deemed necessary, so
34long as such inquiries do not violate any of the provisions of
35section 17A.17.
-954- 12. Hearings in contested case proceedings under this
2subchapter and chapters 85, and 85A and this chapter shall be
3held in the judicial district where the injury occurred. By
4written stipulation of the parties or by the order of a deputy
5workers’ compensation commissioner or the commissioner, a
6hearing may be held elsewhere. If the injury occurred outside
7this state, or if the proceeding is not one for benefits
8resulting from an injury, hearings shall be held in Polk county
9or as otherwise stipulated by the parties or by order of a
10deputy workers’ compensation commissioner or the workers’
11compensation commissioner.
12 Sec. 1524. Section 86.18, subsection 1, Code 2023, is
13amended to read as follows:
141. Evidence, process and procedure in contested case
15proceedings or appeal proceedings within the agency under this
16chapter, subchapter and chapters 85 and 85A shall be as summary
17as practicable consistent with the requirements of chapter 17A.
18 Sec. 1525. Section 86.19, subsection 1, Code 2023, is
19amended to read as follows:
201. The workers’ compensation commissioner, or a deputy
21commissioner, may appoint or may direct a party to furnish at
22the party’s initial expense a certified shorthand reporter
23to be present and report, or to furnish mechanical means
24to record, and if necessary, transcribe proceedings of any
25contested case under this chapter, subchapter and chapters 85
26and 85A and fix the reasonable amount of compensation for such
27service. The charges shall be taxed as costs and the party
28initially paying the expense of the presence or transcription
29shall be reimbursed. The reporter shall faithfully and
30accurately report the proceedings.
31 Sec. 1526. Section 86.24, subsection 1, Code 2023, is
32amended to read as follows:
331. Any party aggrieved by a decision, order, ruling, finding
34or other act of a deputy commissioner in a contested case
35proceeding arising under this chapter subchapter or chapter 85
-955-1or 85A may appeal to the workers’ compensation commissioner
2in the time and manner provided by rule. The hearing on an
3appeal shall be in Polk county unless the workers’ compensation
4commissioner shall direct the hearing be held elsewhere.
5 Sec. 1527. Section 86.26, subsection 1, Code 2023, is
6amended to read as follows:
71. Judicial review of decisions or orders of the workers’
8compensation commissioner may be sought in accordance
9with chapter 17A. Notwithstanding chapter 17A, the Iowa
10administrative procedure Act, petitions for judicial review
11may be filed in the district court of the county in which the
12hearing under section 86.17 was held, the workers’ compensation
13commissioner shall transmit to the reviewing court the original
14or a certified copy of the entire record of the contested case
15which is the subject of the petition within thirty days after
16receiving written notice from the party filing the petition
17that a petition for judicial review has been filed, and an
18application for stay of agency action during the pendency of
19judicial review shall not be filed in the division of workers’
20compensation of the department of workforce development
21 but shall be filed with the district court. Such a review
22proceeding shall be accorded priority over other matters
23pending before the district court.
24 Sec. 1528. Section 86.29, Code 2023, is amended to read as
25follows:
2686.29 The judicial review petition.
27Notwithstanding chapter 17A, the Iowa administrative
28procedure Act, in a petition for judicial review of a decision
29of the workers’ compensation commissioner in a contested case
30under this chapter subchapter or chapter 85, 85A, 85B, or 87,
31the opposing party shall be named the respondent, and the
32agency shall not be named as a respondent.
33 Sec. 1529. Section 86.39, Code 2023, is amended to read as
34follows:
3586.39 Fees — approval.
-956- 11. All fees or claims for legal, medical, hospital, and
2burial services rendered under this chapter subchapter and
3chapters 85, 85A, 85B, and 87 are subject to the approval of
4the workers’ compensation commissioner. For services rendered
5in the district court and appellate courts, the attorney fee is
6subject to the approval of a judge of the district court.
72. An attorney shall not recover fees for legal services
8based on the amount of compensation voluntarily paid or agreed
9to be paid to an employee for temporary or permanent disability
10under this chapter subchapter, or chapter 85, 85A, 85B, or
1187. An attorney shall only recover a fee based on the amount
12of compensation that the attorney demonstrates would not have
13been paid to the employee but for the efforts of the attorney.
14Any disputes over the recovery of attorney fees under this
15subsection shall be resolved by the workers’ compensation
16commissioner.
17 Sec. 1530. Section 86.43, Code 2023, is amended to read as
18follows:
1986.43 Judgment — modification.
20Upon the presentation to the court of a file-stamped copy
21of a decision of the workers’ compensation commissioner,
22ending, diminishing, or increasing the compensation under the
23provisions of this chapter subchapter, the court shall revoke
24or modify the decree or judgment to conform to such decision.
25 Sec. 1531. Section 86.44, Code 2023, is amended to read as
26follows:
2786.44 Confidentiality.
281. All verbal or written information relating to the subject
29matter of an agreement and transmitted between any party to
30a dispute and a mediator to resolve a dispute pursuant to
31this chapter subchapter or chapter 85, 85A, or 85B, during
32any stage of a mediation or a dispute resolution process
33conducted by a mediator as provided in this section, whether
34reflected in notes, memoranda, or other work products in the
35case files, is a confidential communication except as otherwise
-957-1expressly provided in this chapter. Mediators involved in
2a mediation or a dispute resolution process shall not be
3examined in any judicial or administrative proceeding regarding
4confidential communications and are not subject to judicial or
5administrative process requiring the disclosure of confidential
6communications.
72. For purposes of this section, “mediator” means a chief
8deputy workers’ compensation commissioner or deputy workers’
9compensation commissioner acting in the capacity to resolve a
10dispute pursuant to this chapter subchapter or chapter 85, 85A,
11or 85B, or an employee of the division of workers’ compensation
12involved during any stage of a process to resolve a dispute.
13 Sec. 1532. CODE EDITOR DIRECTIVE.
141. The Code editor is directed to make the following
15transfers:
16a. Section 86.1 to section 10A.303.
17b. Section 86.2 to section 10A.304.
18c. Section 86.3 to section 10A.305.
19d. Section 86.4 to section 10A.306.
20e. Section 86.5 to section 10A.307.
21f. Section 86.6 to section 10A.308.
22g. Section 86.7 to section 10A.309.
23h. Section 86.8 to section 10A.310.
24i. Section 86.9 to section 10A.311.
25j. Section 86.10 to section 10A.312.
26k. Section 86.11 to section 10A.313.
27l. Section 86.12 to section 10A.314.
28m. Section 86.13 to section 10A.315.
29n. Section 86.13A to section 10A.316.
30o. Section 86.14 to section 10A.317.
31p. Section 86.17 to section 10A.318.
32q. Section 86.18 to section 10A.319.
33r. Section 86.19 to section 10A.320.
34s. Section 86.24 to section 10A.321.
35t. Section 86.26 to section 10A.322.
-958- 1u. Section 86.27 to section 10A.323.
2v. Section 86.29 to section 10A.324.
3w. Section 86.32 to section 10A.325.
4x. Section 86.38 to section 10A.326.
5y. Section 86.39 to section 10A.327.
6z. Section 86.40 to section 10A.328.
7aa. Section 86.41 to section 10A.329.
8ab. Section 86.42 to section 10A.330.
9ac. Section 86.43 to section 10A.331.
10ad. Section 86.44 to section 10A.332.
11ae. Section 86.45 to section 10A.333.
122.The Code editor is directed to rename article III in
13chapter 10A as follows:
14Article III shall be subchapter III and shall be entitled
15“Workers’ Compensation” and include sections 10A.301 through
1610A.333.
173. The Code editor may modify subchapter titles if necessary
18and is directed to correct internal references in the Code as
19necessary due to enactment of this section.
20LICENSING AND REGULATION ACTIVITIES
21 Sec. 1533. NEW SECTION. 10A.502 Responsibilities.
22The director shall coordinate the department’s conduct of
23various licensing and regulatory functions of the state under
24the administrative authority of the department including but
25not limited to all of the following:
261. Licensing and regulation of certain fire control and
27building code-related activities and professions.
282. Licensing and regulation of certain health-related
29professions.
303. Licensing and regulation of certain business and
31commerce-related professions.
32 Sec. 1534. NEW SECTION. 10A.507 Licensing and regulation
33fund.
341. A licensing and regulation fund is created in the state
35treasury under the control of the department of inspections,
-959-1appeals, and licensing. Moneys in the fund are appropriated
2to the department to be used to fulfill the administration and
3enforcement responsibilities of the department and boards under
4the purview of the department under this subchapter.
52. The fund shall consist of moneys and fees collected by
6the department for deposit in the fund.
73. Notwithstanding section 8.33, moneys in the fund
8that remain unencumbered or unobligated at the close of the
9fiscal year shall not revert but shall remain available for
10expenditure for the purposes designated in succeeding fiscal
11years. Notwithstanding section 12C.7, subsection 2, interest
12or earnings on moneys deposited in the fund shall be credited
13to the fund.
14 Sec. 1535. NEW SECTION. 10A.511 Fire control duties.
15The duties of the director as it relates to fire control
16shall be as follows:
171. To enforce all laws, and the rules and regulations of the
18department concerned with all of the following:
19a. The prevention of fires.
20b. The storage, transportation, handling, and use of
21flammable liquids, combustibles, fireworks, and explosives.
22c. The storage, transportation, handling, and use of liquid
23petroleum gas.
24d. The electric wiring and heating, and adequate means of
25exit in case of fire, from churches, schools, hotels, theaters,
26amphitheaters, asylums, hospitals, health care facilities as
27defined in section 135C.1, college buildings, lodge halls,
28public meeting places, and all other structures in which
29persons congregate from time to time, whether publicly or
30privately owned.
312. To promote fire safety and reduction of loss by fire
32through educational methods.
333. To promulgate fire safety rules in consultation with the
34state fire marshal. The director shall have exclusive right
35to promulgate fire safety rules as they apply to enforcement
-960-1or inspection requirements by the department, but the rules
2shall be promulgated pursuant to chapter 17A. Wherever by
3any statute the director or the department is authorized
4or required to promulgate, proclaim, or amend rules and
5minimum standards regarding fire hazards or fire safety or
6protection in any establishment, building, or structure, the
7rules and standards shall promote and enforce fire safety,
8fire protection, and the elimination of fire hazards as the
9rules may relate to the use, occupancy, and construction
10of the buildings, establishments, or structures. The word
11“construction” shall include but is not limited to electrical
12wiring, plumbing, heating, lighting, ventilation, construction
13materials, entrances and exits, and all other physical
14conditions of the building which may affect fire hazards,
15safety, or protection. The rules and minimum standards shall
16be in substantial compliance except as otherwise specifically
17provided in this chapter, with the standards of the national
18fire protection association relating to fire safety as
19published in the national fire codes.
204. To adopt rules designating a fee to be assessed to
21each building, structure, or facility for which a fire safety
22inspection or plan review by the director is required by law.
23The fee designated by rule shall be set in an amount that is
24reasonably related to the costs of conducting the applicable
25inspection or plan review. The fees collected by the
26department shall be deposited in the general fund of the state.
275. To administer the fire extinguishing system contractor,
28alarm system contractor, and alarm system installer
29certification program established in chapter 100C.
306. To order the suspension of the use of consumer fireworks,
31display fireworks, or novelties, as described in section 727.2,
32if the state fire marshal determines that the use of such
33devices would constitute a threat to public safety.
34 Sec. 1536. NEW SECTION. 10A.512 Inspections.
35The director, and the director’s designated subordinates,
-961-1in the performance of their duties under this part, shall have
2authority to enter any building or premises and to examine the
3same and the contents thereof.
4 Sec. 1537. NEW SECTION. 10A.533 Enforcement.
51. If any local board, as defined in section 135.1, shall
6fail to enforce the rules of the department under this part or
7carry out the department’s lawful directions under this part,
8the department may enforce the same within the territorial
9jurisdiction of such local board, and for that purpose it may
10exercise all of the powers given by statute to the local board,
11and may employ the necessary assistants to carry out its lawful
12directions.
132. All expenses incurred by the department in determining
14whether its rules are enforced by a local board under this
15part, and in enforcing the same when a local board has failed
16to do so, shall be paid in the same manner as the expenses of
17enforcing such rules when enforced by the local board.
183. All peace officers of the state when called upon by the
19department shall enforce the department’s rules under this part
20and execute the lawful orders of the department under this part
21within their respective jurisdictions.
22 Sec. 1538. NEW SECTION. 10A.534 Penalties.
231. Any person who knowingly violates any provision of this
24part, or of the rules of the department under this part, or
25any lawful order, written or oral, of the department or of its
26officers, or authorized agents under this part, shall be guilty
27of a simple misdemeanor.
282. Any person resisting or interfering with the department,
29its employees, or authorized agents, in the discharge of any
30duty imposed by law under this part shall be guilty of a simple
31misdemeanor.
32 Sec. 1539. Section 12.83, Code 2023, is amended to read as
33follows:
3412.83 School infrastructure fund moneys — state fire marshal
35 allocation to department of inspections, appeals, and licensing.
-962- 1During the term of the school infrastructure program
2established in section 292.2, up to fifty thousand dollars
3of the moneys deposited each fiscal year in the school
4infrastructure fund shall be allocated each fiscal year to the
5department of public safety inspections, appeals, and licensing
6 for the use of the state fire marshal department. The funds
7shall be used by the state fire marshal department solely
8for the purpose of retaining an architect or architectural
9firm to evaluate structures for which school infrastructure
10program grant applications are made, to consult with school
11district representatives, to review construction drawings and
12blueprints, and to perform related duties at the direction of
13the state fire marshal department to ensure the best possible
14use of moneys received by a school district under the school
15infrastructure program. The state fire marshal department
16 shall provide for the review of plans, drawings, and blueprints
17in a timely manner.
18 Sec. 1540. Section 72.5, subsection 2, Code 2023, is amended
19to read as follows:
202. The director of the economic development authority,
21in consultation with the department of management, and the
22 state building code commissioner, and state fire marshal, shall
23develop standards and methods to evaluate design development
24documents and construction documents based upon life cycle cost
25factors to facilitate fair and uniform comparisons between
26design proposals and informed decision making by public bodies.
27 Sec. 1541. Section 88A.11, subsection 2, Code 2023, is
28amended to read as follows:
292. A concession booth, amusement device or ride which is
30owned and operated by a nonprofit religious, educational or
31charitable institution or association if such booth, device or
32ride is located within a building subject to inspection by the
33state fire marshal director or by any political subdivisions
34of the state under its building, fire, electrical, and related
35public safety ordinances.
-963-1 Sec. 1542. Section 100.1, subsections 3, 4, 5, 6, and 7,
2Code 2023, are amended by striking the subsections.
3 Sec. 1543. Section 100.1, subsection 8, Code 2023, is
4amended to read as follows:
58. To recommend to the director of the department of
6inspections, appeals, and licensing, that the director order
7the suspension of the use of consumer fireworks, display
8fireworks, or novelties, as described in section 727.2, if the
9fire marshal determines that the use of such devices would
10constitute a threat to public safety.
11 Sec. 1544. Section 100.11, Code 2023, is amended to read as
12follows:
13100.11 Fire escapes.
14It shall be the duty of the fire marshal director to enforce
15all laws relating to fire escapes.
16 Sec. 1545. Section 100.12, Code 2023, is amended to read as
17follows:
18100.12 Authority for inspection — orders.
19The chief of a fire department or an authorized subordinate
20who is trained in fire prevention safety standards may enter
21a building or premises at a reasonable hour to examine the
22building or premises and its contents. The examining official
23shall order the correction of a condition which is in violation
24of this chapter, a rule adopted under this chapter, or a
25city or county fire safety ordinance. The order shall be
26in writing or, if the danger is imminent, orally followed by
27a written order. The examining official shall enforce the
28order in accordance with the applicable law or ordinance. At
29the request of the examining official the state fire marshal
30 director may assist in an enforcement action.
31 Sec. 1546. Section 100.13, Code 2023, is amended to read as
32follows:
33100.13 Violations — orders.
341. If a person has violated or is violating a provision of
35this chapter or a rule adopted pursuant to this chapter, the
-964-1state fire marshal director, the chief of any fire department,
2or the fire prevention officer of a fire department organized
3under chapter 400 may issue an order directing the person to
4desist in the practice which constitutes the violation and
5to take corrective action as necessary to ensure that the
6violation will cease. The order shall be in writing and shall
7specify a reasonable time by which the person shall comply
8with the order. The person to whom the order is issued may
9appeal the order as provided in chapter 17A. On appeal,
10the administrative law judge may affirm, modify, or vacate
11the order. Judicial review may be sought in accordance with
12chapter 17A.
132. Notwithstanding any other provision of law to the
14contrary, if the state fire marshal director determines that
15an emergency exists respecting any matter affecting or likely
16to affect the public safety, the fire marshal director may
17issue any order necessary to terminate the emergency without
18notice or hearing. An emergency order is binding and effective
19immediately, until or unless the order is modified, vacated, or
20stayed at an administrative hearing or by a district court.
21 Sec. 1547. Section 100.14, Code 2023, is amended to read as
22follows:
23100.14 Legal proceedings — penalties — injunctive relief.
24At the request of the state fire marshal director, the
25county attorney shall institute any legal proceedings on behalf
26of the state necessary to obtain compliance or enforce the
27penalty provisions of this chapter or rules or orders adopted
28or issued pursuant to this chapter, including, but not limited
29to, a legal action for injunctive relief. The county attorney
30or any other attorney acting on behalf of the chief of a fire
31department or a fire prevention officer may institute legal
32proceedings, including, but not limited to, a legal action for
33injunctive relief, to obtain compliance or enforce the penalty
34provisions or orders issued pursuant to section 100.13.
35 Sec. 1548. Section 100.16, Code 2023, is amended to read as
-965-1follows:
2100.16 Judicial review — court costs.
31. Judicial review of actions of the fire marshal director
4 may be sought in accordance with the terms of the Iowa
5administrative procedure Act pursuant to chapter 17A. If
6legal proceedings have been instituted pursuant to section
7100.14, all related issues which could otherwise be raised in
8a proceeding for judicial review shall be raised in the legal
9proceedings instituted pursuant to section 100.14.
102. Upon judicial review of the fire marshal’s director’s
11 action, if the court affirms the agency action, the court
12shall tax all court costs of the review proceeding against the
13appellant. However, if the court reverses, revokes, or annuls
14the fire marshal’s director’s action, the court shall tax all
15court costs of the review proceeding against the agency. If
16the fire marshal’s director’s action is modified or the matter
17is remanded to the agency for further proceedings, the court
18shall apportion the court costs within the discretion of the
19court.
20 Sec. 1549. Section 100.18, subsections 2, 3, 4, 5, 6, and 7,
21Code 2023, are amended to read as follows:
222. a. Except as provided in subsection 4, multiple-unit
23residential buildings and single-family dwellings the
24construction of which is begun on or after July 1, 1991, shall
25include the installation of smoke detectors in compliance with
26the rules established by the state fire marshal director under
27subsection 5.
28b. The rules shall require the installation of smoke
29detectors in existing single-family rental units and
30multiple-unit residential buildings. Existing single-family
31dwelling units shall be equipped with approved smoke detectors.
32A person who files for a homestead credit pursuant to chapter
33425 shall certify that the single-family dwelling unit for
34which the credit is filed has a smoke detector installed in
35compliance with this section, or that one will be installed
-966-1within thirty days of the date the filing for the credit is
2made. The state fire marshal director shall adopt rules and
3establish appropriate procedures to administer this subsection.
4c. An owner or an owner’s agent of a multiple-unit
5residential building or single-family dwelling shall supply
6light-emitting smoke detectors, upon request, for a tenant who
7is deaf or hard of hearing.
83. a. Multiple-unit residential buildings and single-family
9dwellings, the construction of which is begun on or after
10July 1, 2018, and that have a fuel-fired heater or appliance,
11a fireplace, or an attached garage, shall include the
12installation of carbon monoxide alarms in compliance with the
13rules established by the state fire marshal director under
14subsection 5.
15b. The rules shall require the installation of carbon
16monoxide alarms in existing single-family rental units and
17multiple-unit residential buildings that have a fuel-fired
18heater or appliance, a fireplace, or an attached garage.
19Existing single-family dwellings that have a fuel-fired heater
20or appliance, a fireplace, or an attached garage shall be
21equipped with approved carbon monoxide alarms. For purposes
22of this paragraph, “approved carbon monoxide alarm” means a
23carbon monoxide alarm that meets the standards established by
24the underwriters’ laboratories or is approved by the state fire
25marshal director as established by rule under subsection 5. A
26person who files for a homestead credit pursuant to chapter 425
27shall certify that the single-family dwelling for which the
28credit is filed and that has a fuel-fired heater or appliance,
29a fireplace, or an attached garage, has carbon monoxide alarms
30installed in compliance with this section, or that such alarms
31will be installed within thirty days of the date the filing
32for the credit is made. The state fire marshal director shall
33adopt rules and establish appropriate procedures to administer
34this subsection.
35c. An owner of a multiple-unit residential building or
-967-1a single-family rental unit that has a fuel-fired heater or
2appliance, a fireplace, or an attached garage, or an owner’s
3agent, shall supply light-emitting carbon monoxide alarms, upon
4request, for a tenant who is deaf or hard of hearing.
5d. The owner of a building requiring the installation of
6carbon monoxide alarms under this subsection shall install
7a carbon monoxide alarm in a location as specified by rules
8established by the state fire marshal director under subsection
95, taking into account the number and location of all fuel
10sources in the building.
114. This section does not require the following:
12a. The installation of smoke detectors in multiple-unit
13residential buildings which, on July 1, 1981, are equipped
14with heat detection devices or a sprinkler system with alarms
15approved by the state fire marshal director.
16b. The installation of smoke detectors in hotels, motels,
17and dormitories equipped with an automatic smoke detection
18system approved by the state fire marshal director.
195. The state fire marshal director shall enforce the
20requirements of subsections 2 and 3 and may implement a program
21of inspections to monitor compliance with the provisions of
22those subsections. Upon inspection, the state fire marshal
23 director shall issue a written notice to the owner or manager
24of a multiple-unit residential building or single-family
25rental unit informing the owner or manager of compliance or
26noncompliance with this section. The state fire marshal
27 director may contract with any political subdivision without
28fee assessed to either the state fire marshal director or the
29political subdivision, for the performance of the inspection
30and notification responsibilities. The inspections authorized
31under this section are limited to the placement, repair, and
32operability of smoke detectors and carbon monoxide alarms. Any
33broader inspection authority is not derived from this section.
34The state fire marshal director shall adopt rules under chapter
3517A as necessary to enforce this section including rules
-968-1concerning the placement of smoke detectors and carbon monoxide
2alarms and the use of acceptable smoke detectors and carbon
3monoxide alarms. The smoke detectors and carbon monoxide
4alarms shall display a label or other identification issued
5by an approved testing agency or another label specifically
6approved by the state fire marshal director.
76. The inspection of a building or notification of
8compliance or noncompliance under this section is not the basis
9for a legal cause of action against the political subdivision,
10state fire marshal director, the fire marshal’s director’s
11 subordinates, chiefs of local fire departments, building
12inspectors, or other fire, building, or safety officials due
13to a failure to discover a latent defect in the course of the
14inspection.
157. If a smoke detector or carbon monoxide alarm is found
16to be inoperable, the owner or manager of the multiple-unit
17residential building or single-family rental unit shall correct
18the situation within thirty days after written notification
19to the owner or manager by the tenant, guest, roomer, state
20fire marshal director, fire marshal’s director’s subordinates,
21chiefs of local fire departments, building inspectors, or other
22fire, building, or safety officials. If the owner or manager
23of a multiple-unit residential building or single-family rental
24unit fails to correct the situation within the thirty days
25the tenant, guest, or roomer may cause the smoke detector or
26carbon monoxide alarm to be repaired or purchase and install
27a smoke detector or carbon monoxide alarm required under this
28section and may deduct the repair cost or purchase price from
29the next rental payment or payments made by the tenant, guest,
30or roomer. However, a lessor or owner may require a lessee,
31tenant, guest, or roomer who has a residency of longer than
32thirty days to provide the battery for a battery operated smoke
33detector or carbon monoxide alarm.
34 Sec. 1550. Section 100.19, subsection 2, paragraph a, Code
352023, is amended to read as follows:
-969- 1a. The state fire marshal director shall establish a
2consumer fireworks seller license. An application for a
3consumer fireworks seller license shall be made on a form
4provided by the state fire marshal director. The state fire
5marshal director shall adopt rules consistent with this section
6establishing minimum requirements for a retailer or community
7group to be issued a consumer fireworks seller license.
8 Sec. 1551. Section 100.19, subsection 3, paragraph a,
9unnumbered paragraph 1, Code 2023, is amended to read as
10follows:
11The state fire marshal director shall establish a fee
12schedule for consumer fireworks seller licenses as follows:
13 Sec. 1552. Section 100.19, subsection 4, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15The state fire marshal director shall adopt rules to:
16 Sec. 1553. Section 100.19, subsections 6, 7, and 8, Code
172023, are amended to read as follows:
186. a. The state fire marshal director shall adopt rules to
19provide that a person’s consumer fireworks seller license may
20be revoked for the intentional violation of this section. The
21proceedings for revocation shall be held before the division of
22the state fire marshal department, which may revoke the license
23or licenses involved as provided in paragraph “b”.
24b. (1) If, upon the hearing of the order to show cause, the
25division of the state fire marshal department finds that the
26licensee intentionally violated this section, then the license
27or licenses under which the licensed retailer or community
28group sells first-class consumer fireworks or second-class
29consumer fireworks, shall be revoked.
30(2) Judicial review of actions of the division of the state
31fire marshal department may be sought in accordance with the
32terms of the Iowa administrative procedure Act, chapter 17A.
33 If the licensee has not filed a petition for judicial review
34in district court, revocation shall date from the thirty-first
35day following the date of the order of the division of the
-970-1state fire marshal department. If the licensee has filed a
2petition for judicial review, revocation shall date from the
3thirty-first day following entry of the order of the district
4court, if action by the district court is adverse to the
5licensee.
6(3) A new license shall not be issued to a person whose
7license has been revoked, or to the business in control of the
8premises on which the violation occurred if it is established
9that the owner of the business had actual knowledge of the
10violation resulting in the license revocation, for the period
11of one year following the date of revocation.
127. a. A consumer fireworks fee fund is created in the
13state treasury under the control of the state fire marshal
14 director. Notwithstanding section 12C.7, interest or earnings
15on moneys in the consumer fireworks fee fund shall be credited
16to the consumer fireworks fee fund. Moneys in the fund are
17appropriated to the state fire marshal director to be used to
18fulfill the responsibilities of the state fire marshal director
19 for the administration and enforcement of this section and
20section 100.19A and to provide grants pursuant to paragraph “b”.
21The fund shall include the fees collected by the state fire
22marshal director under the fee schedule established pursuant to
23subsection 3 and the fees collected by the state fire marshal
24 director under section 100.19A for wholesaler registration.
25b. The state fire marshal director shall establish a local
26fire protection and emergency medical service providers grant
27program to provide grants in the following order of priority:
28(1) Local fire protection service providers and local
29emergency medical service providers to establish or provide
30fireworks safety education programming to members of the
31public, and for the purchase of necessary enforcement,
32protection, or emergency response equipment related to the sale
33and use of consumer fireworks in this state.
34(2) Local volunteer fire protection service providers for
35the purchase of necessary enforcement, protection, or emergency
-971-1response equipment.
28. The state fire marshal director shall adopt rules for the
3administration of this section.
4 Sec. 1554. Section 100.19A, subsections 2 and 3, Code 2023,
5are amended to read as follows:
62. The state fire marshal director shall adopt rules to
7require all wholesalers to annually register with the state
8fire marshal director. The state fire marshal director
9 may also adopt rules to regulate the storage or transfer of
10consumer fireworks by wholesalers and to require wholesalers
11to maintain insurance.
123. The state fire marshal director shall establish an
13annual registration fee of one thousand dollars for wholesalers
14of consumer fireworks within the state. Registration fees
15collected pursuant to this section shall be deposited in the
16consumer fireworks fee fund created in section 100.19.
17 Sec. 1555. Section 100.31, Code 2023, is amended to read as
18follows:
19100.31 Fire and tornado drills in schools — warning systems
20— inspections.
211. It shall be the duty of the state fire marshal director
22 and the fire marshal’s director’s designated subordinates to
23require all private and public school officials and teachers to
24conduct not less than four fire drills and not less than four
25tornado drills in all school buildings during each school year
26when school is in session; and to require the officials and
27teachers of all schools to keep all doors and exits of their
28respective rooms and buildings unlocked when occupied during
29school hours or when such areas are being used by the public at
30other times. Not less than two drills of each type shall be
31conducted between July 1 and December 31 of each year and not
32less than two drills of each type shall be conducted between
33January 1 and June 30 of each year.
342. Every school building with two or more classrooms
35shall have a warning system for fires of a type approved by
-972-1the underwriters’ laboratories and by the state fire marshal
2 director. The warning system shall be used only for fire
3drills or as a warning for emergency. Schools may modify
4the fire warning system for use as a tornado warning system
5or shall install a separate tornado warning system. Every
6school building shall also be equipped with portable fire
7extinguishers, with the type, size and number in accordance
8with national fire protection association standards and
9approved by the state fire marshal director.
103. The state fire marshal director or the fire marshal’s
11 director’s deputies shall cause each public or private school,
12college, or university to be inspected at least once every two
13years to determine whether each school meets the fire safety
14standards of this Code and is free from other fire hazards.
15Provided, however, that cities which employ fire department
16inspectors shall cause such inspections to be made.
17 Sec. 1556. Section 100.35, Code 2023, is amended to read as
18follows:
19100.35 Rules of marshal director — penalties.
201. The fire marshal director shall adopt, and may amend
21rules under chapter 17A, which include standards relating
22to exits and exit lights, fire escapes, fire protection,
23fire safety and the elimination of fire hazards, in and for
24churches, schools, hotels, theaters, amphitheaters, hospitals,
25health care facilities as defined in section 135C.1, boarding
26homes or housing, rest homes, dormitories, college buildings,
27lodge halls, club rooms, public meeting places, places of
28amusement, apartment buildings, food establishments as defined
29in section 137F.1, and all other buildings or structures in
30which persons congregate from time to time, whether publicly
31or privately owned. Violation of a rule adopted by the fire
32marshal director is a simple misdemeanor. However, upon
33proof that the fire marshal director gave written notice to
34the defendant of the violation, and proof that the violation
35constituted a clear and present danger to life, and proof that
-973-1the defendant failed to eliminate the condition giving rise
2to the violation within thirty days after receipt of notice
3from the fire marshal director, the penalty is that provided
4by law for a serious misdemeanor. Each day of the continuing
5violation of a rule after conviction of a violation of the rule
6is a separate offense. A conviction is subject to appeal as in
7other criminal cases.
82. Rules by the fire marshal director affecting the
9construction of new buildings, additions to buildings or
10rehabilitation of existing buildings and related to fire
11protection, shall be substantially in accord with the
12provisions of the nationally recognized building and related
13codes adopted as the state building code pursuant to section
14103A.7 or with codes adopted by a local subdivision which are
15in substantial accord with the codes comprising the state
16building code.
173. The rules adopted by the state fire marshal director
18 under this section shall provide standards for fire resistance
19of cellulose insulation sold or used in this state, whether for
20public or private use. The rules shall provide for approval of
21the cellulose insulation by at least one nationally recognized
22independent testing laboratory.
23 Sec. 1557. Section 100.38, Code 2023, is amended to read as
24follows:
25100.38 Conflicting statutes.
26Provisions of this chapter part in conflict with the state
27building code, as adopted pursuant to section 103A.7, shall not
28apply where the state building code has been adopted or when
29the state building code applies throughout the state.
30 Sec. 1558. Section 100.39, subsections 1, 2, and 3, Code
312023, are amended to read as follows:
321. All buildings approved for construction after July 1,
331998, that exceed four stories in height, or seventy-five feet
34above grade, shall require the installation of an approved
35automatic fire extinguishing system designed and installed in
-974-1conformity with rules promulgated by the state fire marshal
2 director pursuant to this chapter part.
32. The requirements of this section shall not apply to the
4following:
5a. Any noncombustible elevator storage structure or any
6noncombustible plant building with noncombustible contents.
7b. Any combustible elevator storage structure that is
8equipped with an approved drypipe, nonautomatic sprinkler and
9automatic alarm system.
10c. Buildings in existence or under construction on August
1115, 1975. However, if subsequent to that date any building is
12enlarged or altered beyond the height limitations applicable to
13new buildings, such building in its entirety shall be subject
14to all the provisions of this section.
15d. Any open parking garage structure which is in compliance
16with rules adopted by the state fire marshal director.
173. Plans and installation of systems shall be approved by
18the state fire marshal director, a designee of the state fire
19marshal director, or local authorities having jurisdiction.
20Except where local fire protection regulations are more
21stringent, the provisions of this section shall be applicable
22to all buildings, whether privately or publicly owned. The
23definition of terms shall be in conformity, insofar as
24possible, with definitions found in the state building code
25adopted pursuant to section 103A.7.
26 Sec. 1559. Section 100.41, Code 2023, is amended to read as
27follows:
28100.41 Authority to cite violations.
29Fire officials acting under the authority of this chapter
30 part may issue citations in accordance with chapter 805, for
31violations of this chapter part or a violation of a local fire
32safety code.
33 Sec. 1560. Section 100C.1, Code 2023, is amended by adding
34the following new subsections:
35 NEW SUBSECTION. 8A. “Department” means the department of
-975-1inspections, appeals, and licensing.
2 NEW SUBSECTION. 8B. “Director” means the director of
3the department of inspections, appeals, and licensing or the
4director’s designee.
5 Sec. 1561. Section 100C.1, subsection 14, Code 2023, is
6amended to read as follows:
714. “Responsible managing employee” means one of the
8following:
9a. An owner, partner, officer, or manager employed full-time
10by a fire extinguishing system contractor who is certified
11by the national institute for certification in engineering
12technologies at a level three in fire protection technology,
13automatic sprinkler system layout, or another certification in
14automatic sprinkler system layout recognized by rules adopted
15by the fire marshal director pursuant to section 100C.7 or who
16meets any other criteria established by rule.
17b. An owner, partner, officer, or manager employed full-time
18by an alarm system contractor who is certified by the national
19institute for certification in engineering technologies in fire
20alarm systems or security systems at a level established by the
21fire marshal director by rule or who meets any other criteria
22established by rule under this chapter. The rules may provide
23for separate endorsements for fire alarm systems, security
24alarm systems, and nurse call systems and may require separate
25qualifications for each.
26 Sec. 1562. Section 100C.2, subsection 4, paragraph b, Code
272023, is amended to read as follows:
28b. An employee or subcontractor of a certified alarm system
29contractor who is an alarm system installer, and who is not
30licensed pursuant to chapter 103 shall obtain and maintain
31certification as an alarm system installer and shall meet and
32maintain qualifications established by the state fire marshal
33 director by rule.
34 Sec. 1563. Section 100C.3, subsections 1, 3, and 5, Code
352023, are amended to read as follows:
-976- 11. A fire extinguishing system contractor, an alarm system
2contractor, or an alarm system installer shall apply for a
3certificate on a form prescribed by the state fire marshal
4 director. The application shall be accompanied by a fee in an
5amount prescribed by rule pursuant to section 100C.7 and shall
6include all of the following information, as applicable:
7a. The name, address, and telephone number of the contractor
8or installer and, in the case of an installer, the name and
9certification number of the contractor by whom the installer is
10employed, including all legal and fictitious names.
11b. Proof of insurance coverage required by section 100C.4.
12c. The name and qualifications of the person designated as
13the contractor’s responsible managing employee and of persons
14designated as alternate responsible managing employees.
15d. Any other information deemed necessary by the state fire
16marshal director.
173. Upon receipt of a completed application and prescribed
18fees, if the contractor or installer meets all requirements
19established by this chapter, the state fire marshal director
20 shall issue a certificate to the contractor or installer within
21thirty days.
225. Any change in the information provided in the application
23shall be promptly reported to the state fire marshal director.
24When the employment of a responsible managing employee is
25terminated, the contractor shall notify the state fire marshal
26 director within thirty days after termination.
27 Sec. 1564. Section 100C.4, Code 2023, is amended to read as
28follows:
29100C.4 Insurance.
301. A fire extinguishing system contractor shall maintain
31general and complete operations liability insurance for
32the layout, installation, repair, alteration, addition,
33maintenance, and inspection of automatic fire extinguishing
34systems in an amount determined by the state fire marshal
35 director by rule.
-977- 12. An alarm system contractor shall maintain general
2and complete operations liability insurance for the layout,
3installation, repair, alteration, addition, maintenance, and
4inspection of alarm systems in an amount determined by the
5state fire marshal director by rule.
6 Sec. 1565. Section 100C.5, Code 2023, is amended to read as
7follows:
8100C.5 Suspension and revocation.
91. The state fire marshal director shall suspend or revoke
10the certificate of any contractor or installer who fails to
11maintain compliance with the conditions necessary to obtain a
12certificate. A certificate may also be suspended or revoked
13if any of the following occur:
14a. The employment or relationship of a responsible managing
15employee with a contractor is terminated, unless the contractor
16has included a qualified alternate on the application or an
17application designating a new responsible managing employee is
18filed with the state fire marshal director within six months
19after the termination.
20b. The contractor or installer fails to comply with any
21provision of this chapter.
22c. The contractor or installer fails to comply with any
23other applicable codes and ordinances.
242. If a certificate is suspended pursuant to this section,
25the certificate shall not be reinstated until the condition or
26conditions which led to the suspension have been corrected.
273. The state fire marshal director shall adopt rules
28pursuant to section 100C.7 for the acceptance and processing
29of complaints against certificate holders, for procedures to
30suspend and revoke certificates, and for appeals of decisions
31to suspend or revoke certificates.
32 Sec. 1566. Section 100C.7, Code 2023, is amended to read as
33follows:
34100C.7 Administration — rules.
35The state fire marshal director shall administer this
-978-1chapter and, after consultation with the fire extinguishing
2system contractors and alarm systems advisory board, shall
3adopt rules pursuant to chapter 17A necessary for the
4administration and enforcement of this chapter.
5 Sec. 1567. Section 100C.8, subsection 2, Code 2023, is
6amended to read as follows:
72. The state fire marshal director may impose a civil
8penalty of up to five hundred dollars on any person who
9violates any provision of this chapter for each day a violation
10continues. The state fire marshal director may adopt rules
11necessary to enforce and collect any penalties imposed pursuant
12to this chapter.
13 Sec. 1568. Section 100C.9, Code 2023, is amended to read as
14follows:
15100C.9 Deposit and use of moneys collected.
161. All fees assessed pursuant to this chapter shall be
17retained as repayment receipts by the division of state fire
18marshal in the department of public safety and such fees
19received shall be used exclusively to offset the costs of
20administering this chapter.
212. Notwithstanding section 8.33, fees collected by
22the division of state fire marshal department that remain
23unencumbered or unobligated at the close of the fiscal year
24shall not revert but shall remain available for expenditure for
25the purposes designated in succeeding fiscal years.
26 Sec. 1569. Section 100C.10, subsection 1, Code 2023, is
27amended to read as follows:
281. A fire extinguishing system contractors and alarm
29systems advisory board is established in the division of state
30fire marshal of the department of public safety and shall
31advise the division department on matters pertaining to the
32application and certification of contractors and installers
33pursuant to this chapter.
34 Sec. 1570. Section 100C.10, subsection 2, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-979- 1The board shall consist of eleven voting members appointed
2by the commissioner of public safety director as follows:
3 Sec. 1571. Section 100C.10, subsections 3 and 4, Code 2023,
4are amended to read as follows:
53. The state fire marshal, or the state fire marshal’s
6designee, the director, and the chairperson of the electrical
7examining board created in section 103.2 shall be nonvoting ex
8officio members of the board.
94. The commissioner shall initially appoint two members
10for two-year terms, two members for four-year terms, and three
11members for six-year terms. Following the expiration of the
12terms of initially appointed members, each Each term thereafter
13 shall be for a period of six years. No member shall serve
14more than two consecutive terms. If a position on the board
15becomes vacant prior to the expiration of a member’s term, the
16member appointed to the vacancy shall serve the balance of the
17unexpired term.
18 Sec. 1572. Section 100D.1, subsections 2 and 10, Code 2023,
19are amended to read as follows:
202. “Department” means the department of public safety
21 inspections, appeals, and licensing.
2210. “Responsible managing employee” means an owner, partner,
23officer, or manager employed full-time by a fire extinguishing
24system contractor who is certified by the national institute
25for certification in engineering technologies at a level three
26in fire protection technology, automatic sprinkler system
27layout, or another certification in automatic sprinkler system
28layout recognized by rules adopted by the fire marshal director
29 pursuant to section 100C.7 or who meets any other criteria
30established by rule.
31 Sec. 1573. Section 100D.1, subsection 3, Code 2023, is
32amended by striking the subsection and inserting in lieu
33thereof the following:
343. “Director” means the director of the department of
35inspections, appeals, and licensing or the director’s designee.
-980-1 Sec. 1574. Section 100D.2, subsection 4, Code 2023, is
2amended to read as follows:
34. Licenses shall be issued for a two-year period, and may
4be renewed as established by the state fire marshal director
5 by rule.
6 Sec. 1575. Section 100D.3, Code 2023, is amended to read as
7follows:
8100D.3 Fire protection system installer and maintenance
9worker license.
101. The state fire marshal director shall issue a fire
11protection system installer and maintenance worker license to
12an applicant who meets all of the following requirements:
13a. Has completed a fire protection apprenticeship program
14approved by the United States department of labor, or has
15completed two years of full-time employment or the equivalent
16thereof as a trainee.
17b. Is employed by a fire extinguishing system contractor.
18However, an applicant whose work on extinguishing systems will
19be restricted to systems on property owned or controlled by the
20applicant’s employer may obtain a license if the employer is
21not a certified contractor.
22c. Has received a passing score on the national inspection,
23testing, and certification star fire sprinkler mastery
24exam or on an equivalent exam from a nationally recognized
25third-party testing agency that is approved by the state fire
26marshal director, or is certified at level one by the national
27institute for certification in engineering technologies and as
28specified by rule by the state fire marshal director, or is
29certified by another entity approved by the fire marshal.
302. The state fire marshal director shall issue a fire
31protection system installer and maintenance worker license
32with endorsements restricted to preengineered fire protection
33systems to an applicant who does not meet the requirements of
34subsection 1 but does meet the following requirements:
35a. To be endorsed as a preengineered kitchen fire
-981-1extinguishing system installer, has successfully completed
2training and an examination verified by a preengineered system
3manufacturer, an agent of a preengineered system manufacturer,
4or an organization that is approved by the state fire marshal
5 director.
6b. To be endorsed as a preengineered kitchen fire
7extinguishing system maintenance worker, has successfully
8completed training by the worker’s employer or the system’s
9manufacturer and has passed a written or online examination for
10preengineered kitchen fire extinguishing system maintenance
11that is approved by the state fire marshal director.
12c. To be endorsed as a preengineered industrial fire
13extinguishing system installer, possesses a training and
14examination certification from a preengineered system
15manufacturer, an agent of a preengineered system manufacturer,
16or an organization that is approved by the state fire marshal
17 director.
18d. To be endorsed as a preengineered industrial fire
19extinguishing system maintenance worker, has been trained
20by the worker’s employer and has passed a written or online
21examination for preengineered industrial fire extinguishing
22system maintenance that is approved by the state fire marshal
23 director.
243. The holder of a fire protection system installer and
25maintenance worker license shall be responsible for license
26fees, renewal fees, and continuing education hours.
274. The license of a fire protection system installer
28and maintenance worker licensee who ceases to be employed
29by a fire extinguishing system contractor shall continue to
30be valid until it would otherwise expire, but the licensee
31shall not perform work requiring licensure under this chapter
32until the licensee is again employed by a fire extinguishing
33system contractor. If the licensee becomes employed by a fire
34extinguishing system contractor other than the contractor which
35employed the licensee at the time the license was issued, the
-982-1licensee shall notify the fire marshal director and shall apply
2for an amendment to the license. The fire marshal director
3 may establish by rule a fee for amending a license. This
4subsection shall not extend the time period during which a
5license is valid. This subsection does not apply to a licensee
6whose work on extinguishing systems is restricted to systems on
7property owned or controlled by the licensee’s employer.
85. The fire marshal director, by rule, may restrict
9the scope of work authorized by a license with appropriate
10endorsements.
11 Sec. 1576. Section 100D.4, subsections 1 and 3, Code 2023,
12are amended to read as follows:
131. An applicant for a fire protection system installer and
14maintenance worker license or renewal of an active license
15shall provide evidence of a public liability insurance policy
16and surety bond in an amount determined sufficient by the fire
17marshal director by rule.
183. The insurance and surety bond shall be written by an
19entity licensed to do business in this state and each licensee
20shall maintain on file with the department a certificate
21evidencing the insurance providing that the insurance or surety
22bond shall not be canceled without the entity first giving
23fifteen days written notice to the fire marshal director.
24 Sec. 1577. Section 100D.5, unnumbered paragraph 1, Code
252023, is amended to read as follows:
26The state fire marshal director shall do all of the
27following:
28 Sec. 1578. Section 100D.6, Code 2023, is amended to read as
29follows:
30100D.6 Penalties.
31The state fire marshal director may impose a civil penalty
32of up to five hundred dollars on any person who violates any
33provision of this chapter for each day a violation continues.
34The state fire marshal director may adopt rules necessary to
35enforce and collect any penalties imposed pursuant to this
-983-1chapter.
2 Sec. 1579. Section 100D.7, Code 2023, is amended to read as
3follows:
4100D.7 Deposit and use of moneys collected.
51. The state fire marshal director shall set the license
6fees and renewal fees for all licenses issued pursuant to this
7chapter, by rule, based upon the actual costs of licensing.
82. All fees assessed pursuant to this chapter shall be
9retained as repayment receipts by the division of state fire
10marshal in the department of public safety and such fees
11received shall be used exclusively to offset the costs of
12administering this chapter.
133. Notwithstanding section 8.33, fees collected by
14the division of state fire marshal department that remain
15unencumbered or unobligated at the close of the fiscal year
16shall not revert but shall remain available for expenditure
17for the purposes designated until the close of the succeeding
18fiscal year.
19 Sec. 1580. Section 100D.10, Code 2023, is amended to read
20as follows:
21100D.10 Reciprocal licenses.
22To the extent that another state provides for the licensing
23of fire protection system installers and maintenance workers
24or similar action, the state fire marshal director may issue
25a fire protection system installer and maintenance worker
26license, without examination, to a nonresident fire protection
27system installer and maintenance worker who has been licensed
28by such other state for at least three years provided such
29other state grants the same reciprocal licensing privileges to
30residents of Iowa who have obtained a fire protection system
31installer and maintenance worker license upon payment by
32the applicant of the required fee and upon furnishing proof
33that the qualifications of the applicant are equal to the
34qualifications of holders of similar licenses in this state.
35 Sec. 1581. Section 100D.13, subsections 1 and 2, Code 2023,
-984-1are amended to read as follows:
21. The state fire marshal director may issue a temporary
3fire protection system installer and maintenance worker license
4to a person, providing that all of the following conditions are
5met:
6a. The person is currently licensed or certified to perform
7work as a fire protection system installer and maintenance
8worker in another state.
9b. The person meets any additional criteria for a temporary
10license established by the state fire marshal director by rule.
11c. The person provides all information required by the state
12fire marshal director.
13d. The person has paid the fee for a temporary license,
14which fee shall be established by the state fire marshal
15 director by rule.
16e. The person intends to perform work as a fire protection
17system installer and maintenance worker only in areas of this
18state which are covered by a disaster emergency declaration
19issued by the governor pursuant to section 29C.6.
202. A temporary license issued pursuant to this section shall
21be valid for ninety days. The state fire marshal director may
22establish criteria and procedures for the extension of such
23licenses for additional periods, which in no event shall exceed
24ninety days.
25 Sec. 1582. Section 101.1, subsection 1, Code 2023, is
26amended to read as follows:
271. The state fire marshal director is hereby empowered and
28directed to formulate and adopt and from time to time amend or
29revise and to promulgate, in conformity with and subject to the
30conditions set forth in this chapter, reasonable rules for the
31safe transportation, storage, handling, and use of combustible
32liquids, flammable liquids, liquefied petroleum gases, and
33liquefied natural gases.
34 Sec. 1583. Section 101.1, subsection 2, Code 2023, is
35amended by adding the following new paragraph:
-985-1 NEW PARAGRAPH. 0b. “Director” means the director of the
2department of inspections, appeals, and licensing or the
3director’s designee.
4 Sec. 1584. Section 101.5A, Code 2023, is amended to read as
5follows:
6101.5A Shared public petroleum storage facilities.
7The state fire marshal director shall permit by rule the
8shared ownership, operation, or cooperative use of a publicly
9owned petroleum storage or dispensing facility by more than one
10public agency or political subdivision in order to maximize the
11opportunity for cooperation, to avoid unnecessary duplication
12of facilities posing both an environmental and fire hazard,
13and to minimize the cost of providing public services. Shared
14or cooperative use is not a violation of chapter 23A, even
15if one public agency or political subdivision compensates
16another public agency or political subdivision for the use or
17for petroleum dispensed. A publicly owned petroleum storage
18facility subject to this section may use aboveground or
19underground storage tanks, or a combination of both.
20 Sec. 1585. Section 101.8, Code 2023, is amended to read as
21follows:
22101.8 Assistance by local officials.
23The chief fire prevention officer of every city or village
24having an established fire prevention department, the chief of
25the fire department of every other city or village in which
26a fire department is established, the mayor of every city in
27which no fire department exists, the township clerk of every
28township outside the limits of any city or village and all
29other local officials upon whom fire prevention duties are
30imposed by law shall assist the state fire marshal director in
31the enforcement of the rules.
32 Sec. 1586. Section 101.9, Code 2023, is amended to read as
33follows:
34101.9 Repairs ordered by fire marshal director.
35If the state fire marshal director has reasonable grounds
-986-1for believing after conducting tests that a leak exists in
2a flammable or combustible liquid storage tank or in the
3distribution system of a flammable or combustible liquid
4storage tank the state fire marshal director shall issue a
5written order to the owner or lessee of the storage tank or
6distribution system requiring the storage tank and distribution
7system be emptied and removed or repaired immediately upon
8receipt of the written order.
9 Sec. 1587. Section 101.10, Code 2023, is amended to read as
10follows:
11101.10 Assistance of department of natural resources.
12If the state fire marshal director has reasonable grounds
13for believing that a leak constitutes a hazardous condition
14which threatens the public health and safety, the fire marshal
15 director may request the assistance of the department of
16natural resources, and upon such request the department of
17natural resources is empowered to eliminate the hazardous
18condition as provided in chapter 455B, subchapter IV, part
194, the provisions of section 455B.390, subsection 3, to the
20contrary notwithstanding.
21 Sec. 1588. Section 101.12, subsections 1 and 2, Code 2023,
22are amended to read as follows:
231. An aboveground flammable or combustible liquid storage
24tank may be installed at a retail motor vehicle fuel outlet,
25subject to rules adopted by the state fire marshal director.
262. Rules adopted by the state fire marshal director
27 pursuant to this section shall be in substantial compliance
28with the applicable standards of the national fire protection
29association.
30 Sec. 1589. Section 101.21, subsection 6, Code 2023, is
31amended by striking the subsection.
32 Sec. 1590. Section 101.22, subsections 1, 2, 3, 4, and 7,
33Code 2023, are amended to read as follows:
341. Except as provided in subsection 2, the owner or operator
35of an aboveground flammable or combustible liquid storage tank
-987-1existing on July 1, 2010, shall notify the state fire marshal
2 director in writing by October 1, 2010, of the existence of
3each tank and specify the age, size, type, location, and uses
4of the tank.
52. The owner of an aboveground flammable or combustible
6liquid storage tank taken out of operation on or before July 1,
72010, shall notify the state fire marshal director in writing
8by October 1, 2010, of the existence of the tank unless the
9owner knows the tank has been removed from the site. The
10notice shall specify, to the extent known to the owner, the
11date the tank was taken out of operation, the age of the
12tank on the date taken out of operation, the size, type, and
13location of the tank, and the type and quantity of substances
14left stored in the tank on the date that it was taken out of
15operation.
163. An owner or operator who brings into use an aboveground
17flammable or combustible liquid storage tank after July 1,
182010, shall notify the state fire marshal director in writing
19within thirty days of the existence of the tank and specify the
20age, size, type, location, and uses of the tank.
214. The registration notice of the owner or operator to the
22state fire marshal director under subsections 1 through 3 shall
23be accompanied by an annual fee of twenty dollars for each tank
24included in the notice. All moneys collected shall be retained
25by the department of public safety inspections, appeals, and
26licensing and are appropriated for the use of the state fire
27marshal director. The annual renewal fee applies to all owners
28or operators who file a registration notice with the state fire
29marshal pursuant to subsections 1 through 3.
307. a. The state fire marshal director shall furnish the
31owner or operator of an aboveground flammable or combustible
32liquid storage tank with a registration tag for each
33aboveground flammable or combustible liquid storage tank
34registered with the state fire marshal director.
35b. The owner or operator shall affix the tag to the fill
-988-1pipe of each registered aboveground flammable or combustible
2liquid storage tank.
3 Sec. 1591. Section 101.23, Code 2023, is amended to read as
4follows:
5101.23 State fire marshal Director reporting rules.
6The state fire marshal director shall adopt rules pursuant
7to chapter 17A relating to reporting requirements necessary to
8enable the state fire marshal director to maintain an accurate
9inventory of aboveground flammable or combustible liquid
10storage tanks.
11 Sec. 1592. Section 101.24, Code 2023, is amended to read as
12follows:
13101.24 Duties and powers of the state fire marshal director.
14The state fire marshal director shall:
151. Inspect and investigate the facilities and records of
16owners and operators of aboveground flammable or combustible
17liquid storage tanks with a capacity of fifteen thousand or
18more gallons, as necessary to determine compliance with this
19subchapter and the rules adopted pursuant to this subchapter.
20An inspection or investigation shall be conducted subject to
21subsection 4. For purposes of developing a rule, maintaining
22an accurate inventory, or enforcing this subchapter, the
23department of inspections, appeals, and licensing may:
24a. Enter at reasonable times an establishment or other place
25where an aboveground storage tank is located.
26b. Inspect and obtain samples from any person of flammable
27or combustible liquid or another regulated substance and
28conduct monitoring or testing of the tanks, associated
29equipment, contents, or surrounding soils, air, surface water,
30and groundwater. Each inspection shall be commenced and
31completed with reasonable promptness.
32(1) If the state fire marshal director obtains a sample,
33prior to leaving the premises, the fire marshal director
34 shall give the owner, operator, or agent in charge a receipt
35describing the sample obtained and if requested a portion of
-989-1each sample equal in volume or weight to the portion retained.
2If the sample is analyzed, a copy of the results of the
3analysis shall be furnished promptly to the owner, operator,
4or agent in charge.
5(2) Documents or information obtained from a person under
6this subsection shall be available to the public except as
7provided in this subparagraph. Upon a showing satisfactory
8to the state fire marshal director by a person that public
9disclosure of documents or information, or a particular
10part of the documents or information to which the state fire
11marshal director has access under this subsection would divulge
12commercial or financial information entitled to protection as a
13trade secret, the state fire marshal director shall consider
14the documents or information or the particular portion of the
15documents or information confidential. However, the documents
16or information may be disclosed to officers, employees, or
17authorized representatives of the United States charged with
18implementing the federal Solid Waste Disposal Act, to employees
19of the state of Iowa or of other states when the document or
20information is relevant to the discharge of their official
21duties, and when relevant in a proceeding under the federal
22Solid Waste Disposal Act or this subchapter.
232. Maintain an accurate inventory of aboveground flammable
24or combustible liquid storage tanks.
253. Take any action allowed by law which, in the state fire
26marshal’s director’s judgment, is necessary to enforce or
27secure compliance with this subchapter or any rule adopted
28pursuant to this subchapter.
294. Conduct investigations of complaints received directly,
30referred by other agencies, or other investigations deemed
31necessary. While conducting an investigation, the state fire
32marshal director may enter at any reasonable time in and upon
33any private or public property to investigate any actual or
34possible violation of this subchapter or the rules or standards
35adopted under this subchapter. However, the owner or person in
-990-1charge shall be notified.
2a. If the owner or operator of any property refuses
3admittance, or if prior to such refusal the state fire marshal
4 director demonstrates the necessity for a warrant, the state
5fire marshal may make application under oath or affirmation
6to the district court of the county in which the property is
7located for the issuance of a search warrant.
8b. In the application the state fire marshal director shall
9state that an inspection of the premises is mandated by the
10laws of this state or that a search of certain premises, areas,
11or things designated in the application may result in evidence
12tending to reveal the existence of violations of public health,
13safety, or welfare requirements imposed by statutes, rules, or
14ordinances established by the state or a political subdivision
15of the state. The application shall describe the area,
16premises, or thing to be searched, give the date of the last
17inspection if known, give the date and time of the proposed
18inspection, declare the need for such inspection, recite that
19notice of the desire to make an inspection has been given to
20affected persons and that admission was refused if that be the
21fact, and state that the inspection has no purpose other than
22to carry out the purpose of the statute, rule, or ordinance
23pursuant to which inspection is to be made. If an item of
24property is sought by the state fire marshal director, it shall
25be identified in the application.
26c. If the court is satisfied from the examination of
27the applicant, and of other witnesses, if any, and of the
28allegations of the application of the existence of the grounds
29of the application, or that there is probable cause to believe
30in their existence, the court may issue a search warrant.
31d. In making inspections and searches pursuant to the
32authority of this subchapter, the state fire marshal director
33 must execute the warrant as follows:
34(1) Within ten days after its date.
35(2) In a reasonable manner, and any property seized shall
-991-1be treated in accordance with the provisions of chapters 808
2and 809.
3(3) Subject to any restrictions imposed by the statute, rule
4or ordinance pursuant to which inspection is made.
5 Sec. 1593. Section 101.25, Code 2023, is amended to read as
6follows:
7101.25 Violations — orders.
81. If substantial evidence exists that a person has
9violated or is violating a provision of this subchapter or
10a rule adopted under this subchapter the state fire marshal
11 director may issue an order directing the person to desist
12in the practice which constitutes the violation, and to take
13corrective action as necessary to ensure that the violation
14will cease, and may impose appropriate administrative penalties
15pursuant to section 101.26. The person to whom the order is
16issued may appeal the order as provided in chapter 17A. On
17appeal, the administrative law judge may affirm, modify, or
18vacate the order of the state fire marshal director.
192. However, if it is determined by the state fire marshal
20 director that an emergency exists respecting any matter
21affecting or likely to affect the public health, the fire
22marshal director may issue any order necessary to terminate
23the emergency without notice and without hearing. The order
24is binding and effective immediately and until the order is
25modified or vacated at an administrative hearing or by a
26district court.
273. The state fire marshal director may request the attorney
28general to institute legal proceedings pursuant to section
29101.26.
30 Sec. 1594. Section 101.26, Code 2023, is amended to read as
31follows:
32101.26 Penalties — burden of proof.
331. A person who violates this subchapter or a rule adopted
34or order issued pursuant to this subchapter is subject to a
35civil penalty not to exceed one hundred dollars for each day
-992-1during which the violation continues, up to a maximum of one
2thousand dollars; however, if the tank is registered within
3thirty days after the state fire marshal director issues a
4cease and desist order pursuant to section 101.25, subsection
51, the civil penalty under this section shall not accrue. The
6civil penalty is an alternative to a criminal penalty provided
7under this subchapter.
82. A person who knowingly fails to notify or makes a false
9statement, representation, or certification in a record,
10report, or other document filed or required to be maintained
11under this subchapter, or violates an order issued under this
12subchapter, is guilty of an aggravated misdemeanor.
133. The attorney general, at the request of the state fire
14marshal director, shall institute any legal proceedings,
15including an action for an injunction, necessary to enforce the
16penalty provisions of this subchapter or to obtain compliance
17with the provisions of this subchapter or rules adopted or
18order pursuant to this subchapter. In any action, previous
19findings of fact of the state fire marshal director after
20notice and hearing are conclusive if supported by substantial
21evidence in the record when the record is viewed as a whole.
224. In all proceedings with respect to an alleged violation
23of this subchapter or a rule adopted or order issued by the
24state fire marshal director pursuant to this subchapter, the
25burden of proof is upon the state fire marshal director.
265. If the attorney general has instituted legal proceedings
27in accordance with this section, all related issues which could
28otherwise be raised by the alleged violator in a proceeding for
29judicial review under section 101.27 shall be raised in the
30legal proceedings instituted in accordance with this section.
31 Sec. 1595. Section 101.27, Code 2023, is amended to read as
32follows:
33101.27 Judicial review.
34Except as provided in section 101.26, subsection 5,
35judicial review of an order or other action of the state fire
-993-1marshal director may be sought in accordance with chapter 17A.
2Notwithstanding chapter 17A, the Iowa administrative procedure
3Act, petitions for judicial review may be filed in the district
4court of the county in which the alleged offense was committed
5or the final order was entered.
6 Sec. 1596. Section 101A.1, subsections 2, 6, and 7, Code
72023, are amended to read as follows:
82. “Commercial license” or “license” means a license issued
9by the state fire marshal director pursuant to this chapter.
106. “Licensee” means a person holding a commercial license
11issued by the state fire marshal director pursuant to this
12chapter.
137. “Magazine” means any building or structure, other than an
14explosives manufacturing building, approved by the state fire
15marshal director or the fire marshal’s director’s designated
16agent for the storage of explosive materials.
17 Sec. 1597. Section 101A.1, Code 2023, is amended by adding
18the following new subsection:
19 NEW SUBSECTION. 2A. “Director” means the director of
20the department of inspections, appeals, and licensing or the
21director’s designee.
22 Sec. 1598. Section 101A.2, subsections 1 and 2, Code 2023,
23are amended to read as follows:
241. The state fire marshal director shall issue commercial
25licenses for the manufacture, importation, distribution, sale,
26and commercial use of explosives to persons who, in the state
27fire marshal’s director’s discretion are of good character
28and sound judgment, and have sufficient knowledge of the
29use, handling, and storage of explosive materials to protect
30the public safety. Licenses shall be issued for a period of
31three years, but may be issued for shorter periods, and may be
32revoked or suspended by the state fire marshal director for any
33of the following reasons:
34a. Falsification of information submitted in the application
35for a license.
-994- 1b. Proof that the licensee has violated any provisions of
2this chapter or any rules prescribed by the state fire marshal
3 director pursuant to the provisions of this chapter.
4c. The results of a national criminal history check
5conducted pursuant to subsection 3.
62. Licenses shall be issued by the state fire marshal
7 director upon payment of a fee of sixty dollars, valid for a
8period of three calendar years, commencing on January 1 of the
9first year and terminating on December 31 of the third year.
10However, an initial license may be issued during a calendar
11year for the number of months remaining in such calendar year
12and the following two years, computed to the first day of the
13month when the application for the license is approved. The
14license fee shall be charged on a pro rata basis for the number
15of months remaining in the period of issue. Applications for
16renewal of licenses shall be submitted within thirty days prior
17to the license expiration date and shall be accompanied by
18payment of the prescribed fee.
19 Sec. 1599. Section 101A.3, subsections 1 and 2, Code 2023,
20are amended to read as follows:
211. User’s permits to purchase, possess, transport, store,
22and detonate explosive materials shall be issued by the sheriff
23of the county or the chief of police of a city of ten thousand
24population or more where the possession and detonation will
25occur. If the possession and detonation are to occur in more
26than one county or city, then such permits must be issued by
27the sheriff or chief of police of each of such counties or
28cities, except in counties and cities in which the explosives
29are possessed for the sole purpose of transporting them
30through such counties and cities. A permit shall not be issued
31unless the sheriff or chief of police having jurisdiction is
32satisfied that possession and detonation of explosive materials
33is necessary to the applicant’s business or to improve the
34applicant’s property. Permits shall be issued only to persons
35who, in the discretion of the sheriff or chief of police, are
-995-1of good character and sound judgment, and have sufficient
2knowledge of the use and handling of explosive materials to
3protect the public safety. Applicants shall be subject to the
4criminal history check provisions of section 101A.2, subsection
53. The state fire marshal director shall prescribe, have
6printed, and distribute permit application forms to all local
7permit issuing authorities.
82. The user’s permit shall state the quantity of explosive
9materials which the permittee may purchase, the amount the
10permittee may have in possession at any one time, the amount
11the permittee may detonate at any one time, and the period of
12time during which the purchase, possession, and detonation
13of explosive materials is authorized. The permit shall also
14specify the place where detonation may occur, the location and
15description of the place where the explosive materials will
16be stored, if such be the case, and shall contain such other
17information as may be required under the rules and regulations
18of the state fire marshal director. The permit shall not
19authorize purchase, possession, and detonation of a quantity of
20explosive materials in excess of that which is necessary in the
21pursuit of the applicant’s business or the improvement of the
22permittee’s property, nor shall such purchase, possession, and
23detonation be authorized for a period longer than is necessary
24for the specified purpose. In no event shall the permit be
25valid for more than thirty days from date of issuance but it
26may be renewed upon proper showing of necessity.
27 Sec. 1600. Section 101A.4, subsection 1, Code 2023, is
28amended to read as follows:
291. Judicial review of the action of the state fire marshal
30 director may be sought in accordance with the terms of the Iowa
31administrative procedure Act, chapter 17A.
32 Sec. 1601. Section 101A.5, Code 2023, is amended to read as
33follows:
34101A.5 Rules — director duties.
351. The state fire marshal director shall adopt rules
-996-1pursuant to chapter 17A pertaining to the manufacture,
2transportation, storage, possession, and use of explosive
3materials. Rules adopted by the state fire marshal director
4 shall be compatible with, but not limited to, the national
5fire protection association’s pamphlet number 495 and federal
6rules pertaining to commerce, possession, storage, and use of
7explosive materials. Such rules shall do all of the following:
81. a. Prescribe reasonable standards for the safe
9transportation and handling of explosive materials so as to
10prevent accidental fires and explosions and prevent theft and
11unlawful or unauthorized possession of explosive materials.
122. b. Prescribe procedures and methods of inventory so
13as to assure accurate records of all explosive materials
14manufactured or imported into the state and records of the
15disposition of such explosive materials, including records of
16the identity of persons to whom sales and transfers are made,
17and the time and place of any loss or destruction of explosive
18materials which might occur.
193. c. Prescribe reasonable standards for the safe
20storage of explosive materials as may be necessary to prevent
21accidental fires and explosions and prevent thefts and unlawful
22or unauthorized possession of explosive materials.
234. d. Require such reports from licensees, permittees,
24sheriffs, and chiefs of police as may be necessary for the
25state fire marshal director to discharge the fire marshal’s
26 director’s duties pursuant to this chapter.
275. e. Prescribe the form and content of license and permit
28applications.
296. 2. Conduct The director shall conduct such inspections
30of licensees and permittees as may be necessary to enforce the
31provisions of this chapter.
32 Sec. 1602. Section 101A.7, Code 2023, is amended to read as
33follows:
34101A.7 Inspection of storage facility.
351. The licensee’s or permittee’s explosives storage
-997-1facility shall be inspected at least once a year by a
2representative of the state fire marshal’s office department
3of inspections, appeals, and licensing, except that the state
4fire marshal director may, at those mining operations licensed
5and regulated by the United States department of labor, accept
6an approved inspection report issued by the United States
7department of labor, mine safety and health administration, for
8the twelve-month period following the issuance of the report.
9The state fire marshal director shall notify the appropriate
10city or county governing board of licenses to be issued in
11their respective jurisdictions pursuant to this chapter. The
12notification shall contain the name of the applicant to be
13licensed, the location of the facilities to be used in storing
14explosives, the types and quantities of explosive materials to
15be stored, and other information deemed necessary by either
16the governing boards or the state fire marshal director. The
17facility may be examined at other times by the sheriff of the
18county where the facility is located or by the local police
19authority if the facility is located within a city of over
20ten thousand population and if the sheriff or city council
21considers it necessary.
222. If the state fire marshal director finds the facility
23to be improperly secured, the licensee or permittee shall
24immediately correct the improper security and, if not so
25corrected, the state fire marshal director shall immediately
26confiscate the stored explosives. Explosives may be
27confiscated by the county sheriff or local police authority
28only if a situation that is discovered during an examination by
29those authorities is deemed to present an immediate danger. If
30the explosives are confiscated by the county sheriff or local
31police authority, they shall be delivered to the state fire
32marshal director. The state fire marshal director shall hold
33confiscated explosives for a period of thirty days under proper
34security unless the period of holding is shortened pursuant to
35this section.
-998- 13. If the licensee or permittee corrects the improper
2security within the thirty-day period, the explosives shall
3be returned to the licensee or permittee after correction and
4after the licensee or permittee has paid to the state an amount
5equal to the expense incurred by the state in storing the
6explosives during the period of confiscation. The amount of
7expense shall be determined by the state fire marshal director.
84. If the improper security is not corrected during the
9thirty-day period, the state fire marshal director shall
10dispose of the explosives and the license or permit shall be
11canceled. A canceled license or permit shall not be reissued
12for a period of two years from the date of cancellation.
13 Sec. 1603. Section 101A.8, Code 2023, is amended to read as
14follows:
15101A.8 Report of theft or loss required.
16Any theft or loss of explosive materials, whether from
17a storage magazine, a vehicle in which they are being
18transported, or from a site on which they are being used,
19or from any other location, shall immediately be reported by
20the person authorized to possess such explosives to the local
21police or county sheriff. The local police or county sheriff
22shall immediately transmit a report of such theft or loss of
23explosive materials to the state fire marshal director.
24 Sec. 1604. Section 101A.9, Code 2023, is amended to read as
25follows:
26101A.9 Disposal regulated.
27No person shall abandon or otherwise dispose of any
28explosives in any manner which might, as the result of such
29abandonment or disposal, create any danger or threat of danger
30to life or property. Any person in possession or control of
31explosives shall, when the need for such explosives no longer
32exists, dispose of them in accordance with rules prescribed by
33the state fire marshal director.
34 Sec. 1605. Section 101A.10, Code 2023, is amended to read
35as follows:
-999- 1101A.10 Persons and agencies exempt.
2This chapter shall not apply to the transportation and
3use of explosive materials by the regular military or naval
4forces of the United States, the duly organized militia of this
5state, representatives of the state fire marshal director, the
6state patrol, division of criminal investigation, local police
7departments, sheriffs departments, and fire departments acting
8in their official capacity; nor shall this chapter apply to
9the transportation and use of explosive materials by any peace
10officer to enforce provisions of this chapter when the peace
11officer is acting pursuant to such authority, however, other
12agencies of the state or any of its political subdivisions
13desiring to purchase, possess, transport, or use explosive
14materials for construction or other purposes shall be required
15to obtain user’s permits.
16 Sec. 1606. Section 101A.12, Code 2023, is amended to read
17as follows:
18101A.12 Deposit and use of fees.
19The fees collected by the state fire marshal director in
20issuing licenses pursuant to this chapter shall be deposited in
21the state general fund.
22 Sec. 1607. Section 101A.14, subsection 2, Code 2023, is
23amended to read as follows:
242. Any person who violates the provisions of section 101A.6,
25101A.8 or 101A.9 or any of the rules adopted by the state fire
26marshal director pursuant to the provisions of this chapter,
27commits a simple misdemeanor.
28 Sec. 1608. Section 101B.2, subsection 3, Code 2023, is
29amended to read as follows:
303. “Department” means the department of public safety
31 inspections, appeals, and licensing.
32 Sec. 1609. Section 101B.3, subsection 4, Code 2023, is
33amended to read as follows:
344. The department of public safety shall administer
35this chapter and may adopt rules pursuant to chapter 17A to
-1000-1administer this chapter. This chapter shall be implemented in
2accordance with the implementation and substance of the New
3York fire safety standards for cigarettes.
4 Sec. 1610. Section 101B.6, subsection 2, Code 2023, is
5amended to read as follows:
62. A wholesaler or agent shall provide a copy of the
7cigarette packaging markings received from a manufacturer to
8all retailers to whom the wholesaler or agent sells cigarettes.
9A wholesaler, agent, or retailer shall permit the state fire
10marshal department, department of revenue, or the office of the
11attorney general to inspect markings of cigarette packaging
12marked in accordance with section 101B.7.
13 Sec. 1611. Section 101B.8, subsections 7, 8, and 9, Code
142023, are amended to read as follows:
157. In addition to any other remedy provided by law, the
16department of public safety or the office of the attorney
17general may file an action in district court for a violation of
18this chapter, including petitioning for injunctive relief or to
19recover any costs or damages suffered by the state because of a
20violation of this chapter, including enforcement costs relating
21to the specific violation and attorney fees. Each violation of
22the chapter or of rules adopted under this chapter constitutes
23a separate civil violation for which the department of public
24safety or the office of the attorney general may seek relief.
258. The department of revenue in the regular course of
26conducting inspections of a wholesaler, agent, or retailer
27may inspect cigarettes in the possession or control of the
28wholesaler, agent, or retailer or on the premises of any
29wholesaler, agent, or retailer to determine if the cigarettes
30are marked as required pursuant to section 101B.7. If the
31cigarettes are not marked as required, the department of
32revenue shall notify the department of public safety.
339. To enforce the provisions of this chapter, the department
34of public safety and the office of the attorney general may
35examine the books, papers, invoices, and other records of any
-1001-1person in possession, control, or occupancy of any premises
2where cigarettes are placed, sold, or offered for sale,
3including the stock of cigarettes on the premises.
4 Sec. 1612. Section 101B.10, subsection 1, Code 2023, is
5amended to read as follows:
61. This chapter shall cease to be applicable if federal
7fire safety standards for cigarettes that preempt this chapter
8are enacted and take effect subsequent to January 1, 2009, and
9the state fire marshal department shall notify the secretary of
10state and the Code editor if such federal fire safety standards
11for cigarettes are enacted.
12 Sec. 1613. Section 103.1, Code 2023, is amended by adding
13the following new subsections:
14 NEW SUBSECTION. 6A. “Department” means the department of
15inspections, appeals, and licensing.
16 NEW SUBSECTION. 6B. “Director” means the director of
17the department of inspections, appeals, and licensing or the
18director’s designee.
19 Sec. 1614. Section 103.2, subsection 1, Code 2023, is
20amended to read as follows:
211. An electrical examining board is created within the
22division of state fire marshal of the department of public
23safety. The board shall consist of eleven voting members
24appointed by the governor and subject to senate confirmation,
25all of whom shall be residents of this state. Except for the
26board member enumerated in subsection 2, paragraph “e”, members
27shall be appointed by the governor and subject to senate
28confirmation.
29 Sec. 1615. Section 103.2, Code 2023, is amended by adding
30the following new subsection:
31 NEW SUBSECTION. 2A. a. The board shall elect annually from
32its members a chairperson and a vice chairperson.
33b. The board shall hold at least one meeting quarterly at
34the location of the board’s principal office, and meetings
35shall be called at other times by the chairperson or four
-1002-1members of the board. At any meeting of the board, a majority
2of members constitutes a quorum.
3 Sec. 1616. Section 103.4, Code 2023, is amended by striking
4the section and inserting in lieu thereof the following:
5103.4 Executive secretary — staff and duties.
6The director shall appoint an executive secretary for the
7board and shall hire and provide staff to assist the board
8in administering this chapter. The executive secretary
9shall report to the director for purposes of routine board
10administrative functions, and shall report directly to
11the board for purposes of execution of board policy such
12as application of licensing criteria and processing of
13applications.
14 Sec. 1617. Section 103.7, Code 2023, is amended to read as
15follows:
16103.7 Electrician and installer licensing and inspection
17fund.
18An electrician and installer licensing and inspection fund
19is created in the state treasury as a separate fund under the
20control of the board. All licensing, examination, renewal,
21and inspection fees shall be deposited into the fund and
22retained by and for the use of the board. Expenditures from
23the fund shall be approved by the sole authority of the board
24in consultation with the state fire marshal director. Amounts
25deposited into the fund shall be considered repayment receipts
26as defined in section 8.2. Notwithstanding section 8.33, any
27balance in the fund on June 30 of each fiscal year shall not
28revert to the general fund of the state, but shall remain
29available for the purposes of this chapter in subsequent fiscal
30years. Notwithstanding section 12C.7, subsection 2, interest
31or earnings on moneys deposited in the fund shall be credited
32to the fund.
33 Sec. 1618. Section 103.14, Code 2023, is amended to read as
34follows:
35103.14 Alarm installations.
-1003- 1A person who is not licensed pursuant to this chapter may
2plan, lay out, or install electrical wiring, apparatus, and
3equipment for components of alarm systems that operate at
4seventy volt/amps (VA) or less, only if the person is certified
5to conduct such work pursuant to chapter 100C. Installations
6of alarm systems that operate at seventy volt/amps (VA) or less
7are subject to inspection by state inspectors as provided in
8section 103.31, except that reports of such inspections, if
9the installation being inspected was performed by a person
10certified pursuant to chapter 100C, shall be submitted to
11the state fire marshal director and any action taken on a
12report of an inspection of an installation performed by a
13person certified pursuant to chapter 100C shall be taken by
14or at the direction of the state fire marshal, unless the
15installation has been found to exceed the authority granted to
16the certificate holder pursuant to chapter 100C and therefore
17to be in violation of this chapter.
18 Sec. 1619. Section 103.25, subsection 1, Code 2023, is
19amended to read as follows:
201. At or before commencement of any installation required
21to be inspected by the board, the licensee or property owner
22making such installation shall submit to the state fire
23marshal’s office department a request for inspection. The
24board shall prescribe the methods by which the request may be
25submitted, which may include electronic submission or through
26a form prescribed by the board that can be submitted either
27through the mail or by a fax transmission. The board shall
28also prescribe methods by which inspection fees can be paid,
29which may include electronic methods of payment. If the board
30or the state fire marshal’s office department becomes aware
31that a person has failed to file a necessary request for
32inspection, the board shall send a written notification by
33certified mail that the request must be filed within fourteen
34days. Any person filing a late request for inspection shall
35pay a delinquency fee in an amount to be determined by the
-1004-1board. A person who fails to file a late request within
2fourteen days from receipt of the notification shall be subject
3to a civil penalty to be determined by the board by rule.
4 Sec. 1620. Section 103.26, Code 2023, is amended to read as
5follows:
6103.26 Condemnation — disconnection — opportunity to
7correct noncompliance.
8If the inspector finds that any installation or portion of
9an installation is not in compliance with accepted standards
10of construction for health safety and property safety, based
11upon minimum standards set forth in the local electrical
12code or the national electrical code adopted by the board
13pursuant to section 103.6, the inspector shall by written
14order condemn the installation or noncomplying portion or
15order service to such installation disconnected and shall
16send a copy of such order to the board, the state fire
17marshal director, and the electrical utility supplying power
18involved. If the installation or the noncomplying portion is
19such as to seriously and proximately endanger human health
20or property, the order of the inspector when approved by the
21inspector’s supervisor shall require immediate condemnation
22and disconnection by the applicant. In all other cases, the
23order of the inspector shall establish a reasonable period
24of time for the installation to be brought into compliance
25with accepted standards of construction for health safety and
26property safety prior to the effective date established in such
27order for condemnation or disconnection.
28 Sec. 1621. Section 103.31, subsections 3, 4, and 5, Code
292023, are amended to read as follows:
303. State inspection procedures and policies shall be
31established by the board. The state fire marshal director, or
32the state fire marshal’s director’s designee, shall enforce
33the procedures and policies, and enforce the provisions of the
34national electrical code adopted by the board.
354. Except when an inspection reveals that an installation or
-1005-1portion of an installation is not in compliance with accepted
2standards of construction for health safety and property
3safety, based upon minimum standards set forth in the local
4electrical code or the national electrical code adopted by
5the board pursuant to section 103.6, such that an order of
6condemnation or disconnection is warranted pursuant to section
7103.26, an inspector shall not add to, modify, or amend a
8construction plan as originally approved by the state fire
9marshal director or the state building code commissioner in the
10course of conducting an inspection.
115. Management and supervision of inspectors, including
12hiring decisions, disciplinary action, promotions, and work
13schedules are the responsibility of the state fire marshal
14 director acting in accordance with applicable law and pursuant
15to any applicable collective bargaining agreement. The state
16fire marshal director and the board shall jointly determine
17work territories, regions, or districts for inspectors
18and continuing education and ongoing training requirements
19applicable to inspectors. An inspector subject to disciplinary
20action pursuant to this subsection shall be entitled to an
21appeal according to the procedure set forth in section 103.34
22and judicial review pursuant to section 17A.19.
23 Sec. 1622. Section 103.32, subsection 3, Code 2023, is
24amended to read as follows:
253. When an inspection is requested by a property owner,
26the minimum fee shall be thirty dollars plus five dollars
27per branch circuit or feeder. The fee for fire and accident
28inspections shall be computed at the rate of forty-seven
29dollars per hour, and mileage and other expenses shall be
30reimbursed as provided by the office of the state fire marshal
31 department.
32 Sec. 1623. Section 103.33, subsection 1, Code 2023, is
33amended to read as follows:
341. Any person aggrieved by a condemnation or disconnection
35order issued by the state fire marshal’s office department may
-1006-1appeal from the order by filing a written notice of appeal with
2the board within ten days after the date the order was served
3upon the property owner or within ten days after the order was
4filed with the board, whichever is later.
5 Sec. 1624. Section 103A.3, Code 2023, is amended by adding
6the following new subsections:
7 NEW SUBSECTION. 6A. “Department” means the department of
8inspections, appeals, and licensing.
9 NEW SUBSECTION. 6B. “Director” means the director of
10the department of inspections, appeals, and licensing or the
11director’s designee.
12 Sec. 1625. Section 103A.4, Code 2023, is amended to read as
13follows:
14103A.4 Building code commissioner.
15The commissioner of public safety director, in addition
16to other duties, shall serve as the state building code
17commissioner or may designate a building code commissioner.
18 Sec. 1626. Section 103A.23, subsection 1, Code 2023, is
19amended to read as follows:
201. For the purpose of obtaining revenue to defray the
21costs of administering the provisions of this chapter, the
22commissioner shall establish by rule a schedule of fees based
23upon the costs of administration which fees shall be collected
24from persons whose manufacture, installation, or construction
25is subject to the provisions of the state building code. For
26the performance of building plan reviews by the department
27of public safety, the commissioner shall establish by rule a
28fee, chargeable to the owner of the building, which shall be
29equal to a percentage of the estimated total valuation of the
30building and which shall be in an amount reasonably related to
31the cost of conducting the review.
32 Sec. 1627. Section 103A.54, Code 2023, is amended to read
33as follows:
34103A.54 Fees.
35Notwithstanding section 103A.23, the department of
-1007-1public safety shall retain all fees collected pursuant to
2this subchapter and the fees retained are appropriated to
3the commissioner to administer the licensing program and
4the certification program for manufactured or mobile home
5installers, including the employment of personnel for the
6enforcement and administration of such programs.
7 Sec. 1628. Section 105.2, subsection 4, Code 2023, is
8amended to read as follows:
94. “Department” means the Iowa department of public health
10 inspections, appeals, and licensing.
11 Sec. 1629. Section 105.3, subsection 1, Code 2023, is
12amended to read as follows:
131. A plumbing and mechanical systems board is created within
14the Iowa department of public health.
15 Sec. 1630. Section 105.3, subsection 2, paragraph a,
16unnumbered paragraph 1, Code 2023, is amended to read as
17follows:
18The board shall be comprised of eleven twelve voting
19 members, appointed by the governor, as follows:
20 Sec. 1631. Section 105.3, subsection 2, paragraph a,
21subparagraph (1), Code 2023, is amended to read as follows:
22(1) The director of public health and human services or the
23director’s designee.
24 Sec. 1632. Section 105.3, subsection 2, paragraph a, Code
252023, is amended by adding the following new subparagraph:
26 NEW SUBPARAGRAPH. (2A) The director of the department of
27inspections, appeals, and licensing or the director’s designee.
28 Sec. 1633. Section 105.3, subsection 2, paragraph b, Code
292023, is amended to read as follows:
30b. The board members enumerated in paragraph a “a”,
31subparagraphs (3) through (9), are shall be appointed by the
32governor and subject to confirmation by the senate.
33 Sec. 1634. Section 105.4, subsection 1, paragraph a, Code
342023, is amended to read as follows:
35a. The board shall establish by rule a plumbing installation
-1008-1code governing the installation of plumbing in this state.
2Consistent with fire safety rules and standards promulgated
3by the state fire marshal department, the board shall adopt
4the most current version of the uniform plumbing code and the
5international mechanical code, as the state plumbing code
6and the state mechanical code, to govern the installation of
7plumbing and mechanical systems in this state. The board shall
8adopt the current version of each code within six months of its
9being released. The board may adopt amendments to each code by
10rule. The board shall work in consultation with the state fire
11marshal department to ensure that proposed amendments do not
12conflict with the fire safety rules and standards promulgated
13by the state fire marshal department. The state plumbing
14code and the state mechanical code shall be applicable to all
15buildings and structures owned by the state or an agency of the
16state and in each local jurisdiction.
17 Sec. 1635. Section 105.12, subsection 1, Code 2023, is
18amended to read as follows:
191. A contracting, plumbing, mechanical, HVAC-refrigeration,
20sheet metal, or hydronic license shall be in the form of a
21certificate under the seal of the department, signed by the
22director of public health the department, and shall be issued
23in the name of the board. The license number shall be noted on
24the face of the license.
25 Sec. 1636. Section 135.11A, Code 2023, is amended to read
26as follows:
27135.11A Professional licensure division — other licensing
28 Licensing boards — expenses — fees.
291. There shall be a professional licensure division within
30the department of public health. Each board under chapter
31 chapters 100C, 103, 103A, 105, or 147 or that are under the
32administrative authority of the department, except the board
33of nursing, board of medicine, dental board, and board of
34pharmacy, shall receive administrative and clerical support
35from the division department and may not employ its own support
-1009-1staff for administrative and clerical duties. The executive
2director of the board of nursing, board of medicine, dental
3board, and board of pharmacy shall be appointed pursuant to
4section 135.11B.
52. The professional licensure division department and the
6licensing boards referenced in subsection 1 may expend funds in
7addition to amounts budgeted, if those additional expenditures
8are directly the result of actual examination and exceed funds
9budgeted for examinations. Before the division department or a
10licensing board expends or encumbers an amount in excess of the
11funds budgeted for examinations, the director of the department
12of management shall approve the expenditure or encumbrance.
13Before approval is given, the department of management shall
14determine that the examination expenses exceed the funds
15budgeted by the general assembly to the division department
16 or board and the division department or board does not have
17other funds from which examination expenses can be paid.
18Upon approval of the department of management, the division
19 department or licensing board may expend and encumber funds for
20excess examination expenses. The amounts necessary to fund
21the excess examination expenses shall be collected as fees
22from additional examination applicants and shall be treated as
23repayment receipts as defined in section 8.2.
24 Sec. 1637. Section 135.24, subsection 2, paragraph a, Code
252023, is amended to read as follows:
26a. Procedures for registration of health care providers
27deemed qualified by the board of medicine, the board of
28physician assistants, the dental board, the board of nursing,
29the board of chiropractic, the board of psychology, the board
30of social work, the board of behavioral science, the board
31of pharmacy, the board of optometry, the board of podiatry,
32the board of physical and occupational therapy, the board of
33respiratory care and polysomnography, and the Iowa department
34of public health inspections, appeals, and licensing, as
35applicable.
-1010-1 Sec. 1638. Section 135.31, Code 2023, is amended to read as
2follows:
3135.31 Location of boards — rulemaking.
4The offices for the board of medicine, the board of pharmacy,
5the board of nursing, and the dental board shall be located
6within the department of public health. The individual boards
7shall have policymaking and rulemaking authority.
8 Sec. 1639. Section 135.37, Code 2023, is amended to read as
9follows:
10135.37 Tattooing — permit requirement — penalty.
111. A person shall not own, control and lease, act as an
12agent for, conduct, manage, or operate an establishment to
13practice the art of tattooing or engage in the practice of
14tattooing without first applying for and receiving a permit
15from the Iowa department of public health.
162. A minor shall not obtain a tattoo and a person shall
17not provide a tattoo to a minor. For the purposes of this
18section, “minor” means an unmarried person who is under the age
19of eighteen years.
203. A person who fails to meet the requirements of subsection
211 or a person providing a tattoo to a minor is guilty of a
22serious misdemeanor.
234. The Iowa department of public health shall:
24a. Adopt rules pursuant to chapter 17A and establish and
25collect all fees necessary to administer this section. The
26provisions of chapter 17A, including licensing provisions,
27judicial review, and appeal, shall apply to this chapter
28 section.
29b. Establish minimum safety and sanitation criteria for the
30operation of tattooing establishments.
315. If the Iowa department of public health determines that
32a provision of this section has been or is being violated, the
33department may order that a tattooing establishment not be
34operated until the necessary corrective action has been taken.
35If the establishment continues to be operated in violation of
-1011-1the order of the department, the department may request that
2the county attorney or the attorney general make an application
3in the name of the state to the district court of the county
4in which the violations have occurred for an order to enjoin
5the violations. This remedy is in addition to any other legal
6remedy available to the department.
76. As necessary to avoid duplication and promote
8coordination of public health inspection and enforcement
9activities, the department may enter into agreements with
10local boards of health to provide for inspection of tattooing
11establishments and enforcement activities in accordance with
12the rules and criteria implemented under this section.
13 Sec. 1640. Section 135.63, subsection 4, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15A copy of the application shall be sent to the department
16of health and human services at the time the application is
17submitted to the Iowa department of public health inspections,
18appeals, and licensing. The department of inspections,
19appeals, and licensing shall not process applications for and
20the council shall not consider a new or changed institutional
21health service for an intermediate care facility for persons
22with an intellectual disability unless both of the following
23conditions are met:
24 Sec. 1641. Section 135C.2, subsection 3, paragraph c, Code
252023, is amended to read as follows:
26c. The rules adopted for intermediate care facilities for
27persons with an intellectual disability shall be consistent
28with, but no more restrictive than, the federal standards for
29intermediate care facilities for persons with an intellectual
30disability established pursuant to the federal Social Security
31Act, §1905(c)(d), as codified in 42 U.S.C. §1396d, in effect on
32January 1, 1989. However, in order for an intermediate care
33facility for persons with an intellectual disability to be
34licensed, the state fire marshal director must certify to the
35department that the facility meets the applicable provisions
-1012-1of the rules adopted for such facilities by the state fire
2marshal director. The state fire marshal’s director’s rules
3shall be based upon such a facility’s compliance with either
4the provisions applicable to health care occupancies or
5residential board and care occupancies of the life safety code
6of the national fire protection association, 2000 edition. The
7department shall adopt additional rules for intermediate care
8facilities for persons with an intellectual disability pursuant
9to section 135C.14, subsection 8.
10 Sec. 1642. Section 135C.2, subsection 5, paragraph b, Code
112023, is amended to read as follows:
12b. A facility must be located in an area zoned for single or
13multiple-family housing or in an unincorporated area and must
14be constructed in compliance with applicable local requirements
15and the rules adopted for the special classification by the
16state fire marshal director in accordance with the concept of
17the least restrictive environment for the facility residents.
18Local requirements shall not be more restrictive than the
19rules adopted for the special classification by the state fire
20marshal director and the state building code requirements for
21single or multiple-family housing, under section 103A.7.
22 Sec. 1643. Section 135C.5, Code 2023, is amended to read as
23follows:
24135C.5 Limitations on use.
25Another business or activity serving persons other than
26the residents of a health care facility may be operated or
27provided in a designated part of the physical structure of
28the health care facility if the other business or activity
29meets the requirements of applicable state and federal
30laws, administrative rules, and federal regulations. The
31department shall not limit the ability of a health care
32facility to operate or provide another business or activity
33in the designated part of the facility if the business or
34activity does not interfere with the use of the facility by the
35residents or with the services provided to the residents, and
-1013-1is not disturbing to the residents. In denying the ability of
2a health care facility to operate or provide another business
3or activity under this section, the burden of proof shall be
4on the department to demonstrate that the other business or
5activity substantially interferes with the use of the facility
6by the residents or the services provided to the residents,
7or is disturbing to the residents. The state fire marshal
8 director, in accordance with chapter 17A, shall adopt rules
9which establish criteria for approval of a business or activity
10to be operated or provided in a designated part of the physical
11structure of a health care facility. For the purposes of
12this section, “another business or activity” shall not include
13laboratory services with the exception of laboratory services
14for which a waiver from regulatory oversight has been obtained
15under the federal Clinical Laboratory Improvement Amendments of
161988, Pub.L. No.100-578, as amended, radiological services,
17anesthesiology services, obstetrical services, surgical
18services, or emergency room services provided by hospitals
19licensed under chapter 135B.
20 Sec. 1644. Section 135C.9, Code 2023, is amended to read as
21follows:
22135C.9 Inspection before issuance — notice of deficiencies.
231. The department shall not issue a health care facility
24license to any applicant until:
25a. The department has ascertained that the staff and
26equipment of the facility is adequate to provide the care and
27services required of a health care facility of the category
28for which the license is sought. Prior to the review and
29approval of plans and specifications for any new facility
30and the initial licensing under a new licensee, a resume of
31the programs and services to be furnished and of the means
32available to the applicant for providing the same and for
33meeting requirements for staffing, equipment, and operation
34of the health care facility, with particular reference to the
35professional requirements for services to be rendered, shall be
-1014-1submitted in writing to the department for review and approval.
2The resume shall be reviewed by the department within ten
3working days and returned to the applicant. The resume shall,
4upon the department’s request, be revised as appropriate by the
5facility from time to time after issuance of a license.
6b. The facility has been inspected by the state fire marshal
7or a deputy appointed by the fire marshal for that purpose
8 director, who may be a member of a municipal fire department,
9and the department has received either a certificate of
10compliance or a provisional certificate of compliance by
11the facility with the fire hazard and fire safety rules and
12standards of the department as promulgated by the fire marshal
13 director and, where applicable, the fire safety standards
14required for participation in programs authorized by either
15Tit.XVIII or Tit.XIX of the United States Social Security
16Act, codified at 42 U.S.C. §1395 – 1395ll and 1396 – 1396g. The
17certificate or provisional certificate shall be signed by the
18fire marshal director or the fire marshal’s deputy director’s
19designee who made the inspection. If the state fire marshal
20or a deputy director finds a deficiency upon inspection, the
21notice to the facility shall be provided in a timely manner
22and shall specifically describe the nature of the deficiency,
23identifying the Code section or subsection or the rule or
24standard violated. The notice shall also specify the time
25allowed for correction of the deficiency, at the end of which
26time the fire marshal or a deputy director shall perform a
27follow-up inspection.
282. The rules and standards promulgated by the fire marshal
29 director pursuant to subsection 1, paragraph “b” of this section
30shall be substantially in keeping with the latest generally
31recognized safety criteria for the facilities covered, of which
32the applicable criteria recommended and published from time
33to time by the national fire protection association shall be
34prima facie evidence. The rules and standards promulgated by
35the fire marshal director shall be promulgated in consultation
-1015-1with the department and shall, to the greatest extent possible,
2be consistent with rules adopted by the department under this
3chapter.
43. The state fire marshal or the fire marshal’s deputy
5 director may issue successive provisional certificates of
6compliance for periods of one year each to a facility which is
7in substantial compliance with the applicable fire hazard and
8fire safety rules and standards, upon satisfactory evidence
9of an intent, in good faith, by the owner or operator of the
10facility to correct the deficiencies noted upon inspection
11within a reasonable period of time as determined by the state
12fire marshal or the fire marshal’s deputy director. Renewal
13of a provisional certificate shall be based on a showing
14of substantial progress in eliminating deficiencies noted
15upon the last previous inspection of the facility without
16the appearance of additional deficiencies other than those
17arising from changes in the fire hazard and fire safety rules,
18regulations and standards which have occurred since the last
19previous inspection, except that substantial progress toward
20achievement of a good faith intent by the owner or operator to
21replace the entire facility within a reasonable period of time,
22as determined by the state fire marshal or the fire marshal’s
23deputy director, may be accepted as a showing of substantial
24progress in eliminating deficiencies, for the purposes of this
25section.
264. If a facility subject to licensure under this chapter,
27a facility exempt from licensure under this chapter pursuant
28to section 135C.6, or a family home under section 335.25
29or 414.22, has been issued a certificate of compliance or
30a provisional certificate of compliance under subsection
311 or 3, or has otherwise been approved as complying with
32a rule or standard by the state or a deputy fire marshal
33 the director or a local building department as defined in
34section 103A.3, the state or deputy fire marshal director
35 or local building department which issued the certificate,
-1016-1provisional certificate, or approval shall not apply additional
2requirements for compliance with the rule or standard unless
3the rule or standard is revised in accordance with chapter 17A
4or with local regulatory procedure following issuance of the
5certificate, provisional certificate, or approval.
6 Sec. 1645. Section 135C.14, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8The department shall, in accordance with chapter 17A
9and with the approval of the state board of health, adopt
10and enforce rules setting minimum standards for health care
11facilities. In so doing, the department, with the approval
12of the state board of health, may adopt by reference, with
13or without amendment, nationally recognized standards and
14rules, which shall be specified by title and edition, date
15of publication, or similar information. The rules and
16standards required by this section shall be formulated in
17consultation with the director of health and human services or
18the director’s director of health and human services’ designee,
19with the state fire marshal director, and with affected
20industry, professional, and consumer groups, and shall be
21designed to further the accomplishment of the purposes of this
22chapter and shall relate to:
23 Sec. 1646. Section 135C.14, subsection 1, Code 2023, is
24amended to read as follows:
251. Location and construction of the facility, including
26plumbing, heating, lighting, ventilation, and other housing
27conditions, which shall ensure the health, safety and comfort
28of residents and protection from fire hazards. The rules of
29the department relating to protection from fire hazards and
30fire safety shall be promulgated by the state fire marshal
31 director in consultation with the department, and shall be in
32keeping with the latest generally recognized safety criteria
33for the facilities covered of which the applicable criteria
34recommended and published from time to time by the national
35fire protection association are prima facie evidence. To
-1017-1the greatest extent possible, the rules promulgated by the
2state fire marshal director shall be consistent with the rules
3adopted by the department under this chapter.
4 Sec. 1647. Section 135C.16, subsection 3, Code 2023, is
5amended to read as follows:
63. An authorized representative of the department may
7enter any licensed health care facility without a warrant,
8and may examine all records pertaining to the care provided
9residents of the facility. An authorized representative of the
10department may contact or interview any resident, employee, or
11any other person who might have knowledge about the operation
12of a health care facility. An authorized representative of
13the department of human services shall have the same right
14with respect to any facility where one or more residents are
15cared for entirely or partially at public expense, and an
16authorized representative of the designated protection and
17advocacy agency shall have the same right with respect to
18any facility where one or more residents have developmental
19disabilities or mental illnesses, and the state fire marshal or
20a deputy appointed pursuant to section 135C.9, subsection 1,
21paragraph “b”, director shall have the same right of entry into
22any facility and the right to inspect any records pertinent
23to fire safety practices and conditions within that facility,
24and an authorized representative of the office of long-term
25care ombudsman shall have the same right with respect to any
26nursing facility or residential care facility. If any such
27authorized representative has probable cause to believe that
28any institution, building, or agency not licensed as a health
29care facility is in fact a health care facility as defined
30by this chapter, and upon producing identification that the
31individual is an authorized representative is denied entry
32thereto for the purpose of making an inspection, the authorized
33representative may, with the assistance of the county attorney
34of the county in which the purported health care facility is
35located, apply to the district court for an order requiring
-1018-1the owner or occupant to permit entry and inspection of the
2premises to determine whether there have been any violations of
3this chapter.
4 Sec. 1648. Section 135C.17, Code 2023, is amended to read
5as follows:
6135C.17 Duties of other departments.
7It shall be the duty of the department of human services,
8state fire marshal director, office of long-term care
9ombudsman, and the officers and agents of other state and local
10governmental units, and the designated protection and advocacy
11agency to assist the department in carrying out the provisions
12of this chapter, insofar as the functions of these respective
13offices and departments are concerned with the health, welfare,
14and safety of any resident of any health care facility. It
15shall be the duty of the department to cooperate with the
16protection and advocacy agency and the office of long-term
17care ombudsman by responding to all reasonable requests for
18assistance and information as required by federal law and this
19chapter.
20 Sec. 1649. Section 137C.35, subsection 2, Code 2023, is
21amended to read as follows:
222. A bed and breakfast inn is subject to regulation,
23licensing, and inspection under this chapter, but separate
24toilet and lavatory facilities shall not be required for each
25guest room. Additionally, a bed and breakfast inn is exempt
26from fire safety rules adopted pursuant to section 100.35 and
27applicable to hotels, but is subject to fire safety rules which
28the state fire marshal director shall specifically adopt for
29bed and breakfast inns.
30 Sec. 1650. Section 147.1, subsection 2, Code 2023, is
31amended to read as follows:
322. “Department” means the department of public health
33 inspections, appeals, and licensing.
34 Sec. 1651. Section 147.82, Code 2023, is amended to read as
35follows:
-1019- 1147.82 Fee retention.
2All fees collected by a board listed in section 147.13 or
3by the department for the bureau of professional licensure,
4and fees collected pursuant to sections 124.301 and 147.80 and
5chapter 155A by the board of pharmacy, shall be retained by
6each board or by the department for the bureau of professional
7licensure. The moneys retained by a board shall be used for
8any of the board’s duties, including but not limited to the
9addition of full-time equivalent positions for program services
10and investigations. Revenues retained by a board pursuant
11to this section shall be considered repayment receipts as
12defined in section 8.2. Notwithstanding section 8.33, moneys
13retained by a board pursuant to this section are not subject to
14reversion to the general fund of the state.
15 Sec. 1652. Section 148C.1, subsection 4, Code 2023, is
16amended to read as follows:
174. “Department” means the department of public health
18 inspections, appeals, and licensing.
19 Sec. 1653. Section 152B.1, subsection 2, Code 2023, is
20amended to read as follows:
212. “Department” means the Iowa department of public health
22 inspections, appeals, and licensing.
23 Sec. 1654. Section 154A.1, subsection 2, Code 2023, is
24amended to read as follows:
252. “Department” means the Iowa department of public health
26 inspections, appeals, and licensing.
27 Sec. 1655. Section 154B.8, Code 2023, is amended to read as
28follows:
29154B.8 Voluntary surrender of license.
30The director of public health the department of inspections,
31appeals, and licensing may accept the voluntary surrender of
32license if accompanied by a written statement of intention.
33The voluntary surrender, when accepted, shall have the same
34force and effect as an order of revocation.
35 Sec. 1656. Section 154B.13, subsection 2, Code 2023, is
-1020-1amended to read as follows:
22. The board shall appoint a prescribing psychologist
3rules subcommittee comprised of a psychologist appointed by
4the board, a physician appointed by the board of medicine, and
5a member of the public appointed by the director of public
6health the department of inspections, appeals, and licensing to
7develop rules for consideration by the board pursuant to this
8section.
9 Sec. 1657. Section 154E.1, subsection 3, Code 2023, is
10amended to read as follows:
113. “Department” means the Iowa department of public health
12 inspections, appeals, and licensing.
13 Sec. 1658. Section 155A.13, subsection 3, paragraph d, Code
142023, is amended to read as follows:
15d. An applicant seeking a special or limited-use pharmacy
16license for a proposed telepharmacy site that does not meet the
17mileage requirement established in paragraph “c” and is not
18statutorily exempt from the mileage requirement may apply to
19the board for a waiver of the mileage requirement. A waiver
20request shall only be granted if the applicant can demonstrate
21to the board that the proposed telepharmacy site is located in
22an area where there is limited access to pharmacy services and
23can establish the existence of compelling circumstances that
24justify waiving the mileage requirement. The board’s decision
25to grant or deny a waiver request shall be a proposed decision
26subject to mandatory review by the director of public health
27 the department of inspections, appeals, and licensing. The
28director shall review a proposed decision and shall have the
29power to approve, modify, or veto a proposed decision. The
30director’s decision on a waiver request shall be considered
31final agency action subject to judicial review under chapter
3217A.
33 Sec. 1659. Section 156.1A, Code 2023, is amended to read as
34follows:
35156.1A Provision of services.
-1021- 1Nothing contained in this chapter shall be construed
2as prohibiting the operation of any funeral home, funeral
3establishment, or cremation establishment by any person,
4heir, fiduciary, firm, cooperative burial association, or
5corporation. However, each such person, firm, cooperative
6burial association, or corporation shall ensure that
7all mortuary science services are provided by a funeral
8director, and shall keep the Iowa department of public health
9 inspections, appeals, and licensing advised of the name of the
10funeral director.
11 Sec. 1660. Section 156.10, Code 2023, is amended to read as
12follows:
13156.10 Inspection.
141. The director of public health the department of
15inspections, appeals, and licensing may inspect all places
16where dead human bodies are prepared or held for burial,
17entombment, or cremation, and may adopt and enforce such rules
18and regulations in connection with the inspection as may be
19necessary for the preservation of the public health.
202. The Iowa department of public health inspections,
21appeals, and licensing may assess an inspection fee for an
22inspection of a place where dead human bodies are prepared
23for burial or cremation. The fee may be determined by the
24department by rule.
25 Sec. 1661. Section 157.1, subsection 7, Code 2023, is
26amended to read as follows:
277. “Department” means the Iowa department of public health
28 inspections, appeals, and licensing.
29 Sec. 1662. Section 157.7, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. The department of inspections and appeals shall
32employ personnel pursuant to chapter 8A, subchapter IV, to
33perform duties related to inspection functions under this
34chapter. The department of inspections and appeals shall, when
35possible, integrate inspection efforts under this chapter with
-1022-1inspections conducted under chapter 158.
22. The Iowa department of public health may employ clerical
3assistants pursuant to chapter 8A, subchapter IV, to administer
4and enforce this chapter. The costs and expenses of the
5clerical assistants shall be paid from funds appropriated to
6the department of public health.
7 Sec. 1663. Section 158.1, subsection 6, Code 2023, is
8amended to read as follows:
96. “Department” means the Iowa department of public health
10 inspections, appeals, and licensing.
11 Sec. 1664. Section 158.6, Code 2023, is amended to read as
12follows:
13158.6 Inspectors and clerical assistants.
141. The department of inspections and appeals shall
15employ personnel pursuant to chapter 8A, subchapter IV, to
16perform duties related to inspection functions under this
17chapter. The department of inspections and appeals shall, when
18possible, integrate inspection efforts under this chapter with
19inspections conducted under chapter 157.
202. The Iowa department of public health may employ clerical
21assistants pursuant to chapter 8A, subchapter IV, to administer
22and enforce this chapter. The costs and expenses of the
23clerical assistants shall be paid from funds appropriated to
24the department of public health.
25 Sec. 1665. Section 214A.35, subsection 2, paragraph g, Code
262023, is amended to read as follows:
27g. The department of agriculture and land stewardship may
28cooperate with the department of natural resources and the
29state fire marshal department of inspections, appeals, and
30licensing in administering and enforcing the provisions of this
31section.
32 Sec. 1666. Section 218.4, subsection 3, Code 2023, is
33amended to read as follows:
343. The state fire marshal department of inspections,
35appeals, and licensing shall cause to be made an annual
-1023-1inspection of all the institutions listed in section 218.1
2and shall make written report thereof to the particular
3administrator of the state department of human services in
4control of such institution.
5 Sec. 1667. Section 231B.4, Code 2023, is amended to read as
6follows:
7231B.4 Zoning — fire and safety standards.
8An elder group home shall be located in an area zoned
9for single-family or multiple-family housing or in an
10unincorporated area and shall be constructed in compliance with
11applicable local housing codes and the rules adopted for the
12special classification by the state fire marshal department.
13In the absence of local building codes, the facility shall
14comply with the state plumbing code established pursuant to
15section 135.11 and the state building code established pursuant
16to section 103A.7 and the rules adopted for the special
17classification by the state fire marshal department. The
18rules adopted for the special classification by the state fire
19marshal department regarding second floor occupancy shall be
20adopted in consultation with the department and shall take into
21consideration the mobility of the tenants.
22 Sec. 1668. Section 231C.4, Code 2023, is amended to read as
23follows:
24231C.4 Fire and safety standards.
25The state fire marshal department shall adopt rules, in
26coordination with the department, relating to the certification
27and monitoring of the fire and safety standards of certified
28assisted living programs.
29 Sec. 1669. Section 231D.15, Code 2023, is amended to read
30as follows:
31231D.15 Fire and safety standards.
32The state fire marshal department shall adopt rules, in
33coordination with the department, relating to the certification
34and monitoring of the fire and safety standards of adult day
35services programs.
-1024-1 Sec. 1670. Section 235A.15, subsection 2, paragraph d,
2subparagraph (7), Code 2023, is amended to read as follows:
3(7) Each licensing board specified under chapter 147 and
4the Iowa department of public health inspections, appeals,
5and licensing for the purpose of licensure, certification or
6registration, disciplinary investigation, or the renewal of
7licensure, certification or registration, or disciplinary
8proceedings of health care professionals.
9 Sec. 1671. Section 237.3, subsection 3, Code 2023, is
10amended to read as follows:
113. Rules governing fire safety in facilities with child
12foster care provided by agencies shall be promulgated by the
13state fire marshal director of the department of inspections,
14appeals, and licensing pursuant to section 100.1, subsection 5
15 10A.511 after consultation with the administrator.
16 Sec. 1672. Section 237A.3A, subsection 3, paragraph c, Code
172023, is amended to read as follows:
18c. In consultation with the state fire marshal director
19of the department of inspections, appeals, and licensing, the
20department shall adopt rules relating to the provision of fire
21extinguishers, smoke detectors, and two exits accessible to
22children in a child development home.
23 Sec. 1673. Section 237A.4, Code 2023, is amended to read as
24follows:
25237A.4 Inspection and evaluation.
26The department shall make periodic inspections of licensed
27centers to ensure compliance with licensing requirements
28provided in this chapter, and the local boards of health
29may make periodic inspections of licensed centers to ensure
30compliance with health-related licensing requirements provided
31in this chapter. The department may inspect records maintained
32by a licensed center and may inquire into matters concerning
33these centers and the persons in charge. The department
34shall require that the center be inspected by the state fire
35marshal director of the department of inspections, appeals,
-1025-1and licensing or a designee for compliance with rules relating
2to fire safety before a license is granted or renewed. The
3department or a designee may periodically visit registered
4child development homes for the purpose of evaluation of an
5inquiry into matters concerning compliance with rules adopted
6under section 237A.12. Evaluation of child development homes
7under this section may include consultative services provided
8pursuant to section 237A.6.
9 Sec. 1674. Section 237A.12, subsections 2, 3, and 4, Code
102023, are amended to read as follows:
112. Rules adopted by the state fire marshal director of
12the department of inspections, appeals, and licensing for
13buildings, other than school buildings, used as child care
14centers as an adjunct to the primary purpose of the building
15shall take into consideration that children are received for
16temporary care only and shall not differ from rules adopted
17for these buildings when they are used by groups of persons
18congregating from time to time in the primary use and occupancy
19of the buildings. However, the rules may require a fire-rated
20separation from the remaining portion of the building if
21the fire marshal director of the department of inspections,
22appeals, and licensing determines that the separation is
23necessary for the protection of children from a specific
24flammable hazard.
253. Rules relating to fire safety for child care centers
26shall be adopted under this chapter by the state fire marshal
27 director of the department of inspections, appeals, and
28licensing in consultation with the department. Rules adopted
29by the state fire marshal director of the department of
30inspections, appeals, and licensing for a building which is
31owned or leased by a school district or accredited nonpublic
32school and used as a child care facility shall not differ from
33standards adopted by the state fire marshal director of the
34department of inspections, appeals, and licensing for school
35buildings under chapter 100 10A, subchapter V, part 2. Rules
-1026-1relating to sanitation shall be adopted by the department in
2consultation with the director of public health. All rules
3shall be developed in consultation with the state child care
4advisory committee. The state fire marshal director of the
5department of inspections, appeals, and licensing shall inspect
6the facilities.
74. If a building is owned or leased by a school district
8or accredited nonpublic school and complies with standards
9adopted by the state fire marshal director of the department
10of inspections, appeals, and licensing for school buildings
11under chapter 100 10A, subchapter V, part 2, the building is
12considered appropriate for use by a child care facility. The
13rules adopted by the administrator under this section shall not
14require the facility to comply with building requirements which
15differ from requirements for use of the building as a school.
16 Sec. 1675. Section 237C.4, subsection 2, Code 2023, is
17amended to read as follows:
182. Before the administrator issues or reissues a
19certificate of approval to a children’s residential facility
20under section 237C.6, the facility shall comply with standards
21adopted by the state fire marshal director of the department
22of inspections, appeals, and licensing under chapter 100 10A,
23subchapter V, part 2.
24 Sec. 1676. Section 237C.6, subsection 2, Code 2023, is
25amended to read as follows:
262. The certificate of approval shall state on its face the
27name of the holder of the certificate, the particular premises
28for which the certificate is issued, and the number of children
29who may be cared for by the children’s residential facility on
30the premises at one time under the certificate of occupancy
31issued by the state fire marshal director of the department of
32inspections, appeals, and licensing or the state fire marshal’s
33 director’s designee. The certificate of approval shall be
34posted in a conspicuous place in the children’s residential
35facility.
-1027-1 Sec. 1677. Section 261B.11, subsection 1, paragraph m, Code
22023, is amended to read as follows:
3m. Higher education institutions located in Iowa whose
4massage therapy curriculum is approved under administrative
5rules of the professional licensure division of the department
6of public health inspections, appeals, and licensing and whose
7instructors are licensed massage therapists under chapter 152C.
8 Sec. 1678. Section 262.33A, Code 2023, is amended to read
9as follows:
10262.33A Fire and environmental safety — report —
11expenditures.
12It is the intent of the general assembly that each
13institution of higher education under the control of the state
14board of regents shall, in consultation with the state fire
15marshal director of the department of inspections, appeals,
16and licensing, identify and correct all critical fire and
17environmental safety deficiencies. Commencing July 1, 1993,
18each institution under the control of the state board of
19regents shall expend annually for fire safety and deferred
20maintenance at least the amount budgeted for these purposes
21for the fiscal year beginning July 1, 1992, in addition to any
22moneys appropriated from the general fund for these purposes in
23succeeding years.
24 Sec. 1679. Section 272C.1, subsection 6, paragraphs af and
25ag, Code 2023, are amended to read as follows:
26af. The department of public safety inspections, appeals,
27and licensing, in licensing fire protection system installers
28and maintenance workers pursuant to chapter 100D.
29ag. The superintendent of the division of banking director
30 of the department of commerce inspections, appeals, and
31licensing in registering and supervising appraisal management
32companies pursuant to chapter 543E.
33 Sec. 1680. Section 272C.3, subsection 4, paragraph b, Code
342023, is amended to read as follows:
35b. All health care boards shall file written decisions
-1028-1which specify the sanction entered by the board with the Iowa
2 department of public health inspections, appeals, and licensing
3 which shall be available to the public upon request. All
4non-health care boards shall have on file the written and
5specified decisions and sanctions entered by the board and
6shall be available to the public upon request.
7 Sec. 1681. Section 272C.4, subsection 9, Code 2023, is
8amended to read as follows:
99. Require each health care licensing board to file with
10the Iowa department of public health inspections, appeals,
11and licensing a copy of each decision of the board imposing
12licensee discipline. Each non-health care board shall have on
13file a copy of each decision of the board imposing licensee
14discipline which copy shall be properly dated and shall be in
15simple language and in the most concise form consistent with
16clearness and comprehensiveness of subject matter.
17 Sec. 1682. Section 272C.6, subsection 6, paragraph b, Code
182023, is amended to read as follows:
19b. The department of agriculture and land stewardship,
20the department of commerce, and the Iowa department of public
21health inspections, appeals, and licensing shall each adopt
22rules pursuant to chapter 17A which provide for the allocation
23of fees and costs collected pursuant to this section to the
24board under its jurisdiction collecting the fees and costs.
25The fees and costs shall be considered repayment receipts as
26defined in section 8.2.
27 Sec. 1683. Section 279.49, subsection 3, Code 2023, is
28amended to read as follows:
293. The facilities housing a program operated under this
30section shall comply with standards adopted by the state fire
31marshal director of the department of inspections, appeals,
32and licensing for school buildings under chapter 100 10A,
33subchapter V, part 2. In addition, if a program involves
34children who are younger than school age, the facilities
35housing those children shall meet the fire safety standards
-1029-1which would apply to that age of child in a child care facility
2licensed by the department of human services.
3 Sec. 1684. Section 292.2, subsection 7, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The department shall form a task force to review
6applications for financial assistance and provide
7recommendations to the school budget review committee. The
8task force shall include, at a minimum, representatives from
9the kindergarten through grade twelve education community, the
10state fire marshal director of the department of inspections,
11appeals, and licensing, and individuals knowledgeable in school
12infrastructure and construction issues. The department,
13in consultation with the task force, shall establish the
14parameters and the details of the criteria for awarding grants
15based on the information listed in subsection 3, including
16greater priority to the following:
17 Sec. 1685. Section 323.4A, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. Using a dispenser to dispense ethanol blended gasoline,
20including gasoline with a specified blend or a range of
21blends under chapter 214A, if the dispenser is approved as
22required by the state fire marshal director of the department
23of inspections, appeals, and licensing for dispensing the
24specified blend or range of blends, including as provided in
25section 455G.31.
26 Sec. 1686. Section 423E.6, subsections 2, 3, and 4, Code
272023, are amended to read as follows:
282. The funds shall be allocated to the school budget
29review committee to develop a school infrastructure safety
30fund grant program, in conjunction with the state fire marshal
31 director of the department of inspections, appeals, and
32licensing. For purposes of reviewing grant applications and
33making recommendations regarding the administration of the
34program, the state fire marshal director of the department of
35inspections, appeals, and licensing shall be considered an
-1030-1additional voting member of the school budget review committee.
23. Top priority in awarding program grants shall be the
3making of school infrastructure improvements relating to fire
4and personal safety. School districts eligible for program
5grants shall have received an order or citation from the
6state fire marshal director of the department of inspections,
7appeals, and licensing, or a fire department chief or fire
8prevention officer, for one or more fire safety violations
9regarding a school facility, or in the opinion of the state
10fire marshal director of the department of inspections,
11appeals, and licensing shall be regarded as operating
12facilities subject to significant fire safety deficiencies.
13Grant awards shall also be available for defects or violations
14of the state building code, as adopted pursuant to section
15103A.7, revealed during an inspection of school facilities by
16a local building department, or for improvements consistent
17with the standards and specifications contained in the state
18building code regarding ensuring that buildings and facilities
19are accessible to and functional for persons with disabilities.
20The school budget review committee shall allocate program
21funds to school districts which, in its discretion, are
22determined to be faced with the most severe deficiencies.
23School districts applying for program grants shall have
24developed and submitted to the state fire marshal director of
25the department of inspections, appeals, and licensing or local
26building department a written plan to remedy fire or safety
27defects within a specified time frame. Approval of the written
28plan by the state fire marshal director of the department
29of inspections, appeals, and licensing or local building
30department shall be obtained prior to receipt of a grant award
31by a school district.
324. Application forms, submission dates for applications and
33for written plans to remedy fire or safety defects, and grant
34award criteria shall be developed by the state department of
35education, in coordination with the state fire marshal director
-1031-1of the department of inspections, appeals, and licensing, by
2rule.
3 Sec. 1687. Section 455B.390, subsection 3, Code 2023, is
4amended to read as follows:
53. The storage, transportation, handling, or use of
6flammable liquids, combustibles, and explosives, control over
7which is exercised by the state fire marshal director of the
8department of inspections, appeals, and licensing under chapter
9100 10A, subchapter V, part 2.
10 Sec. 1688. Section 455B.474, subsection 10, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12Requirements that persons and companies performing or
13providing services for underground storage tank installations,
14installation inspections, testing, permanent closure of
15underground storage tanks by removal or filling in place, and
16other closure activities as defined by rules adopted by the
17commission be certified by the department. This provision does
18not apply to persons performing services in their official
19capacity and as authorized by the state fire marshal’s office
20 department of inspections, appeals, and licensing or fire
21departments of political subdivisions of the state. The rules
22adopted by the commission shall include all of the following:
23 Sec. 1689. Section 455B.474, subsection 10, paragraph c,
24Code 2023, is amended to read as follows:
25c. Requiring a written examination developed and
26administered by the department or by some other qualified
27public or private entity identified by the department.
28The department may contract with a public or private
29entity to administer the department’s examination or a
30department-approved third party examination. The examination
31shall, at a minimum, be sufficient to establish knowledge of
32all applicable underground storage tank rules adopted under
33this section, private industry standards, federal standards,
34and other applicable standards adopted by the state fire
35marshal’s office department of inspections, appeals, and
-1032-1licensing pursuant to chapter 101.
2 Sec. 1690. Section 455G.31, subsection 2, Code 2023, is
3amended to read as follows:
42. Subject to section 455G.32, a retail dealer may use
5gasoline storage and dispensing infrastructure to store and
6dispense ethanol blended gasoline classified as E-9 or higher
7if the department under this subchapter or the state fire
8marshal director of the department of inspections, appeals,
9and licensing under chapter 101 determines that the gasoline
10infrastructure is compatible with the classification of ethanol
11blended gasoline being used.
12 Sec. 1691. Section 455G.33, subsection 2, paragraph b, Code
132023, is amended to read as follows:
14b. Approved by the department or state fire marshal director
15of the department of inspections, appeals, and licensing
16 subject to conditions determined necessary by the department or
17state fire marshal director of the department of inspections,
18appeals, and licensing. The department or state fire marshal
19 director of the department of inspections, appeals, and
20licensing may waive the requirement in paragraph “a” upon
21satisfaction that a substitute requirement serves the same
22purpose.
23 Sec. 1692. Section 542.4, subsection 1, unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25An Iowa accountancy examining board is created within the
26professional licensing and regulation bureau of the banking
27division of the department of commerce inspections, appeals,
28and licensing to administer and enforce this chapter.
29 Sec. 1693. Section 542.4, subsections 4 and 6, Code 2023,
30are amended to read as follows:
314. All moneys collected by the board from fees authorized
32to be charged by this chapter shall be received and accounted
33for by the board and shall be paid monthly to the treasurer of
34state for deposit in the general fund of the state licensing
35and regulation fund created in section 10A.507. Expenses
-1033-1of administering this chapter shall be paid from moneys
2appropriated to the department pursuant to section 10A.507
3and from appropriations made by the general assembly, which
4expenses may include but shall not be limited to the costs
5of conducting investigations and of taking testimony and
6procuring the attendance of witnesses before the board or its
7committees; all legal proceedings taken under this chapter for
8the enforcement of this chapter; and educational programs for
9the benefit of the public and licensees and their employees.
106. The administrator director of the professional licensing
11and regulation bureau of the banking division of the department
12of commerce inspections, appeals, and licensing shall provide
13staffing assistance to the board for implementing this chapter.
14 Sec. 1694. Section 542B.3, Code 2023, is amended to read as
15follows:
16542B.3 Engineering and land surveying examining board
17created.
18An engineering and land surveying examining board is
19created within the professional licensing and regulation
20bureau of the banking division of the department of commerce
21 inspections, appeals, and licensing. The board consists of
22three members who are licensed professional engineers, two
23members who are licensed professional land surveyors, and
24two members who are not licensed professional engineers or
25licensed professional land surveyors and who shall represent
26the general public. An individual who is licensed as both
27a professional engineer and a professional land surveyor may
28serve to satisfy the board membership requirement for either
29a licensed professional engineer or a licensed professional
30land surveyor, but not both. Members shall be appointed
31by the governor subject to confirmation by the senate. A
32licensed member shall be actively engaged in the practice of
33engineering or land surveying and shall have been so engaged
34for five years preceding the appointment, the last two of which
35shall have been in Iowa. Insofar as practicable, licensed
-1034-1engineer members of the board shall be from different branches
2of the profession of engineering. Professional associations
3or societies composed of licensed engineers or licensed land
4surveyors may recommend the names of potential board members
5whose profession is representative of that association or
6society to the governor. However, the governor is not bound by
7the recommendations. A board member shall not be required to
8be a member of any professional association or society composed
9of professional engineers or professional land surveyors.
10 Sec. 1695. Section 542B.9, Code 2023, is amended to read as
11follows:
12542B.9 Organization of the board — staff.
13The board shall elect annually from its members a
14chairperson and a vice chairperson. The administrator director
15 of the professional licensing and regulation bureau of the
16banking division of the department of commerce inspections,
17appeals, and licensing shall hire and provide staff to assist
18the board in implementing this chapter. The board shall hold
19at least one meeting at the location of the board’s principal
20office, and meetings shall be called at other times by the
21administrator director at the request of the chairperson or
22four members of the board. At any meeting of the board, a
23majority of members constitutes a quorum.
24 Sec. 1696. Section 542B.12, Code 2023, is amended to read
25as follows:
26542B.12 Disposition of fees.
27The staff shall collect and account for all fees provided
28for by this chapter and pay the fees to the treasurer of state
29who shall deposit the fees in the general fund of the state
30 licensing and regulation fund created in section 10A.507.
31 Sec. 1697. Section 543B.8, subsections 1 and 5, Code 2023,
32are amended to read as follows:
331. A real estate commission is created within the
34professional licensing and regulation bureau of the banking
35division of the department of commerce inspections, appeals,
-1035-1and licensing. The commission consists of five members
2licensed under this chapter and two members not licensed under
3this chapter and who shall represent the general public.
4Commission members shall be appointed by the governor subject
5to confirmation by the senate.
65. The administrator director of the professional licensing
7and regulation bureau of the banking division department of
8inspections, appeals, and licensing shall hire and provide
9staff to assist the commission with implementing this chapter.
10The administrator of the professional licensing and regulation
11bureau of the banking division of the department of commerce
12 and shall hire a real estate education director to assist
13the commission in administering education programs for the
14commission.
15 Sec. 1698. Section 543B.14, Code 2023, is amended to read
16as follows:
17543B.14 Fees and expenses.
18All fees and charges collected by the real estate commission
19under this chapter shall be paid into the general fund of the
20state, except that deposited in the licensing and regulation
21fund created in section 10A.507. Of the moneys deposited
22in the fund, twenty-five dollars from each real estate
23salesperson’s license fee and each broker’s license fee is
24appropriated to the professional licensing and regulation
25bureau of the banking division of the department of commerce
26 shall be appropriated to the department of inspections,
27appeals, and licensing for the purpose of hiring and
28compensating a real estate education director and regulatory
29compliance personnel. All expenses incurred by the commission
30under this chapter, including compensation of staff assigned
31to the commission, shall be paid from funds appropriated for
32those purposes.
33 Sec. 1699. Section 543D.2, Code 2023, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 9A. “Director” means the director of
-1036-1the department of inspections, appeals, and licensing or the
2director’s designee.
3 Sec. 1700. Section 543D.2, subsection 14, Code 2023, is
4amended by striking the subsection.
5 Sec. 1701. Section 543D.4, subsection 1, Code 2023, is
6amended to read as follows:
71. A real estate appraiser examining board is established
8within the banking division of the department of commerce
9 inspections, appeals, and licensing. The board consists of
10seven members, two of whom shall be public members and five of
11whom shall be certified real estate appraisers.
12 Sec. 1702. Section 543D.5, subsection 1, Code 2023, is
13amended to read as follows:
141. The board shall adopt rules establishing uniform
15appraisal standards and appraiser certification requirements
16and other rules necessary to administer and enforce this
17chapter and its responsibilities under chapter 272C, subject to
18the superintendent’s director’s supervision and authority under
19section 543D.23. The board shall consider and may incorporate
20any standards required or recommended by the appraisal
21foundation or by a federal agency with regulatory authority
22over appraisal standards or the certification of appraisers for
23federally related transactions.
24 Sec. 1703. Section 543D.6, subsection 2, Code 2023, is
25amended to read as follows:
262. All fees collected by the board shall be deposited into
27the department of commerce revolving licensing and regulation
28 fund created in section 546.12 and are appropriated to the
29superintendent on behalf of the board 10A.507 to be used to
30administer this chapter, including but not limited to purposes
31such as examinations, investigations, and administrative
32staffing. Notwithstanding section 8.33, moneys retained by
33the superintendent pursuant to this section are not subject
34to reversion to the general fund of the state. However,
35the appraisal management company national registry fees the
-1037-1board collects on behalf of the appraisal subcommittee as
2defined in section 543E.3 shall be transmitted to the appraisal
3subcommittee in accordance with federal laws and regulations.
4 Sec. 1704. Section 543D.23, Code 2023, is amended to read
5as follows:
6543D.23 Superintendent Director supervision and authority.
71. The superintendent director shall supervise the
8board and manage the board’s budget and retained fees.
9The superintendent director may exercise all authority
10conferred upon the board under this chapter and shall have
11access to all records and information to which the board
12has access. In supervising the board, the superintendent
13 director shall independently evaluate the substantive merits
14of actions recommended or proposed by the board which may
15be anticompetitive and shall have the authority to review,
16approve, modify, or reject all board actions including but not
17limited to those taken in connection with any of the following:
18a. Initial or reciprocal certification of real estate
19appraisers, registration of associate real estate appraisers,
20and temporary practice permits.
21b. Disciplinary investigations and proceedings.
22c. Investigations and proceedings under section 543D.21.
23d. Rulemaking under chapter 17A, including orders on
24petitions for rulemaking.
25e. Orders on petitions for declaratory orders or waivers.
262. A person aggrieved by any final action of the board taken
27under this chapter shall not have exhausted administrative
28remedies until the person has appealed the action to the
29superintendent director and the superintendent director has
30issued a final decision or order.
313. The superintendent director shall adopt rules to
32implement this section.
33 Sec. 1705. Section 543E.3, subsection 1, Code 2023, is
34amended by striking the subsection.
35 Sec. 1706. Section 543E.3, subsection 8, Code 2023, is
-1038-1amended to read as follows:
28. “Appraiser panel” means a network, list, or roster of
3certified appraisers who are independent contractors with
4an appraisal management company and who have been selected
5and approved by the appraisal management company to perform
6appraisals directly for the appraisal management company or
7for persons that have ordered appraisals through the appraisal
8management company. Appraisers on an appraisal management
9company’s appraiser panel may include both appraisers engaged
10to perform one or more appraisals for covered transactions or
11for secondary mortgage market participants in connection with
12covered transactions, and appraisers accepted by the appraisal
13management company for consideration for future appraisal
14assignments for such purposes, as the administrator director
15 may further provide by rule.
16 Sec. 1707. Section 543E.3, Code 2023, is amended by adding
17the following new subsection:
18 NEW SUBSECTION. 13A. “Director” means the director of
19the department of inspections, appeals, and licensing or the
20director’s designee.
21 Sec. 1708. Section 543E.4, Code 2023, is amended to read as
22follows:
23543E.4 Registration required.
24A person shall not directly or indirectly engage in or
25attempt to engage in business as an appraisal management
26company or advertise or hold itself out as engaging in or
27conducting business as an appraisal management company in
28this state without first registering with the administrator
29 director.
30 Sec. 1709. Section 543E.6, subsection 2, Code 2023, is
31amended to read as follows:
322. A person who directly or indirectly owns more than
33ten percent of an appraisal management company in this
34state shall be of good moral character, as prescribed by
35rules adopted by the administrator director consistent with
-1039-1applicable federal law and regulations, and shall submit to a
2background investigation, as prescribed by rules adopted by the
3administrator director consistent with applicable federal law
4and regulations.
5 Sec. 1710. Section 543E.7, subsections 1 and 3, Code 2023,
6are amended to read as follows:
71. An appraisal management company registered or applying
8for registration in this state shall designate a controlling
9person who shall be the main contact for all communications
10between the administrator director and the appraisal management
11company, and who shall be responsible for assuring the
12appraisal management company complies with the provisions of
13this chapter when performing appraisal management services in
14connection with real estate located in this state.
153. The designated controlling person shall be of good moral
16character, as prescribed by rules adopted by the administrator
17 director consistent with applicable federal law and
18regulations, and shall submit to a background investigation,
19as prescribed by rules adopted by the administrator director
20 consistent with applicable federal law and regulations.
21 Sec. 1711. Section 543E.8, subsection 1, Code 2023, is
22amended to read as follows:
231. An application for registration as an appraisal
24management company shall be submitted on a form prescribed by
25the administrator director.
26 Sec. 1712. Section 543E.8, subsection 2, paragraphs b, c,
27and f, Code 2023, are amended to read as follows:
28b. The names and contact information for all persons
29who directly or indirectly own more than ten percent of the
30applicant and for the controlling person designated pursuant
31to section 543E.7, and such additional information the
32administrator director may need to enforce section 543E.6,
33subsection 1.
34c. Information as reasonably necessary to establish the size
35of the applicant’s nationwide and Iowa appraiser panels, in
-1040-1accordance with rules adopted by the administrator director.
2f. Any additional information that is reasonably needed
3for the administrator director to implement the provisions of
4this chapter and assure that the applicant is eligible for
5registration under this chapter.
6 Sec. 1713. Section 543E.9, Code 2023, is amended to read as
7follows:
8543E.9 Registration renewal.
91. A registration issued under this chapter shall be valid
10for one year as provided by rule.
112. An application to renew registration shall be submitted
12in the form and in the manner prescribed by the administrator
13 director. The administrator director may further require
14periodic disclosures of changes impacting registration, such as
15a change in ownership or the designated controlling person.
163. An application to renew registration shall contain the
17information described in section 543E.8, subsection 2.
184. A registration issued under this chapter shall lapse if
19not timely renewed, in accordance with rules adopted by the
20administrator director.
215. A person holding a lapsed registration shall not directly
22or indirectly engage in or attempt to engage in business as an
23appraisal management company or advertise or hold itself out as
24engaging in or conducting business as an appraisal management
25company in this state until the registration has been
26reinstated under the process prescribed by the administrator
27 director by rule.
28 Sec. 1714. Section 543E.10, Code 2023, is amended to read
29as follows:
30543E.10 Fees.
311. The administrator director shall by rule establish fees
32for registration, renewal, reinstatement, and such additional
33fees as are reasonably necessary for the administration of this
34chapter. The fees shall be established in consideration of
35the costs of administering this chapter and the actual cost
-1041-1of the specific service to be provided or performed. The
2administrator director shall periodically review and adjust the
3schedule of fees as needed to cover projected expenses.
42. Except as provided in subsection 3, all fees collected
5under this chapter shall be deposited into the department
6of commerce revolving licensing and regulation fund created
7in section 546.12 and are appropriated to the administrator
8 10A.507 to be used to administer this chapter including but not
9limited to purposes such as examinations, investigations, and
10administrative staffing. Notwithstanding section 8.33, moneys
11appropriated pursuant to this subsection are not subject to
12reversion to the general fund of the state.
133. The administrator director shall also collect the
14appraisal management company national registry fee from each
15appraisal management company seeking to register in this state
16and from federally regulated appraisal management companies
17operating in this state. The administrator director shall
18transfer all appraisal management company national registry
19fees collected by the administrator director to the appraisal
20subcommittee.
21 Sec. 1715. Section 543E.12, subsections 3 and 4, Code 2023,
22are amended to read as follows:
233. An appraisal management company that has a reasonable
24basis to believe an appraiser has materially failed to comply
25with the uniform standards of professional appraisal practice
26or has otherwise materially violated chapter 543D or this
27chapter shall refer the matter to the administrator director
28 in conformance with applicable federal law and regulations.
29An appraisal management company that has a reasonable basis
30to believe another appraisal management company is failing
31to comply with the provisions of this chapter shall refer
32the matter to the administrator director in conformance with
33section 272C.9, subsection 2.
344. An appraiser who is employed by or is on the appraiser
35panel of an appraisal management company registered under this
-1042-1chapter who has a reasonable basis to believe the appraisal
2management company is in violation of this chapter shall refer
3the matter to the administrator director.
4 Sec. 1716. Section 543E.13, subsection 1, Code 2023, is
5amended to read as follows:
61. An appraisal management company shall maintain a
7detailed record of each service request the appraisal
8management company receives involving real estate located in
9this state and the identity of the appraiser who performs the
10appraisal assignment. All such records shall be maintained for
11at least five years after the request is sent by the appraisal
12management company to the appraiser or the completion of the
13appraisal report, whichever period expires later. An appraisal
14management company shall maintain such additional records
15regarding appraisal management services performed in this state
16as the administrator director may specify by rule.
17 Sec. 1717. Section 543E.15, subsection 4, Code 2023, is
18amended to read as follows:
194. Remove an appraiser from an appraiser panel without prior
20written notice that identifies the basis for removal. Upon
21request or in conjunction with an examination, an appraisal
22management company shall forward to the administrator director
23 copies of such notices issued to an appraiser located or
24certified in Iowa.
25 Sec. 1718. Section 543E.17, subsection 1, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27After notice and hearing, the administrator director may
28revoke, suspend, or refuse to issue, renew, or reinstate
29a registration; reprimand, censure, or limit the scope of
30practice of any registrant; impose a civil penalty not to
31exceed ten thousand dollars per violation; require remedial
32action; or place any registrant on probation; all with or
33without terms, conditions, or in combinations of remedies, for
34any one or more of the following reasons:
35 Sec. 1719. Section 543E.17, subsection 2, unnumbered
-1043-1paragraph 1, Code 2023, is amended to read as follows:
2When determining whether to initiate a disciplinary
3proceeding against an appraisal management company based
4on actions or omissions by an employee, owner, director,
5controlling person, or other agent of the appraisal
6management company, the administrator director shall take into
7consideration all of the following:
8 Sec. 1720. Section 543E.18, Code 2023, is amended to read
9as follows:
10543E.18 Unlawful practice — complaints and investigations —
11remedies and penalties.
121. If, as the result of a complaint or otherwise, the
13administrator director believes that a person has engaged, or
14is about to engage, in an act or practice that constitutes or
15will constitute a violation of this chapter, the administrator
16 director may make application to the district court for an
17order enjoining such act or practice. Upon a showing by the
18administrator director that such person has engaged, or is
19about to engage, in any such act or practice, an injunction,
20restraining order, or other order as may be appropriate shall
21be granted by the district court.
222. The administrator director may investigate a complaint
23or initiate a complaint against a person who is not registered
24under this chapter to determine whether grounds exist to make
25application to the district court pursuant to subsection 1 or
26to issue an order pursuant to subsection 3, and in connection
27with such complaint or investigation may issue subpoenas to
28compel witnesses to testify or persons to produce evidence
29consistent with the provisions of section 272C.6, subsection
303, as needed to determine whether probable cause exists to
31initiate a proceeding under this section or to make application
32to the district court for an order enjoining a violation of
33this chapter.
343. In addition to or as an alternative to making application
35to the district court for an injunction, the administrator
-1044-1 director may issue an order to a person who is not registered
2under this chapter to require compliance with this chapter
3and may impose a civil penalty against such person for any
4violation specified in subsection 4 in an amount up to ten
5thousand dollars for each violation. All civil penalties
6collected pursuant to this section shall be deposited in the
7housing trust fund created in section 16.181. An order issued
8pursuant to this section may prohibit a person from applying
9for registration under this chapter or certification or
10registration under chapter 543D.
114. The administrator director may impose a civil penalty
12against a person who is not registered under this chapter for
13any of the following:
14a. A violation of section 543E.4.
15b. A violation of section 543D.18A, subsection 1.
16c. Fraud, deceit, or deception, through act or omission,
17in connection with an application for registration under this
18chapter.
195. The administrator director, before issuing an order
20under this section, shall provide the person written notice
21and the opportunity to request a hearing. The hearing must
22be requested within thirty days after receipt of the notice
23and shall be conducted in the same manner as provided for
24disciplinary proceedings involving a registrant under this
25chapter.
266. A person aggrieved by the imposition of a civil penalty
27under this section may seek judicial review pursuant to section
2817A.19.
297. If a person fails to pay a civil penalty within thirty
30days after entry of an order imposing the civil penalty, or if
31the order is stayed pending an appeal, within ten days after
32the court enters a final judgment in favor of the administrator
33 director, the administrator director shall notify the attorney
34general. The attorney general may commence an action to
35recover the amount of the penalty, including reasonable
-1045-1attorney fees and costs.
28. An action to enforce an order under this section may be
3joined with an action for an injunction.
4 Sec. 1721. Section 543E.19, Code 2023, is amended to read
5as follows:
6543E.19 Surety bond.
71. The administrator director shall require that an
8appraisal management company be covered by a surety bond in the
9amount of twenty-five thousand dollars.
102. The surety bond shall be in a form as prescribed by
11the administrator director. The administrator director may,
12pursuant to rule, determine requirements for such surety
13bonds as are necessary to accomplish the purposes of this
14chapter. The requirements for a surety bond shall only relate
15to liabilities, damages, losses, or claims arising out of
16the appraisal management services performed by the appraisal
17management company involving real estate located in this state.
18The bond shall provide that a person having a claim against an
19appraisal management company may bring suit directly on the
20bond or the administrator director may bring suit on behalf of
21such person.
22 Sec. 1722. Section 543E.20, subsections 1, 3, 4, and 5, Code
232023, are amended to read as follows:
241. The administrator director is vested with broad
25administrative authority to administer, interpret, and enforce
26this chapter and to promulgate rules implementing this chapter.
273. The administrator director may conduct periodic
28examinations of applicants or registrants under this chapter as
29reasonably necessary to assure compliance with all or specific
30provisions of this chapter. All papers, documents, examination
31reports, and other records relating to such examinations shall
32be confidential as provided in section 272C.6, subsection 4,
33except as provided in this section.
344. The administrator director may adopt rules governing
35an appraiser’s use of associate real estate appraisers while
-1046-1performing appraisal assignments subject to this chapter.
2Associate real estate appraisers may provide appraisal services
3under the supervision of a certified appraiser as provided
4in chapter 543D and associated rules, but shall not be on an
5appraiser panel of an appraisal management company.
65. The administrator director may require a national
7criminal history check through the federal bureau of
8investigation or, if authorized by federal law or regulation,
9the nationwide mortgage licensing system and registry,
10as defined in section 535D.3, when conducting background
11investigations under this chapter. Except as inconsistent with
12the registry, the following shall apply:
13a. The administrator director may require owners and
14controlling persons who are subject to the background
15investigation provisions of sections 543E.6 and 543E.7 to
16provide a full set of fingerprints, in a form and manner
17prescribed by the administrator director. Such fingerprints,
18if required, shall be submitted to the federal bureau of
19investigation through the state criminal history repository for
20purposes of the national criminal history check.
21b. The administrator director may also request and obtain,
22notwithstanding section 692.2, subsection 5, criminal history
23data for owners and controlling persons who are subject to the
24background investigation provisions of sections 543E.6 and
25543E.7. A request for criminal history data shall be submitted
26to the department of public safety, division of criminal
27investigation, pursuant to section 692.2, subsection 1.
28c. The administrator director shall inform such owners and
29controlling persons of the requirement of a national criminal
30history check or request for criminal history data and obtain
31a signed waiver from the applicant, certificate holder, or
32registrant prior to requesting the check or data.
33d. The administrator director may, in addition to any other
34fees, charge and collect such amounts as may be incurred by the
35administrator director, the department of public safety, or the
-1047-1federal bureau of investigation in obtaining criminal history
2information. Amounts collected shall be considered repayment
3receipts as defined in section 8.2.
4e. Criminal history data and other criminal history
5information relating to affected owners or controlling persons,
6or their appraisal management companies obtained by the
7administrator director pursuant to this section shall remain
8confidential. Such information may, however, be used by the
9administrator director in a registration denial, enforcement,
10or disciplinary proceeding.
11 Sec. 1723. Section 543E.20, subsection 2, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13In addition to the duties and powers conferred upon the
14administrator director in this chapter, the administrator
15 director shall have the authority to adopt such rules as are
16reasonably necessary to assure the administrator’s director’s
17 registration and supervision of appraisal management companies
18comply with the minimum requirements of 12 U.S.C. §3352 and
19related federal laws and regulations, with respect to any of
20the following:
21 Sec. 1724. Section 544A.1, subsection 2, Code 2023, is
22amended to read as follows:
232. The architectural examining board is created within the
24professional licensing and regulation bureau of the banking
25division of the department of commerce inspections, appeals,
26and licensing. The board consists of five members who possess
27a license issued under section 544A.9 and who have been in
28active practice of architecture for not less than five years,
29the last two of which shall have been in Iowa, and two members
30who do not possess a license issued under section 544A.9
31and who shall represent the general public. Members shall
32be appointed by the governor subject to confirmation by the
33senate.
34 Sec. 1725. Section 544A.5, Code 2023, is amended to read as
35follows:
-1048- 1544A.5 Duties.
2The architectural examining board shall enforce this
3chapter, shall adopt rules pursuant to chapter 17A for the
4examination of applicants for the license provided by this
5chapter, and shall, after due public notice, hold meetings each
6year for the purpose of examining applicants for licensure
7and the transaction of business pertaining to the affairs of
8the board. Examinations shall be given as often as deemed
9necessary, but not less than annually. Action at a meeting
10shall not be taken without the affirmative votes of a majority
11of the members of the board. The administrator director of the
12professional licensing and regulation bureau of the banking
13division of the department of commerce inspections, appeals,
14and licensing shall hire and provide staff to assist the board
15with implementing this chapter.
16 Sec. 1726. Section 544A.11, subsection 2, Code 2023, is
17amended to read as follows:
182. All fees shall be paid to the treasurer of state and
19deposited in the general fund of the state licensing and
20regulation fund created in section 10A.507.
21 Sec. 1727. Section 544B.3, subsection 1, Code 2023, is
22amended to read as follows:
231. A landscape architectural examining board is created
24within the professional licensing and regulation bureau of the
25banking division of the department of commerce inspections,
26appeals, and licensing. The board consists of five members
27who are professional landscape architects and two members
28who are not professional landscape architects and who shall
29represent the general public. Members shall be appointed by
30the governor, subject to confirmation by the senate. Four of
31the five professional members shall be actively engaged in the
32practice of landscape architecture or the teaching of landscape
33architecture in an accredited college or university, and shall
34have been so engaged for five years preceding appointment,
35the last two of which shall have been in Iowa. One of the
-1049-1five professional members shall be actively engaged in the
2practice of landscape architecture or the teaching of landscape
3architecture in an accredited college or university, and may
4have been so engaged for fewer than five years preceding
5appointment but at least one year preceding appointment.
6Associations or societies composed of professional landscape
7architects may recommend the names of potential board members
8to the governor. However, the governor is not bound by the
9recommendations. A board member shall not be required to be a
10member of any professional association or society composed of
11professional landscape architects.
12 Sec. 1728. Section 544B.5, Code 2023, is amended to read as
13follows:
14544B.5 Duties.
15The board shall enforce this chapter and shall make rules
16for the examination of applicants for licensure. The board
17shall keep a record of its proceedings. The board shall adopt
18an official seal which shall be affixed to all certificates
19of licensure granted. The board may make other rules, not
20inconsistent with law, as necessary for the proper performance
21of its duties. The board shall maintain a roster showing
22the name, place of business, and residence, and the date and
23number of the certificate of licensure of every professional
24landscape architect in this state. The administrator of the
25professional licensing and regulation bureau of the banking
26division director of the department of commerce inspections,
27appeals, and licensing shall hire and provide staff to assist
28the board in implementing this chapter.
29 Sec. 1729. Section 544B.14, subsection 2, Code 2023, is
30amended to read as follows:
312. All fees shall be collected by the secretary, paid to
32the treasurer of state and deposited in the general fund of the
33state licensing and regulation fund created in section 10A.507.
34 Sec. 1730. Section 544C.1, subsection 2, Code 2023, is
35amended by striking the subsection and inserting in lieu
-1050-1thereof the following:
22. “Department” means the department of inspections,
3appeals, and licensing.
4 Sec. 1731. Section 544C.2, subsection 1, Code 2023, is
5amended to read as follows:
61. An interior design examining board is established
7within the bureau department. The board consists of seven
8members: five members who are interior designers who are
9registered under this chapter and who have been in the active
10practice of interior design for not less than five years, the
11last two of which shall have been in Iowa; and two members who
12are not registered under this chapter and who shall represent
13the general public. Members shall be appointed by the governor
14subject to confirmation by the senate.
15 Sec. 1732. Section 544C.3, subsection 1, paragraph e, Code
162023, is amended to read as follows:
17e. Establishing fees for registration as a registered
18interior designer, renewal of registration, reinstatement of
19registration, and for other activities of the board pertaining
20to its duties. The fees shall be sufficient to defray the
21costs of administering this chapter, and shall be deposited in
22the general fund of the state licensing and regulation fund
23created in section 10A.507.
24 Sec. 1733. Section 544C.3, subsection 2, Code 2023, is
25amended to read as follows:
262. The administrator director of the bureau department
27 shall provide staff to assist the board in the implementation
28of this chapter.
29 Sec. 1734. Section 544C.5, unnumbered paragraph 1, Code
302023, is amended to read as follows:
31Each applicant for registration must meet the interior
32design education and practical training requirements adopted by
33rule by the board, and have passed an examination prescribed
34by the board that is task-oriented, focused on public
35safety, and validated by a recognized testing agency. The
-1051-1bureau department shall register an individual who submits
2an application to the board on the form and in the manner
3prescribed by the board as a registered interior designer if
4the individual satisfies the following requirements:
5 Sec. 1735. Section 546.3, subsection 2, Code 2023, is
6amended by striking the subsection.
7 Sec. 1736. Section 546.10, Code 2023, is amended to read as
8follows:
9546.10 Professional licensing Licensing and regulation bureau
10— superintendent of banking of business and commerce-related
11professions.
121. a. The professional licensing and regulation bureau of
13the banking division department shall administer and coordinate
14the licensing and regulation of several professions by bringing
15together the following licensing boards:
16a. (1) The engineering and land surveying examining board
17created pursuant to chapter 542B.
18b. (2) The Iowa accountancy examining board created
19pursuant to chapter 542.
20c. (3) The real estate commission created pursuant to
21chapter 543B.
22(4) The real estate appraiser examining board created
23pursuant to chapter 543D.
24d. (5) The architectural examining board created pursuant
25to chapter 544A.
26e. (6) The landscape architectural examining board created
27pursuant to chapter 544B.
28f. (7) The interior design examining board created pursuant
29to chapter 544C.
30b. The director shall administer chapter 543E.
312. The bureau is headed by the administrator of professional
32licensing and regulation who shall be the superintendent
33of banking. The administrator director shall appoint and
34supervise staff and shall coordinate activities for the
35licensing boards within the bureau department pursuant to
-1052-1subsection 1 and for the administration of chapter 543E.
23. a. The licensing and regulation examining boards
3included in the bureau pursuant to subsection 1 retain the
4powers granted them pursuant to the chapters in which they
5are created, except for budgetary and personnel matters which
6shall be handled by the administrator director. Each licensing
7board shall adopt rules pursuant to chapter 17A. Decisions by
8a licensing board are final agency actions for purposes of
9chapter 17A.
10b. Notwithstanding subsection 5, eighty-five percent of the
11funds received annually resulting from an increase in licensing
12fees implemented on or after April 1, 2002, by a licensing
13board or commission listed in subsection 1, is appropriated
14to the professional licensing and regulation bureau to be
15allocated to the board or commission for the fiscal year
16beginning July 1, 2002, and succeeding fiscal years, for
17purposes related to the duties of the board or commission,
18including but not limited to additional full-time equivalent
19positions. In addition, notwithstanding subsection 5,
20twenty-five dollars from each real estate salesperson’s license
21fee and each broker’s license fee received pursuant to section
22543B.14 is appropriated to the professional licensing and
23regulation bureau for the purpose of hiring and compensating
24a real estate education director and regulatory compliance
25personnel. The director of the department of administrative
26services shall draw warrants upon the treasurer of state from
27the funds appropriated as provided in this section and shall
28make the funds available to the professional licensing and
29regulation bureau on a monthly basis during each fiscal year.
304. The professional licensing and regulation bureau of
31the banking division of the department of commerce may expend
32additional funds, including funds for additional personnel, if
33those additional expenditures are directly the cause of actual
34examination expenses exceeding funds budgeted for examinations.
35Before the bureau department expends or encumbers an amount in
-1053-1excess of the funds budgeted for examinations, the director of
2the department of management shall approve the expenditure or
3encumbrance. Before approval is given, the director of the
4department of management shall determine that the examination
5expenses exceed the funds budgeted by the general assembly to
6the bureau department and the bureau department does not have
7other funds from which the expenses can be paid. Upon approval
8of the director of the department of management, the bureau
9 department may expend and encumber funds for excess examination
10expenses. The amounts necessary to fund the examination
11expenses shall be collected as fees from additional examination
12applicants and shall be treated as repayment receipts as
13defined in section 8.2, subsection 8.
145. Fees collected under chapters 542, 542B, 543B, 544A,
15544B, and 544C shall be paid to the treasurer of state and
16credited to the general fund of the state. All expenses
17required in the discharge of the duties and responsibilities
18imposed upon the professional licensing and regulation bureau
19of the banking division of the department of commerce, the
20administrator director, and the licensing boards by the laws
21of this state shall be paid from moneys appropriated by the
22general assembly for those purposes. All fees deposited into
23the general fund of the state, as provided in this subsection,
24shall be subject to the requirements of section 8.60.
256. The licensing boards included in the bureau department
26 pursuant to subsection 1 may refuse to issue or renew a license
27to practice a profession to any person otherwise qualified
28upon any of the grounds for which a license may be revoked
29or suspended or a licensee may otherwise be disciplined, or
30upon any other grounds set out in the chapter governing the
31respective board.
327. The licensing boards included in the bureau department
33 pursuant to subsection 1 may suspend, revoke, or refuse to
34issue or renew a license, or may discipline a licensee based
35upon a suspension, revocation, or other disciplinary action
-1054-1taken by a licensing authority in this or another state,
2territory, or country. For purposes of this subsection,
3“disciplinary action” includes the voluntary surrender of
4a license to resolve a pending disciplinary investigation
5or proceeding. A certified copy of the record or order
6of suspension, revocation, voluntary surrender, or other
7disciplinary action is prima facie evidence of such fact.
88. Notwithstanding any other provision of law to the
9contrary, the licensing boards included within the bureau
10 department pursuant to subsection 1 may by rule establish the
11conditions under which an individual licensed in a different
12jurisdiction may be issued a reciprocal or comity license, if,
13in the board’s discretion, the applicant’s qualifications for
14licensure are substantially equivalent to those required of
15applicants for initial licensure in this state.
169. Notwithstanding section 272C.6, the licensing boards
17included within the bureau department pursuant to subsection
181 may by rule establish the conditions under which the board
19may supply to a licensee who is the subject of a disciplinary
20complaint or investigation, prior to the initiation of a
21disciplinary proceeding, all or such parts of a disciplinary
22complaint, disciplinary or investigatory file, report, or other
23information, as the board in its sole discretion believes would
24aid the investigation or resolution of the matter.
2510. Notwithstanding section 17A.6, subsection 2, the
26licensing boards included within the bureau department pursuant
27to subsection 1 may adopt standards by reference to another
28publication without providing a copy of the publication to the
29administrative code editor if the publication containing the
30standards is readily accessible on the internet at no cost and
31the internet site at which the publication may be found is
32included in the administrative rules that adopt the standard.
3311. Renewal periods for all licenses and certificates of the
34licensing boards included within the bureau department pursuant
35to subsection 1 may be annual or multiyear, as provided by
-1055-1rule.
212. A quorum of a licensing board included within the
3bureau department pursuant to subsection 1 shall be a majority
4of the members of the board and action may be taken upon a
5majority vote of board members present at a meeting who are not
6disqualified.
7 Sec. 1737. Section 710A.7, Code 2023, is amended to read as
8follows:
9710A.7 Peace officer referral.
10If during the course of an investigation or prosecution
11under this chapter a peace officer has reason to believe that
12a person who purports to be licensed pursuant to chapter 152C
13or 157 does not possess a valid license or is in violation of
14any other state or federal laws, the peace officer may report
15such noncompliance to the appropriate licensing board under
16the professional licensure division within the department of
17public health inspections, appeals, and licensing, and to the
18appropriate state or federal authorities.
19 Sec. 1738. Section 727.2, subsection 2, paragraph b,
20subparagraph (2), Code 2023, is amended to read as follows:
21(2) A person who uses or explodes display fireworks while
22the use of such devices is suspended by an order of the state
23fire marshal director of the department of inspections,
24appeals, and licensing pursuant to section 10A.511, subsection
256, commits a simple misdemeanor, punishable by a fine of not
26less than two hundred fifty dollars.
27 Sec. 1739. Section 727.2, subsection 3, paragraph c,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) A person who uses or explodes consumer fireworks or
30novelties while the use of such devices is suspended by an
31order of the state fire marshal director of the department
32of inspections, appeals, and licensing pursuant to section
3310A.511, subsection 6, commits a simple misdemeanor, punishable
34by a fine of not less than two hundred fifty dollars.
35 Sec. 1740. Section 904.318, subsection 2, Code 2023, is
-1056-1amended to read as follows:
22. The state fire marshal director of the department
3of inspections, appeals, and licensing or the director’s
4designee shall cause an annual inspection to be made of all the
5institutions listed in section 904.102 and shall make a written
6report of the inspection to the director.
7 Sec. 1741. REPEAL. Sections 100D.8 and 100D.9, Code 2023,
8are repealed.
9 Sec. 1742. CODE EDITOR DIRECTIVE.
101. The Code editor is directed to make the following
11transfers:
12a. Section 100.11 to section 10A.513.
13b. Section 100.12 to section 10A.514.
14c. Section 100.13 to section 10A.515.
15d. Section 100.14 to section 10A.516.
16e. Section 100.16 to section 10A.517.
17f. Section 100.18 to section 10A.518.
18g. Section 100.19 to section 10A.519.
19h. Section 100.19A to section 10A.520.
20i. Section 100.26 to section 10A.521.
21j. Section 100.31 to section 10A.522.
22k. Section 100.35 to section 10A.523.
23l. Section 100.38 to section 10A.525.
24m. Section 100.39 to section 10A.524.
25n. Section 135.11A to section 10A.503.
26o. Section 135.11B to section 10A.504.
27p. Section 135.31 to section 10A.505.
28q. Section 135.37 to section 10A.531.
29r. Section 135.37A to section 10A.532.
30s. Section 135.105A to section 10A.902.
31t. Section 135.105C to section 10A.903.
32u. Section 546.10 to section 10A.506.
332. The Code editor is directed to rename article V of
34chapter 10A as subchapter V and designate parts as follows:
35a. Subchapter V shall be entitled “Licensing and
-1057-1Regulation” and include sections 10A.501 through 10A.534.
2b. Subchapter V, part 1, shall be entitled “General
3Provisions” and include sections 10A.501 through 10A.510.
4c. Subchapter V, part 2, shall be entitled “Fire Control”
5and include sections 10A.511 through 10A.530.
6d. Subchapter V, part 3, shall be entitled “Tattooing and
7Hair Braiding” and include sections 10A.531 through 10A.534.
83. The Code editor is directed to create new subchapter
9IX within chapter 10A which shall be entitled “Lead Abatement
10Program” and include sections 10A.902 and 10A.903.
114. The Code editor may modify subchapter and part titles if
12necessary and is directed to correct internal references in the
13Code as necessary due to enactment of this section.
14 Sec. 1743. TRANSITION PROVISION. All fees collected under
15chapters 543D and 543E and deposited into the department of
16commerce revolving fund created in section 546.12, Code 2023,
17as of the effective date of this division of this Act, shall be
18transferred for deposit in the licensing and regulation fund as
19created in this division of this Act.
20administrative law judges
21 Sec. 1744. Section 8A.415, subsection 1, paragraph b, Code
222023, is amended to read as follows:
23b. If not satisfied, the employee may, within thirty
24calendar days following the director’s response, file an
25appeal with the public employment relations board. The
26hearing shall be conducted in accordance with the rules of the
27public employment relations board and the Iowa administrative
28procedure Act, chapter 17A. Decisions rendered shall be based
29upon a standard of substantial compliance with this subchapter
30and the rules of the department. Decisions by the public
31employment relations board constitute final agency action.
32However, if the employee is an administrative law judge
33appointed or employed by the public employment relations board,
34the employee’s appeal shall be heard by an administrative law
35judge employed by the administrative hearings division of the
-1058-1department of inspections and appeals in accordance with the
2provisions of section 10A.801, whose decision shall constitute
3final agency action.
4 Sec. 1745. Section 8A.415, subsection 2, paragraph b, Code
52023, is amended to read as follows:
6b. If not satisfied, the employee may, within thirty
7calendar days following the director’s response, file an appeal
8with the public employment relations board. The employee has
9the right to a hearing closed to the public, unless a public
10hearing is requested by the employee. The hearing shall
11otherwise be conducted in accordance with the rules of the
12public employment relations board and the Iowa administrative
13procedure Act, chapter 17A. If the public employment relations
14board finds that the action taken by the appointing authority
15was for political, religious, racial, national origin, sex,
16age, or other reasons not constituting just cause, the employee
17may be reinstated without loss of pay or benefits for the
18elapsed period, or the public employment relations board may
19provide other appropriate remedies. Decisions by the public
20employment relations board constitute final agency action.
21However, if the employee is an administrative law judge
22appointed or employed by the public employment relations board,
23the employee’s appeal shall be heard by an administrative law
24judge employed by the administrative hearings division of the
25department of inspections and appeals in accordance with the
26provisions of section 10A.801, whose decision shall constitute
27final agency action.
28 Sec. 1746. Section 96.6, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. Appeals from the initial determination shall be heard by
31an administrative law judge employed by the department division
32of administrative hearings created by section 10A.801. An
33administrative law judge’s decision may be appealed by any
34party to the employment appeal board created in section 10A.601
35or directly to the district court.
-1059-1 Sec. 1747. Section 216.15, subsection 3, paragraph a, Code
22023, is amended to read as follows:
3a. After the filing of a verified complaint, a true copy
4shall be served within twenty days on the person against whom
5the complaint is filed, except as provided in subsection 4.
6An authorized member of the commission staff shall make a
7prompt investigation and shall issue a recommendation to an
8administrative law judge employed either by the commission or
9 by the division of administrative hearings created by section
1010A.801, who shall then issue a determination of probable cause
11or no probable cause.
12 Sec. 1748. Section 256.7, subsection 6, Code 2023, is
13amended to read as follows:
146. Hear appeals of persons aggrieved by decisions of boards
15of directors of school corporations under chapter 290 and
16other appeals prescribed by law. The state board may review
17the record and shall review the decision of the director of
18the department of education or the administrative law judge
19employed by the division of administrative hearings created
20by section 10A.801 and designated for any appeals heard and
21decided by the director under chapter 290, and may affirm,
22modify, or vacate the decision, or may direct a rehearing
23before the director.
24 Sec. 1749. Section 256B.6, subsection 4, Code 2023, is
25amended to read as follows:
264. Notwithstanding section 17A.11, the state board
27of education shall adopt rules for the appointment of an
28impartial administrative law judge employed by the division
29of administrative hearings created by section 10A.801 for
30special education appeals. The rules shall comply with federal
31statutes and regulations.
32 Sec. 1750. Section 272.14, Code 2023, is amended to read as
33follows:
34272.14 Appointment of administrative law judges.
35The board shall maintain a list of qualified persons
-1060- 1employed by the division of administrative hearings created
2by section 10A.801 and who are experienced in the educational
3system of this state to serve as administrative law judges when
4a hearing is requested under section 279.24. When requested
5under section 279.24, the board shall submit a list of five
6qualified administrative law judges from the list maintained
7by the board to the parties. The parties shall select one of
8the five qualified persons to conduct the hearing as provided
9in section 279.24. The hearing shall be held pursuant to
10the provisions of chapter 17A relating to contested cases.
11The full costs of the hearing shall be shared equally by the
12parties.
13 Sec. 1751. Section 279.24, subsection 5, paragraph c, Code
142023, is amended to read as follows:
15c. Within five days after receipt of the written notice
16that the school board has voted to consider termination of
17the contract, the administrator may request a private hearing
18in writing to the secretary of the school board. The board
19shall then forward the notification to the board of educational
20examiners along with a request that the board of educational
21examiners submit a list of five qualified administrative law
22judges who are employed by the division of administrative
23hearings created by section 10A.801 to the parties. Within
24three days from receipt of the list the parties shall select an
25administrative law judge by alternately removing a name from
26the list until only one name remains. The person whose name
27remains shall be the administrative law judge. The parties
28shall determine by lot which party shall remove the first name
29from the list. The private hearing shall be held no sooner
30than twenty days and not later than forty days following the
31administrator’s request unless the parties otherwise agree.
32If the administrator does not request a private hearing,
33the school board, not later than May 31, may determine the
34continuance or discontinuance of the contract and, if the
35board determines to continue the administrator’s contract,
-1061-1whether to suspend the administrator with or without pay for a
2period specified by the board. School board action shall be by
3majority roll call vote entered on the minutes of the meeting.
4Notice of school board action shall be personally delivered or
5mailed to the administrator.
6civil rights commission
7 Sec. 1752. Section 216.3, subsection 1, Code 2023, is
8amended to read as follows:
91. The Iowa state civil rights commission shall consist
10 is created within the department of inspections, appeals, and
11licensing consisting of seven members appointed by the governor
12subject to confirmation by the senate. Appointments shall be
13made to provide geographical area representation insofar as
14practicable. No more than four members of the commission shall
15belong to the same political party. Members appointed to the
16commission shall serve for four-year staggered terms beginning
17and ending as provided by section 69.19.
18conforming changes
19 Sec. 1753. Section 8A.412, subsection 19, Code 2023, is
20amended to read as follows:
2119. The superintendent of the banking division of the
22department of commerce, all members of the state banking
23council, and all employees of the banking division except for
24employees of the professional licensing and regulation bureau
25of the division.
26 Sec. 1754. Section 8A.457, Code 2023, is amended to read as
27follows:
288A.457 Workers’ compensation claims.
29The director shall employ appropriate staff to handle and
30adjust claims of state employees for workers’ compensation
31benefits pursuant to chapter 10A, subchapter III, and
32 chapters 85, 85A, and 85B, and 86, or with the approval of
33the executive council contract for the services or purchase
34workers’ compensation insurance coverage for state employees or
35selected groups of state employees. A state employee workers’
-1062-1compensation fund is created in the state treasury under the
2control of the department to pay state employee workers’
3compensation claims and administrative costs. The department
4shall establish a rating formula and assess premiums to all
5agencies, departments, and divisions of the state including
6those which have not received an appropriation for the payment
7of workers’ compensation insurance and which operate from
8moneys other than from the general fund of the state. The
9department shall collect the premiums and deposit them into the
10state employee workers’ compensation fund. Notwithstanding
11section 8.33, moneys deposited in the state employee workers’
12compensation fund shall not revert to the general fund of the
13state at the end of any fiscal year, but shall remain in the
14state employee workers’ compensation fund and be continuously
15available to pay state employee workers’ compensation claims.
16The director may, to the extent practicable, contract with
17a private organization to handle the processing and payment
18of claims and services rendered under the provisions of this
19section.
20 Sec. 1755. Section 8A.504, subsection 3, Code 2023, is
21amended to read as follows:
223. In the case of multiple claims to payments filed under
23this section, priority shall be given to claims filed by
24the child support recovery unit or the foster care recovery
25unit, next priority shall be given to claims filed by the
26clerk of the district court, next priority shall be given
27to claims filed by the college student aid commission, next
28priority shall be given to claims filed by the investigations
29division of the department of inspections, and appeals, and
30licensing relating to investigations by the department, and
31last priority shall be given to claims filed by other public
32agencies. In the case of multiple claims in which the priority
33is not otherwise provided by this subsection, priority shall be
34determined in accordance with rules to be established by the
35director.
-1063-1 Sec. 1756. Section 8A.512, subsection 1, paragraph b,
2subparagraph (1), Code 2023, is amended to read as follows:
3(1) Claims by state employees for benefits pursuant to
4chapter 10A, subchapter III, and chapters 85, 85A, and 85B, and
586 are subject to limitations provided in those chapters.
6 Sec. 1757. Section 13B.1, subsection 3, Code 2023, is
7amended to read as follows:
83. “Department” means the department of inspections, and
9 appeals, and licensing.
10 Sec. 1758. Section 13B.2, Code 2023, is amended to read as
11follows:
1213B.2 Position established.
13The position of state public defender is established within
14the department of inspections, and appeals, and licensing. The
15governor shall appoint the state public defender, who shall
16serve at the pleasure of the governor, subject to confirmation
17by the senate, no less frequently than once every four years,
18whether or not there has been a new state public defender
19appointed during that time, and shall establish the state
20public defender’s salary.
21 Sec. 1759. Section 13B.6, subsection 2, Code 2023, is
22amended to read as follows:
232. The department of inspections, and appeals, and
24licensing shall provide internal accounting and related fiscal
25services for the state public defender.
26 Sec. 1760. Section 15.108, subsection 7, paragraph f, Code
272023, is amended to read as follows:
28f. To the extent feasible, cooperate with the department of
29workforce development and the division of workers’ compensation
30of the department of inspections, appeals, and licensing to
31establish a program to educate existing employers and new or
32potential employers on the rates and workings of the state
33unemployment compensation program and the state workers’
34compensation program.
35 Sec. 1761. Section 15E.208, subsection 4, paragraph b, Code
-1064-12023, is amended to read as follows:
2b. An agricultural products processor, if the processor or
3a person owning a controlling interest in the processor has
4demonstrated, within the most recent consecutive three-year
5period prior to the application for financing, a continuous and
6flagrant disregard for the health and safety of its employees
7or the quality of the environment. Violations of environmental
8protection statutes, rules, or regulations shall be reported
9for the most recent five-year period prior to application.
10Evidence of such disregard shall include a history of serious
11or uncorrected violations of state or federal law protecting
12occupational health and safety or the environment, including
13but not limited to serious or uncorrected violations of
14occupational safety and health standards enforced by the
15division of labor services of the department of workforce
16development inspections, appeals, and licensing pursuant to
17chapter 84A 10A, or rules enforced by the department of natural
18resources pursuant to chapter 455B or 459, subchapters II and
19III.
20 Sec. 1762. Section 17A.11, subsection 1, paragraph c, Code
212023, is amended to read as follows:
22c. For purposes of paragraph “a”, the division of
23administrative hearings established in section 10A.801 shall
24be treated as a wholly separate agency from the department of
25inspections, and appeals, and licensing.
26 Sec. 1763. Section 35D.15, subsection 2, paragraph c,
27subparagraph (2), subparagraph divisions (c), (d), and (e),
28Code 2023, are amended to read as follows:
29(c) If the member is not satisfied with the decision of the
30commission, the member may appeal the commission’s decision
31by filing an appeal with the department of inspections, and
32 appeals, and licensing within five calendar days of being
33notified in writing of the commission’s decision.
34(d) The department of inspections, and appeals, and
35licensing shall render a decision on the appeal of the
-1065-1commission’s decision and notify the member of the decision,
2in writing, within fifteen calendar days of the filing of the
3appeal with the department.
4(e) The maximum time period that shall elapse between
5receipt by the member of the discharge notice and actual
6discharge shall not exceed fifty-five days, which includes the
7thirty-day discharge notice period and any time during which
8any appeals to the commission or the department of inspections,
9 and appeals, and licensing are pending.
10 Sec. 1764. Section 35D.15, subsection 2, paragraph c,
11subparagraph (3), Code 2023, is amended to read as follows:
12(3) If a member is not satisfied with the decision of the
13department of inspections, and appeals, and licensing, the
14member may seek judicial review in accordance with chapter 17A.
15A member’s discharge under this subsection shall be stayed
16while judicial review is pending.
17 Sec. 1765. Section 35D.15, subsection 2, paragraph f, Code
182023, is amended to read as follows:
19f. Any involuntary discharge by the commandant under
20this subsection shall comply with the rules adopted by the
21commission under this subsection and by the department of
22inspections, and appeals, and licensing pursuant to section
23135C.14, subsection 8, paragraph “f”.
24 Sec. 1766. Section 53.8, subsection 3, paragraph a, Code
252023, is amended to read as follows:
26a. When an application for an absentee ballot is received
27by the commissioner of any county from a registered voter who
28is a patient in a hospital in that county, a tenant of an
29assisted living program in that county as shown by the list
30of certifications provided the commissioner under section
31231C.21, or a resident of any facility in that county shown to
32be a health care facility by the list of licenses provided the
33commissioner under section 135C.29, the absentee ballot shall
34be delivered to the voter and returned to the commissioner in
35the manner prescribed by section 53.22. For purposes of this
-1066-1paragraph, “assisted living program” means a program certified
2pursuant to section 231C.3 that meets the standards for a
3dementia-specific assisted living program, as established
4by rule by the department of inspections, and appeals, and
5licensing.
6 Sec. 1767. Section 53.22, subsection 1, Code 2023, is
7amended to read as follows:
81. For purposes of this section, “assisted living program”
9means a program certified pursuant to section 231C.3 that meets
10the standards for a dementia-specific assisted living program,
11as established by rule by the department of inspections, and
12 appeals, and licensing.
13 Sec. 1768. Section 68B.2, subsection 23, Code 2023, is
14amended to read as follows:
1523. “Regulatory agency” means the department of agriculture
16and land stewardship, department of workforce development,
17department of commerce, Iowa department of public health,
18department of public safety, department of education, state
19board of regents, department of human services, department of
20revenue, department of inspections, and appeals, and licensing,
21 department of administrative services, public employment
22relations board, state department of transportation, civil
23rights commission, department of public defense, department of
24homeland security and emergency management, Iowa ethics and
25campaign disclosure board, and department of natural resources.
26 Sec. 1769. Section 73.16, subsection 2, paragraph c,
27subparagraph (1), Code 2023, is amended to read as follows:
28(1) The director of each department and agency of state
29government shall cooperate with the director of the department
30of inspections, and appeals, and licensing, the director of
31the economic development authority, and the director of the
32department of management and do all acts necessary to carry out
33the provisions of this subchapter.
34 Sec. 1770. Section 80.15, subsection 2, Code 2023, is
35amended to read as follows:
-1067- 12. During the period of twelve months after appointment, a
2peace officer of the department is subject to dismissal at the
3will of the commissioner. After the twelve months’ service,
4a peace officer of the department, who was appointed after
5having passed the examinations, is not subject to dismissal,
6suspension, disciplinary demotion, or other disciplinary action
7resulting in the loss of pay unless charges have been filed
8with the department of inspections, and appeals, and licensing
9 and a hearing held by the employment appeal board created by
10section 10A.601, if requested by the peace officer, at which
11the peace officer has an opportunity to present a defense
12to the charges. The decision of the appeal board is final,
13subject to the right of judicial review in accordance with
14the terms of the Iowa administrative procedure Act, chapter
1517A. However, these procedures as to dismissal, suspension,
16demotion, or other discipline do not apply to a peace officer
17who is covered by a collective bargaining agreement which
18provides otherwise, and do not apply to the demotion of a
19division head to the rank which the division head held at the
20time of appointment as division head, if any. A division head
21who is demoted has the right to return to the rank which the
22division head held at the time of appointment as division head,
23if any.
24 Sec. 1771. Section 84A.5, subsection 6, Code 2023, is
25amended to read as follows:
266. The director of the department of workforce development
27shall form a coordinating committee composed of the director
28of the department of workforce development, the labor
29commissioner, the workers’ compensation commissioner, and
30other administrators. The committee shall monitor federal
31compliance issues relating to coordination of functions among
32the divisions within the department.
33 Sec. 1772. Section 85.3, subsection 2, Code 2023, is amended
34to read as follows:
352. Any employer who is a nonresident of this state, for whom
-1068-1services are performed within this state by any employee, is
2deemed to be doing business in this state by virtue of having
3such services performed and the employer and employee shall
4be subject to the jurisdiction of the workers’ compensation
5commissioner and to all of the provisions of chapter 10A,
6subchapter III, this chapter, and chapters 85A, 85B, 86, and
787, as to any and all personal injuries sustained by the
8employee arising out of and in the course of such employment
9within this state. In addition, every corporation, individual,
10personal representative, partnership, or association that has
11the necessary minimum contact with this state shall be subject
12to the jurisdiction of the workers’ compensation commissioner,
13and the workers’ compensation commissioner shall hold such
14corporation, individual, personal representative, partnership,
15or association amenable to suit in this state in every case not
16contrary to the provisions of the Constitution of the United
17States.
18 Sec. 1773. Section 85.3, subsection 3, paragraph b, Code
192023, is amended to read as follows:
20b. In addition to those persons authorized to receive
21personal service as in civil actions as permitted by chapter
2217A and this chapter, such employer shall be deemed to have
23appointed the secretary of state of this state as its lawful
24attorney upon whom may be served or delivered any and all
25notices authorized or required by the provisions of chapter
2610A, subchapter III, this chapter, and chapters 85A, 85B, 86,
27 87, and 17A, and to agree that any and all such services or
28deliveries of notice on the secretary of state shall be of the
29same legal force and validity as if personally served upon or
30delivered to such nonresident employer in this state.
31 Sec. 1774. Section 85.26, subsections 1 and 2, Code 2023,
32are amended to read as follows:
331. An original proceeding for benefits under chapter
3410A, subchapter III, this chapter, or chapter 85A, or 85B,
35or 86, shall not be maintained in any contested case unless
-1069-1the proceeding is commenced within two years from the date of
2the occurrence of the injury for which benefits are claimed
3or, if weekly compensation benefits are paid under section
486.13, within three years from the date of the last payment
5of weekly compensation benefits. For the purposes of this
6section, “date of the occurrence of the injury” means the date
7that the employee knew or should have known that the injury was
8work-related.
92. An award for payments or an agreement for settlement
10provided by section 86.13 for benefits under this chapter or
11chapter 85A or 85B, where the amount has not been commuted,
12may be reviewed upon commencement of reopening proceedings
13by the employer or the employee within three years from the
14date of the last payment of weekly benefits made under the
15award or agreement. If an award for payments or agreement for
16settlement as provided by section 86.13 for benefits under this
17chapter or chapter 85A or 85B has been made and the amount
18has not been commuted, or if a denial of liability is not
19filed with the workers’ compensation commissioner and notice
20of the denial is not mailed to the employee, in the form and
21manner required by the commissioner, within six months of the
22commencement of weekly compensation benefits, the commissioner
23may at any time upon proper application make a determination
24and appropriate order concerning the entitlement of an employee
25to benefits provided for in section 85.27. The failure to
26file a denial of liability does not constitute an admission of
27liability under chapter 10A, subchapter III, this chapter, or
28chapter 85A, or 85B, or 86.
29 Sec. 1775. Section 85.31, subsection 5, Code 2023, is
30amended to read as follows:
315. Except as otherwise provided by treaty, whenever, under
32the provisions of chapter 10A, subchapter III, this chapter,
33 and chapters 86 and chapter 87, compensation is payable to a
34dependent who is an alien not residing in the United States at
35the time of the injury, the employer shall pay fifty percent of
-1070-1the compensation herein otherwise provided to such dependent,
2and the other fifty percent shall be paid into the second
3injury fund in the custody of the treasurer of state. But if
4the nonresident alien dependent is a citizen of a government
5having a compensation law which excludes citizens of the United
6States, either resident or nonresident, from partaking of the
7benefits of such law in as favorable degree as herein extended
8to the nonresident alien, then the compensation which would
9otherwise be payable to the dependent shall be paid into the
10second injury fund in the custody of the treasurer of state.
11 Sec. 1776. Section 85.34, subsections 4, 5, and 7, Code
122023, are amended to read as follows:
134. Credits for excess payments. If an employee is paid
14weekly compensation benefits for temporary total disability
15under section 85.33, subsection 1, for a healing period
16under section 85.34, subsection 1, or for temporary partial
17disability under section 85.33, subsection 2, in excess of that
18required by chapter 10A, subchapter III, this chapter, and
19chapters 85A, and 85B, and 86, the excess paid by the employer
20shall be credited against the liability of the employer for
21any future weekly benefits due for an injury to that employee,
22provided that the employer or the employer’s representative has
23acted in good faith in determining and notifying an employee
24when the temporary total disability, healing period, or
25temporary partial disability benefits are terminated.
265. Recovery of employee overpayment. If an employee is paid
27any weekly benefits in excess of that required by chapter 10A,
28subchapter III, this chapter, and chapters 85A, and 85B, and
2986, the excess paid by the employer shall be credited against
30the liability of the employer for any future weekly benefits
31due pursuant to subsection 2, for any current or subsequent
32injury to the same employee.
337. Successive disabilities. An employer is liable for
34compensating only that portion of an employee’s disability that
35arises out of and in the course of the employee’s employment
-1071-1with the employer and that relates to the injury that serves
2as the basis for the employee’s claim for compensation under
3chapter 10A, subchapter III, this chapter, or chapter 85A, or
4 85B, or 86. An employer is not liable for compensating an
5employee’s preexisting disability that arose out of and in the
6course of employment from a prior injury with the employer,
7to the extent that the employee’s preexisting disability has
8already been compensated under chapter 10A, subchapter III,
9 this chapter, or chapter 85A, or 85B, or 86. An employer is not
10liable for compensating an employee’s preexisting disability
11that arose out of and in the course of employment with a
12different employer or from causes unrelated to employment.
13 Sec. 1777. Section 85.35, subsections 1 and 10, Code 2023,
14are amended to read as follows:
151. The parties to a contested case or persons who are
16involved in a dispute which could culminate in a contested case
17may enter into a settlement of any claim arising under chapter
1810A, subchapter III, this chapter, or chapter 85A, or 85B, or
1986, providing for disposition of the claim. The settlement
20shall be in writing on forms prescribed by the workers’
21compensation commissioner and submitted to the workers’
22compensation commissioner for approval.
2310. Approval of a settlement by the workers’ compensation
24commissioner is binding on the parties and shall not be
25construed as an original proceeding. Notwithstanding any
26provisions of chapter 10A, subchapter III, this chapter,
27 and chapters 85A, 85B, 86, and 87, an approved compromise
28settlement shall constitute a final bar to any further rights
29arising under chapter 10A, subchapter III, this chapter, and
30chapters 85A, 85B, 86, and 87 regarding the subject matter of
31the compromise and a payment made pursuant to a compromise
32settlement agreement shall not be construed as the payment of
33weekly compensation.
34 Sec. 1778. Section 85.55, subsection 2, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1072- 1For purposes of chapter 10A, subchapter III, this chapter,
2 and chapters 86 and chapter 87, a franchisor shall not be
3considered to be an employer of a franchisee or of an employee
4of a franchisee unless any of the following conditions apply:
5 Sec. 1779. Section 85.59, subsection 7, Code 2023, is
6amended to read as follows:
77. Responsibility for the filings required by chapter
886 chapter 10A, subchapter III, for injuries resulting in
9permanent disability or death and as modified by this section
10shall be made in the same manner as for other employees of the
11institution.
12 Sec. 1780. Section 85.60, Code 2023, is amended to read as
13follows:
1485.60 Injuries while in work-based learning opportunity,
15employment training, or evaluation.
16A person participating in a work-based learning opportunity
17referred to in section 85.61, or receiving earnings while
18engaged in employment training or while undergoing an
19employment evaluation under the direction of a rehabilitation
20facility approved for purchase-of-service contracts or for
21referrals by the department of human services or the department
22of education, who sustains an injury arising out of and in the
23course of the work-based learning opportunity participation,
24employment training, or employment evaluation is entitled
25to benefits as provided in chapter 10A, subchapter III,
26 this chapter, chapter 85A, and chapter 85B, and chapter 86.
27Notwithstanding the minimum benefit provisions of this chapter,
28a person referred to in this section and entitled to benefits
29under this chapter is entitled to receive a minimum weekly
30benefit amount for a permanent partial disability under section
3185.34, subsection 2, or for a permanent total disability under
32section 85.34, subsection 3, equal to the weekly benefit amount
33of a person whose gross weekly earnings are thirty-five percent
34of the statewide average weekly wage computed pursuant to
35section 96.3 and in effect at the time of the injury.
-1073-1 Sec. 1781. Section 85.61, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3In chapter 10A, subchapter III, this chapter, and chapters
486 and chapter 87, unless the context otherwise requires, the
5following definitions of terms shall prevail:
6 Sec. 1782. Section 85.61, subsection 12, paragraph b, Code
72023, is amended to read as follows:
8b. The term “worker” or “employee” shall include the
9singular and plural. Any reference to a worker or employee
10who has been injured shall, when such worker or employee
11is dead, include the worker’s or employee’s dependents as
12defined in this chapter or the worker’s or employee’s legal
13representatives; and where the worker or employee is a minor
14or incompetent, it shall include the minor’s or incompetent
15person’s guardian, next friend, or trustee. Notwithstanding
16any law prohibiting the employment of minors, all minor
17employees shall be entitled to the benefits of chapter 10A,
18subchapter III, this chapter, and chapters 86 and chapter 87
19regardless of the age of such minor employee.
20 Sec. 1783. Section 85.70, subsection 2, paragraph f, Code
212023, is amended to read as follows:
22f. Beginning on or before December 1, 2018, the department
23of workforce development, in cooperation with the department of
24education, the workers’ compensation division of the department
25of inspections, appeals, and licensing, the insurance division
26of the department of commerce, and all community colleges
27that are participating in the new career vocational training
28and education program, shall prepare an annual report for
29submission to the general assembly that provides information
30about the status of the program including but not limited to
31the utilization of and participants in the program, program
32completion rates, employment rates after completion of the
33program and the types of employment obtained by the program
34participants, and the effects of the program on workers’
35compensation premium rates.
-1074-1 Sec. 1784. Section 85B.14, Code 2023, is amended to read as
2follows:
385B.14 Applicable chapters.
4Chapters Chapter 10A, subchapter III, and chapters 17A,
5 and 85, and 86, so far as applicable, and not inconsistent
6with this chapter, apply in cases of compensable occupational
7hearing loss.
8 Sec. 1785. Section 87.1, subsection 1, Code 2023, is amended
9to read as follows:
101. Every employer subject to the provisions of chapter
1110A, subchapter III, this chapter, and chapters 85, 85A, and
12 85B, and 86, unless relieved as hereinafter provided from the
13requirements imposed under chapter 10A, subchapter III, this
14chapter, and chapters 85, 85A, and 85B, and 86, shall insure
15the employer’s liability under chapter 10A, subchapter III,
16 this chapter, and chapters 85, 85A, and 85B, and 86 in some
17corporation, association, or organization approved by the
18commissioner of insurance.
19 Sec. 1786. Section 87.2, subsection 2, Code 2023, is amended
20to read as follows:
212. An employer coming under the provisions of chapter 10A,
22subchapter III, this chapter, and chapters 85, 85A, and 85B,
23and 86 who fails to comply with this section, or to post and
24keep the above notice in the manner and form required, shall be
25guilty of a simple misdemeanor.
26 Sec. 1787. Section 87.6, Code 2023, is amended to read as
27follows:
2887.6 Certificate of approval.
29When such scheme or plan is approved by the workers’
30compensation commissioner, the commissioner shall issue a
31certificate to that effect, whereupon it shall be legal for
32such employer, or group of employers, to contract with any or
33all of the workers of the employer or group of employers to
34substitute such scheme or plan for the provisions relating to
35compensation and insurance during a period of time fixed by
-1075-1said department the insurance division of the department of
2insurance and financial services.
3 Sec. 1788. Section 87.11, subsections 3 and 4, Code 2023,
4are amended to read as follows:
53. a. If an employer becomes insolvent and a debtor under
611 U.S.C., on or after January 1, 1990, the commissioner of
7insurance may request of the workers’ compensation commissioner
8that all future payments of workers’ compensation weekly
9benefits, medical expenses, or other payments pursuant to
10chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
11or 85B, or 86, be commuted to a present lump sum. The workers’
12compensation commissioner shall fix the lump sum of probable
13future medical expenses and weekly compensation benefits, or
14other benefits payable pursuant to chapter 10A, subchapter III,
15 this chapter, or chapter 85, 85A, or 85B, or 86, capitalized
16at their present value upon the basis of interest at the rate
17provided in section 535.3 for court judgments and decrees. The
18commissioner of insurance shall be discharged from all further
19liability for the commuted workers’ compensation claim upon
20payment of the present lump sum to either the claimant, or a
21licensed insurer for purchase of an annuity or other periodic
22payment plan for the benefit of the claimant.
23b. The commissioner of insurance shall not be required to
24pay more for all claims of an insolvent self-insured employer
25than is available for payment of such claims from the security
26given under this section.
274. Notwithstanding contrary provisions of section 85.45,
28any future payment of medical expenses, weekly compensation
29benefits, or other payments by the commissioner of insurance
30from the security given under this section, pursuant to
31chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
32or 85B, or 86, shall be deemed an undue expense, hardship,
33or inconvenience upon the employer for purposes of a full
34commutation pursuant to section 85.45, subsection 1, paragraph
35“b”.
-1076-1 Sec. 1789. Section 87.13, Code 2023, is amended to read as
2follows:
387.13 Interpretative clause.
4All provisions in chapter 10A, subchapter III, and chapters
585, 85A, 85B, 86, and this chapter relating to compensation
6for injuries sustained arising out of and in the course of
7employment in the operation of coal mines or production of
8coal under any system of removing coal for sale are exclusive,
9compulsory and obligatory upon the employer and employee in
10such employment.
11 Sec. 1790. Section 87.14A, Code 2023, is amended to read as
12follows:
1387.14A Insurance required.
14An employer subject to chapter 10A, subchapter III, this
15chapter, and chapters 85, 85A, and 85B, and 86 shall not
16engage in business without first obtaining insurance covering
17compensation benefits or obtaining relief from insurance as
18provided in this chapter. A person who willfully and knowingly
19violates this section is guilty of a class “D” felony.
20 Sec. 1791. Section 87.21, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22Any employer, except an employer with respect to an exempt
23employee under section 85.1, who has failed to insure the
24employer’s liability in one of the ways provided in this
25chapter, unless relieved from carrying such insurance as
26provided in section 87.11, is liable to an employee for
27a personal injury in the course of and arising out of the
28employment, and the employee may enforce the liability by an
29action at law for damages, or may collect compensation as
30provided in chapter 10A, subchapter III, and chapters 85, 85A,
31and 85B, and 86. In actions by the employee for damages under
32this section, the following rules apply:
33 Sec. 1792. Section 88.1, subsection 3, Code 2023, is amended
34to read as follows:
353. Authorizing the labor commissioner to set mandatory
-1077-1occupational safety and health standards applicable to
2businesses, and by providing for an adjudicatory process
3through the employment appeal board within the department
4of inspections, and appeals, and licensing for carrying out
5adjudicatory functions under this chapter.
6 Sec. 1793. Section 88.2, subsections 1 and 4, Code 2023, are
7amended to read as follows:
81. The labor commissioner, appointed pursuant to section
991.2, and the division of labor services of the department
10of workforce development inspections, appeals, and licensing
11 created in section 84A.1 10A.106 shall administer this chapter.
124. Subject to the approval of the director of the
13department of workforce development inspections, appeals, and
14licensing, the labor commissioner may enter into contracts
15with any state agency, with or without reimbursement, for
16the purpose of obtaining the services, facilities, and
17personnel of the agency, and with the consent of any state
18agency or any political subdivision of the state, accept and
19use the services, facilities, and personnel of the agency or
20political subdivision, and employ experts and consultants or
21organizations, in order to expeditiously, efficiently, and
22economically effectuate the purposes of this chapter. The
23agreements under this subsection are subject to approval of the
24executive council if approval is required by law.
25 Sec. 1794. Section 88A.1, subsections 4 and 6, Code 2023,
26are amended by striking the subsections.
27 Sec. 1795. Section 88A.1, Code 2023, is amended by adding
28the following new subsections:
29 NEW SUBSECTION. 6A. “Department” means the department of
30inspections, appeals, and licensing.
31 NEW SUBSECTION. 6B. “Director” means the director of the
32department of inspections, appeals, and licensing.
33 Sec. 1796. Section 88A.2, Code 2023, is amended to read as
34follows:
3588A.2 Permit required.
-1078- 11. No amusement device or ride, concession booth, or any
2related electrical equipment shall be operated at a carnival
3or fair in this state without a permit having been issued by
4the commissioner director to an operator of such equipment. On
5or before the first of May of each year, any person required
6to obtain a permit by this chapter shall apply to the division
7 department for a permit on a form furnished by the commissioner
8 director which form shall contain such information as the
9commissioner director may require. The commissioner director
10 may waive the requirement that an application for a permit
11must be filed on or before the first of May of each year if
12the applicant gives satisfactory proof to the commissioner
13 director that the applicant could not reasonably comply with
14the date requirement and if the applicant immediately applies
15for a permit after the need for a permit is first determined.
16For the purpose of determining if an amusement ride, amusement
17device, concession booth, or any related electrical equipment
18is in safe operating condition and will provide protection
19to the public using such ride, device, booth, or related
20electrical equipment, each amusement ride, amusement device,
21concession booth, or related electrical equipment shall be
22inspected by the commissioner director before it is initially
23placed in operation in this state, and shall thereafter be
24inspected at least once each year.
252. If, after inspection, an amusement device or ride,
26concession booth, or related electrical equipment is found
27to comply with the rules adopted under this chapter, the
28commissioner director shall, upon payment of the permit fee
29and the inspection fee, permit the operation of the amusement
30device or ride or concession booth or to use any related
31electrical equipment.
323. If, after inspection, additions or alterations
33are contemplated which change a structure, mechanism,
34classification, or capacity, the operator shall notify the
35commissioner director of the operator’s intentions in writing
-1079-1and provide any plans or diagrams requested by the commissioner
2 director.
3 Sec. 1797. Section 88A.3, Code 2023, is amended to read as
4follows:
588A.3 Rules.
61. The commissioner director shall adopt rules pursuant to
7chapter 17A for the safe installation, repair, maintenance,
8use, operation, and inspection of amusement devices, amusement
9rides, concession booths, and related electrical equipment at
10carnivals and fairs to the extent necessary for the protection
11of the public. The rules shall be based on generally accepted
12engineering standards and shall be concerned with, but not
13necessarily limited to, engineering force stresses, safety
14devices, and preventive maintenance. If standards are
15available in suitable form, the standards may be incorporated
16by reference. The rules shall provide for the reporting of
17accidents and injuries incurred from the operation of amusement
18devices or rides, concession booths, or related electrical
19equipment.
202. The commissioner director may modify or repeal any rule
21adopted under the provisions of this chapter.
22 Sec. 1798. Section 88A.5, Code 2023, is amended to read as
23follows:
2488A.5 Fees to general fund.
25All fees collected by the division department under
26the provisions of this chapter shall be transmitted to the
27treasurer of state and credited by the treasurer to the general
28fund of the state.
29 Sec. 1799. Section 88A.6, Code 2023, is amended to read as
30follows:
3188A.6 Personnel.
32The commissioner director may employ inspectors and any
33other personnel deemed necessary to carry out the provisions
34of this chapter, subject to the provisions of chapter 8A,
35subchapter IV.
-1080-1 Sec. 1800. Section 88A.7, Code 2023, is amended to read as
2follows:
388A.7 Cessation order.
4The commissioner director may order, in writing, a temporary
5cessation of operation of any amusement device or ride,
6concession booth, or related electrical equipment if it has
7been determined after inspection to be hazardous or unsafe.
8Operation of the amusement device or ride, concession booth or
9related electrical equipment shall not resume until the unsafe
10or hazardous condition is corrected to the satisfaction of the
11commissioner director.
12 Sec. 1801. Section 88A.8, Code 2023, is amended to read as
13follows:
1488A.8 Judicial review.
15Judicial review of action of the commissioner director
16 may be sought in accordance with the terms of the Iowa
17administrative procedure Act, chapter 17A.
18 Sec. 1802. Section 88A.10, subsections 1 and 2, Code 2023,
19are amended to read as follows:
201. Any person who operates an amusement device or ride,
21concession booth or related electrical equipment at a carnival
22or fair without having obtained a permit from the commissioner
23 director or who violates any order or rule issued by the
24commissioner director under this chapter is guilty of a serious
25misdemeanor.
262. A person who interferes with, impedes, or obstructs in
27any manner the commissioner director in the performance of the
28commissioner’s director’s duties under this chapter is guilty
29of a simple misdemeanor. A person who bribes or attempts to
30bribe the commissioner director is subject to section 722.1.
31 Sec. 1803. Section 88A.11, subsections 3 and 4, Code 2023,
32are amended to read as follows:
333. The commissioner director may exempt amusement devices
34from the provisions of this chapter that have self-contained
35wiring installed by the manufacturer, that are operated
-1081-1manually by the use of hands or feet, that operate on less than
2one hundred twenty volts of electrical power, and that are
3fixtures or appliances within or part of a structure subject to
4the building code of this state or any political subdivision
5of this state.
64. The commissioner director may exempt playground
7equipment owned, maintained, and operated by any political
8subdivision of this state.
9 Sec. 1804. Section 88A.13, Code 2023, is amended to read as
10follows:
1188A.13 Waiver of inspection.
12The commissioner director may waive the requirement that
13an amusement device or ride or any part thereof be inspected
14before being operated in this state if an operator gives
15satisfactory proof to the commissioner director that the
16amusement device or ride or any part thereof has passed an
17inspection conducted by a public or private agency whose
18inspection standards and requirements are at least equal
19to those requirements and standards established by the
20commissioner director under the provisions of this chapter.
21The annual permit and inspection fees shall be paid before the
22commissioner director may waive this requirement.
23 Sec. 1805. Section 88A.14, Code 2023, is amended to read as
24follows:
2588A.14 Injunction.
26In addition to any and all other remedies, if an owner,
27operator, or person in charge of any amusement device or ride,
28concession booth, or related electrical equipment covered by
29this chapter, continues to operate any amusement device or
30ride, concession booth, or related electrical equipment covered
31by this chapter, after receiving a notice of defect as provided
32by this chapter, without first correcting the defects or making
33replacements, the commissioner director may petition the
34district court in equity, in an action brought in the name of
35the state, for a writ of injunction to restrain the use of the
-1082-1alleged defective amusement device or ride, concession booth,
2or related electrical equipment.
3 Sec. 1806. Section 88B.1, subsections 3 and 4, Code 2023,
4are amended by striking the subsections and inserting in lieu
5thereof the following:
63. “Department” means the department of inspections,
7appeals, and licensing.
84. “Director” means the director of the department of
9inspections, appeals, and licensing.
10 Sec. 1807. Section 88B.1, subsections 5 and 6, Code 2023,
11are amended to read as follows:
125. “License” means an authorization issued by the division
13 department permitting an individual person, including a
14supervisor or contractor, to work on an asbestos project, to
15inspect buildings for asbestos-containing building materials,
16to develop management plans, and to act as an asbestos project
17designer.
186. “Permit” means an authorization issued by the division
19 department permitting a business entity to remove or
20encapsulate asbestos.
21 Sec. 1808. Section 88B.3, Code 2023, is amended to read as
22follows:
2388B.3 Administration — rules — fees — inspections.
241. The commissioner director shall administer this chapter.
252. The commissioner director shall adopt, in accordance
26with chapter 17A, rules necessary to carry out the provisions
27of this chapter.
283. The commissioner director shall prescribe fees for
29the issuance and renewal of licenses and permits. The fees
30shall be based on the costs of licensing, permitting, and
31administering this chapter, including time spent by personnel
32of the division department in performing duties and any travel
33expenses incurred. All fees provided for in this chapter shall
34be collected by the commissioner director and remitted to the
35treasurer of state for deposit in the general fund of the
-1083-1state.
24. At least once a year, during an actual asbestos project,
3the division department shall conduct an on-site inspection
4of each permittee’s procedures for removing and encapsulating
5asbestos.
6 Sec. 1809. Section 88B.3A, subsection 1, Code 2023, is
7amended to read as follows:
81. To qualify for a permit, a business entity shall submit
9an application to the division department in the form required
10by the division department and pay the prescribed fee.
11 Sec. 1810. Section 88B.4, Code 2023, is amended to read as
12follows:
1388B.4 Permit — term, renewal, and records required.
141. A permit expires on the first anniversary of its
15effective date, unless it is renewed for a one-year term as
16provided in this section.
172. At least one month before the permit expires, the
18division department shall send to the permittee, at the last
19known address of the permittee, a renewal notice that states
20all of the following:
21a. The date on which the current permit expires.
22b. The date by which the renewal application must be
23received by the division department for the renewal to be
24issued and mailed before the permit expires.
25c. The amount of the renewal fee.
263. Before the permit expires, the permittee may renew it for
27an additional one-year term, if the business entity meets the
28following conditions:
29a. Is otherwise entitled to a permit.
30b. Submits a renewal application to the division department
31 in the form required by the division department.
32c. Pays the renewal fee prescribed by the division
33 department.
344. The permittee shall keep a record of each asbestos
35project it performs and shall make the record available to the
-1084-1division department at any reasonable time. Records shall
2contain information and be kept for a time prescribed in rules
3adopted by the division department.
4 Sec. 1811. Section 88B.5, Code 2023, is amended to read as
5follows:
688B.5 Waivers and alternative procedures.
71. In an emergency that results from a sudden, unexpected
8event that is not a planned renovation or demolition, the
9commissioner director may waive the requirement for a permit.
102. If the business entity is not primarily engaged in the
11removal or encapsulation of asbestos, the commissioner director
12 may waive the requirement for a permit if worker protection
13requirements are met.
143. The division department shall not approve any waivers
15on work conducted at a school, public, or commercial building
16unless the request is accompanied by a recommendation from an
17asbestos project designer.
18 Sec. 1812. Section 88B.6, subsection 1, paragraphs a and b,
19Code 2023, are amended to read as follows:
20a. To apply for a license, an individual shall submit an
21application to the division department in the form required by
22the division department and shall pay the prescribed fee.
23b. The application shall include information prescribed by
24rules adopted by the commissioner director.
25 Sec. 1813. Section 88B.6, subsection 2, paragraph a,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28An individual is not eligible to be or do any of the
29following unless the person obtains a license from the division
30 department:
31 Sec. 1814. Section 88B.6, subsection 2, paragraph b, Code
322023, is amended to read as follows:
33b. To qualify for a license, the applicant must have
34successfully completed training as established by the United
35States environmental protection agency, paid a fee, and met
-1085-1other requirements as specified by the division department by
2rule.
3 Sec. 1815. Section 88B.8, unnumbered paragraph 1, Code
42023, is amended to read as follows:
5The division department may deny, suspend, or revoke a
6permit or license, in accordance with chapter 17A, if the
7permittee or licensee does any of the following:
8 Sec. 1816. Section 88B.8, subsection 2, Code 2023, is
9amended to read as follows:
102. Fails at any time to meet the qualifications for a permit
11or license or to comply with a rule adopted by the commissioner
12 director under this chapter.
13 Sec. 1817. Section 88B.11, Code 2023, is amended to read as
14follows:
1588B.11 Bids for governmental projects.
16A state agency or political subdivision shall not accept a
17bid in connection with any asbestos project from a business
18entity that does not hold a permit from the division department
19 at the time the bid is submitted, unless the business entity
20provides the state agency or political subdivision with written
21proof that ensures that the business entity has contracted
22to have the asbestos removal or encapsulation performed by a
23licensed asbestos contractor.
24 Sec. 1818. Section 89.1, subsection 1, Code 2023, is amended
25to read as follows:
261. The labor commissioner director shall enforce the
27provisions of this chapter and may employ qualified personnel
28under the provisions of chapter 8A, subchapter IV, to
29administer the provisions of this chapter.
30 Sec. 1819. Section 89.2, subsection 4, Code 2023, is amended
31by striking the subsection and inserting in lieu thereof the
32following:
334. “Department” means the department of inspections,
34appeals, and licensing.
35 Sec. 1820. Section 89.2, Code 2023, is amended by adding the
-1086-1following new subsection:
2 NEW SUBSECTION. 4A. “Director” means the director of the
3department of inspections, appeals, and licensing.
4 Sec. 1821. Section 89.2, subsection 9, Code 2023, is amended
5to read as follows:
69. “Special inspector” means an inspector who holds a
7commission from the commissioner director and who is not a
8state employee.
9 Sec. 1822. Section 89.3, Code 2023, is amended to read as
10follows:
1189.3 Inspection made.
121. It shall be the duty of the commissioner director to
13inspect or cause to be inspected internally and externally, at
14least once every twelve months, except as otherwise provided
15in this section, in order to determine whether all such
16equipment is in a safe and satisfactory condition, and properly
17constructed and maintained for the purpose for which it is
18used, all boilers and unfired steam pressure vessels operating
19in excess of fifteen pounds per square inch, all low pressure
20heating boilers and unfired steam pressure vessels located in
21places of public assembly and other appurtenances used in this
22state for generating or transmitting steam for power, or for
23using steam under pressure for heating or steaming purposes.
242. The commissioner director may enter any building or
25structure, public or private, for the purpose of inspecting any
26equipment covered by this chapter or gathering information with
27reference thereto.
283. The commissioner may inspect boilers and tanks
29and other equipment stamped with the American society of
30mechanical engineers code symbol for other than steam pressure,
31manufactured in Iowa, when requested by the manufacturer.
324. a. An object that meets all of the following criteria
33shall be inspected at least once every two years internally
34and externally while not under pressure, and at least once
35every two years externally while under pressure, unless the
-1087-1commissioner director determines that an earlier inspection is
2warranted:
3(1) The object is a boiler with one hundred thousand pounds
4per hour or more capacity, or the object is an unfired steam
5pressure vessel or a regulated appurtenance that is part of the
6same system as a boiler with one hundred thousand pounds per
7hour or more capacity.
8(2) The object contains only water subject to internal
9continuous water treatment under the direct supervision of
10a graduate engineer or chemist, or one having equivalent
11experience in the treatment of boiler water.
12(3) The water treatment is for the purpose of controlling
13and limiting serious corrosion and other deteriorating factors.
14b. The owner or user of an object meeting the criteria in
15paragraph “a” shall do the following:
16(1) At any time the commissioner director, a special
17inspector, or the supervisor of water treatment deems a
18hydrostatic test is necessary to determine the safety of
19an object, conduct the test under the supervision of the
20commissioner director.
21(2) Keep available for examination by the commissioner
22 director accurate records showing the date and actual time the
23object is out of service and the reason it is out of service.
24(3) Keep available for examination by the commissioner
25 director chemical physical laboratory analyses of samples of
26the object water taken at regular intervals of not more than
27forty-eight hours of operation as will adequately show the
28condition of the water and any elements or characteristics of
29the water which are capable of producing corrosion or other
30deterioration of the object or its parts.
315. a. An object that meets all of the following criteria
32shall be inspected at least once each year externally while
33under pressure and at least once every four years internally
34while not under pressure, unless the commissioner director
35 determines an earlier inspection is warranted:
-1088- 1(1) The object is a boiler with one hundred thousand pounds
2per hour or more capacity, or the object is an unfired steam
3pressure vessel or a regulated appurtenance that is part of the
4same system as a boiler with one hundred thousand pounds per
5hour or more capacity.
6(2) The object contains only water subject to internal
7continuous water treatment under the direct supervision of
8a graduate engineer or chemist, or one having equivalent
9experience in the treatment of boiler water.
10(3) The water treatment is for the purpose of controlling
11and limiting serious corrosion and other deteriorating factors.
12(4) Either of the following:
13(a) The owner or user is a participant in good standing in
14the Iowa occupational safety and health voluntary protection
15program and has achieved star status within the program, which
16is administered by the division of labor services in the
17department of workforce development inspections, appeals, and
18licensing.
19(b) The object is an unfired steam pressure vessel and is
20part of or integral to the continuous operation of a process
21covered by and compliant with the occupational safety and
22health administration process safety management standard
23contained in 29 C.F.R. §1910.119 and the owner demonstrates
24such compliance to a special inspector or the commissioner
25 director. The unfired steam pressure vessel must also be
26included as process safety management process equipment in the
27owner of the unfired steam pressure vessel’s process safety
28management program.
29b. The owner or user of an object that meets the criteria in
30paragraph “a” shall do the following:
31(1) At any time the commissioner director, a special
32inspector, or the supervisor of the water treatment deems
33a hydrostatic test necessary to determine the safety of
34an object, conduct the test under the supervision of the
35commissioner director.
-1089- 1(2) Keep available for examination by the commissioner
2 director accurate records showing the date and actual time the
3object is out of service and the reason it is out of service.
4(3) Arrange for an internal inspection of the object during
5each planned outage by a special inspector or the commissioner
6 director.
7(4) Keep for examination by the commissioner director
8 accurate records showing the chemical physical laboratory
9analyses of samples of the object’s water taken at regular
10intervals of not more than forty-eight hours of operation
11adequate to show the condition of the water and any elements
12or characteristics of the water that are capable of producing
13corrosion or other deterioration of the object or its parts.
146. Internal inspections of cast aluminum steam, cast
15aluminum hot water heating, sectional cast iron steam, and
16cast iron hot water heating boilers shall be conducted only
17as deemed necessary by the commissioner director. External
18operating inspections shall be conducted annually.
197. Internal inspections of steel hot water boilers shall be
20conducted once every six years. External operating inspections
21shall be conducted annually in years other than the year in
22which internal inspections are conducted.
238. Inspections of unfired steam pressure vessels operating
24in excess of fifteen pounds per square inch and low pressure
25steam boilers shall be conducted at least once each calendar
26year. The inspections conducted within each two-year period
27shall include an external inspection conducted while the boiler
28is operating and an internal inspection, where construction
29permits. No more than one inspection shall be conducted per
30six-month period. An internal inspection of an unfired steam
31pressure vessel or low pressure steam boiler may be required
32at any time by the commissioner director upon the observation
33by an inspector of conditions, enumerated by the commissioner
34 director through rules, warranting an internal inspection.
35If a low pressure steam boiler is in dry lay-up, an internal
-1090-1inspection shall be conducted in lieu of an external
2inspection. For purposes of this subsection, “dry lay-up”
3means a process whereby a boiler is taken out of service for a
4period of six months or longer, drained, dried, and cleaned,
5and measures to prevent corrosion are performed on the boiler.
69. An internal inspection shall not be required on an
7unfired steam pressure vessel that was manufactured without an
8inspection opening.
910. An exhibition boiler does not require an annual
10inspection certificate but special inspections may be requested
11by the owner or an event’s management to be performed by the
12commissioner director. Upon the completion of an exhibition
13boiler inspection a written condition report shall be prepared
14by the commissioner director regarding the condition of
15the exhibition boiler’s boiler or pressure vessel. This
16report will be issued to the owner and the management of all
17events at which the exhibition boiler is to be operated. The
18event’s management is responsible for the decision on whether
19the exhibition boiler should be operated and shall inform
20the division of labor services department of the event’s
21management’s decision. The event’s management is responsible
22for any injuries which result from the operation of any
23exhibition boiler approved for use at the event by the event’s
24management. A repair symbol, known as the “R” stamp, is not
25required for repairs made to exhibition boilers pursuant to the
26rules regarding inspections and repair of exhibition boilers as
27adopted by the commissioner director, pursuant to chapter 17A.
2811. An inspection report created pursuant to this chapter
29that requires modification, alteration, or change shall be in
30writing and shall cite the state law or rule or the ASME code
31section allegedly violated.
32 Sec. 1823. Section 89.4, subsection 2, unnumbered paragraph
331, Code 2023, is amended to read as follows:
34Unfired steam pressure vessels not exceeding the following
35limitations are not required to be reported to the commissioner
-1091-1 director and shall be exempt from regular inspection under
2provisions of this chapter:
3 Sec. 1824. Section 89.5, subsections 1 and 2, Code 2023, are
4amended to read as follows:
51. The commissioner director shall investigate and record
6the cause of any boiler explosion that may occur in the state,
7the loss of life, injuries sustained, and estimated loss of
8property, if any; and such other data as may be of benefit in
9preventing a recurrence of similar explosions.
102. The commissioner director shall keep a complete and
11accurate record of the name of the owner or user of each steam
12boiler or other equipment subject to this chapter, giving
13a full description of the equipment, including the type,
14dimensions, age, condition, the amount of pressure allowed, and
15the date when last inspected.
16 Sec. 1825. Section 89.6, Code 2023, is amended to read as
17follows:
1889.6 Notice to commissioner director.
191. Before any equipment included under the provisions
20of this chapter is installed by any owner, user, or lessee
21thereof, a ten days’ written notice of intention to install the
22equipment shall be given to the commissioner director. The
23notice shall designate the proposed place of installation, the
24type and capacity of the equipment, the use to be made thereof,
25the name of the company which manufactured the equipment, and
26whether the equipment is new or used.
272. Before any power boiler is converted to a low pressure
28boiler, the owner or user shall give to the commissioner
29 director ten days’ written notice of intent to convert the
30boiler. The notice shall designate the boiler location, the
31uses of the building, and other information specified by rule
32by the board.
33 Sec. 1826. Section 89.7, Code 2023, is amended to read as
34follows:
3589.7 Special inspectors.
-1092- 11. The inspection required by this chapter shall not be
2made by the commissioner director if an owner or user of
3equipment specified by this chapter obtains an inspection by
4a representative of a reputable insurance company and obtains
5a policy of insurance upon the equipment from that insurance
6company.
72. The representative conducting the inspection shall
8be commissioned by the commissioner director as a special
9inspector for the year during which the inspection occurs
10and shall meet such other requirements as the commissioner
11 director may by rule establish. The commission shall be valid
12for one year and the special inspector shall pay a fee for the
13issuance of the commission. The commissioner director shall
14establish the amount of the fee by rule. The commissioner
15 director shall establish rules for the issuance and revocation
16of special inspector commissions. The rules are subject to the
17requirements of chapter 17A.
183. The insurance company shall file a notice of insurance
19coverage on forms approved by the commissioner director stating
20that the equipment is insured and that inspection shall be made
21in accordance with section 89.3.
224. The special inspector shall provide the user and the
23commissioner director with an inspection report including the
24nature and extent of all defects and violations, in a format
25approved by the labor commissioner director.
265. The failure of a special inspector to inform the
27commissioner director of violations shall not subject the
28commissioner director to liability for any damages incurred.
29 Sec. 1827. Section 89.7A, Code 2023, is amended to read as
30follows:
3189.7A Certificates.
321. The commissioner director shall issue a certificate of
33inspection valid for the period specified in section 89.3 after
34the payment of a fee, the filing of an inspection report, and
35the correction or other appropriate resolution of any defects
-1093-1identified in the inspection report. The certificate shall be
2posted at a place near the location of the equipment.
32. The owner or user of any equipment covered in this
4chapter, or persons in charge of such equipment, shall not
5allow or permit a greater pressure in any unit than is stated
6in the certificate of inspection issued by the commissioner
7 director.
83. The commissioner director shall indicate to the user
9whether or not the equipment may be used without making repair
10or replacement of defective parts, or whether or how the
11equipment may be used in a limited capacity before repairs
12or replacements are made, and the commissioner director may
13permit the user a reasonable time to make such repairs or
14replacements.
15 Sec. 1828. Section 89.8, Code 2023, is amended to read as
16follows:
1789.8 Boiler and pressure vessel safety fund — fees
18appropriated.
19A boiler and pressure vessel safety revolving fund is
20created within the state treasury under the control of the
21commissioner director and shall consist of moneys collected
22by the commissioner director as fees. Moneys in the fund are
23appropriated and shall be used by the commissioner director
24 to pay the actual costs and expenses necessary to operate the
25board and administer the provisions of this chapter. All
26salaries and expenses properly chargeable to the fund shall be
27paid from the fund. Section 8.33 does not apply to any moneys
28in the fund. Notwithstanding section 12C.7, subsection 2,
29interest or earnings on moneys deposited in the fund shall be
30credited to the fund.
31 Sec. 1829. Section 89.9, Code 2023, is amended to read as
32follows:
3389.9 Disposal of fees.
34All fees provided for in this chapter shall be collected
35by the commissioner director and remitted to the treasurer
-1094-1of state, to be deposited in the boiler and pressure vessel
2safety fund pursuant to section 89.8, together with an itemized
3statement showing the source of collection.
4 Sec. 1830. Section 89.11, Code 2023, is amended to read as
5follows:
689.11 Injunction.
71. In addition to all other remedies, if any owner, user,
8or person in charge of any equipment covered by this chapter
9continues to use any equipment covered by this chapter,
10after receiving an inspection report identifying defects and
11exhausting appeal rights as provided by this chapter without
12first correcting the defects or making replacements, the
13commissioner director may apply to the district court by
14petition in equity, in an action brought in the name of the
15state, for a writ of injunction to restrain the use of the
16alleged defective equipment.
172. If the commissioner director believes that the continued
18operation of equipment constitutes an imminent danger that
19could seriously injure or cause death to any person, in
20addition to all other remedies, the commissioner director
21 may apply to the district court in the county in which the
22imminently dangerous condition exists for a temporary order to
23enjoin the owner, user, or person in charge from operating the
24equipment before the owner’s, user’s, or person’s rights to
25administrative appeals have been exhausted.
26 Sec. 1831. Section 89.12, Code 2023, is amended to read as
27follows:
2889.12 Hearing — notice — decree.
29The commissioner director shall notify in writing the owner
30or user of the equipment of the time and place of hearing of the
31petition as fixed by the court or judge, and shall serve the
32notice on the defendant at least five days prior to the hearing
33in the same manner as original notices are served. The general
34provisions relating to civil practice and procedure as may be
35applicable, shall govern the proceedings, except as herein
-1095-1modified. In the event the defendant does not appear or plead
2to the action, default shall be entered against the defendant.
3The action shall be tried in equity, and the court or judge
4shall make such order or decree as the evidence warrants.
5 Sec. 1832. Section 89.13, Code 2023, is amended to read as
6follows:
789.13 Civil penalty allowed.
8If upon notice and hearing the commissioner director
9 determines that an owner has operated a facility in violation
10of a safety order, the commissioner director may assess a civil
11penalty against the owner in an amount not exceeding five
12hundred dollars, as determined by the commissioner director.
13An order assessing a civil penalty is subject to appeal to
14the employment appeal board and to judicial review. The
15commissioner director may commence an action in the district
16court to enforce payment of a civil penalty. Revenue from
17the penalty provided in this section shall be remitted to the
18treasurer of state for deposit in the general fund of the
19state.
20 Sec. 1833. Section 89.14, subsection 1, Code 2023, is
21amended to read as follows:
221. A boiler and pressure vessel board is created within
23the division of labor services of the department of workforce
24development to formulate definitions and rules requirements
25for the safe and proper installation, repair, maintenance,
26alteration, use, and operation of boilers and pressure vessels
27in this state.
28 Sec. 1834. Section 89.14, subsection 2, paragraph a, Code
292023, is amended to read as follows:
30a. The commissioner director or the commissioner’s
31 director’s designee.
32 Sec. 1835. Section 89.14, subsections 4, 6, and 8, Code
332023, are amended to read as follows:
344. The members of the board shall select a chairperson, vice
35chairperson, and secretary from their membership. However,
-1096-1neither the commissioner director nor the commissioner’s
2 director’s designee shall serve as chairperson. The board
3shall meet at least quarterly but may meet as often as
4necessary. Meetings shall be set by a majority of the board
5or upon the call of the chairperson, or in the chairperson’s
6absence, upon the call of the vice chairperson. A majority of
7the board members shall constitute a quorum.
86. A notice of defect or inspection report issued by the
9commissioner director pursuant to this chapter may, within
10thirty days after the making of the order, be appealed to
11the board. Board action constitutes final agency action for
12purposes of chapter 17A.
138. The board shall establish fees for examinations,
14inspections, annual statements, shop inspections, and other
15services. The fees shall reflect the actual costs and expenses
16necessary to operate the board and perform the duties of the
17commissioner director.
18 Sec. 1836. Section 89A.1, subsections 2 and 4, Code 2023,
19are amended by striking the subsections.
20 Sec. 1837. Section 89A.1, Code 2023, is amended by adding
21the following new subsections:
22 NEW SUBSECTION. 4A. “Department” means the department of
23inspections, appeals, and licensing.
24 NEW SUBSECTION. 4B. “Director” means the director of the
25department of inspections, appeals, and licensing.
26 Sec. 1838. Section 89A.1, subsections 11, 15, 16, and 19,
27Code 2023, are amended to read as follows:
2811. “Inspector” means an inspector employed by the division
29 department for the purpose of administering this chapter.
3015. “New installation” means a conveyance the construction
31or relocation of which is begun, or for which an application
32for a new installation permit is filed, on or after the
33effective date of rules relating to those permits adopted by
34the commissioner director under authority of this chapter. All
35other installations are existing installations.
-1097- 116. “Owner” means the owner of a conveyance, unless the
2conveyance is a new installation or is undergoing major
3alterations, in which case the owner shall be considered the
4person responsible for the installation or alteration of the
5conveyance until the conveyance has passed final inspection by
6the division department.
719. “Special inspector” means an inspector commissioned
8by the labor commissioner director, and not employed by the
9division department.
10 Sec. 1839. Section 89A.3, subsections 6 and 8, Code 2023,
11are amended to read as follows:
126. The commissioner director shall furnish copies of
13the rules adopted pursuant to this chapter to any person who
14requests them, without charge, or upon payment of a charge not
15to exceed the actual cost of printing of the rules.
168. The commissioner director may adopt rules pursuant to
17chapter 17A relating to the denial, issuance, revocation, and
18suspension of special inspector commissions.
19 Sec. 1840. Section 89A.4, Code 2023, is amended to read as
20follows:
2189A.4 Commissioner’s Director’s duties and personnel.
22The commissioner director shall enforce the provisions of
23this chapter. The commissioner director shall employ personnel
24for the administration of this chapter pursuant to chapter 8A,
25subchapter IV.
26 Sec. 1841. Section 89A.5, Code 2023, is amended to read as
27follows:
2889A.5 Registration of conveyances.
29The owner of every existing conveyance, whether or not
30dormant, shall register the conveyance with the commissioner
31 director, giving type, contract load and speed, name of
32manufacturer, its location, and the purpose for which it is
33used, and other information the commissioner director may
34require. Registration shall be made in a format required by
35the division department.
-1098-1 Sec. 1842. Section 89A.6, subsections 2, 4, and 5, Code
22023, are amended to read as follows:
32. Every existing conveyance registered with the
4commissioner director shall be inspected within one year
5after the effective date of the registration, except that the
6safety board may extend by rule the time specified for making
7inspections.
84. The inspections required by subsections 1 through 3
9shall be made only by inspectors or special inspectors. An
10inspection by a special inspector may be accepted by the
11commissioner director in lieu of a required inspection by an
12inspector.
135. A report of every inspection shall be filed with the
14commissioner director by the inspector or special inspector,
15in a format required by the commissioner director, after the
16inspection has been completed and within the time provided
17by rule, but not to exceed thirty days. The report shall
18include all information required by the commissioner director
19 to determine whether the conveyance is in compliance with
20applicable rules. For the inspection required by subsection
211, the report shall indicate whether the conveyance has
22been installed in accordance with the detailed plans and
23specifications approved by the commissioner director, and
24meets the requirements of the applicable rules. The failure
25of a special inspector to inform the commissioner director
26 of violations shall not subject the commissioner director to
27liability for any damages incurred.
28 Sec. 1843. Section 89A.7, Code 2023, is amended to read as
29follows:
3089A.7 Alteration permits.
31The owner shall submit to the commissioner director detailed
32plans, specifications, and other information the commissioner
33 director may require for each conveyance to be altered,
34together with an application for an alteration permit, in
35a format required by the commissioner director. Repairs
-1099-1or replacements necessary for normal maintenance are not
2alterations, and may be made on existing installations with
3parts equivalent in material, strength, and design to those
4replaced and no plans or specifications or application need be
5filed for the repairs or replacements. However, this section
6does not authorize the use of any conveyance contrary to an
7order issued pursuant to section 89A.10, subsections 2 and 3.
8 Sec. 1844. Section 89A.8, Code 2023, is amended to read as
9follows:
1089A.8 New installation permits.
111. The installation or relocation of a conveyance shall
12not begin until an installation permit has been issued by the
13commissioner director.
142. An application for an installation permit shall be
15submitted in a format determined by the commissioner director.
163. a. If the application or any accompanying materials
17indicates a failure to comply with applicable rules, the
18commissioner director shall give notice of the compliance
19failures to the person filing the application.
20b. If the application indicates compliance with applicable
21rules or after compliance failures have been remedied, the
22commissioner director shall issue an installation permit for
23relocation or installation, as applicable.
24 Sec. 1845. Section 89A.9, subsection 1, Code 2023, is
25amended to read as follows:
261. Operating permits shall be issued by the commissioner
27 director to the owner of every conveyance when the inspection
28report indicates compliance with the applicable provisions
29of this chapter. However, a permit shall not be issued
30if the fees required by this chapter have not been paid.
31Permits shall be issued within thirty days after filing of
32the inspection report required by section 89A.6, unless the
33time is extended for cause by the division department. A
34conveyance shall not be operated after the thirty days or after
35an extension granted by the commissioner director has expired,
-1100-1unless an operating permit has been issued.
2 Sec. 1846. Section 89A.10, Code 2023, is amended to read as
3follows:
489A.10 Enforcement orders by commissioner director —
5injunction.
61. If an inspection report indicates a failure to comply
7with applicable rules, or with the detailed plans and
8specifications approved by the commissioner director, the
9commissioner director may, upon giving notice, order the owner
10of a conveyance to make the changes necessary for compliance.
112. If the owner does not make the changes necessary for
12compliance as required in subsection 1 within the period
13specified by the commissioner director, the commissioner
14 director, upon notice, may suspend or revoke the operating
15permit, or may refuse to issue the operating permit for
16the conveyance. The commissioner director shall notify the
17owner of any action to suspend, revoke, or refuse to issue an
18operating permit and the reason for the action by service in
19the same manner as an original notice or by certified mail. An
20owner may appeal the commissioner’s director’s initial decision
21to the safety board. The decision of the safety board shall be
22considered final agency action pursuant to chapter 17A.
233. If the commissioner director has reason to believe
24that the continued operation of a conveyance constitutes
25an imminent danger which could reasonably be expected to
26seriously injure or cause death to any person, in addition to
27any other remedies, the commissioner director may apply to the
28district court in the county in which such imminently dangerous
29condition exists for a temporary order for the purpose of
30enjoining such imminently dangerous conveyance. Upon hearing,
31if deemed appropriate by the court, a permanent injunction
32may be issued to ensure that such imminently dangerous
33conveyance be prevented or controlled. Upon the elimination
34or rectification of such imminently dangerous condition, the
35temporary or permanent injunction shall be vacated.
-1101-1 Sec. 1847. Section 89A.12, Code 2023, is amended to read as
2follows:
389A.12 Access to conveyances.
4Every owner of a conveyance subject to regulation by
5this chapter shall grant access to that conveyance to the
6commissioner director and personnel of the division department.
7Inspections shall be permitted at reasonable times, with or
8without prior notice.
9 Sec. 1848. Section 89A.13, subsections 1, 2, and 4, Code
102023, are amended to read as follows:
111. An elevator safety board is created within the division
12of labor services in the department of workforce development
13 to formulate definitions and rules for the safe and proper
14installation, repair, maintenance, alteration, use, and
15operation of conveyances in this state.
162. The safety board is composed of nine members, one of
17whom shall be the commissioner director or the commissioner’s
18 director’s designee. The governor shall appoint the remaining
19eight members of the board, subject to senate confirmation, to
20staggered four-year terms which shall begin and end as provided
21in section 69.19. The members shall be as follows: two
22representatives from an elevator manufacturing company or
23its authorized representative; two representatives from
24elevator servicing companies; one building owner or manager;
25one representative employed by a local government in this
26state who is knowledgeable about building codes in this
27state; one representative of workers actively involved in the
28installation, maintenance, and repair of elevators; and one
29licensed mechanical engineer.
304. The members of the safety board shall select a
31chairperson, vice chairperson, and a secretary from their
32membership. However, neither the commissioner director nor the
33commissioner’s director’s designee shall serve as chairperson.
34The safety board shall meet at least quarterly but may meet as
35often as necessary. Meetings shall be set by a majority of the
-1102-1safety board or upon the call of the chairperson, or in the
2chairperson’s absence, upon the call of the vice chairperson.
3A majority of the safety board members shall constitute a
4quorum.
5 Sec. 1849. Section 89A.15, Code 2023, is amended to read as
6follows:
789A.15 Inspections by local authorities.
8A city or other governmental subdivision shall not make or
9maintain any ordinance, bylaw, or resolution providing for the
10licensing of special inspectors. An ordinance or resolution
11relating to the inspection, construction, installation,
12alteration, maintenance, or operation of conveyances within
13the limits of the city or governmental subdivision which
14conflicts with this chapter or with rules adopted pursuant
15to this chapter is void. The commissioner director, in the
16commissioner’s director’s discretion, may accept inspections by
17local authorities in lieu of inspections required by section
1889A.6, but only upon a showing by the local authority that
19applicable laws and rules will be consistently and literally
20enforced and that inspections will be performed by special
21inspectors.
22 Sec. 1850. Section 89A.16, Code 2023, is amended to read as
23follows:
2489A.16 Prosecution of offenses.
25The division department shall cause prosecution for the
26violation of the provisions of this chapter to be instituted
27by the attorney general in the county in which the violation
28occurred.
29 Sec. 1851. Section 89A.18, Code 2023, is amended to read as
30follows:
3189A.18 Civil penalty.
32If upon notice and hearing the commissioner director
33 determines that an owner has operated a conveyance after an
34order of the commissioner director that suspends, revokes,
35or refuses to issue an operating permit for the conveyance
-1103-1has become final under section 89A.10, subsection 2, the
2commissioner director may assess a civil penalty against the
3owner in an amount not exceeding five hundred dollars, as
4determined by the commissioner director. An order assessing
5a civil penalty is subject to appeal under section 89A.10,
6subsection 2, in the same manner and to the same extent as
7decisions referred to in that subsection. The commissioner
8 director may commence an action in the district court to
9enforce payment of the civil penalty. A record of assessment
10against or payment of a civil penalty by any person for a
11violation of this section shall not be admissible as evidence
12in any court in any civil action. Revenue from the penalty
13provided in this section shall be remitted to the treasurer of
14state for deposit in the state general fund.
15 Sec. 1852. Section 89A.19, Code 2023, is amended to read as
16follows:
1789A.19 Elevator safety fund — fees appropriated.
18A revolving elevator safety fund is created in the state
19treasury under the control of the commissioner director and
20shall consist of moneys collected by the commissioner director
21 as fees. Moneys in the fund are appropriated to and shall
22be used by the commissioner director to pay the actual costs
23and expenses necessary to operate the safety board and perform
24the duties of the commissioner director as described in this
25chapter. All fees collected by the commissioner director
26 pursuant to this chapter shall be remitted to the treasurer
27of state to be deposited in the elevator safety fund. All
28salaries and expenses properly chargeable to the fund shall be
29paid from the fund. Section 8.33 does not apply to any moneys
30in the fund. Notwithstanding section 12C.7, subsection 2,
31interest or earnings on moneys deposited in the fund shall be
32credited to the fund.
33 Sec. 1853. Section 89B.3, Code 2023, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 01. “Commissioner” means the labor
-1104-1commissioner appointed pursuant to section 10A.203, or the
2labor commissioner’s designee.
3 Sec. 1854. Section 89B.3, subsection 1, Code 2023, is
4amended to read as follows:
51. “Division” means the division of labor services of the
6department of workforce development created under section 84A.1
7inspections, appeals, and licensing.
8 Sec. 1855. Section 90A.1, subsection 2, Code 2023, is
9amended to read as follows:
102. “Commissioner” means the state commissioner of athletics,
11who is also the labor commissioner appointed pursuant to
12section 91.2, director of the department of inspections,
13appeals, and licensing or the labor commissioner’s director’s
14 designee.
15 Sec. 1856. Section 91A.2, subsection 1, Code 2023, is
16amended by striking the subsection.
17 Sec. 1857. Section 91A.2, Code 2023, is amended by adding
18the following new subsection:
19 NEW SUBSECTION. 2A. “Director” means the director of the
20department of inspections, appeals, and licensing.
21 Sec. 1858. Section 91A.6, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23An employer shall after being notified by the commissioner
24 director pursuant to subsection 2:
25 Sec. 1859. Section 91A.6, subsection 2, Code 2023, is
26amended to read as follows:
272. The commissioner director shall notify an employer to
28comply with subsection 1 if the employer has paid a claim
29for unpaid wages or nonreimbursed authorized expenses and
30liquidated damages under section 91A.10 or if the employer
31has been assessed a civil money penalty under section 91A.12.
32However, a court may, when rendering a judgment for wages or
33nonreimbursed authorized expenses and liquidated damages or
34upholding a civil money penalty assessment, order that an
35employer shall not be required to comply with the provisions of
-1105-1subsection 1 or that an employer shall be required to comply
2with the provisions of subsection 1 for a particular period of
3time.
4 Sec. 1860. Section 91A.9, Code 2023, is amended to read as
5follows:
691A.9 General powers and duties of the commissioner director.
71. The commissioner director shall administer and enforce
8the provisions of this chapter. The commissioner director may
9hold hearings and investigate charges of violations of this
10chapter.
112. The commissioner director may, consistent with due
12process of law, enter any place of employment to inspect
13records concerning wages and payrolls, to question the employer
14and employees, and to investigate such facts, conditions, or
15matters as are deemed appropriate in determining whether any
16person has violated the provisions of this chapter. However,
17such entry by the commissioner director shall only be in
18response to a written complaint.
193. The commissioner director may employ such qualified
20personnel as are necessary for the enforcement of this chapter.
21Such personnel shall be employed pursuant to chapter 8A,
22subchapter IV.
234. The commissioner director shall, in consultation with
24the United States department of labor, develop a database of
25the employers in this state utilizing special certificates
26issued by the United States secretary of labor as authorized
27under 29 U.S.C. §214, and shall maintain the database.
285. The commissioner director shall promulgate, pursuant to
29chapter 17A, any rules necessary to carry out the provisions of
30this chapter.
31 Sec. 1861. Section 91A.10, Code 2023, is amended to read as
32follows:
3391A.10 Settlement of claims and suits for wages —
34prohibition against discharge of employee.
351. Upon the written complaint of the employee involved,
-1106-1the commissioner director may determine whether wages have
2not been paid and may constitute an enforceable claim. If
3for any reason the commissioner director decides not to make
4such determination, the commissioner director shall so notify
5the complaining employee within fourteen days of receipt of
6the complaint. The commissioner director shall otherwise
7notify the employee of such determination within a reasonable
8time and if it is determined that there is an enforceable
9claim, the commissioner director shall, with the consent of
10the complaining employee, take an assignment in trust for the
11wages and for any claim for liquidated damages without being
12bound by any of the technical rules respecting the validity of
13the assignment. However, the commissioner director shall not
14accept any complaint for unpaid wages and liquidated damages
15after one year from the date the wages became due and payable.
162. The commissioner director, with the assistance of the
17office of the attorney general if the commissioner director
18 requests such assistance, shall, unless a settlement is
19reached under this subsection, commence a civil action in any
20court of competent jurisdiction to recover for the benefit
21of any employee any wage, expenses, and liquidated damages’
22claims that have been assigned to the commissioner director
23 for recovery. The commissioner director may also request
24reasonable and necessary attorney fees. With the consent
25of the assigning employee, the commissioner director may
26also settle a claim on behalf of the assigning employee.
27Proceedings under this subsection and subsection 1 that precede
28commencement of a civil action shall be conducted informally
29without any party having a right to be heard before the
30commissioner director. The commissioner director may join
31various assignments in one claim for the purpose of settling or
32litigating their claims.
333. The provisions of subsections 1 and 2 shall not be
34construed to prevent an employee from settling or bringing an
35action for damages under section 91A.8 if the employee has not
-1107-1assigned the claim under subsection 1.
24. Any recovery of attorney fees, in the case of actions
3brought under this section by the commissioner director, shall
4be remitted by the commissioner director to the treasurer of
5state for deposit in the general fund of the state. Also, the
6commissioner director shall not be required to pay any filing
7fee or other court costs.
85. An employer shall not discharge or in any other manner
9discriminate against any employee because the employee has
10filed a complaint, assigned a claim, or brought an action
11under this section or has cooperated in bringing any action
12against an employer. Any employee may file a complaint with
13the commissioner director alleging discharge or discrimination
14within thirty days after such violation occurs. Upon receipt
15of the complaint, the commissioner director shall cause an
16investigation to be made to the extent deemed appropriate. If
17the commissioner director determines from the investigation
18that the provisions of this subsection have been violated, the
19commissioner director shall bring an action in the appropriate
20district court against such person. The district court shall
21have jurisdiction, for cause shown, to restrain violations of
22this subsection and order all appropriate relief including
23rehiring or reinstatement of the employee to the former
24position with back pay.
25 Sec. 1862. Section 91A.11, Code 2023, is amended to read as
26follows:
2791A.11 Wage claims brought under reciprocity.
281. The commissioner director may enter into reciprocal
29agreements with the labor department or corresponding agency
30of any other state or its representatives for the collection
31in such other states of claims or judgments for wages and
32other demands based upon claims assigned to the commissioner
33 director.
342. The commissioner director may, to the extent provided
35for by any reciprocal agreement entered into by law or with an
-1108-1agency of another state as provided in this section, maintain
2actions in the courts of such other state to the extent
3permitted by the laws of that state for the collection of
4claims for wages, judgments and other demands and may assign
5such claims, judgments and demands to the labor department or
6agency of such other state for collection to the extent that
7such an assignment may be permitted or provided for by the laws
8of such state or by reciprocal agreement.
93. The commissioner director may, upon the written consent
10of the labor department or other corresponding agency of any
11other state or its representatives, maintain actions in the
12courts of this state upon assigned claims for wages, judgments
13and demands arising in such other state in the same manner
14and to the same extent that such actions by the commissioner
15 director are authorized when arising in this state. However,
16such actions may be maintained only in cases in which such
17other state by law or reciprocal agreement extends a like
18comity to cases arising in this state.
19 Sec. 1863. Section 91A.12, Code 2023, is amended to read as
20follows:
2191A.12 Civil penalties.
221. Any employer who violates the provisions of this chapter
23or the rules promulgated under it shall be subject to a civil
24money penalty of not more than five hundred dollars per pay
25period for each violation. The commissioner director may
26recover such civil money penalty according to the provisions
27of subsections 2 through 5. Any civil money penalty recovered
28shall be deposited in the general fund of the state.
292. The commissioner director may propose that an employer
30be assessed a civil money penalty by serving the employer with
31notice of such proposal in the same manner as an original
32notice is served under the rules of civil procedure. Upon
33service of such notice, the proposed assessment shall be
34treated as a contested case under chapter 17A. However, an
35employer must request a hearing within thirty days of being
-1109-1served.
23. If an employer does not request a hearing pursuant
3to subsection 2 or if the commissioner director determines,
4after an appropriate hearing, that an employer is in violation
5of this chapter, the commissioner director shall assess a
6civil money penalty which is consistent with the provisions
7of subsection 1 and which is rendered with due consideration
8for the penalty amount in terms of the size of the employer’s
9business, the gravity of the violation, the good faith of the
10employer, and the history of previous violations.
114. An employer may seek judicial review of any assessment
12rendered under subsection 3 by instituting proceedings for
13judicial review pursuant to chapter 17A. However, such
14proceedings must be instituted in the district court of the
15county in which the violation or one of the violations occurred
16and within thirty days of the day on which the employer was
17notified that an assessment has been rendered. Also, an
18employer may be required, at the discretion of the district
19court and upon instituting such proceedings, to deposit the
20amount assessed with the clerk of the district court. Any
21moneys so deposited shall either be returned to the employer
22or be forwarded to the commissioner director for deposit in
23the general fund of the state, depending on the outcome of the
24judicial review, including any appeal to the supreme court.
255. After the time for seeking judicial review has expired
26or after all judicial review has been exhausted and the
27commissioner’s director’s assessment has been upheld, the
28commissioner director shall request the attorney general to
29recover the assessed penalties in a civil action.
30 Sec. 1864. Section 91A.15, subsection 2, paragraph b, Code
312023, is amended to read as follows:
32b. The franchisor has been found by the commissioner
33 director to have exercised a type or degree of control over
34the franchisee or the franchisee’s employees that is not
35customarily exercised by a franchisor for the purpose of
-1110-1protecting the franchisor’s trademarks and brand.
2 Sec. 1865. Section 91C.1, Code 2023, is amended to read as
3follows:
491C.1 Definition — exemption — combined registration and
5licensing process for plumbers and mechanical professionals.
61. As used in this chapter, unless the context otherwise
7requires, “contractor”:
8a. “Contractor”means a person who engages in the business
9of construction, as the term “construction” is defined in the
10Iowa administrative code for purposes of chapter 96, the Iowa
11employment security law. However, a person who earns less than
12two thousand dollars annually or who performs work or has work
13performed on the person’s own property is not a contractor for
14purposes of this chapter.
15b. “Department” means the department of inspections,
16appeals, and licensing.
17c. “Director” means the director of the department of
18inspections, appeals, and licensing.
192. The state, its boards, commissions, agencies,
20departments, and its political subdivisions including school
21districts and other special purpose districts, are not
22contractors for purposes of this chapter.
232. 3. If a contractor’s registration application shows
24that the contractor is self-employed, does not pay more than
25two thousand dollars annually to employ other persons in the
26business, and does not work with or for other contractors in
27the same phases of construction, the contractor is exempt from
28the fee requirements under this chapter.
293. 4. a. The labor services division of the department of
30workforce development and the Iowa department of public health
31will work with stakeholders to develop a plan to combine the
32contractor registration and contractor licensing application
33process for contractors licensed under chapter 105, to be
34implemented in time for licensing renewals due July 1, 2017.
35Effective July 1, 2017, a A contractor licensed under chapter
-1111-1105 shall register as a contractor under this chapter in
2conjunction with the contractor licensing process established
3by the department. At no cost to the labor services division,
4the The department of public health shall collect both the
5registration and licensing applications as part of one combined
6application. The labor commissioner director shall design
7the contractor registration application form to exclude
8from the division of labor services’ department’s contractor
9registration application process those contractors who are also
10covered by chapter 105. The labor commissioner director is
11authorized to adopt rules as needed to accomplish a merger of
12the application systems including transitional registration
13periods and fees.
14b. Effective July 1, 2017, excluding registrations by
15contractors that are exempt from the registration fee pursuant
16to this section, the department of public health shall collect
17and transfer to the labor services division a portion of each
18contractor license fee equal to three times the contractor
19registration fee for each three-year license or a prorated
20portion thereof using a one-sixth deduction for each six-month
21period of the renewal cycle.
22 Sec. 1866. Section 91C.2, Code 2023, is amended to read as
23follows:
2491C.2 Registration required — conditions.
25A contractor doing business in this state shall register
26with the labor commissioner director and shall meet all of the
27following requirements as a condition of registration:
281. The contractor shall be in compliance with the laws of
29this state relating to workers’ compensation insurance and
30shall provide evidence of workers’ compensation insurance
31coverage annually, of relief from the insurance requirement
32pursuant to section 87.11, or a statement that the contractor
33is not required to carry workers’ compensation coverage.
34Notice of a policy’s cancellation shall be provided to the
35labor commissioner director by the insurance company.
-1112- 12. The contractor shall possess an employer account number
2or a special contractor number issued by the department
3of workforce development pursuant to chapter 96, the Iowa
4employment security law.
53. An out-of-state contractor shall either file a surety
6bond, as provided in section 91C.7, with the division of labor
7services department in the amount of twenty-five thousand
8dollars or shall provide a statement to the division of labor
9services department that the contractor is prequalified to bid
10on projects for the department of transportation pursuant to
11section 314.1.
12 Sec. 1867. Section 91C.3, subsection 1, unnumbered
13paragraph 1, Code 2023, is amended to read as follows:
14The registration application shall be in the form prescribed
15by the labor commissioner director, shall be accompanied by
16the registration fee prescribed pursuant to section 91C.4, and
17shall contain information which is substantially complete and
18accurate. In addition to the information determined by the
19labor commissioner director to be necessary for purposes of
20section 91C.2, the application shall include information as to
21each of the following:
22 Sec. 1868. Section 91C.3, subsection 2, Code 2023, is
23amended to read as follows:
242. Any change in the information provided shall be reported
25promptly to the labor commissioner director.
26 Sec. 1869. Section 91C.4, Code 2023, is amended to read as
27follows:
2891C.4 Fees.
29The labor commissioner director shall prescribe the fee for
30registration, which fee shall not exceed fifty dollars every
31year.
32 Sec. 1870. Section 91C.5, Code 2023, is amended to read as
33follows:
3491C.5 Public registration number — records — revocation.
351. The labor commissioner director shall issue to each
-1113-1registered contractor an identifying public registration
2number and shall compile records showing the names and public
3registration numbers of all contractors registered in the
4state. These records and the complete registration information
5provided by each contractor are public records and the labor
6commissioner director shall take steps as necessary to
7facilitate access to the information by governmental agencies
8and the general public.
92. The labor commissioner director shall revoke a
10registration number when the contractor fails to maintain
11compliance with the conditions necessary to obtain a
12registration. The labor commissioner director shall provide
13a fact-finding interview to assure that the contractor is not
14in compliance before revoking any registration. Hearings on
15revocation of registrations shall be held in accordance with
16section 91C.8.
17 Sec. 1871. Section 91C.6, Code 2023, is amended to read as
18follows:
1991C.6 Rules.
20The labor commissioner director shall adopt rules, pursuant
21to chapter 17A, determined to be reasonably necessary for
22phasing in, administering, and enforcing the system of
23contractor registration established by this chapter.
24 Sec. 1872. Section 91C.7, Code 2023, is amended to read as
25follows:
2691C.7 Contracts — contractor’s bond.
271. A contractor who is not registered with the labor
28commissioner director as required by this chapter shall not be
29awarded a contract to perform work for the state or an agency
30of the state.
312. A surety bond filed pursuant to section 91C.2 shall
32be executed by a surety company authorized to do business in
33this state, and the bond shall be continuous in nature until
34canceled by the surety with not less than thirty days’ written
35notice to the contractor and to the division of labor services
-1114-1of the department of workforce development indicating the
2surety’s desire to cancel the bond. The surety company shall
3not be liable under the bond for any contract commenced after
4the cancellation of the bond. The division of labor services
5of the department of workforce development may increase the
6bond amount after a hearing.
73. Release of the bond shall be conditioned upon the
8payment of all taxes, including contributions due under
9the unemployment compensation insurance system, penalties,
10interest, and related fees, which may accrue to the state
11of Iowa. If at any time during the term of the bond,
12the department of revenue or the department of workforce
13development determines that the amount of the bond is not
14sufficient to cover the tax liabilities accruing to the state
15of Iowa, the labor commissioner director shall require the bond
16to be increased by an amount the labor commissioner director
17 deems sufficient to cover the tax liabilities accrued and
18accruing.
194. The department of revenue and the department of workforce
20development shall adopt rules for the collection of the
21forfeiture. Notice shall be provided to the surety and to
22the contractor. Notice to the contractor shall be mailed to
23the contractor’s last known address and to the contractor’s
24registered agent for service of process, if any, within the
25state. The contractor or surety shall have the opportunity to
26apply to the director of revenue for a hearing within thirty
27days after the giving of such notice. Upon the failure to
28timely request a hearing, the bond shall be forfeited. If,
29after the hearing upon timely request, the department of
30revenue or the department of workforce development finds
31that the contractor has failed to pay the total of all taxes
32payable, the department of revenue or the department of
33workforce development shall order the bond forfeited. The
34amount of the forfeiture shall be the amount of taxes payable
35or the amount of the bond, whichever is less. For purposes of
-1115-1this section “taxes payable” means all tax, penalties, interest,
2and fees that the department of revenue has previously
3determined to be due to the state by assessment or in an appeal
4of an assessment, including contributions to the unemployment
5compensation insurance system.
65. If it is determined that this section may cause denial
7of federal funds which would otherwise be available, or is
8otherwise inconsistent with requirements of federal law, this
9section shall be suspended, but only to the extent necessary to
10prevent denial of the funds or to eliminate the inconsistency
11with federal requirements.
126. The bond required by this section may be attached by the
13commissioner director for collection of fees and penalties due
14to the division.
15 Sec. 1873. Section 91C.8, Code 2023, is amended to read as
16follows:
1791C.8 Investigations — enforcement — administrative
18penalties.
191. The labor commissioner director and inspectors of the
20division of labor services of the department of workforce
21development have jurisdiction for investigation and enforcement
22in cases where contractors may be in violation of the
23requirements of this chapter or rules adopted pursuant to this
24chapter.
252. If, upon investigation, the labor commissioner director
26 or the commissioner’s director’s authorized representative
27believes that a contractor has violated any of the following,
28the commissioner director shall with reasonable promptness
29issue a citation to the contractor:
30a. The requirement that a contractor be registered.
31b. The requirement that the contractor’s registration
32information be substantially complete and accurate.
33c. The requirement that an out-of-state contractor file a
34bond with the division of labor services department.
353. Each citation shall be in writing and shall describe
-1116-1with particularity the nature of the violation, including a
2reference to the provision of the statute alleged to have been
3violated.
44. If a citation is issued, the commissioner director shall,
5within seven days, notify the contractor by service in the
6same manner as an original notice or by certified mail of the
7administrative penalty, if any, proposed to be assessed and
8that the contractor has fifteen working days within which to
9notify the commissioner director that the contractor wishes to
10contest the citation or proposed assessment of penalty.
115. The administrative penalties which may be imposed under
12this section shall be not more than five hundred dollars
13in the case of a first violation and not more than five
14thousand dollars for each violation in the case of a second or
15subsequent violation. All administrative penalties collected
16pursuant to this chapter shall be deposited in the general fund
17of the state.
186. If, within fifteen working days from the receipt of
19the notice, the contractor fails to notify the commissioner
20 director that the contractor intends to contest the citation
21or proposed assessment of penalty, the citation and the
22assessment, as proposed, shall be deemed a final order of the
23employment appeal board and not subject to review by any court
24or agency.
257. If the contractor notifies the commissioner director
26 that the contractor intends to contest the citation or proposed
27assessment of penalty, the commissioner director shall
28immediately advise the employment appeal board established by
29section 10A.601. The employment appeal board shall review the
30action of the commissioner director and shall thereafter issue
31an order, based on findings of fact, affirming, modifying, or
32vacating the commissioner’s director’s citation or proposed
33penalty or directing other appropriate relief, and the order
34shall become final sixty days after its issuance.
358. The labor commissioner director shall notify the
-1117-1department of revenue upon final agency action regarding
2the citation and assessment of penalty against a registered
3contractor.
49. Judicial review of any order of the employment appeal
5board issued pursuant to this section may be sought in
6accordance with the terms of chapter 17A. If no petition
7for judicial review is filed within sixty days after service
8of the order of the employment appeal board, the appeal
9board’s findings of fact and order shall be conclusive in
10connection with any petition for enforcement which is filed
11by the commissioner director after the expiration of the
12sixty-day period. In any such case, the clerk of court, unless
13otherwise ordered by the court, shall forthwith enter a decree
14enforcing the order and shall transmit a copy of the decree to
15the employment appeal board and the contractor named in the
16petition.
17 Sec. 1874. Section 91C.9, subsection 1, Code 2023, is
18amended to read as follows:
191. A contractor registration revolving fund is created in
20the state treasury. The revolving fund shall be administered
21by the commissioner director and shall consist of moneys
22collected by the commissioner director as fees. The
23commissioner director shall remit all fees collected pursuant
24to this chapter to the revolving fund. The moneys in the
25revolving fund are appropriated to and shall be used by the
26commissioner director to pay the actual costs and expenses
27necessary to perform the duties of the commissioner director
28 and the division of labor services department as described in
29this chapter. All salaries and expenses properly chargeable to
30the revolving fund shall be paid from the revolving fund.
31 Sec. 1875. Section 91D.1, subsection 1, paragraph c, Code
322023, is amended to read as follows:
33c. For purposes of determining whether an employee of a
34restaurant, hotel, motel, inn, or cabin, who customarily and
35regularly receives more than thirty dollars a month in tips
-1118-1is receiving the minimum hourly wage rate prescribed by this
2section, the amount paid the employee by the employer shall
3be deemed to be increased on account of the tips by an amount
4determined by the employer, not to exceed forty percent of
5the applicable minimum wage. An employee may file a written
6appeal with the labor commissioner director of the department
7of inspections, appeals, and licensing if the amount of tips
8received by the employee is less than the amount determined by
9the employer under this subsection.
10 Sec. 1876. Section 91D.1, subsection 3, paragraph b,
11subparagraph (2), Code 2023, is amended to read as follows:
12(2) The franchisor has been found by the labor commissioner
13 director to have exercised a type or degree of control over
14the franchisee or the franchisee’s employees that is not
15customarily exercised by a franchisor for the purpose of
16protecting the franchisor’s trademarks and brand.
17 Sec. 1877. Section 91D.1, subsection 5, Code 2023, is
18amended to read as follows:
195. The labor commissioner director shall adopt rules to
20implement and administer this section.
21 Sec. 1878. Section 91E.1, subsection 1, Code 2023, is
22amended by striking the subsection and inserting in lieu
23thereof the following:
241. “Director” means the director of the department of
25inspections, appeals, and licensing.
26 Sec. 1879. Section 91E.2, subsection 1, paragraph b, Code
272023, is amended to read as follows:
28b. If a Spanish-speaking interpreter is needed, the employer
29shall select an interpreter from a list of interpreters
30developed by the department of workforce development
31 inspections, appeals, and licensing.
32 Sec. 1880. Section 91E.5, Code 2023, is amended to read as
33follows:
3491E.5 Duties and authority of the commissioner director.
351. The commissioner director shall adopt rules to implement
-1119-1and enforce this chapter and shall provide further exemptions
2from the provisions of this chapter where reasonable.
32. In order to carry out the purposes of this chapter,
4the commissioner director or the commissioner’s director’s
5 representative, upon presenting appropriate credentials to the
6owner, operator, or agent in charge, may:
7a. Inspect employment records relating to the total number
8of employees and non-English speaking employees, and the
9services provided to non-English speaking employees.
10b. Interview an employer, owner, operator, agent, or
11employee, during working hours or at other reasonable times.
12 Sec. 1881. Section 92.1, Code 2023, is amended to read as
13follows:
1492.1 Street occupations — migratory labor.
151. No person under ten years of age shall be employed or
16permitted to work with or without compensation at any time
17within this state in street occupations of peddling, shoe
18polishing, the distribution or sale of newspapers, magazines,
19periodicals or circulars, nor in any other occupations in any
20street or public place. The labor commissioner director shall,
21when ordered by a judge of the juvenile court, issue a work
22permit as provided in this chapter to a person under ten years
23of age.
242. No person under twelve years of age shall be employed
25or permitted to work with or without compensation at any time
26within this state in connection with migratory labor, except
27that the labor commissioner director may upon sufficient
28showing by a judge of the juvenile court, issue a work permit
29as provided in this chapter to a person under twelve years of
30age.
31 Sec. 1882. NEW SECTION. 92.1B Definition.
32For purposes of this chapter, “director” means the director
33of the department of inspections, appeals, and licensing.
34 Sec. 1883. Section 92.4, subsection 1, Code 2023, is amended
35to read as follows:
-1120- 11. Those persons legally out of school, if such status
2is verified by the submission of written proof to the labor
3commissioner director.
4 Sec. 1884. Section 92.6, subsection 1, paragraph g, Code
52023, is amended to read as follows:
6g. Occupations prohibited by rules adopted pursuant to
7chapter 17A by the labor commissioner director.
8 Sec. 1885. Section 92.8, subsection 21, Code 2023, is
9amended to read as follows:
1021. Occupations prohibited by rules adopted pursuant to
11chapter 17A by the labor commissioner director.
12 Sec. 1886. Section 92.11, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14A work permit, except for migrant laborers, shall be issued
15only by the labor commissioner director upon the application of
16the parent, guardian, or custodian of the child desiring such
17permit. The application shall include the following:
18 Sec. 1887. Section 92.12, subsections 2 and 3, Code 2023,
19are amended to read as follows:
202. Work permits for migrant workers shall be issued by the
21labor commissioner director upon application of the parent or
22head of the migrant family. The application shall include
23documentation of proof of age as described in section 92.11,
24subsection 2.
253. One copy of the permit issued shall be given to the
26employer to be kept on file for the length of employment and
27upon termination of employment shall be returned to the labor
28commissioner director. The blank forms for the application
29for a work permit for migratory workers and the work permit
30for migratory workers shall be formulated by the commissioner
31 director.
32 Sec. 1888. Section 92.13, Code 2023, is amended to read as
33follows:
3492.13 Optional refusal of permit.
35The labor commissioner director may refuse to grant a
-1121-1permit if, in the commissioner’s director’s judgment, the best
2interests of the minor would be served by such refusal and the
3commissioner director shall keep a record of such refusals, and
4the reasons therefor.
5 Sec. 1889. Section 92.15, Code 2023, is amended to read as
6follows:
792.15 Application to labor commissioner director.
8An application for a work permit pursuant to section 92.11
9or section 92.12 shall be submitted to the office of the labor
10commissioner director within three days after the child begins
11work.
12 Sec. 1890. Section 92.16, Code 2023, is amended to read as
13follows:
1492.16 Forms for permits formulated.
15The proper forms for the application for a work permit,
16the work permit, the certificate of age, and the physician’s
17certificate shall be formulated by the labor commissioner
18 director.
19 Sec. 1891. Section 92.21, Code 2023, is amended to read as
20follows:
2192.21 Rules and orders of labor commissioner director.
221. The labor commissioner director may adopt rules pursuant
23to chapter 17A to more specifically define the occupations
24and equipment permitted or prohibited in this chapter, to
25determine occupations for which work permits are required, and
26to issue general and special orders prohibiting or allowing
27the employment of persons under eighteen years of age in any
28place of employment defined in this chapter as hazardous to the
29health, safety, and welfare of the persons.
302. The labor commissioner director shall adopt rules
31pursuant to chapter 17A specifically defining the civil penalty
32amount to be assessed for violations of this chapter.
33 Sec. 1892. Section 92.22, Code 2023, is amended to read as
34follows:
3592.22 Labor commissioner Director to enforce — civil penalty
-1122-1— judicial review.
21. The labor commissioner director shall enforce this
3chapter. An employer who violates this chapter or the rules
4adopted pursuant to this chapter is subject to a civil penalty
5of not more than ten thousand dollars for each violation.
62. The commissioner director shall notify the employer
7of a proposed civil penalty by service in the same manner as
8an original notice or by certified mail. If, within fifteen
9working days from the receipt of the notice, the employer fails
10to file a notice of contest in accordance with rules adopted by
11the commissioner director pursuant to chapter 17A, the penalty,
12as proposed, shall be deemed final agency action for purposes
13of judicial review.
143. The commissioner director shall notify the department of
15revenue upon final agency action regarding the assessment of a
16penalty against an employer. Interest shall be calculated from
17the date of final agency action.
184. Judicial review of final agency action pursuant to
19this section may be sought in accordance with the terms of
20section 17A.19. If no petition for judicial review is filed
21within sixty days after service of the final agency action
22of the commissioner director, the commissioner’s director’s
23 findings of fact and final agency action shall be conclusive in
24connection with any petition for enforcement which is filed by
25the commissioner director after the expiration of the sixty-day
26period. In any such case, the clerk of court, unless otherwise
27ordered by the court, shall forthwith enter a decree enforcing
28the final agency action and shall transmit a copy of the decree
29to the commissioner director and the employer named in the
30petition.
315. Any penalties recovered pursuant to this section shall be
32remitted by the commissioner director to the treasurer of state
33for deposit in the general fund of the state.
346. Mayors and police officers, sheriffs, school
35superintendents, and school truant and attendance officers,
-1123-1within their several jurisdictions, shall cooperate in the
2enforcement of this chapter and furnish the commissioner
3 director and the commissioner’s director’s designees with all
4information coming to their knowledge regarding violations of
5this chapter. All such officers and any person authorized in
6writing by a court of record shall have the authority to enter,
7for the purpose of investigation, any of the establishments and
8places mentioned in this chapter and to freely question any
9person therein as to any violations of this chapter.
107. County attorneys shall investigate all complaints made
11to them of violations of this chapter, and prosecute all such
12cases of violation within their respective counties.
13 Sec. 1893. Section 96.1A, subsection 23, Code 2023, is
14amended to read as follows:
1523. “Hospital” means an institution which has been licensed,
16certified, or approved by the department of inspections, and
17 appeals, and licensing as a hospital.
18 Sec. 1894. Section 97B.20A, Code 2023, is amended to read
19as follows:
2097B.20A Appeal procedure.
21Members and third-party payees may appeal any decision made
22by the system that affects their rights under this chapter.
23The appeal shall be filed with the system within thirty days
24after the notification of the decision was mailed to the
25party’s last known mailing address, or the decision of the
26system is final. If the party appeals the decision of the
27system, the system shall conduct an internal review of the
28decision and the chief executive officer shall notify the
29individual who has filed the appeal in writing of the system’s
30decision. The individual who has filed the appeal may file an
31appeal of the system’s final decision with the system under
32chapter 17A by notifying the system of the appeal in writing
33within thirty days after the notification of its final decision
34was mailed to the party’s last known mailing address. Once
35notified, the system shall forward the appeal to the department
-1124-1of inspections, and appeals, and licensing.
2 Sec. 1895. Section 97B.20B, Code 2023, is amended to read
3as follows:
497B.20B Hearing by administrative law judge.
5If an appeal is filed and is not withdrawn, an administrative
6law judge in the department of inspections, and appeals, and
7licensing, after affording the parties reasonable opportunity
8for fair hearing, shall affirm, modify, or reverse the
9decision of the system. The hearing shall be recorded by
10mechanical means and a transcript of the hearing shall be
11made. The transcript shall then be made available for use by
12the employment appeal board and by the courts at subsequent
13judicial review proceedings under the Iowa administrative
14procedure Act, chapter 17A, if any. The parties shall be duly
15notified of the administrative law judge’s decision, together
16with the administrative law judge’s reasons. The decision is
17final unless, within thirty days after the date of notification
18or mailing of the decision, review by the employment appeal
19board is initiated pursuant to section 97B.27.
20 Sec. 1896. Section 97B.27, Code 2023, is amended to read as
21follows:
2297B.27 Review of decision.
23Anyone aggrieved by the decision of the administrative law
24judge may, at any time before the administrative law judge’s
25decision becomes final, petition the department of inspections,
26 and appeals, and licensing for review by the employment appeal
27board established in section 10A.601. The appeal board shall
28review the record made before the administrative law judge, but
29no additional evidence shall be heard. On the basis of the
30record the appeal board shall affirm, modify, or reverse the
31decision of the administrative law judge and shall determine
32the rights of the appellant. It shall promptly notify the
33appellant and any other interested party by written decision.
34 Sec. 1897. Section 99B.1, subsection 13, Code 2023, is
35amended to read as follows:
-1125- 113. “Department” means the department of inspections, and
2 appeals, and licensing.
3 Sec. 1898. Section 99B.6, Code 2023, is amended to read as
4follows:
599B.6 Attorney general and county attorney — prosecution.
6Upon request of the department of inspections, and appeals,
7and licensing or the division of criminal investigation of
8the department of public safety, the attorney general shall
9institute in the name of the state the proper proceedings
10against a person charged by either department with violating
11this chapter, and a county attorney, at the request of the
12attorney general, shall appear and prosecute an action when
13brought in the county attorney’s county.
14 Sec. 1899. Section 99B.7, Code 2023, is amended to read as
15follows:
1699B.7 Division of criminal investigation.
17The division of criminal investigation of the department of
18public safety may investigate to determine licensee compliance
19with the requirements of this chapter. Investigations may be
20conducted either on the criminal investigation division’s own
21initiative or at the request of the department of inspections,
22 and appeals, and licensing. The criminal investigation
23division and the department of inspections, and appeals, and
24licensing shall cooperate to the maximum extent possible on an
25investigation.
26 Sec. 1900. Section 99B.58, Code 2023, is amended to read as
27follows:
2899B.58 Electrical or mechanical amusement devices — special
29fund.
30Fees collected by the department pursuant to sections 99B.53
31and 99B.56 shall be deposited in a special fund created in
32the state treasury. Moneys in the fund are appropriated to
33the department of inspections, and appeals, and licensing
34 and the department of public safety for administration and
35enforcement of this subchapter, including employment of
-1126-1necessary personnel. The distribution of moneys in the fund to
2the department of inspections, and appeals, and licensing and
3the department of public safety shall be pursuant to a written
4policy agreed upon by the departments. Notwithstanding section
512C.7, subsection 2, interest or earnings on moneys deposited
6in the fund shall be credited to the fund. Notwithstanding
7section 8.33, moneys remaining in the fund at the end of a
8fiscal year shall not revert to the general fund of the state.
9 Sec. 1901. Section 99D.5, subsection 1, Code 2023, is
10amended to read as follows:
111. A state racing and gaming commission is created within
12the department of inspections, and appeals, and licensing
13 consisting of five members who shall be appointed by the
14governor subject to confirmation by the senate, and who shall
15serve not to exceed a three-year term at the pleasure of the
16governor. The term of each member shall begin and end as
17provided in section 69.19.
18 Sec. 1902. Section 99F.4B, Code 2023, is amended to read as
19follows:
2099F.4B Rules.
21The department of inspections, and appeals, and licensing
22 shall cooperate to the maximum extent possible with the
23division of criminal investigation in adopting rules relating
24to the gaming operations in this chapter and chapters 99D and
2599E.
26 Sec. 1903. Section 99F.20, subsection 1, Code 2023, is
27amended to read as follows:
281. A gaming regulatory revolving fund is created in
29the state treasury under the control of the department of
30inspections, and appeals, and licensing. The fund shall
31consist of fees collected and deposited into the fund paid
32by licensees pursuant to section 99D.14, subsection 2,
33paragraph “c”, fees paid by licensees pursuant to section
3499E.5, subsection 4, paragraph “c”, regulatory fees paid by
35licensees pursuant to section 99F.4, subsection 27, and fees
-1127-1paid by licensees pursuant to section 99F.10, subsection 4,
2paragraph “c”. All costs relating to racetrack, excursion
3boat, gambling structure, internet fantasy sports contests as
4defined in section 99E.1, and sports wagering regulation shall
5be paid from the fund as provided in appropriations made for
6this purpose by the general assembly. The department shall
7provide quarterly reports to the department of management and
8the legislative services agency specifying revenues billed
9and collected and expenditures from the fund in a format as
10determined by the department of management in consultation with
11the legislative services agency.
12 Sec. 1904. Section 123.3, subsection 23, Code 2023, is
13amended to read as follows:
1423. “Hotel” or “motel” means premises licensed by the
15department of inspections, and appeals, and licensing and
16regularly or seasonally kept open in a bona fide manner for the
17lodging of transient guests, and with twenty or more sleeping
18rooms.
19 Sec. 1905. Section 123.10, subsection 15, Code 2023, is
20amended to read as follows:
2115. Prescribing the uniform fee, not to exceed one hundred
22dollars, to be assessed against a licensee or permittee for
23a contested case hearing conducted by the division or by an
24administrative law judge from the department of inspections,
25 and appeals, and licensing which results in administrative
26action taken against the licensee or permittee by the division.
27 Sec. 1906. Section 123.17, subsection 4, Code 2023, is
28amended to read as follows:
294. The treasurer of state shall, each quarter, prepare
30an estimate of the gaming revenues and of the moneys to be
31deposited in the beer and liquor control fund that will become
32available during the remainder of the appropriate fiscal year
33for the purposes described in subsection 3. The department
34of management, the department of inspections, and appeals,
35and licensing, and the department of commerce shall take
-1128-1appropriate actions to provide that the sum of the amount of
2gaming revenues available to be deposited into the revenue
3bonds debt service fund and the revenue bonds federal subsidy
4holdback fund during a fiscal year and the amount of moneys to
5be deposited in the beer and liquor control fund available to
6be deposited into the revenue bonds debt service fund and the
7revenue bonds federal subsidy holdback fund during such fiscal
8year will be sufficient to cover any anticipated deficiencies.
9 Sec. 1907. Section 123.30, subsection 1, paragraph b, Code
102023, is amended to read as follows:
11b. As a condition for issuance of a retail alcohol license
12or wine or beer permit, the applicant must give consent
13to members of the fire, police, and health departments and
14the building inspector of cities; the county sheriff or
15deputy sheriff; members of the department of public safety;
16representatives of the division and of the department of
17inspections, and appeals, and licensing; certified police
18officers; and any official county health officer to enter upon
19areas of the premises where alcoholic beverages are stored,
20served, or sold, without a warrant during business hours of
21the licensee or permittee to inspect for violations of this
22chapter or ordinances and regulations that cities and boards
23of supervisors may adopt. However, a subpoena issued under
24section 421.17 or a warrant is required for inspection of
25private records, a private business office, or attached living
26quarters. Persons who are not certified peace officers shall
27limit the scope of their inspections of licensed premises
28to the regulatory authority under which the inspection is
29conducted. All persons who enter upon a licensed premises to
30conduct an inspection shall present appropriate identification
31to the owner of the establishment or the person who appears
32to be in charge of the establishment prior to commencing
33an inspection; however, this provision does not apply to
34undercover criminal investigations conducted by peace officers.
35 Sec. 1908. Section 123.32, subsection 6, paragraph b, Code
-1129-12023, is amended to read as follows:
2b. Upon receipt of an application having been approved by
3the local authority, the division shall make an investigation
4as the administrator deems necessary to determine that the
5applicant complies with all requirements for holding a license,
6and may require the applicant to appear to be examined under
7oath to demonstrate that the applicant complies with all of the
8requirements to hold a license. If the administrator requires
9the applicant to appear and to testify under oath, a record
10shall be made of all testimony or evidence and the record
11shall become a part of the application. The administrator
12may appoint a member of the division or may request an
13administrative law judge of the department of inspections, and
14 appeals, and licensing to receive the testimony under oath
15and evidence, and to issue a proposed decision to approve or
16disapprove the application for a license. The administrator
17may affirm, reverse, or modify the proposed decision to
18approve or disapprove the application for the license. If
19the application is approved by the administrator, the license
20shall be issued. If the application is disapproved by the
21administrator, the applicant shall be so notified by certified
22mail or personal service and the appropriate local authority
23shall be notified electronically, or in a manner prescribed by
24the administrator.
25 Sec. 1909. Section 123.32, subsections 7 and 9, Code 2023,
26are amended to read as follows:
277. Appeal to administrator. An applicant for a retail
28alcohol license may appeal from the local authority’s
29disapproval of an application for a license or permit to the
30administrator. In the appeal the applicant shall be allowed
31the opportunity to demonstrate in an evidentiary hearing
32conducted pursuant to chapter 17A that the applicant complies
33with all of the requirements for holding the license or permit.
34The administrator may appoint a member of the division or
35may request an administrative law judge from the department
-1130-1of inspections, and appeals, and licensing to conduct the
2evidentiary hearing and to render a proposed decision to
3approve or disapprove the issuance of the license or permit.
4The administrator may affirm, reverse, or modify the proposed
5decision. If the administrator determines that the applicant
6complies with all of the requirements for holding a license
7or permit, the administrator shall order the issuance of the
8license or permit. If the administrator determines that the
9applicant does not comply with the requirements for holding
10a license or permit, the administrator shall disapprove the
11issuance of the license or permit.
129. Suspension by local authority. A retail alcohol licensee
13whose license has been suspended or revoked or a civil penalty
14imposed by a local authority for a violation of this chapter
15or suspended by a local authority for violation of a local
16ordinance may appeal the suspension, revocation, or civil
17penalty to the administrator. The administrator may appoint
18a member of the division or may request an administrative
19law judge from the department of inspections, and appeals,
20and licensing to hear the appeal which shall be conducted in
21accordance with chapter 17A and to issue a proposed decision.
22The administrator may review the proposed decision upon the
23motion of a party to the appeal or upon the administrator’s
24own motion in accordance with chapter 17A. Upon review of the
25proposed decision, the administrator may affirm, reverse, or
26modify the proposed decision. A retail alcohol licensee or a
27local authority aggrieved by a decision of the administrator
28may seek judicial review of the decision pursuant to chapter
2917A.
30 Sec. 1910. Section 123.39, subsection 1, paragraph e, Code
312023, is amended to read as follows:
32e. Before suspension, revocation, or imposition of a
33civil penalty by the administrator, the license, permit,
34or certificate holder shall be given written notice and an
35opportunity for a hearing. The administrator may appoint
-1131-1a member of the division or may request an administrative
2law judge from the department of inspections, and appeals,
3and licensing to conduct the hearing and issue a proposed
4decision. Upon the motion of a party to the hearing or
5upon the administrator’s own motion, the administrator may
6review the proposed decision in accordance with chapter 17A.
7 Upon review of the proposed decision, the administrator may
8affirm, reverse, or modify the proposed decision. A license,
9permit, or certificate holder aggrieved by a decision of the
10administrator may seek judicial review of the administrator’s
11decision in accordance with chapter 17A.
12 Sec. 1911. Section 125.18, Code 2023, is amended to read as
13follows:
14125.18 Hearing before board.
15If a licensee under this chapter makes a written request
16for a hearing within thirty days of suspension, revocation, or
17refusal to renew a license, a hearing before the board shall
18be expeditiously arranged by the department of inspections,
19 and appeals, and licensing whose decision is subject to review
20by the board. The board shall issue a written statement of
21the board’s findings within thirty days after conclusion of
22the hearing upholding or reversing the proposed suspension,
23revocation, or refusal to renew a license. Action involving
24suspension, revocation, or refusal to renew a license shall
25not be taken by the board unless a quorum is present at the
26meeting. A copy of the board’s decision shall be promptly
27transmitted to the affected licensee who may, if aggrieved by
28the decision, seek judicial review of the actions of the board
29in accordance with the terms of chapter 17A.
30 Sec. 1912. Section 135.11, subsection 10, Code 2023, is
31amended to read as follows:
3210. Enforce the law relative to chapter 146 and
33“Health-related Professions”, Title IV, subtitle 3, excluding
34chapter 155.
35 Sec. 1913. Section 135.16A, subsection 1, paragraph d, Code
-1132-12023, is amended to read as follows:
2d. “Grocery store” means a food establishment as defined
3in section 137F.1 licensed by the department of inspections,
4 and appeals, and licensing pursuant to section 137F.4, to sell
5food or food products to customers intended for preparation or
6consumption off premises.
7 Sec. 1914. Section 135.16A, subsection 2, paragraph a, Code
82023, is amended to read as follows:
9a. The department of inspections, and appeals, and licensing
10 shall assist the Iowa department of public health in adopting
11rules necessary to implement and administer this section.
12 Sec. 1915. Section 135.63, subsection 2, paragraph g,
13subparagraph (1), subparagraph division (a), Code 2023, is
14amended to read as follows:
15(a) The institutional health facility reports to the
16department the number and type of beds reduced on a form
17prescribed by the department at least thirty days before the
18reduction. In the case of a health care facility, the new bed
19total must be consistent with the number of licensed beds at
20the facility. In the case of a hospital, the number of beds
21must be consistent with bed totals reported to the department
22of inspections, and appeals, and licensing for purposes of
23licensure and certification.
24 Sec. 1916. Section 135B.1, subsection 1, Code 2023, is
25amended to read as follows:
261. “Department” means the department of inspections, and
27 appeals, and licensing.
28 Sec. 1917. Section 135C.1, subsections 4, 6, and 20, Code
292023, are amended to read as follows:
304. “Department” means the department of inspections, and
31 appeals, and licensing.
326. “Director” means the director of the department of
33inspections, and appeals, and licensing, or the director’s
34designee.
3520. “Residential care facility” means any institution,
-1133-1place, building, or agency providing for a period exceeding
2twenty-four consecutive hours accommodation, board, personal
3assistance and other essential daily living activities to
4three or more individuals, not related to the administrator or
5owner thereof within the third degree of consanguinity, who by
6reason of illness, disease, or physical or mental infirmity
7are unable to sufficiently or properly care for themselves but
8who do not require the services of a registered or licensed
9practical nurse except on an emergency basis or who by reason
10of illness, disease, or physical or mental infirmity are unable
11to sufficiently or properly care for themselves but who do not
12require the services of a registered or licensed practical
13nurse except on an emergency basis if home and community-based
14services, other than nursing care, as defined by this chapter
15and departmental rule, are provided. For the purposes of
16this definition, the home and community-based services to be
17provided are limited to the type included under the medical
18assistance program provided pursuant to chapter 249A, are
19subject to cost limitations established by the department of
20human services under the medical assistance program, and except
21as otherwise provided by the department of inspections, and
22 appeals, and licensing with the concurrence of the department
23of human services, are limited in capacity to the number of
24licensed residential care facilities and the number of licensed
25residential care facility beds in the state as of December 1,
262003.
27 Sec. 1918. Section 135C.4, subsection 3, Code 2023, is
28amended to read as follows:
293. For the purposes of this section, the home and
30community-based services to be provided shall be limited to the
31type included under the medical assistance program provided
32pursuant to chapter 249A, shall be subject to cost limitations
33established by the department of human services under the
34medical assistance program, and except as otherwise provided by
35the department of inspections, and appeals, and licensing with
-1134-1the concurrence of the department of human services, shall be
2limited in capacity to the number of licensed residential care
3facilities and the number of licensed residential care facility
4beds in the state as of December 1, 2003.
5 Sec. 1919. Section 135C.19, subsection 3, Code 2023, is
6amended to read as follows:
73. If the facility cited subsequently advises the
8department of human services that the violation has been
9corrected to the satisfaction of the department of inspections,
10 and appeals, and licensing, the department of human services
11shall maintain this advisory in the same file with the copy
12of the citation. The department of human services shall
13not disseminate to the public any information regarding
14citations issued by the department of inspections, and appeals,
15and licensing, but shall forward or refer inquiries to the
16department of inspections, and appeals, and licensing.
17 Sec. 1920. Section 135C.31A, subsection 1, Code 2023, is
18amended to read as follows:
191. A health care facility shall assist the Iowa department
20of veterans affairs in identifying, upon admission of a
21resident, the resident’s eligibility for benefits through the
22United States department of veterans affairs. The department
23of inspections, and appeals, and licensing, in cooperation
24with the department of human services, shall adopt rules to
25administer this section, including a provision that ensures
26that if a resident is eligible for benefits through the United
27States department of veterans affairs or other third-party
28payor, the payor of last resort for reimbursement to the
29health care facility is the medical assistance program.
30The rules shall also require the health care facility to
31request information from a resident or resident’s personal
32representative regarding the resident’s veteran status and to
33report to the Iowa department of veterans affairs only the
34names of residents identified as potential veterans along with
35the names of their spouses and any dependents. Information
-1135-1reported by the health care facility shall be verified by the
2Iowa department of veterans affairs. This section shall not
3apply to the admission of an individual to a state mental
4health institute for acute psychiatric care or to the admission
5of an individual to the Iowa veterans home.
6 Sec. 1921. Section 135C.31A, subsection 2, paragraph b,
7Code 2023, is amended to read as follows:
8b. The department of inspections, and appeals, and
9licensing, the department of veterans affairs, and the
10department of human services shall identify any barriers
11to residents in accessing such prescription drug benefits
12and shall assist health care facilities in adjusting their
13procedures for medication administration to comply with this
14subsection.
15 Sec. 1922. Section 135C.33, subsection 7, paragraph a, Code
162023, is amended to read as follows:
17a. The department of inspections, and appeals, and
18licensing, in conjunction with other departments and agencies
19of state government involved with criminal history and
20abuse registry information, shall establish a single contact
21repository for facilities and other providers to have
22electronic access to data to perform background checks for
23purposes of employment, as required of the facilities and other
24providers under this section.
25 Sec. 1923. Section 135C.34, Code 2023, is amended to read
26as follows:
27135C.34 Medication aide — certification.
28The department of inspections, and appeals, and licensing,
29in cooperation with other appropriate agencies, shall establish
30a procedure to allow a person who is certified as a medication
31aide in another state to become certified in this state upon
32completion and passage of both the certified nurse aide and
33certified medication aide challenge examinations, without
34additional requirements for certification, including but
35not limited to, required employment in this state prior to
-1136-1certification. The department shall adopt rules pursuant to
2chapter 17A to administer this section.
3 Sec. 1924. Section 135G.1, subsection 2, Code 2023, is
4amended to read as follows:
52. “Department” means the department of inspections, and
6 appeals, and licensing.
7 Sec. 1925. Section 135G.10, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9The department of inspections, and appeals, and licensing
10 and the department of human services shall collaborate
11in establishing standards for licensing of subacute care
12facilities to achieve all of the following objectives:
13 Sec. 1926. Section 135G.10, subsection 3, Code 2023, is
14amended to read as follows:
153. The department of inspections, and appeals, and
16licensing, in consultation with the department of human
17services and affected professional groups, shall adopt and
18enforce rules setting out the standards for a subacute care
19facility and the rights of the residents admitted to a subacute
20care facility. The department of inspections, and appeals, and
21licensing and the department of human services shall coordinate
22the adoption of rules and the enforcement of the rules in order
23to prevent duplication of effort by the departments and of
24requirements of the licensee.
25 Sec. 1927. Section 135G.11, subsection 2, Code 2023, is
26amended to read as follows:
272. Upon receipt of a complaint made in accordance with
28subsection 1, the department shall make a preliminary review
29of the complaint. Unless the department concludes that the
30complaint is intended to harass a subacute care facility or
31a licensee or is without reasonable basis, it shall within
32twenty working days of receipt of the complaint make or cause
33to be made an on-site inspection of the subacute care facility
34which is the subject of the complaint. The department of
35inspections, and appeals, and licensing may refer to the
-1137-1department of human services any complaint received by the
2department of inspections, and appeals, and licensing if the
3complaint applies to rules adopted by the department of human
4services. The complainant shall also be notified of the name,
5address, and telephone number of the designated protection and
6advocacy agency if the alleged violation involves a facility
7with one or more residents with a developmental disability or
8mental illness. In any case, the complainant shall be promptly
9informed of the result of any action taken by the department
10in the matter.
11 Sec. 1928. Section 135H.1, subsection 1, Code 2023, is
12amended to read as follows:
131. “Department” means the department of inspections, and
14 appeals, and licensing.
15 Sec. 1929. Section 135H.10, subsection 1, Code 2023, is
16amended to read as follows:
171. The department of inspections and appeals, in
18consultation with the department of human services and affected
19professional groups, shall adopt and enforce rules setting
20out the standards for a psychiatric medical institution
21for children and the rights of the residents admitted to a
22psychiatric institution. The department of inspections and
23appeals and the department of human services shall coordinate
24the adoption of rules and the enforcement of the rules in order
25to prevent duplication of effort by the departments and of
26requirements of the licensee.
27 Sec. 1930. Section 135H.12, subsection 1, Code 2023, is
28amended to read as follows:
291. Upon receipt of a complaint made in accordance with
30section 135H.11, the department shall make a preliminary review
31of the complaint. Unless the department concludes that the
32complaint is intended to harass a psychiatric institution or a
33licensee or is without reasonable basis, it shall within twenty
34working days of receipt of the complaint make or cause to be
35made an on-site inspection of the psychiatric institution which
-1138-1is the subject of the complaint. The department of inspections
2and appeals may refer to the department of human services any
3complaint received by the department if the complaint applies
4to rules adopted by the department of human services. The
5complainant shall also be notified of the name, address, and
6telephone number of the designated protection and advocacy
7agency if the alleged violation involves a facility with one
8or more residents with developmental disabilities or mental
9illness. In any case, the complainant shall be promptly
10informed of the result of any action taken by the department
11in the matter.
12 Sec. 1931. Section 135J.1, subsection 3, Code 2023, is
13amended to read as follows:
143. “Department” means the department of inspections, and
15 appeals, and licensing.
16 Sec. 1932. Section 135J.2, subsection 2, Code 2023, is
17amended to read as follows:
182. The hospice program shall meet the criteria pursuant
19to section 135J.3 before a license is issued. The department
20of inspections and appeals is responsible to provide the
21necessary personnel to inspect the hospice program, the home
22care and inpatient care provided and the hospital or facility
23used by the hospice to determine if the hospice complies with
24necessary standards before a license is issued. Hospices that
25are certified as Medicare hospice providers by the department
26of inspections and appeals or are accredited as hospices by
27the joint commission on the accreditation of health care
28organizations, shall be licensed without inspection by the
29department of inspections, and appeals, and licensing.
30 Sec. 1933. Section 135J.4, Code 2023, is amended to read as
31follows:
32135J.4 Inspection.
33The department of inspections and appeals shall make or be
34responsible for inspections of the hospice program, the home
35care and the inpatient care provided in the hospice program,
-1139-1and the hospital or facility before a license is issued. The
2department of inspections and appeals shall inspect the hospice
3program periodically after initial inspection.
4 Sec. 1934. Section 135O.1, subsections 1 and 2, Code 2023,
5are amended to read as follows:
61. “Boarding home” means a premises used by its owner
7or lessee for the purpose of letting rooms for rental to
8three or more persons not related within the third degree of
9consanguinity to the owner or lessee where supervision or
10assistance with activities of daily living is provided to such
11persons. A boarding home does not include a facility, home,
12or program otherwise subject to licensure or regulation by the
13department of health and human services, or the department of
14inspections and appeals, or department of public health.
152. “Department” means the department of inspections, and
16 appeals, and licensing.
17 Sec. 1935. Section 135O.2, subsection 2, Code 2023, is
18amended to read as follows:
192. The department of inspections and appeals shall adopt
20rules to administer this chapter in consultation with the
21departments of human services and public safety.
22 Sec. 1936. Section 135O.3, subsection 2, paragraph a, Code
232023, is amended to read as follows:
24a. The interagency approach may involve a multidisciplinary
25team consisting of employees of the department of inspections
26and appeals, the department of human services, the state fire
27marshal, and the division of criminal investigation of the
28department of public safety, or other local, state, and federal
29agencies.
30 Sec. 1937. Section 135O.3, subsection 4, Code 2023, is
31amended to read as follows:
324. If the department or a multidisciplinary team has
33probable cause to believe that a boarding home is in violation
34of this chapter or licensing or other regulatory requirements
35of the department of human services, department of inspections
-1140-1and appeals, or department of public health, or that dependent
2adult abuse of any individual living in a boarding home
3has occurred, and upon producing proper identification, is
4denied entry to the boarding home or access to any individual
5living in the boarding home for the purpose of making an
6inspection or conducting an investigation, the department or
7multidisciplinary team may, with the assistance of the county
8attorney of the county in which the boarding home is located,
9apply to the district court for an order requiring the owner or
10lessee to permit entry to the boarding home and access to the
11individuals living in the boarding home.
12 Sec. 1938. Section 135Q.1, subsection 1, Code 2023, is
13amended to read as follows:
141. “Department” means the department of inspections, and
15 appeals, and licensing.
16 Sec. 1939. Section 137C.2, subsections 2 and 3, Code 2023,
17are amended to read as follows:
182. “Director” means the director of the department of
19inspections, and appeals, and licensing or the director’s
20designee.
213. “Department” means the department of inspections, and
22 appeals, and licensing.
23 Sec. 1940. Section 137D.1, subsection 1, Code 2023, is
24amended to read as follows:
251. “Department” means the department of inspections, and
26 appeals, and licensing.
27 Sec. 1941. Section 137F.1, subsections 4 and 5, Code 2023,
28are amended to read as follows:
294. “Department” means the department of inspections, and
30 appeals, and licensing.
315. “Director” means the director of the department of
32inspections, and appeals, and licensing.
33 Sec. 1942. Section 137F.3A, Code 2023, is amended to read
34as follows:
35137F.3A Municipal corporation inspections — contingent
-1141-1appropriation.
21. a. The department of inspections and appeals may employ
3additional full-time equivalent positions to enforce the
4provisions of this chapter and chapters 137C and 137D, with
5the approval of the department of management, if either of the
6following apply:
7(1) A municipal corporation operating pursuant to a chapter
828E agreement with the department of inspections and appeals
9 to enforce the chapters either fails to renew the agreement
10effective after April 1, 2007, or discontinues, after April
111, 2007, enforcement activities in one or more jurisdictions
12during the agreement time frame.
13(2) The department of inspections and appeals cancels an
14agreement after April 1, 2007, due to noncompliance with the
15terms of the agreement.
16b. Before approval may be given, the director of the
17department of management must have determined that the expenses
18exceed the funds budgeted by the general assembly for food
19inspections to the department of inspections and appeals. The
20department of inspections and appeals may hire no more than one
21full-time equivalent position for each six hundred inspections
22required pursuant to this chapter and chapters 137C and 137D.
232. Notwithstanding chapter 137D, and sections 137C.9 and
24137F.6, if the conditions described in this section are met,
25fees imposed pursuant to that chapter and those sections
26shall be retained by and are appropriated to the department
27of inspections and appeals each fiscal year to provide for
28salaries, support, maintenance, and miscellaneous purposes
29associated with the additional inspections. The appropriation
30made in this subsection is not applicable in a fiscal year for
31which the general assembly enacts an appropriation made for the
32purposes described in this subsection.
33 Sec. 1943. Section 147.77, subsection 1, paragraph g,
34unnumbered paragraph 1, Code 2023, is amended to read as
35follows:
-1142- 1The department of inspections, and appeals, and licensing,
2with respect to rules relating to the following:
3 Sec. 1944. Section 147.77, subsection 1, paragraph g, Code
42023, is amended by adding the following new subparagraphs:
5 NEW SUBPARAGRAPH. (6) For applications for a license to
6practice asbestos removal, that except as noted in rule, only
7worker and contractor/supervisor license applicants must submit
8the respiratory protection and physician’s certification forms.
9 NEW SUBPARAGRAPH. (7) For documentation held by persons
10licensed for asbestos abatement in an area that is subject to
11a disaster emergency proclamation, that the director of the
12department of inspections, appeals, and licensing deems an
13individual contractor, supervisor, or worker to be licensed
14and authorized for asbestos abatement if the individual, in
15addition to other specified conditions, makes immediately
16available on the work site a copy of a physician’s statement
17indicating that, consistent with federal law, a licensed
18physician has examined the individual within the past twelve
19months and approved the individual to work while wearing a
20respirator.
21 NEW SUBPARAGRAPH. (8) That the contents of an application
22for an event license for a covered athletic event other than a
23professional wrestling event shall contain, along with other
24requirements, a copy of the medical license of the ringside
25physician and the date, time, and location of the ringside
26physician’s examination of the contestants.
27 NEW SUBPARAGRAPH. (9) For the responsibilities of the
28promoter of an athletic event, that the promoter submit test
29results to the ringside physician no later than at the time of
30the physical showing that each contestant scheduled for the
31event tested negative for the human immunodeficiency, hepatitis
32B, and hepatitis C viruses within the one-year period prior to
33the event, and that the contestant shall not participate and
34the physician shall notify the promoter that the contestant is
35prohibited from participating for medical reasons if specified
-1143-1circumstances occur.
2 NEW SUBPARAGRAPH. (10) For injuries during a professional
3boxing match, that if a contestant claims to be injured during
4the bout, the referee shall stop the bout and request the
5attending physician to make an examination. If the physician
6decides that the contestant has been injured as the result of a
7foul, the physician shall advise the referee of the injury. If
8the physician is of the opinion that the injured contestant may
9be able to continue, the physician shall order an intermission,
10after which the physician shall make another examination and
11again advise the referee of the injured contestant’s condition.
12It shall be the duty of the promoter to have an approved
13physician in attendance during the entire duration of all
14bouts.
15 NEW SUBPARAGRAPH. (11) For persons allowed in a ring during
16a professional boxing match, that no person other than the
17contestants and the referee shall enter the ring during the
18bout, excepting the seconds between the rounds or the attending
19physician if asked by the referee to examine an injury to a
20contestant.
21 NEW SUBPARAGRAPH. (12) For the weighing of contestants in
22a professional boxing match, that contestants shall be weighed
23and examined on the day of the scheduled match by the attending
24ring physician at a time and place to be determined by the
25state commissioner of athletics.
26 NEW SUBPARAGRAPH. (13) For attending ring physicians
27during a professional boxing match, that when a boxer has been
28injured seriously, knocked out, or technically knocked out, the
29referee shall immediately summon the attending ring physician
30to aid the stricken boxer, and that managers, handlers, and
31seconds shall not attend to the stricken boxer, except at the
32request of the physician.
33 NEW SUBPARAGRAPH. (14) For the keeping of time during a
34professional boxing match, that the timekeeper shall keep an
35exact record of time taken out at the request of a referee for
-1144-1an examination of a contestant by the physician.
2 NEW SUBPARAGRAPH. (15) For the suspension of contestants
3during a professional boxing match that is an elimination
4tournament, that a contestant who for specified reasons is not
5permitted to box in the state for a period of time shall be
6examined by a physician approved by the state commissioner of
7athletics before being permitted to fight again.
8 NEW SUBPARAGRAPH. (16) For the designation of officials for
9professional kickboxing, that the designation of physicians is
10subject to the approval of the state commissioner of athletics
11or designee.
12 NEW SUBPARAGRAPH. (17) For officials for a mixed martial
13arts event, that officials shall include a physician.
14 NEW SUBPARAGRAPH. (18) For the keeping of time for a mixed
15martial arts event, that the timekeeper shall keep an exact
16record of time taken out at the request of a referee for an
17examination of a contestant by the physician.
18 NEW SUBPARAGRAPH. (19) For persons allowed in the cage
19during a mixed martial arts event, that a physician may enter
20the cage to examine a contestant upon the request of the
21referee.
22 NEW SUBPARAGRAPH. (20) For the decorum of persons involved
23in a mixed martial arts event, that a contestant is exempt
24from prohibitions on specified conduct while interacting with
25the contestant’s opponent during a round, but if the round
26is stopped by the physician or referee for a time out, the
27prohibitions shall apply to the contestant.
28 NEW SUBPARAGRAPH. (21) For the examination of contestants
29in a mixed martial arts event, that on the day of the event,
30at a time and place to be approved by the state commissioner
31of athletics, the ringside physician shall conduct a rigorous
32physical examination to determine the contestant’s fitness
33to participate in a mixed martial arts match, and that
34a contestant deemed not fit by the physician shall not
35participate in the event.
-1145-1 NEW SUBPARAGRAPH. (22) For injuries during a mixed martial
2arts event, that if a contestant claims to be injured or
3when a contestant has been injured seriously or knocked out,
4the referee shall immediately stop the fight and summon the
5attending ring physician to make an examination of the stricken
6fighter. If the physician decides that the contestant has
7been injured, the physician shall advise the referee of the
8severity of the injury. If the physician is of the opinion the
9injured contestant may be able to continue, the physician shall
10order an intermission, after which the physician shall make
11another examination and again advise the referee of the injured
12contestant’s condition. Managers, handlers, and seconds shall
13not attend to the stricken fighter, except at the request of
14the physician.
15 Sec. 1945. Section 147.77, subsection 1, paragraph p,
16unnumbered paragraph 1, Code 2023, is amended to read as
17follows:
18The labor services division of the department of workforce
19development inspections, appeals, and licensing, with respect
20to rules relating to the following:
21 Sec. 1946. Section 147.77, subsection 1, paragraph p,
22subparagraphs (3) through (19), Code 2023, are amended by
23striking the subparagraphs.
24 Sec. 1947. Section 147.87, Code 2023, is amended to read as
25follows:
26147.87 Enforcement.
27A board shall enforce the provisions of this chapter and the
28board’s enabling statute and for that purpose may request the
29department of inspections, and appeals, and licensing to make
30necessary investigations. Every licensee and member of a board
31shall furnish the board or the department of inspections, and
32 appeals, and licensing such evidence as the member or licensee
33may have relative to any alleged violation which is being
34investigated.
35 Sec. 1948. Section 147.88, Code 2023, is amended to read as
-1146-1follows:
2147.88 Inspections and investigations.
3The department of inspections, and appeals, and licensing
4 may perform inspections and investigations as required by this
5subtitle, except inspections and investigations for the board
6of medicine, board of pharmacy, board of nursing, and the
7dental board. The department of inspections, and appeals, and
8licensing shall employ personnel related to the inspection and
9investigative functions.
10 Sec. 1949. Section 155A.13, subsection 4, paragraph b, Code
112023, is amended to read as follows:
12b. To the maximum extent possible, the board shall
13coordinate the rules with the standards and conditions
14described in paragraph “a”, subparagraph (4), and shall
15coordinate its inspections of hospital pharmacies with the
16Medicare surveys of the department of inspections, and appeals,
17and licensing and with the board’s inspections with respect to
18controlled substances conducted under contract with the federal
19government.
20 Sec. 1950. Section 155A.15, subsection 2, paragraph d,
21subparagraph (5), Code 2023, is amended to read as follows:
22(5) A licensed health care facility which is furnished
23the drug or device by a pharmacy for storage in secured
24emergency pharmaceutical supplies containers maintained within
25the facility in accordance with rules of the department of
26inspections, and appeals, and licensing and rules of the board.
27 Sec. 1951. Section 169.14, subsection 1, Code 2023, is
28amended to read as follows:
291. The board, upon its own motion or upon a verified
30complaint in writing, may request the department of
31inspections, and appeals, and licensing to conduct an
32investigation of the charges contained in the complaint. The
33department of inspections, and appeals, and licensing shall
34report its findings to the board, and the board may issue an
35order fixing the time and place for hearing if a hearing is
-1147-1deemed warranted. A written notice of the time and place of
2the hearing, together with a statement of the charges, shall
3be served upon the licensee at least ten days before the
4hearing in the manner required for the service of notice of the
5commencement of an ordinary action.
6 Sec. 1952. Section 190B.102, subsection 3, Code 2023, is
7amended to read as follows:
83. The department of agriculture and land stewardship, the
9department of public health, the department of human services,
10and the department of inspections, and appeals, and licensing
11 shall cooperate with the department of revenue to administer
12this subchapter.
13 Sec. 1953. Section 204.7, subsection 8, paragraph a,
14subparagraph (3), Code 2023, is amended to read as follows:
15(3) The consumable hemp product complies with packaging
16and labeling requirements, which shall be established by the
17department of inspections, and appeals, and licensing by rule.
18 Sec. 1954. Section 204.7, subsection 8, paragraphs b and c,
19Code 2023, are amended to read as follows:
20b. A person manufacturing a consumable hemp product in this
21state shall register with the department of inspections, and
22 appeals, and licensing on a form prescribed by the department
23of inspections, and appeals, and licensing by rule. The
24department of inspections, and appeals, and licensing may
25impose a fee, established by the department of inspections, and
26 appeals, and licensing by rule, on a registrant not to exceed
27the cost of processing the registration. The department of
28inspections, and appeals, and licensing shall adopt rules for
29the revocation of a registration issued to a manufacturer who
30manufactures a consumable hemp product not in compliance with
31this chapter.
32c. A person selling a consumable hemp product in this
33state shall register with the department of inspections,
34 and appeals, and licensing on a form prescribed by the
35department of inspections, and appeals, and licensing by
-1148-1rule and shall keep on the premises of the person’s business
2a copy of the certificate of analysis issued pursuant to
3section 204.8 for the hemp contained in the consumable hemp
4products sold by the person. The department of inspections,
5 and appeals, and licensing may impose a fee, established by
6the department of inspections, and appeals, and licensing by
7rule, on a registrant not to exceed the cost of processing the
8registration. The department of inspections, and appeals,
9and licensing shall adopt rules for the revocation of a
10registration issued to a person who sells a consumable hemp
11product not in compliance with this section.
12 Sec. 1955. Section 217.34, Code 2023, is amended to read as
13follows:
14217.34 Debt setoff.
15The investigations division of the department of
16inspections, and appeals, and licensing and the department of
17human services shall provide assistance to set off against a
18person’s or provider’s income tax refund or rebate any debt
19which has accrued through written contract, nonpayment of
20premiums pursuant to section 249A.3, subsection 2, paragraph
21“a”, subparagraph (1), subrogation, departmental recoupment
22procedures, or court judgment and which is in the form of a
23liquidated sum due and owing the department of human services.
24The department of inspections, and appeals, and licensing,
25with approval of the department of human services, shall adopt
26rules under chapter 17A necessary to assist the department of
27administrative services in the implementation of the setoff
28under section 8A.504 in regard to money owed to the state for
29public assistance overpayments or nonpayment of premiums as
30specified in this section. The department of human services
31shall adopt rules under chapter 17A necessary to assist the
32department of administrative services in the implementation of
33the setoff under section 8A.504, in regard to collections by
34the child support recovery unit and the foster care recovery
35unit.
-1149-1 Sec. 1956. Section 217.35, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3Notwithstanding the requirement for deposit of recovered
4moneys under section 239B.14, recovered moneys generated
5through fraud and recoupment activities are appropriated to
6the department of human services to be used for additional
7fraud and recoupment activities performed by the department of
8human services or the department of inspections, and appeals,
9and licensing. The department of human services may use
10the recovered moneys appropriated to add not more than five
11full-time equivalent positions, in addition to those funded
12by annual appropriations. The appropriation of the recovered
13moneys is subject to both of the following conditions:
14 Sec. 1957. Section 225C.4, subsection 1, paragraphs t and u,
15Code 2023, are amended to read as follows:
16t. In cooperation with the department of inspections, and
17 appeals, and licensing, recommend minimum standards under
18section 227.4 for the care of and services to persons with
19mental illness or an intellectual disability residing in county
20care facilities. The administrator shall also cooperate with
21the department of inspections, and appeals, and licensing
22 in recommending minimum standards for care of and services
23provided to persons with mental illness or an intellectual
24disability living in a residential care facility regulated
25under chapter 135C.
26u. In cooperation with the Iowa department of public health,
27recommend minimum standards for the maintenance and operation
28of public or private facilities offering disability services,
29which are not subject to licensure by the department or the
30department of inspections, and appeals, and licensing.
31 Sec. 1958. Section 225C.6, subsection 1, paragraph e, Code
322023, is amended to read as follows:
33e. Unless another governmental body sets standards for a
34service available to persons with disabilities, adopt state
35standards for that service. The commission shall review the
-1150-1licensing standards used by the department of human services or
2department of inspections, and appeals, and licensing for those
3facilities providing disability services.
4 Sec. 1959. Section 225C.6, subsection 4, paragraph a, Code
52023, is amended to read as follows:
6a. The department shall coordinate with the department of
7inspections, and appeals, and licensing in the establishment
8of facility-based and community-based, subacute mental health
9services.
10 Sec. 1960. Section 225C.6C, subsections 1 and 3, Code 2023,
11are amended to read as follows:
121. The departments of inspections, and appeals, and
13licensing, human services, and public health shall comply with
14the requirements of this section in their efforts to improve
15the regulatory requirements applied to the mental health and
16disability regional service system administration and service
17providers.
183. The departments of human services and inspections and
19appeals shall jointly review the standards and inspection
20process applicable to residential care facilities.
21 Sec. 1961. Section 227.2, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23The director of inspections, and appeals, and licensing
24 shall make, or cause to be made, at least one licensure
25inspection each year of every county care facility. Either the
26administrator of the division or the director of the department
27of inspections, and appeals, and licensing, in cooperation
28with each other, upon receipt of a complaint or for good
29cause, may make, or cause to be made, a review of a county
30care facility or of any other private or county institution
31where persons with mental illness or an intellectual disability
32reside. A licensure inspection or a review shall be made by
33a competent and disinterested person who is acquainted with
34and interested in the care of persons with mental illness
35and persons with an intellectual disability. The objective
-1151-1of a licensure inspection or a review shall be an evaluation
2of the programming and treatment provided by the facility.
3After each licensure inspection of a county care facility,
4the person who made the inspection shall consult with the
5regional administrator for the county in which the facility
6is located on plans and practices that will improve the care
7given patients. The person shall also make recommendations
8to the administrator of the division and the director of
9public health for coordinating and improving the relationships
10between the administrators of county care facilities, the
11administrator of the division, the director of public health,
12the superintendents of state mental health institutes and
13resource centers, community mental health centers, mental
14health and disability services regions, and other cooperating
15agencies, to cause improved and more satisfactory care of
16patients. A written report of each licensure inspection of a
17county care facility under this section shall be filed by the
18person with the administrator of the division and the director
19of public health and shall include:
20 Sec. 1962. Section 227.2, subsection 3, Code 2023, is
21amended to read as follows:
223. The department of inspections, and appeals, and
23licensing shall inform the administrator of the division of an
24action by the department to suspend, revoke, or deny renewal of
25a license issued by the department of inspections, and appeals,
26and licensing to a county care facility, and the reasons for
27the action.
28 Sec. 1963. Section 227.4, Code 2023, is amended to read as
29follows:
30227.4 Standards for care of persons with mental illness or an
31intellectual disability in county care facilities.
32The administrator, in cooperation with the department of
33inspections, and appeals, and licensing, shall recommend
34and the mental health and disability services commission
35created in section 225C.5 shall adopt, or amend and adopt,
-1152-1standards for the care of and services to persons with mental
2illness or an intellectual disability residing in county care
3facilities. The standards shall be enforced by the department
4of inspections, and appeals, and licensing as a part of the
5licensure inspection conducted pursuant to chapter 135C. The
6objective of the standards is to ensure that persons with
7mental illness or an intellectual disability who are residents
8of county care facilities are not only adequately fed, clothed,
9and housed, but are also offered reasonable opportunities for
10productive work and recreational activities suited to their
11physical and mental abilities and offering both a constructive
12outlet for their energies and, if possible, therapeutic
13benefit. When recommending standards under this section,
14the administrator shall designate an advisory committee
15representing administrators of county care facilities, regional
16administrators, mental health and disability services region
17governing boards, and county care facility certified volunteer
18long-term care ombudsmen to assist in the establishment of
19standards.
20 Sec. 1964. Section 231.42, subsections 4 and 10, Code 2023,
21are amended to read as follows:
224. Referrals of abuse, neglect, or exploitation.
23a. If abuse, neglect, or exploitation of a resident or
24tenant is suspected, the state or a local long-term care
25ombudsman shall, with the permission of the resident or tenant
26as applicable under federal law, make an immediate referral to
27the department of inspections, and appeals, and licensing, the
28department of human services, the department on aging, or the
29appropriate law enforcement agency, as applicable.
30b. If the department of inspections, and appeals, and
31licensing responds to a complaint referred by the state or
32a local long-term care ombudsman against a long-term care
33facility, assisted living program, elder group home, or an
34employee of such entity, copies of related inspection reports,
35plans of correction, and notice of any citations and sanctions
-1153-1levied against the facility, program, or home shall be
2forwarded to the office of long-term care ombudsman.
310. Change in operations. A long-term care facility,
4assisted living program, or elder group home shall inform the
5office of long-term care ombudsman in writing at least thirty
6days prior to any change in operations, programs, services,
7licensure, or certification that affects residents or tenants,
8including but not limited to the intention to close, decertify,
9or change ownership. In an emergency situation, or when a
10long-term care facility, assisted living program, or elder
11group home is evacuated, the department of inspections, and
12 appeals, and licensing shall notify the office of long-term
13care ombudsman.
14 Sec. 1965. Section 231.58, Code 2023, is amended to read as
15follows:
16231.58 Long-term living coordination.
17The director may convene meetings, as necessary, of the
18director and the directors of human services, public health,
19and inspections, and appeals, and licensing, to assist in
20the coordination of policy, service delivery, and long-range
21planning relating to the long-term living system and older
22Iowans in the state. The group may consult with individuals,
23institutions and entities with expertise in the area of the
24long-term living system and older Iowans, as necessary, to
25facilitate the group’s efforts.
26 Sec. 1966. Section 231B.1, subsection 1, Code 2023, is
27amended to read as follows:
281. “Department” means the department of inspections, and
29 appeals, and licensing or the department’s designee.
30 Sec. 1967. Section 231C.2, subsection 4, Code 2023, is
31amended to read as follows:
324. “Department” means the department of inspections, and
33 appeals, and licensing or the department’s designee.
34 Sec. 1968. Section 231C.5A, Code 2023, is amended to read
35as follows:
-1154- 1231C.5A Assessment of tenants — program eligibility.
2An assisted living program receiving reimbursement through
3the medical assistance program under chapter 249A shall
4assist the department of veterans affairs in identifying, upon
5admission of a tenant, the tenant’s eligibility for benefits
6through the United States department of veterans affairs. The
7assisted living program shall also assist the commission of
8veterans affairs in determining such eligibility for tenants
9residing in the program on July 1, 2009. The department
10of inspections, and appeals, and licensing, in cooperation
11with the department of human services, shall adopt rules to
12administer this section, including a provision that ensures
13that if a tenant is eligible for benefits through the United
14States department of veterans affairs or other third-party
15payor, the payor of last resort for reimbursement to the
16assisted living program is the medical assistance program.
17The rules shall also require the assisted living program
18to request information from a tenant or tenant’s personal
19representative regarding the tenant’s veteran status and to
20report to the department of veterans affairs only the names of
21tenants identified as potential veterans along with the names
22of their spouses and any dependents. Information reported by
23the assisted living program shall be verified by the department
24of veterans affairs.
25 Sec. 1969. Section 231D.1, subsection 3, Code 2023, is
26amended to read as follows:
273. “Department” means the department of inspections, and
28 appeals, and licensing.
29 Sec. 1970. Section 232.142, subsection 5, Code 2023, is
30amended to read as follows:
315. The director, the director of the department of human
32rights, or a designee of the director of the department of
33human rights shall approve annually all such homes established
34and maintained under the provisions of this chapter. A home
35shall not be approved unless it complies with minimal rules and
-1155-1standards adopted by the director and has been inspected by the
2department of inspections, and appeals, and licensing. The
3statewide number of beds in the homes approved by the director
4shall not exceed two hundred seventy-two beds beginning July 1,
52017. This subsection is repealed July 1, 2023.
6 Sec. 1971. Section 234.12, subsection 3, Code 2023, is
7amended to read as follows:
83. Upon request by the department of human services, the
9department of inspections, and appeals, and licensing shall
10conduct investigations into possible fraudulent practices,
11as described in section 234.13, relating to food programs
12administered by the department of human services.
13 Sec. 1972. Section 235.5, Code 2023, is amended to read as
14follows:
15235.5 Inspections.
16The department of inspections, and appeals, and licensing
17 shall conduct inspections of private institutions for the care
18of dependent, neglected, and delinquent children in accordance
19with procedures established pursuant to chapters 10A and 17A.
20 Sec. 1973. Section 235A.15, subsection 2, paragraph e,
21subparagraph (17), Code 2023, is amended to read as follows:
22(17) To the department of inspections, and appeals, and
23licensing for purposes of record checks of applicants for
24employment with the department of inspections, and appeals, and
25licensing.
26 Sec. 1974. Section 235A.16, subsection 2, paragraph b, Code
272023, is amended to read as follows:
28b. The department of inspections, and appeals, and licensing
29 may provide access to the single contact repository established
30under section 135C.33, subsection 7, for criminal and abuse
31history checks made by those employers, agencies, and other
32persons that are authorized access to child abuse information
33under section 235A.15 and are required by law to perform such
34checks.
35 Sec. 1975. Section 235B.1, subsection 4, paragraph a,
-1156-1subparagraph (1), Code 2023, is amended to read as follows:
2(1) Advise the director of human services, the director
3of the department on aging, the director of inspections, and
4 appeals, and licensing, the director of public health, the
5director of the department of corrections, and the director of
6human rights regarding dependent adult abuse.
7 Sec. 1976. Section 235B.1, subsection 4, paragraph b,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) The advisory council shall consist of twelve members.
10Eight members shall be appointed by and serve at the pleasure
11of the governor. Four of the members appointed shall be
12appointed on the basis of knowledge and skill related to
13expertise in the area of dependent adult abuse including
14professionals practicing in the disciplines of medicine, public
15health, mental health, long-term care, social work, law,
16and law enforcement. Two of the members appointed shall be
17members of the general public with an interest in the area of
18dependent adult abuse and two of the members appointed shall
19be members of the Iowa caregivers association. In addition,
20the membership of the council shall include the director or the
21director’s designee of the department of human services, the
22department on aging, the Iowa department of public health, and
23the department of inspections, and appeals, and licensing.
24 Sec. 1977. Section 235B.3, subsection 1, paragraph a,
25subparagraphs (2), (3), and (4), Code 2023, are amended to read
26as follows:
27(2) However, the department of inspections, and appeals,
28and licensing is solely responsible for the evaluation and
29disposition of dependent adult abuse cases within facilities
30and programs pursuant to chapter 235E and shall inform
31the department of human services of such evaluations and
32dispositions pursuant to section 235E.2.
33(3) If, in the course of an assessment or evaluation of
34a report of dependent adult abuse, the department of human
35services or the department of inspections, and appeals, and
-1157-1licensing determines the case involves wages, workplace safety,
2or other labor and employment matters under the jurisdiction
3of the department of inspections, appeals, and licensing or
4the division of labor services of the department of workforce
5development inspections, appeals, and licensing, the relevant
6portions of the case shall be referred to the department
7of inspections, appeals, and licensing or the division, as
8applicable.
9(4) If, in the course of an assessment or evaluation of
10a report of dependent adult abuse, the department of human
11services or the department of inspections, and appeals, and
12licensing determines that the case involves discrimination
13under the jurisdiction of the civil rights commission,
14the relevant portions of the case shall be referred to the
15commission.
16 Sec. 1978. Section 235B.3, subsection 10, paragraph a, Code
172023, is amended to read as follows:
18a. If, upon completion of the evaluation or upon referral
19from the department of inspections, and appeals, and
20licensing, the department determines that the best interests
21of the dependent adult require court action, the department
22shall initiate action for the appointment of a guardian or
23conservator or for admission or commitment to an appropriate
24institution or facility pursuant to the applicable procedures
25under chapter 125, 222, 229, or 633, or shall pursue other
26remedies provided by law. The appropriate county attorney
27shall assist the department in the preparation of the necessary
28papers to initiate the action and shall appear and represent
29the department at all district court proceedings.
30 Sec. 1979. Section 235B.3, subsection 14, Code 2023, is
31amended to read as follows:
3214. The department of inspections, and appeals, and
33licensing shall adopt rules which require facilities or
34programs to separate an alleged dependent adult abuser from a
35victim following an allegation of perpetration of abuse and
-1158-1prior to the completion of an investigation of the allegation.
2 Sec. 1980. Section 235B.5, subsection 5, Code 2023, is
3amended to read as follows:
45. An oral report of suspected dependent adult abuse
5initially made to the central registry regarding a facility or
6program as defined in section 235E.1 shall be transmitted by
7the department to the department of inspections, and appeals,
8and licensing on the first working day following the submitting
9of the report.
10 Sec. 1981. Section 235B.6, subsection 2, paragraph e,
11subparagraph (9), Code 2023, is amended to read as follows:
12(9) The department of inspections, and appeals, and
13licensing for purposes of record checks of applicants for
14employment with the department of inspections, and appeals, and
15licensing.
16 Sec. 1982. Section 235B.7, subsection 2, paragraph b, Code
172023, is amended to read as follows:
18b. The department of inspections, and appeals, and licensing
19 may provide access to the single contact repository established
20under section 135C.33, subsection 7, for criminal and abuse
21history checks made by those employers, agencies, and other
22persons that are authorized access to dependent adult abuse
23information under section 235B.6 and are required by law to
24perform such checks.
25 Sec. 1983. Section 235B.16, subsections 2 and 4, Code 2023,
26are amended to read as follows:
272. The department, in cooperation with the department
28on aging and the department of inspections, and appeals, and
29licensing, shall institute a program of education and training
30for persons, including members of provider groups and family
31members, who may come in contact with dependent adult abuse.
32The program shall include but is not limited to instruction
33regarding recognition of dependent adult abuse and the
34procedure for the reporting of suspected abuse.
354. The department of inspections, and appeals, and
-1159-1licensing shall provide training to investigators regarding
2the collection and preservation of evidence in the case of
3suspected dependent adult abuse.
4 Sec. 1984. Section 235B.16A, subsection 4, Code 2023, is
5amended to read as follows:
64. The department of human services shall cooperate with
7the department on aging, the departments of inspections, and
8 appeals, and licensing, public health, public safety, and
9workforce development, the civil rights commission, and other
10state and local agencies performing inspections or otherwise
11visiting residential settings where dependent adults live,
12to regularly provide training to the appropriate staff in
13the agencies concerning each agency’s procedures involving
14dependent adults, and to build awareness concerning dependent
15adults and reporting of dependent adult abuse.
16 Sec. 1985. Section 235E.1, subsection 3, Code 2023, is
17amended to read as follows:
183. “Department” means the department of inspections, and
19 appeals, and licensing.
20 Sec. 1986. Section 235E.2, subsection 5, Code 2023, is
21amended to read as follows:
225. Any other person who believes that a dependent adult
23has suffered dependent adult abuse may report the suspected
24dependent adult abuse to the department of inspections, and
25 appeals, and licensing. The department of inspections, and
26 appeals, and licensing shall transfer any reports received
27of dependent adult abuse in the community to the department
28of human services. The department of human services shall
29transfer any reports received of dependent adult abuse in
30facilities or programs to the department of inspections, and
31 appeals, and licensing.
32 Sec. 1987. Section 235F.6, subsection 4, Code 2023, is
33amended to read as follows:
344. The court may approve a consent agreement between the
35parties entered into to bring about the cessation of elder
-1160-1abuse. A consent agreement approved under this section shall
2not contain any of the following:
3a. A provision that prohibits any party to the action
4from contacting or cooperating with any government agency
5including the department of human services, the department of
6inspections, and appeals, and licensing, the department on
7aging, the department of justice, law enforcement, and the
8office of long-term care ombudsman; a licensing or regulatory
9agency that has jurisdiction over any license or certification
10held by the defendant; a protection and advocacy agency
11recognized in section 135C.2; or the defendant’s current
12employer if the defendant’s professional responsibilities
13include contact with vulnerable elders, dependent adults, or
14minors, if the party contacting or cooperating has a good-faith
15belief that the information is relevant to the duties or
16responsibilities of the entity.
17b. A provision that prohibits any party to the action
18from filing a complaint with or reporting a violation of law
19to any government agency including the department of human
20services, the department of inspections, and appeals, and
21licensing, the department on aging, the department of justice,
22law enforcement, and the office of long-term care ombudsman; a
23licensing or regulatory agency that has jurisdiction over any
24license or certification held by the defendant; a protection
25and advocacy agency recognized in section 135C.2; or the
26defendant’s current employer.
27c. A provision that requires any party to the action
28to withdraw a complaint filed with or a violation reported
29to any government agency including the department of human
30services, the department of inspections, and appeals, and
31licensing, the department on aging, the department of justice,
32law enforcement, and the office of long-term care ombudsman; a
33licensing or regulatory agency that has jurisdiction over any
34license or certification held by the defendant; a protection
35and advocacy agency recognized in section 135C.2; or the
-1161-1defendant’s current employer.
2 Sec. 1988. Section 237.7, Code 2023, is amended to read as
3follows:
4237.7 Reports and inspections.
5The administrator may require submission of reports by a
6licensee, and shall cause at least one annual unannounced
7inspection of each facility to assess the quality of the
8living situation and to determine compliance with applicable
9requirements and standards. The inspections shall be conducted
10by the department of inspections, and appeals, and licensing.
11The director of the department of inspections, and appeals, and
12licensing may examine records of a licensee, including but not
13limited to corporate records and board minutes, and may inquire
14into matters concerning a licensee and its employees relating
15to requirements and standards for child foster care under this
16chapter.
17 Sec. 1989. Section 237.16, Code 2023, is amended to read as
18follows:
19237.16 Child advocacy board.
201. The child advocacy board is created within the department
21of inspections, and appeals, and licensing. The state board
22consists of nine members appointed by the governor, subject
23to confirmation by the senate and directly responsible to
24the governor. One member shall be an active court appointed
25special advocate volunteer, one member shall be an active
26member of a local citizen foster care review board, and one
27member shall be a judicial branch employee or judicial officer
28appointed from nominees submitted by the judicial branch. The
29appointment is for a term of four years that begins and ends as
30provided in section 69.19. Vacancies on the state board shall
31be filled in the same manner as original appointments are made.
322. The members of the state board shall annually select a
33chairperson, vice chairperson, and other officers the members
34deem necessary. The members may be entitled to receive
35reimbursement for actual and necessary expenses incurred in
-1162-1the performance of their duties, subject to available funding.
2Each member of the board may also be eligible to receive
3compensation as provided in section 7E.6. The state board
4shall meet at least twice a year.
53. An employee of the department or of the department of
6inspections, and appeals, and licensing, an employee of a
7child-placing agency, an employee of an agency with which the
8department contracts for services for children under foster
9care, a foster parent providing foster care, or an employee of
10the district court is not eligible to serve on the state board.
11However, the judicial branch employee or judicial officer
12appointed from nominees submitted by the judicial branch in
13accordance with subsection 1 shall be eligible to serve on the
14state board.
154. The department and the department of inspections,
16 and appeals, and licensing shall jointly develop written
17protocols detailing the responsibilities of each department
18with regard to children under the purview of the state board.
19The protocols shall be reviewed by the departments on an annual
20basis.
21 Sec. 1990. Section 237.21, subsection 5, Code 2023, is
22amended to read as follows:
235. Members of the state board and local boards, court
24appointed special advocates, and the employees of the
25department and the department of inspections, and appeals,
26and licensing are subject to standards of confidentiality
27pursuant to sections 217.30, 228.6, subsection 1, sections
28235A.15, 600.16, and 600.16A. Members of the state and local
29boards, court appointed special advocates, and employees of the
30department and the department of inspections, and appeals, and
31licensing who disclose information or records of the board or
32department, other than as provided in subsections 2, 3, and 4,
33 section 232.126, and section 237.20, subsection 2, are guilty
34of a simple misdemeanor.
35 Sec. 1991. Section 237A.1, subsection 3, paragraph d, Code
-1163-12023, is amended to read as follows:
2d. A child care center for sick children operated as part
3of a pediatrics unit in a hospital licensed by the department
4of inspections, and appeals, and licensing pursuant to chapter
5135B.
6 Sec. 1992. Section 237A.8, Code 2023, is amended to read as
7follows:
8237A.8 Violations — actions against license or registration.
9The administrator, after notice and opportunity for an
10evidentiary hearing before the department of inspections, and
11 appeals, and licensing, may suspend or revoke a license or
12certificate of registration issued under this chapter or may
13reduce a license to a provisional license if the person to whom
14a license or certificate is issued violates a provision of this
15chapter or if the person makes false reports regarding the
16operation of the child care facility to the administrator or a
17designee of the administrator. The administrator shall notify
18the parent, guardian, or legal custodian of each child for whom
19the person provides child care at the time of action to suspend
20or revoke a license or certificate of registration.
21 Sec. 1993. Section 237A.29, subsection 2, paragraph b,
22unnumbered paragraph 1, Code 2023, is amended to read as
23follows:
24A child care provider that has been found by the department
25of inspections, and appeals, and licensing in an administrative
26proceeding or in a judicial proceeding to have obtained, or has
27agreed to entry of a civil judgment or judgment by confession
28that includes a conclusion of law that the child care provider
29has obtained, by fraudulent means, public funding for provision
30of child care in an amount equal to or in excess of the minimum
31amount for a fraudulent practice in the second degree under
32section 714.10, subsection 1, paragraph “a”, shall be subject
33to sanction in accordance with this subsection. Such child
34care provider shall be subject to a period during which receipt
35of public funding for provision of child care is conditioned
-1164-1upon no further violations and to one or more of the following
2sanctions as determined by the department of human services:
3 Sec. 1994. Section 237C.3, subsection 1, Code 2023, is
4amended to read as follows:
51. The department of human services shall consult with
6the department of education, the department of inspections,
7 and appeals, and licensing, the department of public health,
8the state fire marshal, and other agencies as determined by
9the department of human services to establish certification
10standards for children’s residential facilities in accordance
11with this chapter.
12 Sec. 1995. Section 237C.8, Code 2023, is amended to read as
13follows:
14237C.8 Reports and inspections.
15The administrator may require submission of reports by a
16certificate of approval holder and shall cause at least one
17annual unannounced inspection of a children’s residential
18facility to assess compliance with applicable requirements
19and standards. The inspections shall be conducted by the
20department of inspections, and appeals, and licensing in
21addition to initial, renewal, and other inspections that result
22from complaints or self-reported incidents. The department of
23inspections, and appeals, and licensing and the department of
24human services may examine records of a children’s residential
25facility and may inquire into matters concerning the children’s
26residential facility and its employees, volunteers, and
27subcontractors relating to requirements and standards for
28children’s residential facilities under this chapter.
29 Sec. 1996. Section 238.19, Code 2023, is amended to read as
30follows:
31238.19 Inspection generally.
32Authorized employees of the department of inspections, and
33 appeals, and licensing may inspect the premises and conditions
34of the agency at any time and examine every part of the agency;
35and may inquire into all matters concerning the agency and the
-1165-1children in the care of the agency.
2 Sec. 1997. Section 238.20, Code 2023, is amended to read as
3follows:
4238.20 Minimum inspection — record.
5Authorized employees of the department of inspections, and
6 appeals, and licensing shall visit and inspect the premises
7of licensed child-placing agencies at least once every twelve
8months and make and preserve written reports of the conditions
9found.
10 Sec. 1998. Section 239B.16, Code 2023, is amended to read
11as follows:
12239B.16 Appeal — judicial review.
13If an applicant’s application is not acted upon within a
14reasonable time, if it is denied in whole or in part, or if a
15participant’s assistance or other benefits under this chapter
16are modified, suspended, or canceled under a provision of
17this chapter, the applicant or participant may appeal to the
18department of human services which shall request the department
19of inspections, and appeals, and licensing to conduct a
20hearing. Upon completion of a hearing, the department of
21inspections, and appeals, and licensing shall issue a decision
22which is subject to review by the department of human services.
23Judicial review of the actions of the department of human
24services may be sought in accordance with chapter 17A. Upon
25receipt of a notice of the filing of a petition for judicial
26review, the department of human services shall furnish the
27petitioner with a copy of any papers filed in support of the
28petitioner’s position, a transcript of any testimony taken, and
29a copy of the department’s decision.
30 Sec. 1999. Section 249.5, Code 2023, is amended to read as
31follows:
32249.5 Judicial review.
33If an application is not acted upon within a reasonable
34time, if it is denied in whole or in part, or if an award
35of assistance is modified, suspended, or canceled under a
-1166-1provision of this chapter, the applicant or recipient may
2appeal to the department of human services, which shall request
3the department of inspections, and appeals, and licensing
4 to conduct a hearing. Upon completion of a hearing, the
5department of inspections, and appeals, and licensing shall
6issue a decision which is subject to review by the department
7of human services. Judicial review of the actions of the
8department of human services may be sought in accordance with
9chapter 17A. Upon receipt of the petition for judicial review,
10the department of human services shall furnish the petitioner
11with a copy of any papers filed by the petitioner in support of
12the petitioner’s position, a transcript of any testimony taken,
13and a copy of the department’s decision.
14 Sec. 2000. Section 249.11, subsection 2, Code 2023, is
15amended to read as follows:
162. The department of inspections, and appeals, and
17licensing shall conduct investigations and audits as deemed
18necessary to ensure compliance with state supplementary
19assistance programs administered under this chapter. The
20department of inspections, and appeals, and licensing shall
21cooperate with the department of human services on the
22development of procedures relating to such investigations and
23audits to ensure compliance with federal and state single state
24agency requirements.
25 Sec. 2001. Section 249A.4, subsection 11, Code 2023, is
26amended to read as follows:
2711. Shall provide an opportunity for a fair hearing before
28the department of inspections, and appeals, and licensing
29 to an individual whose claim for medical assistance under
30this chapter is denied or is not acted upon with reasonable
31promptness. Upon completion of a hearing, the department of
32inspections, and appeals, and licensing shall issue a decision
33which is subject to review by the department of human services.
34Judicial review of the decisions of the department of human
35services may be sought in accordance with chapter 17A. If
-1167-1a petition for judicial review is filed, the department of
2human services shall furnish the petitioner with a copy of
3the application and all supporting papers, a transcript of
4the testimony taken at the hearing, if any, and a copy of its
5decision.
6 Sec. 2002. Section 249A.50, subsection 2, Code 2023, is
7amended to read as follows:
82. The department of inspections, and appeals, and
9licensing shall conduct investigations and audits as deemed
10necessary to ensure compliance with the medical assistance
11program administered under this chapter. The department
12of inspections, and appeals, and licensing shall cooperate
13with the department of human services on the development of
14procedures relating to such investigations and audits to
15ensure compliance with federal and state single state agency
16requirements.
17 Sec. 2003. Section 249A.50, subsection 3, paragraph a, Code
182023, is amended to read as follows:
19a. A Medicaid fraud fund is created in the state treasury
20under the authority of the department of inspections, and
21 appeals, and licensing. Moneys from penalties, investigative
22costs recouped by the Medicaid fraud control unit, and other
23amounts received as a result of prosecutions involving
24the department of inspections, and appeals, and licensing
25 investigations and audits to ensure compliance with the medical
26assistance program that are not credited to the program shall
27be credited to the fund.
28 Sec. 2004. Section 321.11, subsections 3 and 4, Code 2023,
29are amended to read as follows:
303. Notwithstanding other provisions of this section to the
31contrary, the department shall not release personal information
32to a person, other than to an officer or employee of a law
33enforcement agency, an employee of a federal or state agency
34or political subdivision in the performance of the employee’s
35official duties, a contract employee of the department of
-1168-1inspections, and appeals, and licensing in the conduct of an
2investigation, or a licensed private investigation agency
3or a licensed security service or a licensed employee of
4either, if the information is requested by the presentation
5of a registration plate number. In addition, an officer or
6employee of a law enforcement agency may release the name,
7address, and telephone number of a motor vehicle registrant to
8a person requesting the information by the presentation of a
9registration plate number if the officer or employee of the law
10enforcement agency believes that the release of the information
11is necessary in the performance of the officer’s or employee’s
12duties.
134. The department shall not release personal information
14that is in the form of a person’s photograph or digital
15image or a digital reproduction of a person’s photograph to a
16person other than an officer or employee of a law enforcement
17agency, an employee of a federal or state agency or political
18subdivision in the performance of the employee’s official
19duties, a contract employee of the department of inspections,
20 and appeals, and licensing in the conduct of an investigation,
21or a licensed private investigation agency or a licensed
22security service or a licensed employee of either, regardless
23of whether a person has provided express written consent to
24disclosure of the information. The department may collect
25reasonable fees for copies of records or other services
26provided pursuant to this section or section 22.3, 321.10, or
27622.46.
28 Sec. 2005. Section 321.19, subsection 1, paragraph c,
29subparagraph (3), Code 2023, is amended to read as follows:
30(3) Persons in the department of justice, the alcoholic
31beverages division of the department of commerce, disease
32investigators of the Iowa department of public health, the
33department of inspections, and appeals, and licensing, and the
34department of revenue, who are regularly assigned to conduct
35investigations which cannot reasonably be conducted with a
-1169-1vehicle displaying “official” state registration plates.
2 Sec. 2006. Section 321.211, subsection 1, Code 2023, is
3amended to read as follows:
41. Upon suspending the license of a person as authorized,
5the department shall immediately notify the licensee in writing
6and upon the licensee’s request shall afford the licensee an
7opportunity for a hearing before the department of inspections,
8 and appeals, and licensing as early as practical within
9thirty days after receipt of the request. The hearing shall
10be held by telephone conference unless the licensee and the
11department of inspections, and appeals, and licensing agree to
12hold the hearing in the county in which the licensee resides
13or in some other county. Upon the hearing the department of
14inspections, and appeals, and licensing may administer oaths
15and issue subpoenas for the attendance of witnesses and the
16production of relevant books and papers and may require a
17reexamination of the licensee. Upon the hearing and issuance
18of a recommendation by the department of inspections, and
19 appeals, and licensing, the state department of transportation
20shall either rescind its order of suspension or for good cause
21may extend the suspension of the license or revoke the license.
22This section does not preclude the director from attempting to
23effect an informal settlement under chapter 17A.
24 Sec. 2007. Section 322.9, subsection 1, Code 2023, is
25amended to read as follows:
261. The department may revoke or suspend the license of a
27retail motor vehicle dealer if, after notice and hearing by the
28department of inspections, and appeals, and licensing, it finds
29that the licensee has been guilty of an act which would be a
30ground for the denial of a license under section 322.6.
31 Sec. 2008. Section 322.9, subsection 2, unnumbered
32paragraph 1, Code 2023, is amended to read as follows:
33The department may revoke or suspend the license of a retail
34motor vehicle dealer if, after notice and hearing by the
35department of inspections, and appeals, and licensing, it finds
-1170-1that the licensee has been convicted or has forfeited bail on
2three charges of:
3 Sec. 2009. Section 322.24, subsection 1, Code 2023, is
4amended to read as follows:
51. The state department of transportation and the
6department of inspections, and appeals, and licensing may
7issue subpoenas to compel the attendance of witnesses and the
8production of documents, papers, books, records, and other
9evidence in any matter over which the respective department
10has jurisdiction, control, or supervision pertaining to this
11chapter.
12 Sec. 2010. Section 322A.3A, subsection 4, paragraph b, Code
132023, is amended to read as follows:
14b. After a hearing held as described in this subsection,
15the department of inspections, and appeals, and licensing
16 may affirm, deny, or modify the proposed alteration of a
17franchisee’s community, may enter any other orders necessary
18to ensure that an alteration of the franchisee’s community is
19reasonable in light of all the relevant circumstances, and
20may assess the costs of the hearing among the parties to the
21hearing as appropriate.
22 Sec. 2011. Section 322A.5, subsection 2, paragraph b,
23subparagraph (3), subparagraph division (b), Code 2023, is
24amended to read as follows:
25(b) Within thirty days of receiving the franchisee’s
26submission, the franchiser may choose to audit the submitted
27orders. The franchiser shall then approve or deny the
28establishment of the franchisee’s average percentage markup
29or labor rate. If the franchiser approves the establishment
30of the franchisee’s average percentage markup or labor rate,
31the markup or rate calculated under this subparagraph shall go
32into effect forty-five days after the date of the franchiser’s
33approval. If the franchiser denies the establishment of the
34franchisee’s average percentage markup or labor rate, the
35franchisee may file a complaint with the department and a
-1171-1hearing shall be held before the department of inspections,
2 and appeals, and licensing. The franchiser shall have the
3burden of proof to establish that the franchiser’s denial was
4reasonable. If the department of inspections, and appeals,
5and licensing finds the denial was not reasonable, the denial
6shall be deemed a violation of this chapter and the department
7of inspections, and appeals, and licensing shall determine
8the franchisee’s average percentage markup or labor rate for
9purposes of calculating a reasonable schedule of compensation.
10In making such a determination, the department of inspections,
11 and appeals, and licensing shall not consider retail service
12orders or portions of retail service orders attributable to
13routine maintenance such as tire service or oil service.
14 Sec. 2012. Section 322A.6, subsection 2, Code 2023, is
15amended to read as follows:
162. An applicant seeking permission to enter into a franchise
17for additional representation of the same line-make in a
18community shall deposit with the department at the time the
19application is filed, an amount of money to be determined by
20the department of inspections, and appeals, and licensing to
21pay the costs of the hearing.
22 Sec. 2013. Section 322A.7, subsection 1, Code 2023, is
23amended to read as follows:
241. Upon receiving an application, the department shall
25notify the department of inspections, and appeals, and
26licensing which shall enter an order fixing a time, which
27shall be within ninety days of the date of the order, and
28place of hearing, and shall send by certified or registered
29mail, with return receipt requested, a copy of the order
30to the franchisee whose franchise the franchiser seeks to
31terminate or not continue, or to the franchiser who is seeking
32to alter a franchisee’s community, as applicable. If the
33application requests permission to establish an additional
34motor vehicle dealership, a copy of the order shall be sent to
35all franchisees in the community who are then engaged in the
-1172-1business of offering to sell or selling the same line-make. If
2the application challenges the reasonableness of a proposed
3alteration to a franchisee’s community, a copy of the order
4shall be sent to all franchisees located in Iowa surrounding
5the affected community which are then engaged in the business
6of offering to sell or selling the same line-make. Copies of
7orders shall be addressed to the franchisee at the place where
8the business is conducted. The department of inspections, and
9 appeals, and licensing may also give notice of the franchiser’s
10application to any other parties deemed interested persons, the
11notice to be in the form and substance and given in the manner
12the department of inspections, and appeals, and licensing deems
13appropriate.
14 Sec. 2014. Section 322A.8, Code 2023, is amended to read as
15follows:
16322A.8 Continuation.
17If the department of inspections, and appeals, and licensing
18 finds it desirable it may upon request continue the date of
19hearing for a period of ninety days, and may upon application,
20but not ex parte, continue the date of hearing for an
21additional period of ninety days.
22 Sec. 2015. Section 322A.9, subsection 2, Code 2023, is
23amended to read as follows:
242. Nothing contained in this chapter shall be construed to
25require or authorize any investigation by the department of any
26matter before the department under this chapter. Upon hearing,
27the department of inspections, and appeals, and licensing shall
28hear the evidence introduced by the parties and shall make its
29decision solely upon the record so made.
30 Sec. 2016. Section 322A.10, Code 2023, is amended to read
31as follows:
32322A.10 Rules of evidence.
331. The rules of civil procedure relating to discovery and
34inspection shall apply to hearings held under the provisions of
35this chapter, and the department of inspections, and appeals,
-1173-1and licensing may issue orders to give effect to such rules.
22. In the event issues are raised which would involve
3violations of any state or federal antitrust or price-fixing
4law, all discovery and inspection proceedings which would be
5available under such issues in a state or federal court action
6shall be available to the parties to the hearing, and the
7department of inspections, and appeals, and licensing may issue
8orders to give effect to such proceedings.
93. Evidence which would be admissible under the issues in a
10state or federal court action is admissible in a hearing held
11by the department of inspections, and appeals, and licensing.
12The department of inspections, and appeals, and licensing shall
13apportion all costs between the parties.
14 Sec. 2017. Section 322A.13, Code 2023, is amended to read
15as follows:
16322A.13 Compulsory attendance at hearings.
17The department of inspections, and appeals, and licensing
18 may issue subpoenas, administer oaths, compel the attendance of
19witnesses and production of books, papers, documents, and all
20other evidence. The department of inspections, and appeals,
21and licensing may apply to the district court of the county
22wherein the hearing is being held for a court order enforcing
23this section.
24 Sec. 2018. Section 322A.15, subsection 1, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26In determining whether good cause has been established for
27terminating or not continuing a franchise, the department
28of inspections, and appeals, and licensing shall take into
29consideration the existing circumstances, including, but not
30limited to:
31 Sec. 2019. Section 322A.15, subsection 1, paragraphs g and
32h, Code 2023, are amended to read as follows:
33g. Except as provided in section 322A.11, failure by the
34franchisee to substantially comply with those requirements
35of the franchise which are determined by the department of
-1174-1inspections, and appeals, and licensing to be reasonable and
2material.
3h. Except as provided in section 322A.11, bad faith by the
4franchisee in complying with those terms of the franchise which
5are determined by the department of inspections, and appeals,
6and licensing to be reasonable and material.
7 Sec. 2020. Section 322A.16, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9In determining whether good cause has been established for
10entering into an additional franchise for the same line-make,
11the department of inspections, and appeals, and licensing shall
12take into consideration the existing circumstances, including,
13but not limited to:
14 Sec. 2021. Section 322A.17, subsection 1, Code 2023, is
15amended to read as follows:
161. A decision of the department of inspections, and appeals,
17and licensing is subject to review by the state department of
18transportation, whose decision is final agency action for the
19purpose of judicial review.
20 Sec. 2022. Section 322C.6, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22A license issued under section 322C.4 or 322C.9 may be
23denied, revoked, or suspended, after opportunity for a
24hearing before the department of inspections, and appeals, and
25licensing in accordance with chapters 10A and 17A, if it is
26determined that the licensee or applicant has done any of the
27following:
28 Sec. 2023. Section 323.1, subsection 4, Code 2023, is
29amended to read as follows:
304. “Department” means the department of inspections, and
31 appeals, and licensing.
32 Sec. 2024. Section 324A.5, subsection 2, paragraph c, Code
332023, is amended to read as follows:
34c. The department of inspections, and appeals, and licensing
35 shall establish an appeal process pursuant to chapters 10A and
-1175-117A which allows those agencies or organizations determined
2to not be in compliance with this chapter an opportunity for
3a timely hearing before the department of inspections, and
4 appeals, and licensing. A decision by the department of
5inspections, and appeals, and licensing is subject to review by
6the state department of transportation. The state department
7of transportation’s decision is the final agency action.
8Judicial review of the action of the department may be sought
9in accordance with chapter 17A.
10 Sec. 2025. Section 327C.8, Code 2023, is amended to read as
11follows:
12327C.8 Objections — hearing.
13A person directly affected by the proposed discontinuance
14of an agency may file written objections with the department
15stating the grounds for the objections, within fifteen days
16from the time of the publication of the notice as provided in
17section 327C.7. Upon the filing of objections the department
18shall request the department of inspections, and appeals, and
19licensing to hold a hearing, which shall be held within sixty
20days from the filing of the objections. Written notice of the
21time and place of the hearing shall be mailed by the department
22of inspections, and appeals, and licensing to the railroad
23corporation and the person filing objections at least ten days
24prior to the date fixed for the hearing.
25 Sec. 2026. Section 327C.12, Code 2023, is amended to read
26as follows:
27327C.12 Aid from courts.
28The department or the department of inspections, and
29 appeals, and licensing may invoke the aid of any court of
30record in the state in requiring the attendance and testimony
31of witnesses and the production of books, papers, tariff
32schedules, agreements, and other documents. If a person
33refuses to obey a subpoena or other process, a court having
34jurisdiction of the inquiry shall issue an order requiring any
35of the officers, agents, or employees of a carrier or other
-1176-1person to appear before either department and produce all books
2and papers required by the order and testify in relation to any
3matter under investigation.
4 Sec. 2027. Section 327C.17, Code 2023, is amended to read
5as follows:
6327C.17 Penalty.
7If a railroad fails or refuses to comply with a rule or
8order made by the state department of transportation or the
9department of inspections, and appeals, and licensing within
10the time specified, the railroad is, for each day of such
11failure, subject to a schedule “two” penalty.
12 Sec. 2028. Section 327C.19, subsection 1, Code 2023, is
13amended to read as follows:
141. A decision of the department of inspections, and appeals,
15and licensing is subject to review by the state department of
16transportation.
17 Sec. 2029. Section 327C.20, Code 2023, is amended to read
18as follows:
19327C.20 Remitting penalty.
20If a common carrier fails in a judicial review proceeding
21to secure a vacation of the order objected to, it may apply to
22the court in which the review proceeding is finally adjudicated
23for an order remitting the penalty which has accrued during
24the review proceeding. Upon a satisfactory showing that the
25petition for judicial review was filed in good faith and not
26for the purpose of delay, and that there were reasonable
27grounds to believe that the order was unreasonable or unjust
28or that the power of the department of transportation or the
29department of inspections, and appeals, and licensing to make
30the order was doubtful, the court may remit the penalty that
31has accrued during the review proceeding.
32 Sec. 2030. Section 327C.25, Code 2023, is amended to read
33as follows:
34327C.25 Complaints.
35A person may file with the department a petition setting
-1177-1forth any particular in which a common carrier has violated the
2law to which it is subject and the amount of damages sustained
3by reason of the violation. The department shall furnish a
4copy of the complaint to the carrier against which a complaint
5is filed. The department shall request the department
6of inspections, and appeals, and licensing to schedule a
7hearing in which the carrier shall answer the petition or
8satisfy the demands of the complaint. If the carrier fails
9to satisfy the complaint within the time fixed or there
10appears to be reasonable grounds for investigating the matters
11set forth in the petition, the department of inspections,
12 and appeals, and licensing shall hear and determine the
13questions involved and make orders it finds proper. If the
14department of transportation has reason to believe that a
15carrier is violating any of the laws to which it is subject,
16the department may institute an investigation and request
17the department of inspections, and appeals, and licensing to
18conduct a hearing in relation to the matters as if a petition
19had been filed.
20 Sec. 2031. Section 327C.26, Code 2023, is amended to read
21as follows:
22327C.26 Reports.
23When a hearing has been held before the department of
24inspections, and appeals, and licensing after notice, it shall
25make a report in writing setting forth the findings of fact
26and its conclusions together with its recommendations as to
27what reparation, if any, the offending carrier shall make to a
28party who has suffered damage. The findings of fact are prima
29facie evidence in all further legal proceedings of every fact
30found. All reports of hearings and investigations made by the
31department of inspections, and appeals, and licensing shall be
32entered of record and a copy furnished to the carrier against
33which the complaint was filed, to the party complaining, and
34to any other person having a direct interest in the matter. A
35reasonable fee not to exceed the actual duplication costs may
-1178-1be charged for the copies.
2 Sec. 2032. Section 327C.28, Code 2023, is amended to read
3as follows:
4327C.28 Violation of order — petition — notice.
5If a person violates or fails to obey a lawful order
6or requirement of the department of transportation or the
7department of inspections, and appeals, and licensing, the
8department of transportation or the department of inspections,
9 and appeals, and licensing shall apply by petition in the
10name of the state against the person, to the district court,
11alleging the violation or failure to obey. The court shall
12hear and determine the matter set forth in the petition on
13reasonable notice to the person, to be fixed by the court and
14to be served in the same manner as an original notice for the
15commencement of action.
16 Sec. 2033. Section 327C.29, Code 2023, is amended to read
17as follows:
18327C.29 Interested party may begin proceedings.
19A person interested in enforcing an order or requirement
20of the department of transportation or the department of
21inspections, and appeals, and licensing, may file a petition
22against the violator, alleging the failure to comply with
23the order or requirement and asking for summary relief to
24the same extent and in the same manner as the department of
25transportation or the department of inspections, and appeals,
26and licensing may under section 327C.28, and the proceedings
27after the filing of the petition shall be the same as in
28section 327C.28.
29 Sec. 2034. Section 327D.4, Code 2023, is amended to read as
30follows:
31327D.4 Connections.
32If a railroad corporation in this state refuses to connect by
33proper switches or tracks with the tracks of another railroad
34corporation or refuses to receive, transport, load, discharge,
35reload, or return cars furnished by another connecting railroad
-1179-1corporation, a petition requesting resolution of the dispute
2may be filed with the department. The department shall notify
3the department of inspections, and appeals, and licensing
4 which shall hold a hearing on the dispute. Upon conclusion of
5the hearing, the department of inspections, and appeals, and
6licensing shall issue an order to resolve the dispute. The
7order may include the allocation of costs between the parties.
8The order is subject to review by the department which review
9shall be the final agency action.
10 Sec. 2035. Section 327D.53, Code 2023, is amended to read
11as follows:
12327D.53 Division of joint rates.
13Before the adoption of the rates, the department shall
14notify the railroad corporations interested in the schedule of
15joint rates fixed, and give them a reasonable time to agree
16upon a division of the charges provided. If the corporations
17fail to agree upon a division, and to notify the department
18of their agreement, the department shall, after a hearing
19conducted by the department of inspections, and appeals, and
20licensing, decide the rates, taking into consideration the
21value of terminal facilities and all the circumstances of
22the haul, and the division so determined by it is, in all
23controversies or actions between the railroad corporations
24interested, prima facie evidence of a just and reasonable
25division.
26 Sec. 2036. Section 327D.83, Code 2023, is amended to read
27as follows:
28327D.83 Rate hearing.
29If a schedule is filed with the department stating a rate,
30the department may, either upon complaint or upon its own
31motion, request the department of inspections, and appeals, and
32licensing to conduct a hearing concerning the propriety of the
33rate.
34 Sec. 2037. Section 327D.85, Code 2023, is amended to read
35as follows:
-1180- 1327D.85 Rate proposal — review.
2At the hearing the department of inspections, and appeals,
3and licensing shall propose the rates on the schedule, in whole
4or in part, or others in lieu thereof, which the department
5of inspections, and appeals, and licensing finds are just and
6reasonable rates. The action of the department of inspections,
7 and appeals, and licensing is subject to review by the state
8department of transportation. The decision of the state
9department of transportation is the final agency action.
10 Sec. 2038. Section 327D.89, Code 2023, is amended to read
11as follows:
12327D.89 Complaint of violation.
13When a person complains to the department that the rate
14charged or published by a railway corporation, or the maximum
15rate fixed by law, is unreasonably high or discriminating,
16the department may investigate the matter, and request the
17department of inspections, and appeals, and licensing to
18conduct a hearing. The department of inspections, and appeals,
19and licensing shall give the parties notice of the time and
20place of the hearing.
21 Sec. 2039. Section 327D.90, Code 2023, is amended to read
22as follows:
23327D.90 Hearing — evidence.
24At the time of the hearing the department of inspections, and
25 appeals, and licensing shall receive any evidence and listen
26to any arguments presented by either party relevant to the
27matter under investigation, and the burden of proof is not
28upon the person making the complaint. The complainant shall
29add to the showing made at the hearing whatever information
30the complainant then has, or can obtain from any source.
31The department of inspections, and appeals, and licensing
32 shall propose just and reasonable rates, which may be adopted
33in whole or in part or modified as the state department of
34transportation determines.
35 Sec. 2040. Section 327D.128, Code 2023, is amended to read
-1181-1as follows:
2327D.128 Weighing — disagreement.
3If a railroad corporation and the owner, consignor,
4or consignee of car lots of bulk commodities cannot reach
5agreement relative to the weighing of the commodities, appeal
6may be made to the state department of transportation. The
7state department of transportation, after a hearing by the
8department of inspections, and appeals, and licensing, shall
9issue an order equitable to all parties including but not
10limited to allocation of costs and specification of the place
11and manner of weighing.
12 Sec. 2041. Section 327G.12, Code 2023, is amended to read
13as follows:
14327G.12 Overhead, underground, or more than one crossing.
15The owner of land may serve upon the railroad corporation
16a request in writing for more than one private crossing, or
17for an overhead or underground crossing, accompanied by a plat
18of the owner’s land designating the location and character
19of crossing desired. If the railroad corporation refuses or
20neglects to comply within thirty days of a written request,
21the owner of the land may make written application to the
22department to determine the owner’s rights. The department
23of inspections, and appeals, and licensing, after notice to
24the railroad corporation, shall hear the application and all
25objections to the application, and make an order which is
26reasonable and just, and if it requires the railroad company to
27construct any crossing or roadway, fix the time for compliance
28with the order and apportion the costs as appropriate. The
29order of the department of inspections, and appeals, and
30licensing is subject to review by the state department of
31transportation. The decision of the state department of
32transportation is the final agency action.
33 Sec. 2042. Section 327G.16, Code 2023, is amended to read
34as follows:
35327G.16 Disagreement — application — notice.
-1182- 1If the persons specified in section 327G.15 cannot reach
2an agreement, either party may make written application to
3the department requesting resolution of the disagreement.
4The department shall request the department of inspections,
5 and appeals, and licensing to set a date for hearing. The
6department of inspections, and appeals, and licensing shall
7give ten days’ written notice of the hearing date.
8 Sec. 2043. Section 327G.17, Code 2023, is amended to read
9as follows:
10327G.17 Hearing — order.
111. The department of inspections, and appeals, and
12licensing shall hear the evidence of each party to the
13controversy and shall make an order, which may include,
14pursuant to chapters 6A and 6B, authority to condemn, resolving
15the controversy. The order shall include the portion of the
16expense to be paid by each party to the controversy. In
17determining what portion of the expense shall be paid by
18each party, the department of inspections, and appeals, and
19licensing may consider the ratio of the benefits accruing to
20the railroad or the governmental unit or both, to the general
21public use and benefit.
222. The order of the department of inspections, and appeals,
23and licensing is subject to review by the state department
24of transportation. The decision of the state department of
25transportation is the final agency action.
26 Sec. 2044. Section 327G.31, Code 2023, is amended to read
27as follows:
28327G.31 Disagreement resolved.
29If a railroad corporation and the jurisdiction having
30authority cannot reach agreement on grade crossing surface
31repair and maintenance, either party may appeal to the
32department of inspections, and appeals, and licensing if prior
33to disagreement both parties have filed a statement with the
34state department of transportation to the effect that they have
35entered into negotiations on grade crossing surface repair
-1183-1and maintenance of a particular crossing. The department of
2inspections, and appeals, and licensing shall resolve the
3dispute in the manner provided in sections 327G.16 and 327G.17,
4except for the allocation of costs.
5 Sec. 2045. Section 327G.32, subsections 3 and 4, Code 2023,
6are amended to read as follows:
73. Other portions of this section notwithstanding, a
8political subdivision may pass an ordinance regulating the
9length of time a specific crossing may be blocked if the
10political subdivision demonstrates that an ordinance is
11necessary for public safety or convenience. If an ordinance
12is passed, the political subdivision shall, within thirty days
13of the effective date of the ordinance, notify the department
14and the railroad corporation using the crossing affected by the
15ordinance. The ordinance does not become effective unless the
16department and the railroad corporation are notified within
17thirty days. The ordinance becomes effective thirty days
18after notification unless a person files an objection to the
19ordinance with the department. If an objection is filed the
20department shall notify the department of inspections, and
21 appeals, and licensing which shall hold a hearing. After
22a hearing by the department of inspections, and appeals,
23and licensing, the state department of transportation may
24disapprove the ordinance if public safety or convenience
25does not require the ordinance. The decision of the state
26department of transportation is final agency action. The
27ordinance approved by the political subdivision is prima facie
28evidence that the ordinance is adopted to preserve public
29safety or convenience.
304. The department of inspections, and appeals, and
31licensing when considering rebuttal evidence shall weigh the
32benefits accruing to the political subdivision as they affect
33the general public use compared to the burden placed on the
34railroad operation. Public safety or convenience may include,
35but is not limited to, high traffic density at a specific
-1184-1crossing of a main artery or interference with the flow of
2authorized emergency vehicles.
3 Sec. 2046. Section 327G.62, Code 2023, is amended to read
4as follows:
5327G.62 Controversies — hearing — order — review.
6When a disagreement arises between a railroad corporation,
7its grantee, or its successor in interest, and the owner,
8lessee, or licensee of a building or other improvement,
9including trackage, used for receiving, storing, transporting,
10or manufacturing an article of commerce transported or to
11be transported, situated on a present or former railroad
12right-of-way or on land owned or controlled by the railroad
13corporation, its grantee, or its successor in interest, as
14to the terms and conditions on which the article is to be
15continued or removed, the railway corporation, its grantee, or
16its successor in interest, or the owner, lessee, or licensee
17may make written application to the department. The department
18shall notify the department of inspections, and appeals, and
19licensing which shall hear and determine the controversy and
20make an order which is just and equitable between the parties.
21That order is subject to review by the state department of
22transportation. The decision of the state department of
23transportation is final agency action.
24 Sec. 2047. Section 327G.65, Code 2023, is amended to read
25as follows:
26327G.65 Cost of construction.
27The railroad corporation may require the person primarily to
28be served to pay the legitimate cost and expense of acquiring,
29by condemnation or purchase, the necessary right-of-way for the
30spur track and of constructing it, as determined in separate
31items by the department. Except as provided in section
32327G.66, the total cost as ascertained by the department
33shall be deposited with the railroad corporation before it is
34required to incur expense. If an agreement cannot be reached,
35the question shall be referred to the department which may,
-1185-1after a hearing conducted by the department of inspections, and
2 appeals, and licensing, issue an order.
3 Sec. 2048. Section 327G.78, subsection 1, Code 2023, is
4amended to read as follows:
51. Subject to section 6A.16 and 327G.77, when a railroad
6corporation, its trustee, or its successor in interest has
7interests in real property adjacent to a railroad right-of-way
8that are abandoned by order of the surface transportation
9board, reorganization court, bankruptcy court, or the
10department, or when a railroad corporation, its trustee, or
11its successor in interest seeks to sell its interests in
12that property under any other circumstance, the railroad
13corporation, its trustee, or its successor in interest shall
14extend a written offer to sell at a fair market value price to
15the persons holding leases, licenses, or permits upon those
16properties, allowing sixty days from the time of receipt for a
17written response. If a disagreement arises between the parties
18concerning the price or other terms of the sale transaction,
19either or both parties may make written application to the
20department to resolve the disagreement. The application shall
21be made within sixty days from the time an initial written
22response is served upon the railroad corporation, trustee,
23or successor in interest by the person wishing to purchase
24the property. The department shall notify the department of
25inspections, and appeals, and licensing which shall hear the
26controversy and make a final determination of the fair market
27value of the property and the other terms of the transaction
28which were in dispute, within ninety days after the application
29is filed. The determination is subject to review by the
30department and the department’s decision is the final agency
31action. All correspondence shall be by certified mail.
32 Sec. 2049. Section 327G.79, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. The department of inspections and appeals’, appeals, and
35licensing’s determination and order shall be just and equitable
-1186-1and, in the case of the determination of the fair market value
2of the property, shall be based in part upon at least three
3independent appraisals prepared by certified appraisers. Each
4party shall select one appraiser and each appraisal shall be
5paid for by the party for whom the appraisal is prepared.
6The two appraisers shall select a third appraiser and the
7costs of this appraisal shall be divided equally between the
8parties. If the appraisers selected by the parties cannot
9agree on selection of a third appraiser, the state department
10of transportation shall appoint a third appraiser and the costs
11of this appraisal shall be divided equally between the parties.
122. The department of inspections and appeals’, appeals, and
13licensing’s determination and order is final for the purpose
14of administrative review to the district court as provided in
15chapter 17A. The district court’s scope of review shall be
16confined to whether there is substantial evidence to support
17the department of inspections and appeals’, appeals, and
18licensing’s determination and order.
19 Sec. 2050. Section 331.324, subsection 1, paragraph e, Code
202023, is amended to read as follows:
21e. Cooperate with the workers’ compensation commissioner and
22comply with requirements imposed upon counties under chapters
2386 chapter 10A, subchapter III, and chapter 87.
24 Sec. 2051. Section 331.394, subsection 5, paragraph c, Code
252023, is amended to read as follows:
26c. The county or region that received the notification,
27as applicable, shall respond to the party that provided
28the notification within forty-five days of receiving the
29notification. If the parties cannot agree to a settlement as
30to the person’s residency status within ninety days of the
31date of notification, on motion of any of the parties, the
32matter shall be referred to the department of inspections,
33 and appeals, and licensing for a contested case hearing under
34chapter 17A before an administrative law judge assigned in
35accordance with section 10A.801 to determine the person’s
-1187-1residency status.
2 Sec. 2052. Section 331.394, subsection 5, paragraph d,
3subparagraph (1), Code 2023, is amended to read as follows:
4(1) The administrative law judge’s determination of the
5person’s residency status shall be considered final agency
6action, notwithstanding contrary provisions of section 17A.15.
7The party that does not prevail in the determination or
8subsequent judicial review is liable for costs associated with
9the proceeding, including reimbursement of the department of
10inspections and appeals’, appeals, and licensing’s actual costs
11associated with the administrative proceeding. Judicial review
12of the determination may be sought in accordance with section
1317A.19.
14 Sec. 2053. Section 331.394, subsection 6, paragraph c, Code
152023, is amended to read as follows:
16c. The department, county, or region that received the
17notification, as applicable, shall respond to the party
18that provided the notification within forty-five days of
19receiving the notification. If the parties cannot agree to a
20settlement as to the dispute within ninety days of the date of
21notification, on motion of any of the parties, the matter shall
22be referred to the department of inspections, and appeals, and
23licensing for a contested case hearing under chapter 17A before
24an administrative law judge assigned in accordance with section
2510A.801 to determine facts and issue a decision to resolve the
26dispute.
27 Sec. 2054. Section 331.394, subsection 6, paragraph d,
28subparagraph (1), Code 2023, is amended to read as follows:
29(1) The administrative law judge’s decision is a final
30agency action, notwithstanding contrary provisions of section
3117A.15. The party that does not prevail in the decision or
32subsequent judicial review is liable for costs associated with
33the proceeding, including reimbursement of the department of
34inspections and appeals’, appeals, and licensing’s actual
35costs associated with the administrative proceeding. Judicial
-1188-1review of the decision may be sought in accordance with section
217A.19.
3 Sec. 2055. Section 331.653, subsection 10, Code 2023, is
4amended to read as follows:
510. Cooperate with the division of labor services of the
6 department of workforce development inspections, appeals, and
7licensing in the enforcement of child labor laws as provided
8in section 92.22.
9 Sec. 2056. Section 331.756, subsections 16 and 55, Code
102023, are amended to read as follows:
1116. Institute legal proceedings against persons who
12violate laws administered by the division of labor services
13of the department of workforce development under chapter 10A,
14subchapter II, as provided in section 91.11 10A.210.
1555. Make a written report to the department of inspections,
16 and appeals, and licensing within fifteen days of the end of
17each calendar quarter of the amount of funds which were owed to
18the state for indigent defense services and which were recouped
19pursuant to subsection 5.
20 Sec. 2057. Section 423.3, subsection 18, paragraph a, Code
212023, is amended to read as follows:
22a. Residential care facilities and intermediate care
23facilities for persons with an intellectual disability and
24residential care facilities for persons with mental illness
25licensed by the department of inspections, and appeals, and
26licensing under chapter 135C.
27 Sec. 2058. Section 425.28, subsection 4, Code 2023, is
28amended to read as follows:
294. In addition to the sharing of information under
30subsection 3, the department of human services may release
31information pertaining to a person’s eligibility or claim
32for or receipt of rent reimbursement to an employee of the
33department of inspections, and appeals, and licensing in the
34employee’s official conduct of an audit or investigation.
35 Sec. 2059. Section 453A.2, subsection 6, Code 2023, is
-1189-1amended to read as follows:
26. If a county or a city has not assessed a penalty pursuant
3to section 453A.22, subsection 2, for a violation of subsection
41, within sixty days of the adjudication of the violation,
5the matter shall be transferred to and be the exclusive
6responsibility of the alcoholic beverages division of the
7department of commerce. Following transfer of the matter, if
8the violation is contested, the alcoholic beverages division
9of the department of commerce shall request an administrative
10hearing before an administrative law judge, assigned by the
11division of administrative hearings of the department of
12inspections, and appeals, and licensing in accordance with
13the provisions of section 10A.801, to adjudicate the matter
14pursuant to chapter 17A.
15 Sec. 2060. Section 455B.135, Code 2023, is amended to read
16as follows:
17455B.135 Limit on authority.
18Nothing contained in this subchapter II or chapter 459,
19subchapter II, shall be deemed to grant to the department or
20the director any authority or jurisdiction with respect to
21air pollution existing solely within residences; or solely
22within commercial and industrial plants, works, or shops under
23the jurisdiction of chapters chapter 10A, subchapter II, and
24chapter 88 and 91; or to affect the relations between employers
25and employees with respect to, or arising out of, any condition
26of air pollution.
27 Sec. 2061. Section 455B.145, subsection 2, paragraphs b and
28c, Code 2023, are amended to read as follows:
29b. The director shall promptly investigate the application
30and approve or disapprove the application. The director may
31conduct a public hearing before action is taken to approve or
32disapprove. If the director disapproves issuing a certificate,
33the political subdivision may appeal the action to the
34department of inspections, and appeals, and licensing. At the
35hearing on appeal, the department of inspections, and appeals,
-1190-1and licensing shall decide whether the local program is
2substantially consistent with the provisions of this subchapter
3II, or rules adopted under this subchapter II, and whether the
4local program is being enforced. The burden of proof shall be
5upon the political subdivision.
6c. If the director determines at any time that a local air
7pollution program is being conducted in a manner inconsistent
8with the substantive provisions of this subchapter II or the
9rules adopted under this subchapter II, the director shall
10notify the political subdivision, citing the deviations
11from the acceptable standards and the corrective measures
12to be completed within a reasonable amount of time. If the
13corrective measures are not implemented as prescribed, the
14director shall suspend in whole or in part the certificate of
15acceptance of such political subdivision and shall administer
16the regulatory provisions of this subchapter II in whole or in
17part within the political subdivision until the appropriate
18standards are met. Upon receipt of evidence that necessary
19corrective action has been taken, the director shall reinstate
20the suspended certificate of acceptance, and the political
21subdivision shall resume the administration of the local air
22pollution control program within its jurisdiction. In cases
23where the certificate of acceptance is suspended, the political
24subdivision may appeal the suspension to the department of
25inspections, and appeals, and licensing.
26 Sec. 2062. Section 455B.271, subsection 2, unnumbered
27paragraph 1, Code 2023, is amended to read as follows:
28Subject to appeal to the department of inspections, and
29 appeals, and licensing, a permit may be modified or canceled by
30the director if any of the following occur:
31 Sec. 2063. Section 455B.390, subsection 1, Code 2023, is
32amended to read as follows:
331. Hazardous conditions existing solely within and which
34will probably continue to exist solely within commercial and
35industrial plants, works, or shops under the jurisdiction of
-1191-1chapters chapter 10A, subchapter II, and chapter 88 and 91.
2 Sec. 2064. Section 515B.5, subsection 2, paragraph h, Code
32023, is amended to read as follows:
4h. Request that all future payments of workers’ compensation
5weekly benefits, medical expenses, or other payments under
6chapter 10A, subchapter III, chapter 85, 85A, 85B, 86, or 87
7be commuted to a present lump sum and upon the payment of
8which, either to the claimant or to a licensed insurer for
9purchase of an annuity or other periodic payment plan for the
10benefit of the claimant, the employer and the association shall
11be discharged from all further liability for the workers’
12compensation claim. Notwithstanding the provisions of
13section 85.45, any future payment of medical expenses, weekly
14compensation benefits, or other payment by the association
15under this chapter pursuant to chapter 10A, subchapter III,
16 chapter 85, 85A, 85B, 86, or 87, is deemed an undue expense,
17hardship, or inconvenience upon the employer for purposes of
18a full commutation pursuant to section 85.45, subsection 1,
19paragraph “b”, and the workers’ compensation commissioner shall
20fix the lump sum of the probable future medical expenses and
21weekly compensation benefits capitalized at their present value
22upon the basis of interest at the rate provided in section
23535.3 for court judgments and decrees.
24 Sec. 2065. Section 524.208, Code 2023, is amended to read
25as follows:
26524.208 Examiners and other employees.
27The superintendent may appoint examiners and other
28employees, including for the banking division’s internal
29information technology group, as the superintendent deems
30necessary to the proper discharge of the duties imposed upon
31the superintendent by the laws of this state. Pay plans shall
32be established for employees, other than clerical employees or
33employees of the professional licensing and regulation bureau
34of the banking division, who examine the accounts and affairs
35of state banks and who examine the accounts and affairs of
-1192-1other persons, subject to supervision and regulation by the
2superintendent, which are substantially equivalent to those
3paid by the federal deposit insurance corporation and other
4federal supervisory agencies in this area of the United States.
5 Sec. 2066. Section 524.211, subsection 5, Code 2023, is
6amended to read as follows:
75. An employee of the banking division, other than the
8superintendent or a member of the state banking council or one
9of the boards in the professional licensing and regulation
10bureau of the division, shall not perform any services for, and
11shall not be a shareholder, member, partner, owner, director,
12officer, or employee of, any enterprise, person, or affiliate
13subject to the regulatory purview of the banking division.
14 Sec. 2067. Section 542B.22, Code 2023, is amended to read
15as follows:
16542B.22 Procedure.
17Proceedings for any action under section 542B.21 shall be
18begun by filing with the board written charges against the
19accused. Upon the filing of charges the board may request
20the department of inspections, and appeals, and licensing to
21conduct an investigation into the charges. The department
22of inspections, and appeals, and licensing shall report its
23findings to the board, and the board shall designate a time
24and place for a hearing, and shall notify the accused of this
25action and furnish the accused a copy of all charges at least
26thirty days prior to the date of the hearing. The accused has
27the right to appear personally or by counsel, to cross-examine
28witnesses, and to produce witnesses in defense.
29 Sec. 2068. Section 543C.4, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. The commission may request the department of
32inspections, and appeals, and licensing to conduct an
33investigation and inspection to be made of any subdivided land
34proposed to be offered for sale or lease in this state pursuant
35to this chapter. The department of inspections, and appeals,
-1193-1and licensing shall make a report of its findings.
22. If an inspection is to be made of subdivided land
3situated outside of this state and offered for sale in this
4state, the inspection as authorized by subsection 1 shall
5be made by the department of inspections, and appeals,
6and licensing at the expense of the subdivider. After the
7application required by section 543C.2 is filed and after
8the filing fee required by section 543C.8 is received, the
9commission may decide whether an inspection pursuant to this
10subsection is to be made. If the commission requires an
11inspection, the department of inspections, and appeals, and
12licensing shall so notify the subdivider and the subdivider
13shall remit to the department an amount equivalent to the
14round trip cost of travel from this state to the location
15of the project, as estimated by the department and a further
16amount estimated to be necessary to cover the additional
17expenses of inspection but not to exceed fifty dollars a day
18for each day incurred in the inspection. The costs of any
19subsequent inspections deemed necessary shall be paid for by
20the subdivider. At the completion of an inspection trip the
21department shall furnish the subdivider a statement as to the
22costs of the inspection trip, and if the costs are less than
23the amount advanced by the subdivider to the department, the
24remaining balance shall be refunded to the subdivider.
25 Sec. 2069. Section 544B.16, Code 2023, is amended to read
26as follows:
27544B.16 Complaints — procedure.
28A person may file a complaint with the board against a
29professional landscape architect or the board may initiate
30a complaint. Unless the complaint is dismissed by the
31board as unfounded or trivial, the board may request the
32department of inspections, and appeals, and licensing to
33conduct an investigation into the complaint. The department
34of inspections, and appeals, and licensing shall report its
35findings to the board, and the board shall hold a hearing
-1194-1within sixty days after the date on which the complaint is
2filed. The board shall fix the time and place for such hearing
3and shall cause a copy of the complaint, together with a notice
4of the time and place fixed for the hearing, to be served on
5the accused at least thirty days before the date fixed for the
6hearing. Where personal service cannot be effected, service
7may be effected by publication. At such hearing, the accused
8shall have the right to appear personally or by counsel, to
9cross-examine witnesses against the accused, and to produce
10evidence and witnesses in defense. After the hearing, the
11board may suspend or revoke the certificate of licensure. The
12board may restore the certificate of licensure to any person
13whose certificate of licensure has been revoked. Application
14for the restoration of a certificate of licensure shall be made
15in such manner, form, and content as the board may prescribe.
16 Sec. 2070. Section 546.2, subsection 6, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18Each division is responsible for policymaking and
19enforcement duties assigned to the division under the law.
20Except as provided in section 546.10, subsection 3:
21 Sec. 2071. Section 546.3, subsection 1, Code 2023, is
22amended to read as follows:
231. The banking division shall regulate and supervise banks
24under chapter 524, debt management licensees under chapter
25533A, money services under chapter 533C, delayed deposit
26services under chapter 533D, mortgage bankers and brokers
27under chapter 535B, regulated loan companies under chapter
28536, and industrial loan companies under chapter 536A, real
29estate appraisers under chapter 543D, and appraisal management
30companies under chapter 543E, and shall perform other duties
31assigned to the division by law. The division is headed by the
32superintendent of banking who is appointed pursuant to section
33524.201. The state banking council shall render advice within
34the division when requested by the superintendent.
35 Sec. 2072. Section 600.2, subsection 2, Code 2023, is
-1195-1amended to read as follows:
22. “Investigator” means a natural person who is certified or
3approved by the department of human services, after inspection
4by the department of inspections, and appeals, and licensing,
5as being capable of conducting an investigation under section
6600.8.
7 Sec. 2073. Section 600A.2, subsection 5, Code 2023, is
8amended to read as follows:
95. “Certified adoption investigator” means a person who is
10certified and approved by the department of human services,
11after inspection by the department of inspections, and appeals,
12and licensing, as being capable of conducting an investigation
13under section 600.8.
14 Sec. 2074. Section 626.29, Code 2023, is amended to read as
15follows:
16626.29 Distress warrant by director of revenue, director of
17inspections, and appeals, and licensing, or director of workforce
18development.
19In the service of a distress warrant issued by the director
20of revenue for the collection of taxes administered by or debts
21to be collected by the department of revenue, in the service of
22a distress warrant issued by the director of inspections, and
23 appeals, and licensing for the collection of overpayment debts
24owed to the department of human services, or in the service of
25a distress warrant issued by the director of the department of
26workforce development for the collection of employment security
27contributions, the property of the taxpayer or the employer in
28the possession of another, or debts due the taxpayer or the
29employer, may be reached by garnishment.
30 Sec. 2075. Section 626.30, Code 2023, is amended to read as
31follows:
32626.30 Expiration or return of distress warrant.
33Proceedings by garnishment under a distress warrant issued
34by the director of revenue or the director of inspections, and
35 appeals, and licensing shall not be affected by the expiration
-1196-1or return of the warrant.
2 Sec. 2076. Section 626.31, Code 2023, is amended to read as
3follows:
4626.31 Return of garnishment — action docketed — distress
5action.
6Where parties have been garnished under a distress
7warrant issued by the director of revenue or the director of
8inspections, and appeals, and licensing, the officer shall make
9return thereof to the court in the county where the garnishee
10lives, if the garnishee lives in Iowa, otherwise in the county
11where the taxpayer resides, if the taxpayer lives in Iowa;
12and if neither the garnishee nor the taxpayer lives in Iowa,
13then to the district court in Polk county, Iowa; the officer
14shall make return in the same manner as a return is made on
15a garnishment made under a writ of execution so far as they
16relate to garnishments, and the clerk of the district court
17shall docket an action thereon without fee the same as if a
18judgment had been recovered against the taxpayer in the county
19where the return is made, an execution issued thereon, and
20garnishment made thereunder, and thereafter the proceedings
21shall conform to proceedings in garnishment under attachments
22as nearly as may be. The warrant shall be considered in all
23respects as a final judgment.
24 Sec. 2077. Section 626.76, Code 2023, is amended to read as
25follows:
26626.76 Labor commissioner Department of inspections, appeals,
27and licensing director to represent.
28The labor commissioner, appointed pursuant to section
2991.2 director of the department of inspections, appeals,
30and licensing, may, at the labor commissioner’s director’s
31 discretion, represent laborers or employees seeking payment for
32labor or wage claims from the receiver, trustee, or assignee,
33or the court, or the person charged with the property, in
34accordance with and subject to the provisions of sections
35626.69 and 626.71.
-1197-1 Sec. 2078. Section 724.21A, subsections 1 and 6, Code 2023,
2are amended to read as follows:
31. In any case where the sheriff or the commissioner of
4public safety denies an application for or suspends or revokes
5a permit to carry weapons or a permit to acquire pistols
6or revolvers, the sheriff or commissioner shall provide a
7written statement of the reasons for the denial, suspension, or
8revocation and the applicant or permit holder shall have the
9right to appeal the denial, suspension, or revocation to an
10administrative law judge in the department of inspections, and
11 appeals, and licensing within thirty days of receiving written
12notice of the denial, suspension, or revocation.
136. The department of inspections, and appeals, and
14licensing shall adopt rules pursuant to chapter 17A as
15necessary to carry out the provisions of this section.
16 Sec. 2079. Section 729.6, subsection 9, paragraph a, Code
172023, is amended to read as follows:
18a. Investigating a workers’ compensation claim under chapter
1910A, subchapter III, and chapters 85, 85A, and 85B, and 86.
20 Sec. 2080. Section 815.11, subsection 1, Code 2023, is
21amended to read as follows:
221. Costs incurred for legal representation by a
23court-appointed attorney under chapter 229A, 665, 822, or 908,
24or section 232.141, subsection 3, paragraph “d”, or section
25598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
26815.10 on behalf of an indigent shall be paid from moneys
27appropriated by the general assembly to the office of the state
28public defender in the department of inspections, and appeals,
29and licensing and deposited in an account to be known as the
30indigent defense fund, except as provided in subsection 2.
31Costs incurred representing an indigent defendant in a contempt
32action, representing an indigent juvenile in a juvenile court
33proceeding, or representing a person pursuant to section 13B.13
34are also payable from the fund. However, costs incurred in any
35administrative proceeding or in any other proceeding under this
-1198-1chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or
2other provisions of the Code or administrative rules are not
3payable from the fund.
4 Sec. 2081. Section 915.83, subsection 4, Code 2023, is
5amended to read as follows:
64. Request from the department of human services, the
7department of workforce development and its, the division
8of workers’ compensation of the department of inspections,
9appeals, and licensing, the department of public safety, the
10county sheriff departments, the municipal police departments,
11the county attorneys, or other public authorities or agencies
12reasonable assistance or data necessary to administer the crime
13victim compensation program.
14 Sec. 2082. 2020 Iowa Acts, chapter 1064, section 16,
15subsection 4, is amended to read as follows:
164. Priority. In the case of multiple claims to payments
17filed under this section, priority shall be given to claims
18filed by the child support recovery unit or the foster care
19recovery unit, next priority shall be given to claims filed
20by the clerk of the district court, next priority shall be
21given to claims filed by the investigations division of the
22 department of inspections, and appeals, and licensing relating
23to investigations by the department, next priority shall be
24given to claims that will be deposited into the state general
25fund, and last priority shall be given to claims filed by other
26public agencies. In the case of multiple claims in which the
27priority is not otherwise provided by this subsection, priority
28shall be determined in accordance with rules to be established
29by the department.
30 Sec. 2083. CODE EDITOR DIRECTIVE.
311. The Code editor is directed to make the following
32transfers:
33a. Section 92.1 to section 92.1A.
34b. Section 92.1B to section 92.1.
352. The Code editor shall correct internal references in the
-1199-1Code and in any enacted legislation as necessary due to the
2enactment of this section.
3 Sec. 2084. CONTINGENT EFFECTIVE DATE. The following takes
4effect on the effective date of the rules adopted by the
5department of revenue pursuant to chapter 17A implementing 2020
6Iowa Acts, chapter 1064, other than transitional rules:
7The section of this division of this Act amending 2020 Iowa
8Acts, chapter 1064.
9DIVISION IV
10DEPARTMENT OF JUSTICE
11 Sec. 2085. Section 6B.18, subsection 3, Code 2023, is
12amended to read as follows:
133. In case of condemnation proceedings instituted by the
14state department of transportation, when the owner appeals from
15the assessment made, such notice of appeal shall be served upon
16the attorney general, or the department general counsel to
17the state department of transportation, or the chief highway
18engineer for the department.
19 Sec. 2086. Section 8A.412, subsection 11, Code 2023, is
20amended to read as follows:
2111. Professional employees under the supervision of the
22attorney general, the state public defender, the secretary
23of state, the auditor of state, the treasurer of state, and
24the public employment relations board. However, employees of
25the consumer advocate division of the department of justice,
26other than the consumer advocate, and administrative law judges
27appointed or employed by the public employment relations board
28are subject to the merit system.
29 Sec. 2087. Section 13.2, subsection 1, paragraphs b and o,
30Code 2023, are amended to read as follows:
31b. Prosecute and defend in any other court or tribunal,
32all actions and proceedings, civil or criminal, in which the
33state may be a party or interested, when, in the attorney
34general’s judgment, the interest of the state requires such
35action, or when requested to do so by the governor, executive
-1200-1council, or general assembly. The attorney general may
2prosecute a criminal proceeding on behalf of the state even if
3a county attorney does not request the attorney general to act
4as a county attorney in a proceeding under section 331.754,
5subsection 7.
6o. Submit a report by January 15 of each year to the
7co-chairpersons and ranking members of the joint appropriations
8subcommittee on the justice system, to the executive council,
9and to the legislative services agency detailing the amount of
10annual money receipts generated by each settlement or judgment
11in excess of two hundred fifty thousand dollars collected
12pursuant to legal proceedings under chapters 455B, 553, and 714
13all money settlement awards and court money awards that were
14awarded to the state of Iowa. The report shall include the
15name of the civil or criminal case involved, the specify the
16parties to each settlement or court proceeding, any court of
17jurisdiction, the settlement amount, the state’s share of the
18settlement amount, the name of the fund in which the receipts
19were deposited, and the planned use of the moneys.
20 Sec. 2088. Section 13.4, Code 2023, is amended to read as
21follows:
2213.4 Assistant and deputy attorneys general.
23The attorney general may appoint a first assistant chief
24deputy attorney general and such other deputy and assistant
25attorneys general as may be authorized by law, who shall devote
26their entire time to the duties of their positions. The deputy
27and assistant attorneys general shall, subject to the direction
28of the attorney general, have the same power and authority as
29the attorney general.
30 Sec. 2089. Section 13.6, Code 2023, is amended by striking
31the section and inserting in lieu thereof the following:
3213.6 Agency reimbursement for legal services.
33The attorney general may charge departments, agencies, and
34other state governmental entities for the cost of performing
35legal services for the department, agency, or governmental
-1201-1entity. Upon request of the attorney general, a department
2or agency shall provide and equip a suitable office for an
3assistant attorney general or other staff providing legal
4services exclusively for that department or agency.
5 Sec. 2090. Section 13.7, subsection 1, Code 2023, is amended
6to read as follows:
71. Compensation shall not be allowed to any person for
8services as an attorney or counselor to an executive department
9of the state government, or the head of an executive department
10of state government, or to a state board or commission A
11department, agency, or other state governmental entity shall
12not contract for legal services to be provided by a private
13attorney unless authorized by the executive council under
14this section or section 13.3. However, the The executive
15council may authorize employment of legal assistance, at a
16reasonable compensation, in a pending action or proceeding to
17protect the interests of the state, but only upon a sufficient
18showing, in writing, made by the attorney general, that the
19department of justice cannot for reasons stated by the attorney
20general perform the service. The reasons and action of the
21executive council shall be entered upon its records. If the
22attorney general determines that the department of justice
23cannot perform legal service in an action or proceeding,
24the executive council shall request the department involved
25in the action or proceeding to recommend legal counsel to
26represent the department. If the attorney general concurs with
27the department that the person recommended is qualified and
28suitable to represent the department, the person recommended
29shall be employed. If the attorney general does not concur
30in the recommendation, the department shall submit a new
31recommendation. This subsection does not affect the general
32counsel for the utilities board of the department of commerce,
33the legal counsel of the department of workforce development,
34or the general counsel for the property assessment appeal
35board.
-1202-1 Sec. 2091. Section 13.9, Code 2023, is amended to read as
2follows:
313.9 Salary.
4The salary of the attorney general shall be as fixed by
5the general assembly, and the salaries of the first assistant
6 chief deputy attorney general and other deputy and assistant
7attorneys general shall be such as may be fixed by law.
8 Sec. 2092. Section 13.11, Code 2023, is amended by striking
9the section and inserting in lieu thereof the following:
1013.11 Exclusive criminal jurisdiction over election crimes.
11Notwithstanding any provision of law to the contrary, the
12attorney general shall have exclusive jurisdiction to prosecute
13all criminal proceedings under chapter 39A.
14 Sec. 2093. Section 20.4, subsection 9, Code 2023, is amended
15to read as follows:
169. Persons employed by the state department of justice,
17except nonsupervisory employees of the consumer advocate
18division who are employed primarily for the purpose of
19performing technical analysis of nonlegal issues.
20 Sec. 2094. Section 25.1, subsection 2, unnumbered paragraph
211, Code 2023, is amended to read as follows:
22The state appeal board shall make a record of the receipt
23of claims received from the director of the department of
24management, notify the special assistant attorney general for
25claims, and deliver a copy to the state official or agency
26against whom the claim is made, if any.
27 Sec. 2095. Section 25.1, subsection 2, paragraph a, Code
282023, is amended to read as follows:
29a. The official or agency shall report its recommendations
30concerning the claim to the special assistant attorney general
31for claims who, with a view to determining the merits and
32legality of the claim, shall investigate the claim and report
33the findings and conclusions of the investigation to the state
34appeal board.
35 Sec. 2096. Section 25.2, subsection 1, unnumbered paragraph
-1203-11, Code 2023, is amended to read as follows:
2The state appeal board with the recommendation of the
3special assistant attorney general for claims may approve
4or reject claims against the state of less than five years
5involving the following:
6 Sec. 2097. Section 25.3, Code 2023, is amended to read as
7follows:
825.3 Filing with general assembly — testimony.
9On the second day after the convening of each regular
10session of the general assembly, the state appeal board shall
11file with the clerk of the house of representatives and the
12secretary of the senate a list of all claims rejected by the
13state appeal board together with a copy of the report made
14to it by the special assistant attorney general for claims
15 and its recommendation thereon for each claim, which report
16and recommendation shall be delivered to the claims committee
17of the house and senate. Any testimony taken by the special
18assistant attorney general for claims shall be preserved by the
19state appeal board and made available to the claims committee
20of the general assembly.
21 Sec. 2098. Section 25.4, Code 2023, is amended to read as
22follows:
2325.4 Assistant attorney Attorney general — salary.
24The attorney general shall appoint a special assistant
25attorney general for claims who shall, under the direction of
26the attorney general, investigate and report on all claims
27between the state and other parties, which may be referred to
28the state appeal board, and on any other claims or matters
29which the state appeal board or the attorney general may
30direct.
31 Sec. 2099. Section 25.5, Code 2023, is amended to read as
32follows:
3325.5 Testimony — filing with board.
34The special assistant attorney general for claims shall
35fully investigate each claim and the facts upon which same
-1204-1is based and may take testimony in the form of affidavits or
2otherwise, and in connection therewith shall ex officio be
3empowered to administer oaths, to compel the attendance of
4witnesses and certify to any district court for contempt. All
5testimony, affidavits, and other papers in connection with
6a claim, obtained by the special assistant attorney general
7for claims in making an investigation shall be filed with the
8report to the state appeal board.
9 Sec. 2100. Section 25.6, Code 2023, is amended to read as
10follows:
1125.6 Claims by state against municipalities.
12The state appeal board may investigate and collect claims
13which the state has against municipal or political corporations
14in the state including counties, cities, townships, and school
15corporations. The board shall refer any such claim to the
16special assistant attorney general for claims, when the claim
17has not been promptly paid, and if the special assistant
18 attorney general for claims is not able to collect the full
19amount of the claim, the special assistant attorney general
20shall fully investigate and report to the state appeal board
21findings of fact and conclusions of law, together with any
22recommendation as to the claim. Thereafter the state appeal
23board may effect a compromise settlement with the debtor in an
24amount and under terms as the board deems just and equitable
25in view of the findings and conclusions reported to it. If
26the state appeal board is unable to collect a claim in full
27or effect what it has determined to be a fair compromise, it
28shall deliver the claim to the attorney general for action
29as the attorney general shall determine and the special
30assistant attorney general for claims is specifically charged
31with carrying out the directions of the attorney general with
32reference to the claim. When a claim is compromised by the
33state appeal board, the board shall file with the department
34of management and the department of administrative services a
35statement as to the settlement, together with a true copy of
-1205-1the agreement of settlement, and if in settlement an amount
2less than the face amount is accepted in full, the proper
3entries shall be made in the books of the department of
4management, the department of administrative services, and the
5auditor of state showing the amount of the claim, the amount of
6the settlement, and the amount charged off.
7 Sec. 2101. Section 39A.6, subsection 4, Code 2023, is
8amended to read as follows:
94. Upon issuing a technical infraction, the state
10commissioner shall immediately inform the attorney general and
11relevant county attorney if the apparent violation constitutes
12or may constitute election misconduct under this chapter.
13 Sec. 2102. Section 39A.7, Code 2023, is amended to read as
14follows:
1539A.7 Election misconduct — investigation.
161. The attorney general or county attorney shall
17investigate allegations of election misconduct reported to the
18attorney general or county attorney. Election misconduct by an
19election official shall also be investigated for prosecution
20under chapter 721.
212. Upon the completion of an investigation required by this
22section, the attorney general or county attorney shall submit
23the results of the investigation to the state commissioner and
24explain whether the attorney general or county attorney will
25pursue charges.
26 Sec. 2103. Section 48A.41, subsection 2, Code 2023, is
27amended to read as follows:
282. If in the course of an audit under this section the state
29registrar of voters finds that a commissioner of registration
30has failed to perform required voter list maintenance,
31the state registrar of voters shall submit the audit to
32the relevant county attorney and attorney general within
33twenty-four hours for investigation of a violation of section
3439A.3, subsection 1, paragraph “b”, subparagraph (9), or other
35provision of law.
-1206-1 Sec. 2104. Section 80.1, Code 2023, is amended to read as
2follows:
380.1 Department created.
4There is hereby created a department of the state government
5which shall be known and designated as the department of public
6safety, which shall consist of a commissioner of public safety
7and of such officers and employees as may be required, one of
8whom shall be an attorney admitted to practice law in this
9state. Such attorney shall be an assistant attorney general
10appointed by the attorney general who shall fix the assistant’s
11salary. The department shall reimburse the attorney general
12for the salary and expense of such assistant attorney general
13and furnish the assistant a suitable office if requested by the
14attorney general.
15 Sec. 2105. Section 307.23, Code 2023, is amended to read as
16follows:
17307.23 General Legal counsel.
181. The general counsel shall be a special assistant attorney
19general appointed by the attorney general who shall act as the
20attorney for the department. The general counsel shall have
21the following duties and responsibilities It shall be the duty
22of the attorney general to do all of the following:
23a. Act as legal advisor to the department, commission, and
24the director.
25b. Provide all legal services for the department.
262. The attorney general shall appoint additional assistant
27attorneys general as the director deems necessary to carry
28out the these duties assigned to the office of the general
29counsel. The salary of the general counsel shall be fixed by
30the director, subject to the approval of the attorney general.
31The director shall provide and furnish a suitable office for
32the general counsel upon request of the attorney general.
33 Sec. 2106. Section 327C.30, Code 2023, is amended to read
34as follows:
35327C.30 Duty of department, general counsel attorney general,
-1207-1 and county attorney.
2When any proceeding has been instituted under sections
3327C.28 and 327C.29, the department attorney general counsel
4 shall prosecute the same, and the county attorney of the
5county in which such proceeding is pending shall render such
6assistance as the department attorney general counsel may
7require.
8 Sec. 2107. Section 331.756, subsection 49, Code 2023, is
9amended to read as follows:
1049. Assist, upon request, the department of
11transportation’s attorney general counsel in the prosecution of
12violations of common carrier laws and regulations as provided
13in section 327C.30.
14 Sec. 2108. Section 475A.1, subsections 1 and 2, Code 2023,
15are amended to read as follows:
161. Appointment. The attorney general shall appoint a
17competent attorney to the office of consumer advocate, who
18shall serve at the pleasure of the attorney general, subject to
19confirmation by the senate, no less frequently than once every
20four years, in accordance with section 2.32. The consumer
21advocate is the chief administrator of the consumer advocate
22division of the department of justice. The advocate’s term of
23office is for four years. The term begins and ends in the same
24manner as set forth in section 69.19.
252. Vacancy. If a vacancy occurs in the office of consumer
26advocate, the vacancy shall be filled for the unexpired term in
27the same manner as an original appointment under the procedures
28of section 2.32.
29 Sec. 2109. Section 475A.1, subsection 5, Code 2023, is
30amended by striking the subsection.
31 Sec. 2110. Section 475A.2, subsections 2 and 5, Code 2023,
32are amended to read as follows:
332. Act as attorney for and represent Represent the interests
34of all consumers generally and the public generally in all
35proceedings before the utilities board.
-1208- 15. Act as attorney for and represent Represent the
2interests of all consumers generally and the public generally
3in proceedings before federal and state agencies and related
4judicial review proceedings and appeals, at the discretion of
5the consumer advocate.
6 Sec. 2111. Section 475A.3, subsection 2, Code 2023, is
7amended to read as follows:
82. Employees. The consumer advocate attorney general
9 may employ attorneys, legal assistants, secretaries, clerks,
10and other employees the consumer advocate finds necessary
11for the full and efficient discharge of the duties and
12responsibilities of the office consumer advocate division. The
13consumer advocate may employ consultants as expert witnesses
14or technical advisors pursuant to contract as the consumer
15advocate finds necessary for the full and efficient discharge
16of the duties of the office. Employees of the consumer
17advocate division, other than the consumer advocate, are
18subject to merit employment, except as provided in section
198A.412.
20 Sec. 2112. REPEAL. Section 13.5, Code 2023, is repealed.
21 Sec. 2113. EFFECTIVE DATE. This division of this Act, being
22deemed of immediate importance, takes effect upon enactment.
23DIVISION V
24ECONOMIC DEVELOPMENT AUTHORITY
25cultural affairs
26 Sec. 2114. Section 7E.5, subsection 1, paragraph g, Code
272023, is amended to read as follows:
28g. The economic development authority, created in section
2915.105, which has responsibility for ensuring that the
30economic development policies of the state are effectively and
31efficiently carried out, and for managing the state’s interest
32in the areas of the arts, history, and other cultural matters.
33 Sec. 2115. Section 7E.5, subsection 1, paragraph l, Code
342023, is amended by striking the paragraph.
35 Sec. 2116. Section 8A.412, subsection 14, Code 2023, is
-1209-1amended to read as follows:
214. Professional employees of engaged in activities related
3to the arts division of under the supervision of the department
4of cultural affairs economic development authority.
5 Sec. 2117. Section 15.108, subsection 5, paragraph c, Code
62023, is amended to read as follows:
7c. Coordinate and develop with the department of
8transportation, the department of natural resources, the
9department of cultural affairs, the enhance Iowa board,
10other state agencies, and local and regional entities public
11interpretation, marketing, and education programs that
12encourage Iowans and out-of-state visitors to participate in
13the recreational and leisure opportunities available in Iowa.
14The authority shall establish and administer a program that
15helps connect both Iowa residents and residents of other states
16to new and existing Iowa experiences as a means to enhance the
17economic, social, and cultural well-being of the state. The
18program shall include a broad range of new opportunities, both
19rural and urban, including main street destinations, green
20space initiatives, and artistic and cultural attractions.
21 Sec. 2118. Section 15.108, subsection 5, paragraph l, Code
222023, is amended by striking the paragraph.
23 Sec. 2119. Section 15.108, subsection 9, Code 2023, is
24amended by striking the subsection and inserting in lieu
25thereof the following:
269. Cultural affairs. To develop the state’s interest in
27the areas of the arts, history, and other cultural matters. To
28carry out this responsibility, the authority shall:
29a. Accept, receive, and administer grants or other funds or
30gifts from public or private agencies, including the federal
31government, for the authority.
32b. Administer the Iowa cultural trust, as advised and
33assisted by the Iowa arts council, as provided in chapter 303A,
34and do all of the following:
35(1) Develop and adopt by rule criteria for the issuance
-1210-1of trust fund credits by measuring the efforts of qualified
2organizations to increase their endowment or other resources
3for the promotion of the arts, history, or the sciences and
4humanities in Iowa. For purposes of this paragraph, “qualified
5organization” means a tax-exempt, nonprofit organization
6whose primary mission is to promote the arts, history, or the
7sciences and humanities in Iowa. If the authority determines
8that a qualified organization has increased the amount of the
9qualified organization’s endowment and other resources, the
10authority shall certify the amount of increase in the form of
11trust fund credits to the treasurer, who shall deposit in the
12Iowa cultural trust fund, from moneys received for purposes
13of the trust fund as provided in section 303A.4, subsection
142, an amount equal to the trust fund credits. If the amount
15of the trust fund credits issued by the authority exceeds the
16amount of moneys available to be deposited in the trust fund as
17provided in section 303A.4, subsection 2, the outstanding trust
18fund credits shall not expire but shall be available to draw
19down additional moneys which become available to be deposited
20in the trust fund as provided in section 303A.4, subsection 2.
21(2) Develop and implement, in accordance with subchapter
22II, part 30, a grant application process for grants issued to
23qualified organizations.
24(3) Develop and adopt by rule criteria for the approval of
25Iowa cultural trust grants. The criteria shall include but
26shall not be limited to the future stability and sustainability
27of a qualified organization.
28(4) Compile, in consultation with the Iowa arts council,
29a list of grant applications recommended for funding in
30accordance with the amount available for distribution as
31provided in section 303A.6, subsection 3. The list of
32recommended grant applications shall be submitted to the Iowa
33cultural trust board of trustees for approval.
34(5) Monitor the allocation and use of grant moneys by all
35qualified organizations to determine whether moneys are used
-1211-1in accordance with the provisions of this paragraph “b” and
2subchapter II, part 30.The authority shall annually submit
3a report with the authority’s findings and recommendations to
4the Iowa cultural trust board of trustees prior to final board
5action in approving grants for the next succeeding fiscal year.
6c. Design a comprehensive, statewide, long-range plan with
7the assistance of the Iowa arts council to develop the arts
8in Iowa. The authority is designated as the state agency for
9carrying out the plan.
10d. By rule, establish advisory groups as necessary for the
11receipt of federal funds or grants or the administration of any
12of the authority’s programs.
13e. Develop and implement fee-based educational programming
14opportunities, including preschool programs, related to arts,
15history, and other cultural matters for Iowans of all ages.
16f. Conduct surveys of existing art and cultural programs
17and activities within the state, including but not limited to
18music, theater, dance, painting, sculpture, architecture, and
19allied arts and crafts. The authority shall submit a report
20on the survey to the governor and to the general assembly no
21later than ten calendar days after the commencement of each
22first session of the general assembly recommending appropriate
23legislation or other action as the authority deem appropriate.
24g. Establish and administer a film office. The purpose
25of the film office is to assist legitimate film, television,
26and video producers in the production of film, television, and
27video projects in the state, and to increase the fiscal impact
28on the state’s economy of film, television, and video projects
29produced in the state.
30 Sec. 2120. Section 15.108, Code 2023, is amended by adding
31the following new subsection:
32 NEW SUBSECTION. 12. Miscellaneous. To provide other
33necessary services, the authority shall do all of the
34following:
35a. Collect and assemble, or cause to have collected and
-1212-1assembled, all pertinent information available regarding the
2industrial, agricultural, and public and private recreation
3and tourism opportunities and possibilities of the state
4of Iowa, including raw materials and products that may be
5produced from the raw materials; power and water resources;
6transportation facilities; available markets; the banking and
7financing facilities; the availability of industrial sites; the
8advantages of the state as a whole, and particular sections
9of the state, as industrial locations; the development of a
10grain alcohol motor fuel industry and its related products;
11and other fields of research and study as the board deems
12necessary. This information shall consider the encouragement
13of new industrial enterprises in the state and the expansion
14of industries now existing within the state, and allied fields
15to those industries. The information shall also consider the
16changing composition of the Iowa family, the level of poverty
17among different age groups, and different family structures in
18Iowa society and their impact on Iowa families.
19b. Apply for, receive, contract for, and expend federal
20funds and grants, and funds and grants from other sources.
21c. Except as otherwise provided in sections 8A.110, 260C.14,
22and 262.9, provide that an inventor whose research is funded
23in whole or in part by the state shall assign to the state a
24proportionate part of the inventor’s rights to a letter patent
25resulting from that research. The state's portion of the
26royalties or earnings derived from a letter patent shall be
27paid to the treasurer of state and credited by the treasurer to
28the general fund of the state. The authority, in conjunction
29with other state agencies including the board of regents,
30shall provide incentives to inventors whose research is funded
31in whole or in part by the state to encourage the inventors
32to have the invented products produced in the state. The
33incentives may include the state receiving a smaller portion of
34the inventor’s royalties or earnings than would otherwise occur
35under this paragraph or other provisions of law.
-1213- 1d. Administer or oversee federal rural economic development
2programs in the state.
3e. At the director’s discretion, accept payment by
4credit card of any fees, interest, penalties, subscriptions,
5registrations, purchases, or other payments, or any portion of
6such payments, which are due or collected by the authority.
7The authority may adjust the amount of the payment to reflect
8the costs of processing the payment as determined by the
9treasurer of state. Payment by credit card shall include, in
10addition to all other charges, any discount charged by the
11credit card issuer.
12f. Provide technical assistance to individuals who
13are pursuing the purchase and operation of employee-owned
14businesses.
15g. Administer the Iowa energy center established in section
1615.120. This paragraph “g” is repealed July 1, 2027.
17h. Administer the partner state program created in section
1815.421.
19 Sec. 2121. Section 15.274, Code 2023, is amended to read as
20follows:
2115.274 Promotional program for national historic landmarks
22and cultural and entertainment districts.
23The economic development authority, in cooperation with
24the state department of transportation and the department of
25cultural affairs, shall establish and administer a program
26designed to promote knowledge of and access to buildings,
27sites, districts, structures, and objects located in this state
28that have been designated by the secretary of the interior
29of the United States as a national historic landmark, unless
30the national historic landmark is protected under section
3122.7, subsection 20, and certified cultural and entertainment
32districts, as established pursuant to section 303.3B. The
33program shall be designed to maximize the visibility and
34visitation of national historic landmarks in this state and
35buildings, sites, structures, and objects located in certified
-1214-1cultural and entertainment districts, as established pursuant
2to section 303.3B. Methods used to maximize the visibility and
3visitation of such locations may include the use of tourism
4literature, signage on highways, maps of the state and cities,
5and internet sites. For purposes of this section, “highway”
6means the same as defined in section 325A.1.
7 Sec. 2122. Section 99F.11, subsection 4, paragraph d,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) Five hundred twenty thousand dollars is appropriated
10each fiscal year to the department of cultural affairs economic
11development authority with one-half of the moneys allocated for
12operational support grants and the remaining one-half allocated
13for the community cultural grants program established under
14section 303.3.
15 Sec. 2123. Section 103A.45, subsection 4, Code 2023, is
16amended to read as follows:
174. Consult with state agencies, including the state fire
18marshal and the department of cultural affairs economic
19development authority, governmental subdivisions, architects,
20engineers, and others who have knowledge of or interest in the
21rehabilitation, preservation, restoration, and relocation of
22historic buildings, with respect to matters relating to the
23state historic building code.
24 Sec. 2124. Section 303.3, subsections 1 and 2, Code 2023,
25are amended to read as follows:
261. The department authority shall establish a grant program
27for cities and nonprofit, tax-exempt community organizations
28for the development of community programs that provide local
29jobs for Iowa residents and also promote Iowa’s historic,
30ethnic, and cultural heritages through the development
31of festivals, music, drama, cultural programs, or tourist
32attractions. A city or nonprofit, tax-exempt community
33organization may submit an application to the department
34 authority for review. The department authority shall establish
35criteria for the review and approval of grant applications.
-1215-1The amount of a grant shall not exceed fifty percent of
2the cost of the community program. Each application shall
3include information demonstrating that the city or nonprofit,
4tax-exempt community organization will provide matching funds
5of fifty percent of the cost of the program. The matching
6funds requirement may be met by substituting in-kind services,
7based on the value of the services, for actual dollars.
82. The department authority shall establish a grant program
9which provides general operating budget support to major,
10multidisciplined multidisciplinary cultural organizations
11which that demonstrate cultural and managerial excellence
12on a continuing basis to the citizens of Iowa. Applicant
13organizations must be incorporated under chapter 504, be exempt
14from federal taxation, and not be attached or affiliated with
15an educational institution. Eligible organizations shall
16be operated on a year-round basis and employ at least one
17full-time, paid professional staff member. The department
18 authority shall establish criteria for review and approval
19of grant applications. Criteria established shall include,
20but are not limited to, a matching funds requirement. The
21matching funds requirement shall permit an applicant to meet
22the matching requirement by demonstrating that the applicant’s
23budget contains funds, other than state and federal funds, in
24excess of the grant award.
25 Sec. 2125. Section 303.3A, subsection 1, paragraph c, Code
262023, is amended by striking the paragraph.
27 Sec. 2126. Section 303.3A, subsections 2 and 3, Code 2023,
28are amended to read as follows:
292. The department authority shall administer regional
30conferences and a statewide caucus on arts and cultural
31enhancement. The purpose of the conferences and caucus is to
32encourage the development of the arts and culture in the state
33by in all of the following ways:
34a. Byidentifying opportunities for programs involving
35education, outreach, and enhancement; by.
-1216- 1b. Byreviewing possible changes in enhancement program
2policies, programs, and funding; and by.
3c. Bymaking recommendations to the department authority
4 regarding funding allocations and priorities for arts and
5cultural enhancement.
63. a. Every four years beginning in June 2001 2025, the
7department authority shall convene a statewide caucus on arts
8and cultural enhancement.
9a. b. Prior to the statewide caucus, the department
10 authority shall make arrangements to hold a conference in each
11of several regions of the state as determined by the Iowa arts
12council. The department authority shall promote attendance
13of interested persons at each conference. A designee of
14the department shall serve as temporary chairperson until
15persons attending the conference elect a chairperson. The
16department authority shall provide persons attending the
17conference with current information regarding cultural programs
18and expenditures. Persons attending the conference shall
19identify opportunities for programs in the areas of education,
20outreach, and enhancement, and make recommendations in the
21form of a resolution. The persons attending the conference
22shall elect six persons from among the attendees to serve
23as regional, voting delegates to the statewide caucus. The
24conference attendees shall elect a chairperson from among the
25six representatives. Other interested persons are encouraged
26to attend the statewide caucus as nonvoting attendees.
27b. c. The department authority shall charge a reasonable
28fee for attendance at the statewide caucus on arts and cultural
29enhancement.
30c. d. A designee of the department authority shall call the
31statewide caucus to order and serve as temporary chairperson
32until persons attending the caucus elect a chairperson.
33Persons attending the caucus shall discuss the recommendations
34of the regional conferences and decide upon recommendations to
35be made to the department authority and the general assembly.
-1217-1Elected chairpersons of the regional conferences shall meet
2with representatives of the department authority and present
3the recommendations of the caucus.
4 Sec. 2127. Section 303.3B, Code 2023, is amended to read as
5follows:
6303.3B Cultural and entertainment districts.
71. The department of cultural affairs authority shall
8establish and administer a cultural and entertainment district
9certification program. The program shall encourage the growth
10of communities through the development of areas within a city
11or county for public and private uses related to cultural and
12entertainment purposes.
132. A city or county may create and designate a cultural
14and entertainment district subject to certification
15by the department of cultural affairs, in consultation
16with the economic development authority. A cultural and
17entertainment district is encouraged to include a unique form
18of transportation within the district and for transportation
19between the district and recreational trails. A cultural and
20entertainment district certification shall remain in effect for
21ten years following the date of certification. Two or more
22cities or counties may apply jointly for certification of a
23district that extends across a common boundary. Through the
24adoption of administrative rules, the department of cultural
25affairs authority shall develop a certification application
26for use in the certification process. The provisions of this
27subsection relating to the adoption of administrative rules
28shall be construed narrowly.
293. The department of cultural affairs authority shall
30encourage development projects and activities located in
31certified cultural and entertainment districts through
32incentives under cultural grant programs pursuant to section
33303.3, chapter 303A part 30, and any other applicable grant
34programs.
35 Sec. 2128. Section 303.3C, subsection 1, paragraphs a, d,
-1218-1and f, Code 2023, are amended to read as follows:
2a. The department of cultural affairs authority shall
3establish and administer an Iowa great places program for
4purposes of combining resources of state government in an
5effort to showcase the unique and authentic qualities of
6communities, regions, neighborhoods, and districts that
7make such places exceptional places to work and live. The
8department of cultural affairs authority shall provide
9administrative assistance to the Iowa great places board. The
10department of cultural affairs authority shall coordinate
11the efforts of the Iowa great places board with the efforts
12of state agencies participating in the program which shall
13include, but not be limited to, the economic development
14authority, the Iowa finance authority, the department of
15human rights, the department of natural resources, the state
16department of transportation, and the department of workforce
17development.
18d. The department of cultural affairs authority shall work
19in cooperation with the vision Iowa and community attraction
20and tourism programs for purposes of maximizing and leveraging
21moneys appropriated to identified Iowa great places.
22f. The department of cultural affairs authority shall
23account for any funds appropriated from the endowment for
24Iowa’s health restricted capitals fund for an identified Iowa
25great place.
26 Sec. 2129. Section 303.3C, subsection 2, paragraph a, Code
272023, is amended to read as follows:
28a. The Iowa great places board is established consisting of
29twelve members. The board shall be located for administrative
30purposes within the department of cultural affairs authority
31 and the director shall provide office space, staff assistance,
32and necessary supplies and equipment for the board. The
33director shall budget moneys to pay the compensation and
34expenses of the board. In performing its functions, the board
35is performing a public function on behalf of the state and is a
-1219-1public instrumentality of the state.
2 Sec. 2130. Section 303.3D, subsections 1 and 3, Code 2023,
3are amended to read as follows:
41. An Iowa great places program fund is created under the
5authority of the department of cultural affairs. The fund
6shall consist of appropriations made to the fund and transfers
7of interest, earnings, and moneys from other funds as provided
8by law. Notwithstanding section 12C.7, subsection 2, interest
9or earnings on investments or time deposits of the moneys in
10the Iowa great places program fund shall be credited to the
11Iowa great places program fund.
123. In awarding moneys the department of cultural affairs
13 authority shall give consideration to the particular needs of
14each identified Iowa great place.
15 Sec. 2131. Section 303.3E, Code 2023, is amended to read as
16follows:
17303.3E Culture, history, and arts teams program.
181. The department of cultural affairs authority shall
19establish and administer a statewide program facilitating the
20promotion of culture, history, and arts in Iowa. The program’s
21purpose shall be to encourage cooperation and collaboration
22among the various state and local organizations working in
23these areas to improve Iowa’s quality of life.
242. The department authority shall implement the program
25by working with the local organizations to establish local
26committees. Each committee shall:
27a. Include representatives from local organizations
28dedicated to promoting culture, history, and arts.
29b. Gather and disseminate information on the cultural,
30historical, and arts opportunities in the regions.
31c. Enhance communication among the local organizations.
32d. Assist the staff members of local organizations in
33obtaining technical and professional training.
343. The department authority shall assist local
35organizations in the delivery of technical services,
-1220-1professional training, and programming opportunities by working
2with these committees.
3 Sec. 2132. Section 303.20, unnumbered paragraph 1, Code
42023, is amended to read as follows:
5As used in this subchapter of this chapter part, unless the
6context otherwise requires:
7 Sec. 2133. Section 303.20, subsections 2 and 3, Code 2023,
8are amended to read as follows:
92. “Commission” is the five-person body, elected by the
10registered voters in the historical preservation district from
11persons living in the district for the purpose of administering
12this subchapter of this chapter part.
133. “District” means a historical preservation district
14established under this subchapter of this chapter part.
15 Sec. 2134. Section 303.20, subsection 4, Code 2023, is
16amended by striking the subsection.
17 Sec. 2135. Section 303.21, Code 2023, is amended to read as
18follows:
19303.21 Petition.
201. The eligible voters in an area of asserted historical
21significance may petition the department authority for a
22referendum for the establishment of a district.
232. The petition must be signed by not less than ten percent
24of the eligible voters of in the area of asserted historical
25significance and shall contain both a description of the
26property suggested for inclusion in the district and the
27reasons justifying the creation of the district.
28 Sec. 2136. Section 303.22, Code 2023, is amended to read as
29follows:
30303.22 Action by department the authority.
311. The department authority shall hold a hearing not less
32than thirty days or and not more than sixty days after the
33petition is received. The department authority shall publish
34notice of the hearing, at a reasonable time before the hearing
35is to take place, and shall post notice of the hearing in a
-1221-1reasonable number of places within the suggested district. The
2cost of notification shall be paid by the persons who petition
3for the establishment of a district.
42. At the hearing the department authority shall hear
5interested persons, accept written presentations, and shall
6determine whether the suggested district is an area of
7historical significance which may properly be established as a
8historical preservation district pursuant to the provisions of
9this subchapter of this chapter part. The department authority
10 may determine the boundaries which shall be established for the
11district. The department authority shall not include property
12which is not included in the suggested district unless the
13owner of the property is given an opportunity to be heard.
143. The department, if it If the authority determines that
15the suggested district meets the criteria for establishment
16as a historical preservation district, the authority shall
17indicate the owners of the property and residents included and
18shall forward a list of owners and residents to the county
19commissioner of elections.
204. If the department authority determines that the
21suggested district does not meet the criteria for establishment
22as a historical preservation district, it the authority shall
23so notify the petitioners.
24 Sec. 2137. Section 303.23, Code 2023, is amended to read as
25follows:
26303.23 Referendum.
27Within thirty days after the receipt of the list of owners
28of property and residents within the suggested historical
29preservation district, the department authority shall fix a
30date not more than forty-five days from the receipt of the
31petition seeking a referendum on the question of establishment
32of a historical preservation district. The department
33 authority, after consultation with the county commissioner of
34elections, shall specify the polling place within the suggested
35district that will best serve the convenience of the voters
-1222-1and shall appoint from residents of the proposed district
2 three judges and two clerks of election from residents of the
3proposed district.
4 Sec. 2138. Section 303.24, Code 2023, is amended to read as
5follows:
6303.24 Notice.
7The department authority, after consultation with the county
8commissioner of elections, shall post notice of the referendum
9in a reasonable number of places within the suggested district
10a reasonable time before it the referendum is to take place.
11The notice shall state the purpose of the referendum, a
12description of the district, the date of the referendum, the
13location of the polling place, and the hours when the polls
14will be open and close.
15 Sec. 2139. Section 303.26, subsection 3, Code 2023, is
16amended to read as follows:
173. Of the initial commission, the person receiving the
18highest number of votes shall receive serve a five-year term of
19office, the next highest shall serve a four-year term, the next
20highest shall serve a three-year term, the next highest shall
21serve a two-year term, and the fifth highest shall serve a
22one-year term. Thereafter, an election shall be held annually
23in the district to elect a member to a five-year term as each
24term expires.
25 Sec. 2140. Section 303.29, Code 2023, is amended to read as
26follows:
27303.29 Use of structures.
28No A change in the use of any structure or property within
29a designated historical district shall not be permitted until
30after an application for a certificate of appropriateness
31has been submitted to, and been approved by the commission.
32For purposes of this section “use” means the legal enjoyment
33of property that consists in its employment, exercise, or
34practice.
35 Sec. 2141. Section 303.32, Code 2023, is amended to read as
-1223-1follows:
2303.32 Ordinary maintenance and repair.
3Nothing in this subchapter of this chapter This part shall
4not be construed to prevent the ordinary maintenance or repair
5of any exterior feature in a district which does not involve a
6change in design, material or outer appearance, nor to prevent
7the construction, reconstruction, alteration, restoration
8or demolition of any such feature which is required by for
9 public safety because of reasons due to an unsafe or dangerous
10condition.
11 Sec. 2142. Section 303.34, subsections 1 and 4, Code 2023,
12are amended to read as follows:
131. An area of historical significance shall be proposed by
14the governing body of the city on its the governing body’s own
15motion or upon the receipt by the governing body of a petition
16signed by residents of the city. The city shall submit a
17description of the proposed area of historical significance or
18the petition describing the proposed area, if the proposed area
19is a result of the receipt of a petition, to the historical
20division which state historic preservation officer who shall
21determine if the proposed area meets the criteria in subsection
222 and may make recommendations concerning the proposed area.
23Any recommendations made by the division state historic
24preservation officer shall be made available by the city to
25the public for viewing during normal working hours at a city
26government place of public access.
274. An area shall be designated an area of historical
28significance upon enactment of an ordinance of by the city.
29Before Prior to enactment of the ordinance or enactment of
30 an amendment to the ordinance is enacted, the governing body
31of the city shall submit the ordinance or amendment to the
32historical division state historic preservation officer for its
33 review and recommendations.
34 Sec. 2143. Section 303.87, Code 2023, is amended to read as
35follows:
-1224- 1303.87 Duties of Iowa arts council.
2The Iowa arts council shall:
31. Advise the director with respect to policies, programs,
4and procedures for carrying out the administrator’s functions,
5duties, or responsibilities.
62. Review review programs to be supported and make
7recommendations on the programs to the director.
8 Sec. 2144. Section 303.88, Code 2023, is amended to read as
9follows:
10303.88 Administrator’s Authority’s powers and authority.
11The arts division administrator may authority shall:
121. Make and sign any agreements and perform any acts which
13are necessary, desirable, or proper to carry out the purpose of
14the division.
152. Request and obtain assistance and data from any
16department, division, board, bureau, commission, or agency of
17the state.
183. Accept any federal funds granted, by Act of Congress or
19by executive order, for all or any purposes of this subchapter
20 part, and receive and disburse as the official agent of the
21state any funds made available by the national endowment for
22the arts.
234. 2. Accept gifts, contributions, endowments, bequests,
24or other moneys available for all or any of the purposes
25of the division this part. Interest earned on the gifts,
26contributions, endowments, bequests, or other moneys accepted
27under this subsection part shall be credited to the fund or
28funds to which the gifts, contributions, endowments, bequests,
29or other moneys have been deposited, and is available for all
30or any of the purposes of the division authority under this
31part.
32 Sec. 2145. Section 303A.1, Code 2023, is amended to read as
33follows:
34303A.1 Short title.
35This chapter part shall be known and may be cited as the
-1225-1“Iowa Cultural Trust Act”.
2 Sec. 2146. Section 303A.3, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4For purposes of this chapter part, unless the context
5otherwise requires:
6 Sec. 2147. Section 303A.3, subsections 2 and 3, Code 2023,
7are amended by striking the subsections.
8 Sec. 2148. Section 303A.4, subsections 1, 2, and 4, Code
92023, are amended to read as follows:
101. The Iowa cultural trust is created as a public body
11corporate organized for the purposes, with the powers, and
12subject to the restrictions, set forth in this chapter part.
132. An Iowa cultural trust fund is created in the office
14of the treasurer of state for the purpose of receiving moneys
15appropriated by the general assembly and any other moneys
16available to the trust fund due to the issuance of trust fund
17credits by the director as provided in section 303.1A 15.108,
18subsection 1 9, paragraph “f” “b”, subparagraph (1).
194. a. The treasurer of state shall act as custodian of
20the fund, shall invest moneys in the trust fund, and shall
21transfer the interest attributable to the investment of trust
22fund moneys to the grant account created in section 303A.7.
23The trust fund’s principal shall not be used or accessed by the
24department or the board for any purpose.
25b. Notwithstanding paragraph “a”, for each of the following
26fiscal years, the treasurer of state shall transfer the
27following amounts from the principal of the trust fund to the
28grant account created in section 303A.7:
29(1) For the fiscal year beginning July 1, 2013, and ending
30June 30, 2014, fifty thousand dollars.
31(2) For the fiscal year beginning July 1, 2014, and ending
32June 30, 2015, fifty thousand dollars.
33 Sec. 2149. Section 303A.5, subsections 1 and 6, Code 2023,
34are amended to read as follows:
351. A board of trustees of the Iowa cultural trust is
-1226-1created. The general responsibility for the proper operation
2of the trust is vested in the board of trustees, which shall
3consist of thirteen twelve members as follows:
4a. Nine public members, five of whom shall be appointed
5by the governor, subject to confirmation by the senate. The
6majority leader of the senate, the minority leader of the
7senate, the speaker of the house, and the minority leader of
8the house of representatives shall each appoint one public
9member. A public member of the board appointed in accordance
10with this section shall not also serve concurrently as a member
11of the state historical society board of trustees or the Iowa
12state arts council.
13b. Four Three ex officio, nonvoting members, consisting
14of the treasurer of state or the treasurer’s designee, the
15director of the department of cultural affairs the authority
16 or the director’s designee, the chairperson of the state
17historical society board of trustees elected pursuant to
18section 303.6, and the chairperson of the Iowa arts council
19designated pursuant to section 303.86.
206. The board shall be located for administrative purposes
21within the department authority. The department authority,
22subject to approval by the board, shall adopt administrative
23rules pursuant to chapter 17A necessary to administer the
24income derived from the Iowa cultural trust fund and to perform
25specific powers and duties as provided in section 303A.6. The
26director shall budget funds to pay the expenses of the board
27and administer this chapter part.
28 Sec. 2150. Section 303A.6, subsections 1 and 2, Code 2023,
29are amended to read as follows:
301. Enter into agreements with any qualified organization,
31the state, or any federal or other state agency, or other
32entity as required to administer this chapter part.
332. Approve or disapprove the grants recommended for
34approval by the director, in consultation with the Iowa arts
35council and the state historical society of Iowa, in accordance
-1227-1with section 303.1A 15.108, subsection 1 9, paragraph “f”,
2subparagraph (3) “b”. The board may delete remove any
3recommendation from the list, but shall not add to or otherwise
4amend the list of recommended grants.
5 Sec. 2151. Section 306D.2, subsection 1, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7The state department of transportation shall prepare a
8statewide, long-range plan for the protection, enhancement,
9and identification of highways and secondary roads which pass
10through unusually scenic areas of the state as identified
11in section 306D.1. The department of natural resources,
12department of the economic development authority, and
13department of cultural affairs, private organizations, county
14conservation boards, city park and recreation departments,
15and the federal agencies having jurisdiction over land in the
16state shall be encouraged to assist in preparing the plan. The
17plan shall be coordinated with the state’s open space plan
18if a state open space plan has been approved by the general
19assembly. The plan shall include, but is not limited to, the
20following elements:
21 Sec. 2152. Section 321.252, subsection 3, paragraph a,
22subparagraph (1), Code 2023, is amended to read as follows:
23(1) The tourist signing committee shall be made up of the
24directors or their the directors’ designees of the departments
25of agriculture and land stewardship, natural resources,
26cultural affairs, and transportation, the director or the
27director’s designee of the economic development authority, the
28chairperson or the chairperson’s designee of the Iowa travel
29council, and a member of the outdoor advertising association
30of Iowa. The director or the director’s designee of the
31economic development authority shall be the chairperson of the
32committee.
33 Sec. 2153. Section 404A.1, subsection 3, Code 2023, is
34amended by striking the subsection.
35 Sec. 2154. Section 404A.1, subsection 8, paragraph b, Code
-1228-12023, is amended to read as follows:
2b. The property meets the physical criteria and standards
3for rehabilitation established by the department authority by
4rule. To the extent applicable, the physical standards and
5criteria shall be consistent with the United States secretary
6of the interior’s standards for rehabilitation.
7 Sec. 2155. Section 404A.3, subsection 1, paragraphs c and e,
8Code 2023, are amended to read as follows:
9c. The application shall include any information deemed
10necessary by the authority, in consultation with the
11department, to evaluate the eligibility under the program
12of the applicant and the rehabilitation project, the amount
13of projected qualified rehabilitation expenditures of a
14rehabilitation project, and the amount and source of all
15funding for a rehabilitation project. An applicant shall
16have the burden of proof to demonstrate to the authority that
17the applicant is an eligible taxpayer and the project is a
18qualified rehabilitation project under the program.
19e. (1) The authority may charge application and other fees
20to eligible taxpayers who apply to participate in the program.
21The amount of such fees shall be determined based on the costs
22of to the authority and the department associated with of
23 administering the program.
24(2) Fees collected by the authority pursuant to this
25paragraph shall be deposited with the authority notwithstanding
26section 303.9, subsection 1.
27(3) A portion of the fees collected shall be directed by the
28authority to the department.
29 Sec. 2156. Section 404A.3, subsection 3, paragraph b,
30subparagraph (2), Code 2023, is amended to read as follows:
31(2) The rehabilitation work to be performed. An eligible
32taxpayer shall perform the rehabilitation work consistent with
33the United States secretary of the interior’s standards for
34rehabilitation, as determined by the department authority.
35 Sec. 2157. Section 404A.3, subsection 4, paragraph c,
-1229-1subparagraph (3), subparagraph division (b), Code 2023, is
2amended to read as follows:
3(b) “Prohibited activity” means a breach or default under
4the agreement with the department authority, the violation
5of any warranty provided by the eligible taxpayer to the
6department authority or the department of revenue, the claiming
7of a tax credit issued under this chapter for expenditures that
8are not qualified rehabilitation expenditures, the violation of
9any requirements of this chapter or rules adopted pursuant to
10this chapter, misrepresentation, fraud, or any other unlawful
11act or omission.
12 Sec. 2158. Section 404A.4, subsection 2, paragraph c, Code
132023, is amended to read as follows:
14c. The amount of a tax credit that was available for
15approval by the state historical preservation office of the
16department of cultural affairs under section 404A.4, Code 2014,
17in a fiscal year beginning on or after July 1, 2010, but before
18July 1, 2014, that was required to be allocated to new projects
19with final qualified rehabilitation costs of five hundred
20thousand dollars or less, or seven hundred fifty thousand
21dollars or less, as the case may be, and that was not finally
22approved by the state historical preservation office, may be
23awarded under section 404A.3 during the fiscal years beginning
24on or after July 1, 2014, but before July 1, 2016.
25 Sec. 2159. Section 404A.6, Code 2023, is amended to read as
26follows:
27404A.6 Rules.
28The authority, department, and the department of revenue
29shall each adopt rules as necessary for the administration of
30this chapter.
31 Sec. 2160. Section 427.16, subsection 15, Code 2023, is
32amended to read as follows:
3315. The department of cultural affairs economic development
34authority shall adopt rules pursuant to chapter 17A to
35administer this section.
-1230-1 Sec. 2161. Section 465A.2, subsection 1, paragraph b,
2unnumbered paragraph 1, Code 2023, is amended to read as
3follows:
4Prepare a statewide, long-range plan for the acquisition
5and protection of significant open space lands throughout
6the state as identified in section 465A.1. The department
7of transportation, department of the economic development
8authority, and department of cultural affairs, private
9organizations, county conservation boards, city park and
10recreation departments, and the federal agencies with lands in
11the state shall be directly involved in preparing the plan.
12The plan shall include, but is not limited to, the following
13elements:
14 Sec. 2162. Section 465B.2, subsection 2, paragraph a, Code
152023, is amended to read as follows:
16a. The state department of transportation may enter
17into contracts for the preparation of the trails plan. The
18department shall involve the department of natural resources,
19 and the Iowa department of economic development, and the
20department of cultural affairs authority in the preparation of
21the plan. The recommendations and comments of organizations
22representing different types of trail users and others with
23interests in this program shall also be incorporated in the
24preparation of the trails plan and shall be submitted with the
25plan to the general assembly. The plan shall be submitted to
26the general assembly no later than January 15, 1988. Existing
27trail projects involving acquisition or development may receive
28funding prior to the completion of the trails plan.
29 Sec. 2163. Section 465B.3, Code 2023, is amended to read as
30follows:
31465B.3 Involvement of other agencies.
32The department of natural resources, and the economic
33development authority, and the department of cultural
34affairs shall assist the state department of transportation
35in developing the statewide plan for recreation trails, in
-1231-1acquiring property, and in the development, promotion, and
2management of recreation trails.
3 Sec. 2164. REPEAL. Sections 303.1, 303.1A, 303.2, and
4303.95, Code 2023, are repealed.
5 Sec. 2165. CODE EDITOR DIRECTIVE.
61. The Code editor is directed to make the following
7transfers:
8a. Section 303.3 to section 15.436.
9b. Section 303.3A to section 15.437.
10c. Section 303.3B to section 15.438.
11d. Section 303.3C to section 15.439.
12e. Section 303.3D to section 15.440.
13f. Section 303.3E to section 15.441.
14g. Section 303.20 to section 15.445.
15h. Section 303.21 to section 15.446.
16i. Section 303.22 to section 15.447.
17j. Section 303.23 to section 15.448.
18k. Section 303.24 to section 15.449.
19l. Section 303.25 to section 15.450.
20m. Section 303.26 to section 15.451.
21n. Section 303.27 to section 15.452.
22o. Section 303.28 to section 15.453.
23p. Section 303.29 to section 15.454.
24q. Section 303.30 to section 15.455.
25r. Section 303.31 to section 15.456.
26s. Section 303.32 to section 15.457.
27t. Section 303.33 to section 15.458.
28u. Section 303.34 to section 15.459.
29v. Section 303.86 to section 15.465.
30w. Section 303.87 to section 15.466.
31x. Section 303.88 to section 15.467.
32y. Section 303.89 to section 15.470.
33z. Section 303A.1 to section 15.476.
34aa. Section 303A.2 to section 15.477.
35ab. Section 303A.3 to section 15.478.
-1232- 1ac. Section 303A.4 to section 15.479.
2ad. Section 303A.5 to section 15.480.
3ae. Section 303A.6 to section 15.481.
4af. Section 303A.7 to section 15.482.
52. The Code editor shall correct internal references in the
6Code and in any enacted legislation as necessary due to the
7enactment of this section.
83. The Code editor shall designate the following new parts
9in subchapter II of chapter 15:
10a. Sections 15.436 through 15.441 as part 26.
11b. Sections 15.445 through 15.459 as part 27.
12c. Sections 15.465 through 15.467 as part 28.
13d. Section 15.470 as part 29.
14e. Sections 15.476 through 15.482 as part 30.
15STATE HISTORIC PRESERVATION OFFICER
16 Sec. 2166. NEW SECTION. 15.121 State historic preservation
17officer.
181. The governor shall appoint and designate the state
19historic preservation officer pursuant to federal requirements.
20The recommendations and decisions of the state historic
21preservation officer shall be subject to the review and
22approval of the director of the economic development authority.
232. The state historic preservation officer shall conduct
24historic preservation activities pursuant to federal and
25state requirements, including but not limited to all of the
26following:
27a. Identifying and documenting historic properties.
28b. Preparing and maintaining a state register of historic
29places, including those listed on the national register of
30historic places.
31c. Conducting historic preservation activities pursuant to
32federal and state requirements.
33d. Publishing matters of historical value to the public,
34and pursuing historical, architectural, and archaeological
35research and development which may include but are not
-1233-1limited to continuing surveys, excavation, scientific
2recording, interpretation, and publication of the historical,
3architectural, archaeological, and cultural sites, buildings,
4and structures in the state.
53. Pursuant to section 103A.42, the state historic
6preservation officer, in response to an adequately documented
7request, shall issue an opinion stating whether a property is
8either included in or appears to meet criteria for inclusion in
9the national register of historic places.
104. Pursuant to section 303.16, subsection 6, paragraph “h”,
11the state historic preservation officer must approve a city or
12county government as a certified local government prior to a
13grant or loan fund award to the city or county government for a
14project in the historic preservation category.
155. Pursuant to section 303.18, the state historic
16preservation officer shall require that a rural electric
17cooperative or a municipal utility that is constructing an
18electric distribution and transmission facility for which it is
19receiving federal funding conduct an archeological site survey.
206. Pursuant to section 427.16, subsections 4 and 12, the
21state historic preservation officer shall be responsible
22for approving applications for certified substantial
23rehabilitation.
24 Sec. 2167. Section 457A.1, Code 2023, is amended to read as
25follows:
26457A.1 Acquisition by other than condemnation.
27The department of natural resources, soil and water
28conservation districts as provided in chapter 161A, the
29historical division of the department of cultural affairs
30 state historic preservation officer, the state archaeologist
31appointed by the state board of regents pursuant to section
32263B.1, any county conservation board, and any city or agency
33of a city may acquire by purchase, gift, contract, or other
34voluntary means, but not by eminent domain, conservation
35easements in land to preserve scenic beauty, wildlife
-1234-1habitat, riparian lands, wetlands, or forests; promote outdoor
2recreation, agriculture, soil or water conservation, or open
3space; or otherwise conserve for the benefit of the public the
4natural beauty, natural and cultural resources, and public
5recreation facilities of the state.
6 Sec. 2168. Section 470.5, Code 2023, is amended to read as
7follows:
8470.5 Exceptions.
9This chapter does not apply to buildings used on January 1,
101980, by the division of adult corrections of the department
11of human services as maximum security detention facilities or
12to the renovation of property nominated to, or entered in the
13national register of historic places, designated by statute, or
14included in an established list of historic places compiled by
15the historical division of the department of cultural affairs
16 state historic preservation officer.
17 Sec. 2169. CODE EDITOR DIRECTIVE.
181. The Code editor is directed to make the following
19transfer:
20Section 303.18 to section 15.122.
212. The Code editor shall correct internal references in the
22Code and in any enacted legislation as necessary due to the
23enactment of this section.
24IOWA FINANCE AUTHORITY
25 Sec. 2170. Section 7C.4A, subsection 1, paragraph b, Code
262023, is amended to read as follows:
27b. However, at any time during the calendar year the
28executive director of the Iowa finance authority may determine
29that a lesser amount need be allocated to the Iowa finance
30authority and on that date this lesser amount shall be the
31amount allocated to the authority and the excess shall be
32allocated under subsection 7.
33 Sec. 2171. Section 15.106C, subsection 1, Code 2023, is
34amended to read as follows:
351. a. The operations of the authority shall be administered
-1235-1by a director who shall be appointed by the governor, subject
2to confirmation by the senate, and who shall serve for a
3four-year term beginning and ending as provided in section
469.19 at the pleasure of the governor. An appointment by the
5governor to fill a vacancy in the office of the director shall
6be for the balance of the unexpired four-year term.
7b. The director of the economic development authority
8under paragraph “a” shall also serve as the director of, and
9administer the operations of, the Iowa finance authority
10pursuant to section 16.6.
11 Sec. 2172. Section 16.1, Code 2023, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 6A. “Director” means the director of the
14economic development authority who also serves as the director
15of, and administers the operations of, the Iowa finance
16authority pursuant to section 15.106C, subsection 1, paragraph
17“b”.
18 Sec. 2173. Section 16.1, subsection 9, Code 2023, is amended
19by striking the subsection.
20 Sec. 2174. Section 16.1A, subsection 5, Code 2023, is
21amended to read as follows:
225. The board may, by resolution, delegate to the
23agricultural development board, title guaranty division
24board, executive director, or other authority employee such
25of its powers, under such terms and conditions, as it deems
26appropriate.
27 Sec. 2175. Section 16.2, subsections 6 and 8, Code 2023, are
28amended to read as follows:
296. Members of the authority and the executive director shall
30give bond as required for public officers in chapter 64.
318. Members shall elect a chairperson and vice chairperson
32annually, and other officers as they the members determine,
33but and the executive director shall serve as secretary to the
34authority.
35 Sec. 2176. Section 16.2A, subsections 1, 5, and 7, Code
-1236-12023, are amended to read as follows:
21. A title guaranty division is created within the
3authority. The division may also be referred to as Iowa title
4guaranty. The powers of the division relating to the issuance
5of title guaranties are vested in and shall be exercised by a
6title guaranty division board of five members appointed by the
7governor subject to confirmation by the senate. The membership
8of the title guaranty division board shall include an attorney,
9an abstractor, a real estate broker, a representative of a
10lending institution that engages in mortgage lending, and
11a representative of the housing development industry. The
12executive director of the authority shall appoint an attorney
13as director of the title guaranty division, who shall serve
14as an ex officio member of the title guaranty division board.
15The appointment of and compensation for the division director
16are exempt from the merit system provisions of chapter 8A,
17subchapter IV.
185. Members of the title guaranty division board and the
19director of the title guaranty division board shall give bond
20as required for public officers in chapter 64.
217. Members shall elect a chair and vice chair annually and
22other officers as they the members determine. The executive
23 director or the executive director’s designee shall serve as
24secretary to the title guaranty division board.
25 Sec. 2177. Section 16.2B, subsection 2, Code 2023, is
26amended to read as follows:
272. The agricultural development division shall be
28administered in accordance with the policies of the
29agricultural development board created in section 16.2C.
30The executive director of the authority may organize the
31agricultural development division and employ necessary
32qualified personnel to administer subchapter VIII.
33 Sec. 2178. Section 16.2C, subsection 3, Code 2023, is
34amended to read as follows:
353. The agricultural development board consists of five
-1237-1members appointed by the governor subject to confirmation by
2the senate. The executive director of the authority or the
3executive director’s designee shall serve as an ex officio,
4nonvoting member.
5 Sec. 2179. Section 16.2C, subsection 5, paragraph c, Code
62023, is amended to read as follows:
7c. The appointed members shall elect a chairperson and vice
8chairperson annually, and other officers as they the members
9 determine. The executive director of the authority or the
10executive director’s designee shall serve as secretary to the
11board.
12 Sec. 2180. Section 16.2D, subsection 2, paragraph b,
13subparagraph (8), Code 2023, is amended to read as follows:
14(8) The executive director of the Iowa finance authority or
15the executive director’s designee.
16 Sec. 2181. Section 16.5, subsection 4, Code 2023, is amended
17to read as follows:
184. Notwithstanding any other provision of law, the
19authority may elect whether to utilize any or all of the goods
20or services available from other state agencies in the conduct
21of its affairs. Departments, boards, commissions, or other
22agencies of the state shall provide reasonable assistance and
23services to the authority upon the request of the executive
24 director.
25 Sec. 2182. Section 16.6, Code 2023, is amended to read as
26follows:
2716.6 Executive director Director — responsibilities.
281. The governor, subject to confirmation by the senate,
29shall appoint an executive director of the authority, who
30shall serve at the pleasure of the governor. The executive
31director shall be selected primarily for administrative
32ability and knowledge in the field, without regard to political
33affiliation. The director of the economic development
34authority shall also serve as the director of, and administer
35the operations of, the authority pursuant to section 15.106C,
-1238-1subsection 1, paragraph “b”. The executive director shall not,
2directly or indirectly, exert influence to induce any other
3officers or employees of the state to adopt a political view,
4or to favor a political candidate for office.
52. The executive director shall advise the authority on
6matters relating to housing and housing finance, carry out
7all directives from the authority, and hire and supervise the
8authority’s staff pursuant to its the authority’s directions.
9All employees of the authority are exempt from the merit system
10provisions of chapter 8A, subchapter IV.
113. The executive director, as secretary of the authority,
12shall keep a record of the proceedings of the authority and
13shall be custodian of all books, documents, and papers filed
14with the authority and of its minute book and seal. The
15executive director shall have authority to cause to be made
16copies of all minutes and other records and documents of the
17authority and to give certificates under the seal of the
18authority to the effect that such copies are true copies and
19all persons dealing with the authority may rely upon such
20certificates.
214. The executive director may establish administrative
22divisions within the authority in order to most efficiently
23and effectively carry out the authority’s responsibilities,
24provided that any creation or modification of authority
25divisions be established only after consultation with the board
26of the authority.
27 Sec. 2183. Section 16.13, subsection 2, paragraph a, Code
282023, is amended to read as follows:
29a. If a member or employee of the authority other than the
30executive director of the authority has an interest, either
31direct or indirect, in a contract to which the authority is,
32or is to be, a party, or in a mortgage lender requesting a loan
33from, or offering to sell mortgage loans to, the authority,
34the interest shall be disclosed to the authority in writing
35and shall be set forth in the minutes of the authority. The
-1239-1member or employee having the interest shall not participate
2in any action of the authority with respect to that contract
3or mortgage lender.
4 Sec. 2184. Section 16.13, subsections 3 and 4, Code 2023,
5are amended to read as follows:
63. Nothing in this section shall be deemed to limit the
7right of a member, officer, or employee of the authority to
8acquire an interest in bonds or notes of the authority or to
9limit the right of a member, officer, or employee other than
10the executive director to have an interest in a financial
11institution, including a lending institution, in which the
12funds of the authority are, or are to be, deposited or which
13is, or is to be, acting as trustee or paying agent under a trust
14indenture to which the authority is a party.
154. The executive director shall not have an interest in
16a financial institution, including a lending institution, in
17which the funds of the authority are, or are to be, deposited
18or which is, or is to be, acting as trustee or paying agent
19under a trust indenture to which the authority is a party. The
20executive director shall not receive, in addition to fixed
21salary or compensation, any money or valuable thing, either
22directly or indirectly, or through any substantial interest
23in any other corporation or business unit, for negotiating,
24procuring, recommending, or aiding in any purchase or sale
25of property, or loan, made by the authority, nor shall the
26executive director be pecuniarily interested, either as
27principal, coprincipal, agent, or beneficiary, either directly
28or indirectly, or through any substantial interest in any other
29corporation or business unit, in any such purchase, sale, or
30loan.
31 Sec. 2185. Section 16.57A, subsection 2, Code 2023, is
32amended to read as follows:
332. Notwithstanding section 8.39, and any other law to
34the contrary, with the prior written consent and approval of
35the governor, the executive director of the authority may
-1240-1transfer any unobligated and unencumbered moneys in any fund
2created pursuant to section 16.5, subsection 1, paragraph “s”,
3for deposit in the disaster recovery housing assistance fund
4created in section 16.57B. The prior written consent and
5approval of the director of the department of management shall
6not be required to transfer the unobligated and unencumbered
7moneys.
8 Sec. 2186. Section 16.134, subsection 9, paragraph b,
9subparagraph (3), Code 2023, is amended to read as follows:
10(3) The executive director of the authority or the executive
11 director’s designee.
12 Sec. 2187. Section 16.134, subsection 10, paragraph a, Code
132023, is amended to read as follows:
14a. A water quality financing review committee is created
15consisting of the secretary of agriculture or the secretary’s
16designee, the executive director of the authority or the
17executive director’s designee, and the director of the
18department of natural resources or the director’s designee.
19 Sec. 2188. Section 257C.7, Code 2023, is amended to read as
20follows:
21257C.7 Staff.
22The executive director and staff of the Iowa finance
23authority, pursuant to chapter 16, shall also serve as
24executive director and staff of the advance funding authority,
25respectively. The executive director shall not, directly or
26indirectly, exert influence to induce any other officers or
27employees of the state to adopt a political view, or to favor a
28political candidate for office.
29 Sec. 2189. Section 257C.12, subsections 1 and 3, Code 2023,
30are amended to read as follows:
311. If a member or employee other than the executive
32 director of the authority has an interest, either direct or
33indirect, in a contract to which the authority is or is to be
34a party, the interest shall be disclosed to the authority in
35writing and shall be set forth in the minutes of a meeting
-1241-1of the authority. The member having the interest shall
2not participate in action by the board with respect to that
3contract.
43. The executive director shall not have an interest in
5a bank or other financial institution in which the funds of
6the authority are deposited or which is acting as trustee or
7paying agent under a trust indenture to which the authority is
8a party. The executive director shall not receive, in addition
9to fixed salary or compensation, any money or valuable thing,
10either directly or indirectly, or through any substantial
11interest in any other corporation or business unit, for
12negotiating, procuring, recommending, or aiding in any loan
13made by the authority, nor shall the executive director be
14pecuniarily interested, either as principal, co-principal,
15agent, or beneficiary, either directly or indirectly or through
16any substantial interest in any other corporation or business
17unit, in any loan.
18 Sec. 2190. Section 418.5, subsection 2, paragraph f, Code
192023, is amended to read as follows:
20f. The executive director of the Iowa finance authority or
21the executive director’s designee.
22 Sec. 2191. Section 466B.3, subsection 4, paragraph j, Code
232023, is amended to read as follows:
24j. The executive director of the Iowa finance authority or
25the executive director’s designee.
26DIVISION VI
27ECONOMIC DEVELOPMENT AUTHORITY — PARTNER STATE PROGRAM
28 Sec. 2192. NEW SECTION. 15.421 Partner state program.
291. a. A partner state program is created which shall be
30administered by the authority. The purpose of the partner
31state program is to establish and maintain relationships
32between the state and foreign countries, provinces, states,
33regions, oblasts, municipalities, districts, divisions,
34counties, prefectures, towns, cities, villages, boroughs,
35and any other similar political subdivisions to facilitate
-1242-1mutually beneficial exchanges, collaboration, and cooperation
2with regard to agriculture, culture, education, manufacturing,
3science and technology, sports and recreation, tourism, and the
4arts.
5b. A partner state relationship must be formalized in a
6partner state agreement by executive order of the governor.
7c. A partner state agreement may be modified or terminated
8only by executive order of the governor.
92. a. A partner state program fund is created in the state
10treasury under the control of the authority and consisting of
11any moneys appropriated to the fund by the general assembly
12and any other moneys available and obtained or accepted by the
13authority for placement in the fund. The fund shall be used
14to administer the partner state program. The authority shall
15use any moneys specifically appropriated for purposes of this
16section only for the purposes of this section.
17b. Notwithstanding section 12C.7, subsection 2, interest
18or earnings on moneys in the fund shall accrue to the
19authority and shall be used for purposes of this section.
20Notwithstanding section 8.33, moneys in the fund at the end of
21each fiscal year shall not revert to any other fund but shall
22remain in the fund for expenditure for subsequent fiscal years.
23 Sec. 2193. EFFECTIVE DATE. This division of this Act, being
24deemed of immediate importance, takes effect upon enactment.
25 Sec. 2194. APPLICABILITY. This division of this Act applies
26to all of the following:
271. Sister state agreements entered into by the state before
28the effective date of this division of this Act including
29agreements with the following:
30a. China, Hebei Province.
31b. Italy, Veneto Region.
32c. Japan, Yamanashi Prefecture.
33d. Republic of Kosovo.
34e. Mexico, Yucatan.
35f. Taiwan.
-1243- 1g. Ukraine, Cherkasy Oblast.
22. Partner state agreement entered into by the state on or
3after the effective date of this division of this Act.
4DIVISION VII
5PUBLIC EMPLOYMENT RELATIONS BOARD
6 Sec. 2195. Section 7E.6, subsection 5, Code 2023, is amended
7to read as follows:
85. Any position of membership on the board of parole, the
9public employment relations board, the utilities board, the
10employment appeal board, and the property assessment appeal
11board shall be compensated as otherwise provided in law.
12 Sec. 2196. Section 20.1, subsection 2, paragraph g, Code
132023, is amended by striking the paragraph.
14 Sec. 2197. Section 20.5, Code 2023, is amended to read as
15follows:
1620.5 Public employment relations board.
171. There is established a board to be known as the “Public
18Employment Relations Board”.
19a. The board shall consist of three members appointed by the
20governor, subject to confirmation by the senate. In selecting
21the members of the board, consideration shall be given to
22their knowledge, ability, and experience in the field of
23labor-management relations. No more than two members shall be
24of the same political affiliation, and no member shall engage
25in any political activity while holding office and the members
26shall devote full time to their duties.
27b. The members shall be appointed for staggered terms of
28four years beginning and ending as provided in section 69.19.
29c. The member first appointed for a term of four years shall
30serve as chairperson and each of the member’s successors shall
31also serve as chairperson.
32d. Any vacancy occurring shall be filled in the same manner
33as regular appointments are made.
342. The governor shall appoint an executive director of the
35board, subject to confirmation by the senate, who shall serve
-1244-1at the pleasure of the governor. The executive director shall
2serve as the executive officer of the board. In selecting
3the executive director, consideration shall be given to the
4person’s knowledge, ability, and experience in the field of
5labor-management relations. The governor shall set the salary
6of the executive director within the applicable salary range
7established by the general assembly.
82. 3. The board may employ such persons as are necessary
9for the performance of its functions. Personnel of the board
10shall be employed pursuant to the provisions of chapter 8A,
11subchapter IV.
123. 4. The chairperson and the remaining two members
13shall be compensated as provided in section 7E.6, subsection
145. Members of the board and employees of the board shall
15be allowed their actual and necessary expenses incurred in
16the performance of their duties and may be entitled to per
17diem compensation as authorized under section 7E.6. All
18expenses and salaries shall be paid from appropriations for
19such purposes and the board shall be subject to the budget
20requirements of chapter 8.
215. The board shall meet at least quarterly and at the call
22of the chairperson.
23 Sec. 2198. Section 20.6, subsection 1, Code 2023, is amended
24to read as follows:
251. Administer the provisions of this chapter and delegate
26the powers and duties of the board to the executive director or
27persons employed by the board, as appropriate.
28 Sec. 2199. Section 20.11, subsection 5, Code 2023, is
29amended to read as follows:
305. The board’s review of proposed decisions and the
31rehearing or judicial review of final decisions is governed by
32the provisions of chapter 17A.
33 Sec. 2200. Section 20.13, subsection 3, Code 2023, is
34amended by striking the subsection.
35 Sec. 2201. NEW SECTION. 20.34 Judicial review.
-1245- 1Notwithstanding chapter 17A, in a petition for judicial
2review of a decision of the board in a contested case under
3this chapter, the opposing party shall be named the respondent,
4and the board shall not be named as a respondent. Judicial
5review of agency action by the board under this chapter is not
6subject to chapter 17A.
7DIVISION VIII
8DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
9 Sec. 2202. Section 16.57B, subsection 4, Code 2023, is
10amended to read as follows:
114. Registration required. To be considered for a forgivable
12loan or grant under the program, a homeowner or renter must
13register for the disaster case management advocacy program
14established pursuant to section 29C.20B. The disaster case
15manager may refer the homeowner or renter to the appropriate
16local program administrator.
17 Sec. 2203. Section 29C.8, subsection 1, Code 2023, is
18amended to read as follows:
191. The department of homeland security and emergency
20management shall be under the management of a director who
21shall be appointed by the governor, subject to confirmation
22by the senate, and who shall serve at the pleasure of the
23governor.
24 Sec. 2204. Section 29C.20A, subsections 2, 4, and 5, Code
252023, are amended to read as follows:
262. The grant funds shall be administered by the department
27of human services. The department shall adopt rules to create
28the Iowa disaster aid individual assistance grant program. The
29rules shall specify the eligibility of applicants and eligible
30items for grant funding. The executive council shall use
31grant funds to reimburse the department of human services for
32its actual expenses associated with the administration of the
33grants. The department of human services may implement an
34ongoing contract with a provider or providers of a statewide
35program with local offices throughout the state to serve as the
-1246-1local administrative entity for the grant program so that the
2program can be implemented with minimal delay when a disaster
3occurs in a local area. The rules adopted by the department
4of human services for the program shall include but are not
5limited to all of the following:
6a. If a local administrative entity is under contract with
7the state to provide other services or is implementing a state
8or federal program and the contract contains a sufficient
9surety bond or other adequate financial responsibility
10provision, the department shall accept the existing surety
11bond or financial responsibility provision in lieu of applying
12a new or additional surety bond or financial responsibility
13requirement.
14b. If the president of the United States has declared a
15major disaster to exist in this state and federal aid is made
16available to provide assistance grants to individuals similar
17to that provided by the Iowa disaster aid individual assistance
18grant program, the Iowa program shall be discontinued.
19c. Authorization for the local administrative entity to draw
20grant funding to pay valid claims on at least a weekly basis.
214. A recipient of grant funding shall receive reimbursement
22for expenses upon presenting a receipt for an eligible expense
23or shall receive a voucher through a voucher system developed
24by the department of human services and administered locally
25within the designated disaster area. A voucher system shall
26ensure sufficient data collection to discourage and prevent
27fraud. The department shall consult with long-term disaster
28recovery committees and disaster recovery case management
29committees in developing a voucher system.
305. The department of human services shall submit an annual
31report, by January 1 of each year, to the legislative fiscal
32committee and the general assembly’s standing committees on
33government oversight concerning the activities of the grant
34program in the previous fiscal year.
35 Sec. 2205. Section 29C.20B, Code 2023, is amended to read
-1247-1as follows:
229C.20B Disaster case management advocacy grant fund and
3program.
41. a. A disaster case management advocacy grant fund is
5created in the state treasury for the use of the executive
6council. Moneys in the fund shall be expended if grants are
7awarded pursuant to section 29C.20A available following the
8governor’s proclamation of a state of disaster emergency or the
9declaration of a major disaster by the president of the United
10States.
11b. The executive council may make financial grants to
12meet disaster-related case management advocacy needs of
13disaster-affected individuals. The aggregate total of grants
14awarded shall not be more than one million dollars during a
15fiscal year. However, within the same fiscal year, additional
16funds may be specifically authorized by the executive council
17to meet additional needs. Upon request of the department of
18human services, the executive council may make available up to
19one hundred thousand dollars, or so much as is necessary, for
20contract entity staff support and case management training.
21c. The department of human services shall work with the
22department of homeland security and emergency management
23and, as selected by the department of human services, a
24representative representatives of selected nonprofit,
25voluntary, and faith-based organizations active in disaster
26recovery and response to establish a statewide system of
27disaster case management advocacy to be activated following
28the governor’s proclamation of a disaster emergency or the
29declaration of a major disaster by the president of the United
30States for individual assistance purposes.
312. The department of human services shall administer
32disaster case management advocacy grants. The department
33of human services, in conjunction with the department of
34homeland security and emergency management, shall establish
35a disaster case management advocacy program and adopt rules
-1248-1pursuant to chapter 17A necessary to administer the program.
2The executive council shall use grant moneys to reimburse the
3department of human services for actual expenses associated
4with the administration of the grants. Under the program, the
5department of human services shall coordinate case management
6 advocacy services locally through one or more contracted
7entities. The department of human services shall may implement
8an ongoing contract with a provider of a statewide program
9with local offices throughout the state to serve as the
10local administrative entity for the grant program to allow
11implementation of the program with minimal delay if grants are
12awarded pursuant to section 29C.20A following a governor’s
13proclamation of a state of disaster emergency or a declaration
14of a major disaster by the president of the United States.
153. The department of human services, in conjunction with the
16department of homeland security and emergency management and
17a representative in consultation with representatives of the
18Iowa voluntary organizations active in disaster, shall adopt
19rules pursuant to chapter 17A to create coordination mechanisms
20and standards for the establishment and implementation of
21a statewide system of disaster case management advocacy.
22The rules adopted by the department of human services for
23the program shall include but are not limited to all of the
24following:
25a. If a local administrative entity is under contract with
26the state to provide other services or is implementing a state
27or federal program and the contract contains a sufficient
28surety bond or other adequate financial responsibility
29provisions, the department shall accept the existing surety
30bond or financial responsibility provisions in lieu of applying
31a new or additional surety bond or financial responsibility
32requirement.
33b. Authorization for the local administrative entity to draw
34down grant funding to pay valid claims on at least a weekly
35basis.
-1249- 1c. Disaster case management advocacy standards.
2d. Disaster case management advocacy policies.
3e. Reporting requirements.
4f. Eligibility criteria.
5g. Coordination mechanisms necessary to carry out the
6services provided.
7h. Development of formal working relationships with agencies
8and creation of interagency agreements for those considered to
9provide disaster case management advocacy services.
10i. Establishment of nonduplication of benefits policies and
11mechanisms for the exchange of information between agencies to
12ensure compliance with the federal Health Insurance Portability
13and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
141936 (1996).
15j. Referral to all known available services for individuals
16from multiple agencies in coordinated service locations.
174. By January 1 of each year, the department of human
18services shall submit an annual written report to the
19legislative fiscal committee and the general assembly’s
20standing committees on government oversight concerning the
21activities of the grant program during the previous fiscal
22year.
23DIVISION IX
24DEPARTMENT OF VETERANS AFFAIRS
25 Sec. 2206. Section 7E.5, subsection 1, paragraph v, Code
262023, is amended to read as follows:
27v. The department of veterans affairs. However, the
28commission of veterans affairs created in section 35A.2 shall
29have created in section 35A.4, which has primary responsibility
30for state veterans affairs.
31 Sec. 2207. Section 11.5B, subsection 7, Code 2023, is
32amended to read as follows:
337. Iowa veterans home Department of veterans affairs.
34 Sec. 2208. Section 16.2D, subsection 2, paragraph b,
35subparagraph (9), Code 2023, is amended to read as follows:
-1250- 1(9) The director commandant of the department of veterans
2affairs or the director’s commandant’s designee.
3 Sec. 2209. Section 35A.1, subsection 1, Code 2023, is
4amended to read as follows:
51. “Commandant” means the commandant of the Iowa veterans
6home appointed in section 35D.13 appointed pursuant to section
735A.8.
8 Sec. 2210. Section 35A.1, subsection 5, Code 2023, is
9amended by striking the subsection.
10 Sec. 2211. Section 35A.2, subsections 1 and 3, Code 2023,
11are amended to read as follows:
121. A commission of veterans affairs is created consisting of
13eleven persons who shall be appointed by the governor, subject
14to confirmation by the senate. Members shall be appointed to
15staggered terms of four years beginning and ending as provided
16in section 69.19. The governor shall fill a vacancy for the
17unexpired portion of the term. In addition to the members
18appointed by the governor, the director of the department and
19 the commandant of the Iowa veterans home shall serve as a
20 nonvoting, ex officio members member of the commission.
213. a. The commissioners are entitled to receive
22reimbursement for actual expenses incurred while engaged in the
23performance of official duties. Each member of the commission
24may also be eligible to receive compensation as provided in
25section 7E.6.
26b. The executive director, commandant, and employees of the
27department and the Iowa veterans home are entitled to receive,
28in addition to salary, reimbursement for actual expenses
29incurred while engaged in the performance of official duties.
30c. All out-of-state travel by commissioners shall be
31approved by the chairperson of the commission.
32 Sec. 2212. Section 35A.3, subsection 4, Code 2023, is
33amended by striking the subsection and inserting in lieu
34thereof the following:
354. Review and approve applications for distributions
-1251-1of moneys from the veterans license fee fund pursuant to
2section 35A.11 and the veterans trust fund pursuant to section
335A.13 for the benefit of veterans, spouses of veterans, and
4dependents of veterans.
5 Sec. 2213. Section 35A.4, Code 2023, is amended to read as
6follows:
735A.4 Department established.
8There is established an Iowa department of veterans affairs
9which shall consist of a commandant, a commission, an executive
10director, and any additional personnel as employed by the
11executive director commandant.
12 Sec. 2214. Section 35A.5, subsection 10, paragraph d, Code
132023, is amended to read as follows:
14d. The department through the director commandant shall have
15the authority to accept suitable cemetery land, in accordance
16with federal veterans cemetery grant guidelines, from the
17federal government, state government, state subdivisions,
18private sources, and any other source wishing to transfer land
19for use as a veterans cemetery.
20 Sec. 2215. Section 35A.5, subsection 12, Code 2023, is
21amended to read as follows:
2212. Adopt rules pursuant to chapter 17A and establish policy
23for the management and operation of the department, for the
24facilitation of programs under the department’s authority, and
25for the performance of duties established under this section.
26Prior to adopting rules, the department shall submit proposed
27rules to the commission for review and approval pursuant to the
28requirements of section 35A.3.
29 Sec. 2216. Section 35A.8, Code 2023, is amended to read as
30follows:
3135A.8 Executive director Commandant — term — duties.
321. The governor shall appoint an executive director a
33commandant, subject to confirmation by the senate, who shall
34serve at the pleasure of the governor. The executive director
35 commandant is responsible for administering the duties of the
-1252-1department and the commission other than those related to the
2Iowa veterans home.
32. The executive director commandant shall be a resident
4of the state of Iowa and an honorably discharged veteran who
5served in the armed forces of the United States during a
6conflict or war. As used in this section, the dates of service
7in a conflict or war shall coincide with the dates of service
8established by the Congress of the United States.
93. Except for the employment duties and responsibilities
10assigned to the commandant for the Iowa veterans home, the
11executive director The commandant shall employ such personnel
12as are necessary for the performance of the duties and
13responsibilities assigned to the department and the commission.
14All employees shall be selected on a basis of fitness for
15the work to be performed with due regard to training and
16experience and shall be subject to the provisions of chapter
178A, subchapter IV.
18 Sec. 2217. Section 35D.1, subsection 2, Code 2023, is
19amended to read as follows:
202. As used in this chapter:
21a. “Commandant” means the commandant of the Iowa veterans
22home appointed pursuant to section 35D.13 35A.8.
23b. “Commission” means the commission of veterans affairs
24established in section 35A.2.
25c. “Department” means the department of veterans affairs
26established in section 35A.4.
27c. d. “Member” means a patient or resident of the home.
28 Sec. 2218. Section 35D.5, Code 2023, is amended to read as
29follows:
3035D.5 Surviving spouses of veterans.
31If a deceased veteran, who would be entitled to admission
32to the home if the deceased veteran were living, has left a
33surviving spouse, the spouse is entitled to admission to the
34home with the same rights, privileges, and benefits as if the
35veteran were living and a member of the home, if the spouse
-1253-1was married to the veteran for at least one year immediately
2prior to the veteran’s death, is found by the commandant
3 department to be disabled, meets the qualifications for nursing
4or residential level of care, and is a resident of the state of
5Iowa on the date of the application and immediately preceding
6the date the application is accepted.
7 Sec. 2219. Section 35D.7, Code 2023, is amended to read as
8follows:
935D.7 Contributing to own support.
101. Except as otherwise provided in chapter 249A and other
11provisions of this chapter, a member of the home who receives
12a pension, compensation, or gratuity from the United States
13government, or income from any source of more than one hundred
14forty dollars per month, shall contribute to the member’s own
15maintenance or support while a member of the home. The amount
16of the contribution and the method of collection shall be
17determined by the commandant department, but the amount shall
18in no case exceed the actual cost of keeping and maintaining
19the person in the home.
202. Sums paid to and received by the commandant department
21 for the support of members of the home shall be considered
22repayment receipts as defined in section 8.2 and credited to
23the Iowa veterans home account referred to in section 35D.18,
24subsection 3.
253. The commandant department may allow any member of the
26home to render assistance in the care of the home and its
27grounds as the member’s psychosocial and physical condition
28permit, as a phase of that member’s rehabilitation program.
29The commandant department shall compensate each member who
30furnishes assistance at rates approved by the commission.
31 Sec. 2220. Section 35D.10, Code 2023, is amended to read as
32follows:
3335D.10 Payment to spouse.
34Except as otherwise provided in chapter 249A and other
35provisions of this chapter, a member of the home who receives a
-1254-1pension or compensation and who has a spouse shall deposit with
2the commandant department on receipt of the member’s pension or
3compensation check one-half of its amount, which shall be sent
4by the eighth day of the month or at once if any such pension
5or compensation is received after the eighth day of the month
6to the spouse.
7 Sec. 2221. Section 35D.11, Code 2023, is amended to read as
8follows:
935D.11 Handling of pension money and other funds.
101. Pension money deposited with the commandant department
11 is not assignable for any purpose except as provided in section
1235D.10, or in accordance with subsection 2 of this section.
132. The commandant department, if authorized by a member of
14the home, and pursuant to policies adopted by the commission,
15may act on behalf of that member in receiving, disbursing, and
16accounting for personal funds of the member received from any
17source. The authorization may be given by the member at any
18time and shall not be a condition of admission to the home.
19 Sec. 2222. Section 35D.12, Code 2023, is amended to read as
20follows:
2135D.12 Bank account for members’ deposits.
221. a. The Iowa veterans home, for the convenience of its
23members, may maintain a commercial account with a federally
24insured bank for the individual personal deposits of its
25members. The account shall be known as the Iowa veterans
26home membership account. The commandant department shall
27record each member’s personal deposits individually and shall
28deposit the funds in the membership account, where the members’
29deposits shall be held in the aggregate.
30b. The Iowa veterans home may withdraw moneys from the
31account maintained pursuant to this subsection to establish
32certificates of deposit for the benefit of all members. The
33commission department shall adopt rules pursuant to chapter 17A
34for the administration of this paragraph.
352. The commandant department, if authorized by a member of
-1255-1the home, and pursuant to policies adopted by the commission,
2may make withdrawals against that member’s personal account to
3pay regular bills and other expenses incurred by the member.
4The authorization may be given by the member at any time and
5shall not be a condition of admission to the home.
6 Sec. 2223. Section 35D.15, subsection 1, Code 2023, is
7amended to read as follows:
81. The commandant shall administer and enforce all rules
9adopted by the commission, including rules of discipline and,
10subject to these rules, may immediately suspend the membership
11of and discharge any person from the home for infraction of
12the rules when the commandant department determines that the
13health, safety, or welfare of the residents of the home is in
14immediate danger and other reasonable alternatives have been
15exhausted. The suspension and discharge are temporary pending
16action by the commission. Judicial review of the action of the
17commission may be sought in accordance with chapter 17A.
18 Sec. 2224. Section 35D.15, subsection 2, paragraphs a, b, d,
19and f, Code 2023, are amended to read as follows:
20a. The commandant department shall, with the input
21and recommendation of the interdisciplinary resident care
22committee, involuntarily discharge a member for any of the
23following reasons:
24(1) (a) The member has been diagnosed with a substance use
25disorder but continues to abuse alcohol or an illegal drug in
26violation of the member’s conditional or provisional agreement
27entered into at the time of admission, and all of the following
28conditions are met:
29(i) The member has been provided sufficient notice of any
30changes in the member’s collaborative care plan.
31(ii) The member has been notified of the member’s commission
32of three offenses and has been given the opportunity to correct
33the behavior through either of the following options:
34(A) Being given the opportunity to receive the appropriate
35level of treatment in accordance with best practices for
-1256-1standards of care.
2(B) By having been placed on probation by the Iowa veterans
3home for a second offense.
4(b) Notwithstanding the member’s meeting the criteria
5for discharge under this subparagraph (1), if the member
6has demonstrated progress toward the goals established in
7the member’s collaborative care plan, the interdisciplinary
8resident care committee and the commandant department may
9exercise discretion regarding the discharge. Notwithstanding
10any provision to the contrary, the member may be immediately
11discharged under this subparagraph (1) if the member’s actions
12or behavior jeopardizes the life or safety of other members or
13staff.
14(2) (a) The member refuses to utilize the resources
15available to address issues identified in the member’s
16collaborative care plan, and all of the following conditions
17are met:
18(i) The member has been provided sufficient notice of any
19changes in the member’s collaborative care plan.
20(ii) The member has been notified of the member’s commission
21of three offenses and the member has been placed on probation
22by the Iowa veterans home for a second offense.
23(b) Notwithstanding the member’s meeting the criteria
24for discharge under this subparagraph (2), if the member
25has demonstrated progress toward the goals established in
26the member’s collaborative care plan, the interdisciplinary
27resident care committee and the commandant department may
28exercise discretion regarding the discharge. Notwithstanding
29any provision to the contrary, the member may be immediately
30discharged if the member’s actions or behavior jeopardizes the
31life or safety of other members or staff.
32(3) The member no longer requires a residential or nursing
33level of care, as determined by the interdisciplinary resident
34care committee.
35(4) The member requires a level of licensed care not
-1257-1provided at the Iowa veterans home.
2b. (1) If a member is discharged under this subsection,
3the discharge plan shall include placement in a suitable
4living situation which may include but is not limited to
5a transitional living program approved by the commission
6or a living program provided by the United States veterans
7administration.
8(2) If a member is involuntarily discharged under this
9subsection, the commission department shall, to the greatest
10extent possible, ensure against the veteran being homeless and
11ensure that the domicile to which the veteran is discharged is
12fit and habitable and offers a safe and clean environment which
13is free from health hazards and provides appropriate heating,
14ventilation, and protection from the elements.
15d. Annually, by the fourth Monday of each session of the
16general assembly, the commandant department shall submit a
17report to the veterans affairs committees of the senate and
18house of representatives specifying the number, circumstances,
19and placement of each member involuntarily discharged from the
20Iowa veterans home under this subsection during the previous
21calendar year.
22f. Any involuntary discharge by the commandant department
23 under this subsection shall comply with the rules adopted by
24the commission under this subsection and by the department of
25inspections and appeals pursuant to section 135C.14, subsection
268, paragraph “f”.
27 Sec. 2225. Section 35D.17, Code 2023, is amended to read as
28follows:
2935D.17 Report by commandant department.
30The commandant department shall, biennially, make a full
31and detailed report to the governor, the commission, and the
32general assembly, showing the condition of the home, the
33number of members in the Iowa veterans home, the order and
34discipline enforced, and the needs of the home financially and
35otherwise, together with an itemized statement of all receipts
-1258-1and disbursements and any other matters of importance in the
2management and control of the Iowa veterans home.
3 Sec. 2226. REPEAL. Sections 35D.13 and 35D.14, Code 2023,
4are repealed.
5DIVISION X
6OFFICE OF DRUG CONTROL POLICY
7 Sec. 2227. Section 80.4, subsection 1, Code 2023, is amended
8by adding the following new paragraph:
9 NEW PARAGRAPH. g. Office of drug control policy.
10 Sec. 2228. Section 80.5, Code 2023, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 10. The department shall receive and review
13the budget submitted by the drug policy director and assist the
14drug policy director in directing the office of drug control’s
15policy pursuant to section 80E.1.
16 Sec. 2229. Section 80E.1, Code 2023, is amended to read as
17follows:
1880E.1 Drug policy coordinator director.
191. The office of drug control policy is established in
20the department of public safety.A drug policy coordinator
21 director shall be appointed by the governor, subject to
22confirmation by the senate, and shall serve at the pleasure of
23the governor commissioner of the department of public safety.
24The governor shall fill a vacancy in the office in the same
25manner as the original appointment was made. The coordinator
26 director shall be selected primarily for administrative
27ability. The coordinator director shall not be selected on
28the basis of political affiliation and shall not engage in
29political activity while holding the office. The salary of the
30coordinator shall be fixed by the governor.
312. The coordinator director shall:
32a. Direct the governor’s office of drug control policy,
33and coordinate and monitor all statewide drug enforcement
34efforts, coordinate and monitor all state and federal substance
35use disorder treatment grants and programs, coordinate and
-1259-1monitor all statewide substance abuse use prevention and
2education programs in communities and schools, and engage
3in such other related activities as required by law. The
4coordinator director shall work in coordinating the efforts of
5the department of corrections, the department of education,
6the Iowa department of public health, the department of public
7safety, and the department of health and human services. The
8coordinator director shall assist in the development and
9implementation of local and community strategies to fight
10substance abuse, including local law enforcement, education,
11and treatment activities.
12b. Submit an annual report to the governor and general
13assembly by November 1 of each year concerning the activities
14and programs of the coordinator director and other departments
15related to drug enforcement, substance use disorder treatment
16programs, and substance abuse use prevention and education
17programs. The report shall include an assessment of needs with
18respect to programs related to substance use disorder treatment
19and drug enforcement.
20c. Submit an advisory budget recommendation to the governor
21and general assembly concerning enforcement programs, treatment
22programs, and education programs related to drugs within the
23various departments. The coordinator director shall work
24with these departments in developing the departmental budget
25requests to be submitted to the legislative services agency and
26the general assembly.
273. The governor’s office of drug control policy shall be
28an independent office, located at the same location as the
29department of public safety. Administrative support services
30may shall be provided to the governor’s office of drug control
31policy by the department of public safety.
32 Sec. 2230. Section 80E.2, subsection 1, paragraphs a and f,
33Code 2023, are amended to read as follows:
34a. The drug policy coordinator director, who shall serve as
35chairperson of the council.
-1260- 1f. The director of the department of health and human
2services, or the director’s designee.
3 Sec. 2231. Section 80E.4, Code 2023, is amended to read as
4follows:
580E.4 Drug abuse resistance education fund.
6A drug abuse resistance education fund is created as a
7separate fund in the state treasury under the control of the
8governor’s office department of public safety for the office
9 of drug control policy for use by the drug abuse resistance
10education program and other programs with a similar purpose.
11The fund shall consist of appropriations made to the fund
12and transfers of interest, moneys collected from the crime
13services surcharge established in section 911.1, and earnings.
14All moneys in the fund are appropriated to the governor’s
15office of drug control policy department of public safety.
16Notwithstanding section 8.33, any balance in the fund on June
1730 of any fiscal year shall not revert to any other fund of the
18state but shall remain available for the purposes described in
19this section.
20 Sec. 2232. Section 124.101, subsection 22, Code 2023, is
21amended to read as follows:
2222. “Office” means the governor’s office of drug control
23policy, as referred to in section 80E.1.
24DIVISION XI
25DEPARTMENT OF WORKFORCE DEVELOPMENT
26PRIMARY DEPARTMENT RESPONSIBILITIES
27 Sec. 2233. Section 84A.5, subsection 3, Code 2023, is
28amended to read as follows:
293. The department of workforce development is responsible
30for administration of unemployment compensation benefits
31and collection of employer contributions under chapter 96,
32providing for the delivery of free public employment services
33established pursuant to chapter 96, other job placement and
34training programs established pursuant to section 84A.6,
35employment agencies under chapter 84H, and the delivery of
-1261-1services located throughout the state.
2 Sec. 2234. Section 84A.5, subsection 7, Code 2023, is
3amended by adding the following new paragraphs:
4 NEW PARAGRAPH. f. The statewide work-based learning
5intermediary network program under section 84A.16.
6 NEW PARAGRAPH. g. The new jobs training program under
7chapter 260E, in consultation with the community colleges.
8 NEW PARAGRAPH. h. The Iowa jobs training act under chapter
9260F.
10 NEW PARAGRAPH. i. The workforce development fund program
11under chapter 84F.
12 NEW PARAGRAPH. j. The accelerated career education
13program under chapter 260G, in coordination with the community
14colleges.
15 NEW PARAGRAPH. k. The older American community service
16employment program under section 84A.17.
17 NEW PARAGRAPH. l. The apprenticeship training program under
18chapter 84D.
19 NEW PARAGRAPH. m. The future ready Iowa registered
20apprenticeship development program under section 84E.1.
21 NEW PARAGRAPH. n. The future ready Iowa expanded registered
22apprenticeship opportunities program under section 84E.2.
23 NEW PARAGRAPH. o. Adult education and literacy programs
24under section 84A.19.
25REGIONAL INDUSTRY SECTOR PARTNERSHIPS
26 Sec. 2235. Section 260H.2, subsection 2, Code 2023, is
27amended to read as follows:
282. a. A pathways for academic career and employment fund is
29created for the community colleges in the state treasury to be
30administered by the department of education and the department
31of workforce development. The moneys in the pathways for
32academic career and employment fund are appropriated to the
33department of education for the pathways for academic career
34and employment program.
35b. Commencing with the fiscal year beginning July 1,
-1262-12023, of the moneys in the pathways for academic career and
2employment fund, there is annually appropriated two hundred
3thousand dollars to the department of workforce development for
4the development and implementation of regional industry sector
5partnerships under section 260H.7B, and the remaining moneys in
6the fund shall be appropriated to the department of education
7for the pathways for academic career and employment program.
8b. c. The aggregate total of grants awarded from the
9pathways for academic career and employment fund during a
10fiscal year shall not be more than five million dollars.
11c. d. Moneys in the fund appropriated to the department of
12education under paragraph “b” shall be allocated pursuant to
13the formula established in section 260C.18C. Notwithstanding
14section 8.33, moneys in the fund at the close of the fiscal
15year shall not revert to the general fund of the state but
16shall remain available for expenditure for the purpose
17designated for subsequent fiscal years. Notwithstanding
18section 12C.7, subsection 2, interest or earnings on moneys in
19the fund shall be credited to the fund.
20 Sec. 2236. Section 260H.7B, Code 2023, is amended to read
21as follows:
22260H.7B Regional industry sector partnerships.
231. A community college and the department of workforce
24development may use moneys for the pathways for academic career
25and employment program to provide staff and support for the
26development and implementation of a regional industry sector
27partnerships partnership within the each region served by
28the each community college. For purposes of this section,
29“community college” means the same as defined in section 260C.2.
302. Regional, A regional industry sector partnerships
31 partnership may include but are engage in but is not limited to
32the following activities:
33a. Bringing together Collaborating with representatives
34from industry sectors, government, education, local workforce
35boards, community-based organizations, labor, economic
-1263-1development organizations, and other stakeholders within the
2regional labor market to determine how pathways for academic
3career and employment projects should address workforce skills
4gaps, occupational shortages, and wage gaps.
5b. Integrating pathways for academic career and employment
6projects and other existing supply-side strategies with
7workforce needs within the region served by the community
8college in that region.
9c. Developing pathways for academic career and employment
10projects that focus on the workforce skills, from entry level
11to advanced, required by industry sectors within the region
12served by the community college.
13d. Structuring pathways so that instruction and learning of
14 workforce skills are aligned with industry-recognized standards
15where such standards exist.
16 Sec. 2237. Section 260H.8, Code 2023, is amended to read as
17follows:
18260H.8 Rules.
19The department of education, in consultation with the
20community colleges, the economic development authority, and the
21department of workforce development, shall adopt rules pursuant
22to chapter 17A and this chapter to implement the provisions of
23 this chapter. Local workforce development boards established
24pursuant to section 84A.4 shall be consulted in the development
25and implementation of rules to be adopted pursuant to this
26chapter section.
27 Sec. 2238. CODE EDITOR DIRECTIVE.
281. The Code editor is directed to make the following
29transfer:
30Section 260H.7B to section 84A.15.
312. The Code editor shall correct internal references in the
32Code and in any enacted legislation as necessary due to the
33enactment of this section.
34 Sec. 2239. TRANSITION PROVISIONS. A regional industry
35sector partnership entered into by a community college prior
-1264-1to the effective date of this division of this Act shall be
2valid and continue per the terms of the agreement between the
3community college and the partnership.
4STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK
5 Sec. 2240. Section 256.40, Code 2023, is amended to read as
6follows:
7256.40 Statewide work-based learning intermediary network —
8fund — steering committee — regional networks.
91. A statewide work-based learning intermediary network
10program is established in the department of workforce
11development and shall be administered by the department. A
12separate, statewide work-based learning intermediary network
13fund is created in the state treasury under the control of the
14department of workforce development. The fund shall consist
15of all moneys deposited in the fund, including any moneys
16appropriated by the general assembly and any other moneys
17available to and obtained or accepted by the department of
18workforce development from federal or private sources for
19purposes of the program. Notwithstanding section 8.33, moneys
20in the fund at the end of a fiscal year shall not revert to
21the general fund of the state. Notwithstanding section 12C.7,
22subsection 2, interest or earnings on moneys in the fund shall
23be credited to the fund.
242. The purpose of the program shall be to prepare students
25for the workforce by connecting business and the education
26system facilitating cooperation and collaboration between
27businesses and entities within the state system of education,
28as that state system of education is described in section
29256.1, subsection 1, and offering to offer relevant, work-based
30learning activities to students and teachers. The program
31shall do all of the following:
32a. Better prepare Prepare students to make informed
33postsecondary education and career decisions.
34b. Provide communication and coordination in order to build
35and sustain relationships between employers and local youth,
-1265-1the state system of education system, and the community at
2large.
3c. Connect students to local career opportunities within the
4state, creating economic capital for the region state using a
5skilled and available workforce.
6d. Provide a one-stop contact point for information
7useful to both educators and employers, including information
8on related to internships, job shadowing experiences,
9apprenticeable occupations as defined in section 15B.2,
10and other workplace learning opportunities for students,
11particularly including those related to occupations in
12 science, technology, engineering, or mathematics occupations,
13occupations related to critical infrastructure, and commercial
14and residential construction, or and targeted industries as
15defined in section 15.102.
16e. Integrate services provided through the program with
17other career exploration-related activities, which may include
18but are not limited to the a student’s career and academic
19plans and career information and decision-making systems
20utilized in accordance with under section 279.61.
21f. Facilitate the attainment of portable credentials of
22value to employers such as the national career readiness
23certificate, where appropriate.
24g. Develop work-based capacity with employers.
25h. Provide core services, which may include student job
26shadowing, student internships, and teacher or student tours.
273. a. The department of workforce development shall
28establish and facilitate a steering committee comprised of
29representatives from the department of workforce development
30 education, the economic development authority, the community
31colleges, the institutions under the control of the state board
32of regents, accredited private institutions, area education
33agencies, school districts, the workplace learning connection,
34and an apprenticeship sponsor as defined in section 15B.2. The
35steering committee shall be responsible for the development
-1266-1and implementation of the statewide work-based learning
2intermediary network.
34. b. The steering committee shall develop a design for
4a statewide network comprised of fifteen regional work-based
5learning intermediary networks. The design shall include
6network specifications, strategic functions, and desired
7outcomes. The steering committee shall recommend program
8parameters and reporting requirements to the department of
9workforce development.
105. 4. Each regional network shall establish an advisory
11council to provide advice and assistance to the regional
12network. The advisory council shall include representatives of
13business and industry, including construction trade industry
14professionals, and shall meet at least annually.
156. 5. Each regional network or consortium of networks shall
16annually submit a work-based learning plan to the department of
17workforce development. Each plan shall include provisions to
18provide core services referred to in subsection 2, paragraph
19“h”, to all school districts within the region and for the
20integration of job shadowing and other work-based learning
21activities into secondary career and technical education
22programs.
237. 6. a. Moneys Upon approval by the department of
24workforce development of a region’s work-based learning plan
25submitted pursuant to subsection 5, moneys deposited in the
26statewide work-based learning intermediary network fund created
27in subsection 1 shall be distributed annually by the department
28of workforce development to each region for the implementation
29of the statewide work-based learning intermediary network upon
30approval by the department of the region’s work-based learning
31plan submitted pursuant to subsection 6.
32b. If the balance in the statewide work-based learning
33intermediary network fund on July 1 of a fiscal year is one
34million five hundred thousand dollars or less, the department
35of workforce development shall distribute moneys in the fund to
-1267-1regions or consortiums of regions on a competitive basis. If
2the balance in the statewide work-based learning intermediary
3network fund on July 1 of a fiscal year is greater than one
4million five hundred thousand dollars, the department of
5workforce development shall distribute one hundred thousand
6dollars to each region and distribute the remaining moneys
7pursuant to the same formula established for distribution of
8funds by the department of education in section 260C.18C.
98. 7. The department of workforce development shall provide
10oversight of the statewide work-based learning intermediary
11network. The department of workforce development shall require
12each region to submit an annual report on its the region’s
13 ongoing implementation of the statewide work-based learning
14intermediary network program to the department.
159. 8. Each regional network shall match the moneys received
16pursuant to subsection 7 6 with financial resources equal to at
17least twenty-five percent of the amount of the moneys received
18pursuant to subsection 7 6. The financial resources used
19to provide the match may include private donations, in-kind
20contributions, or public moneys other than the moneys received
21pursuant to subsection 7 6.
2210. 9. The state board of education department of workforce
23development shall adopt rules under chapter 17A for the
24administration of this section.
25 Sec. 2241. CODE EDITOR DIRECTIVE.
261. The Code editor is directed to make the following
27transfer:
28Section 256.40, as amended in this division of this Act, to
29section 84A.16.
302. The Code editor shall correct internal references in the
31Code and in any enacted legislation as necessary due to the
32enactment of this section.
33INDUSTRIAL NEW JOBS TRAINING
34 Sec. 2242. Section 15A.7, subsection 3, Code 2023, is
35amended to read as follows:
-1268- 13. That the employer shall agree to pay wages for the jobs
2for which the credit is taken of at least the laborshed wage,
3as calculated by the authority pursuant to section 15.327,
4subsection 15. For purposes of this subsection, “laborshed
5wage” means the wage level represented by those wages within
6two standard deviations from the mean wage within the laborshed
7area in which the eligible business is located, as calculated
8by the department of workforce development by rule, using the
9most current covered wage and employment data available to
10the department for the laborshed area.Eligibility for the
11supplemental credit shall be based on a one-time determination
12of starting wages by the community college.
13 Sec. 2243. Section 260E.7, Code 2023, is amended to read as
14follows:
15260E.7 Program review by economic development authority
16 department of workforce development.
171. The economic development authority department of
18workforce development, in consultation with the department of
19education, and the department of revenue, and the department
20of workforce development, shall coordinate and review the new
21jobs training program. The economic development authority
22 department of workforce development shall adopt, amend, and
23repeal rules under chapter 17A that the community college will
24use in developing projects with new and expanding industrial
25new jobs training proposals and that the economic development
26authority department of workforce development shall use to
27review and report on the new jobs training program as required
28in this section.
292. a. The authority department of workforce development,
30in consultation with the community colleges participating
31in the new jobs training program pursuant to this chapter,
32shall identify the information necessary to effectively
33coordinate and review the program, and the community colleges
34shall provide such information to the authority department.
35Using the information provided, the authority department, in
-1269-1consultation with the community colleges, shall issue a report
2on the effectiveness of the program.
3b. In coordinating and reviewing the program, the department
4of workforce development shall give due regard shall be given
5 to the confidentiality of certain information provided by the
6community colleges, and the authority shall comply with the
7provisions of section 15.118 to the extent that such provisions
8are applicable to the new jobs training program.
93. The authority department of workforce development
10 is authorized to make any rule that is adopted, amended,
11or repealed effective immediately upon filing with the
12administrative rules coordinator or at a subsequent stated date
13prior to indexing and publication, or at a stated date less
14than thirty-five days after filing, indexing, and publication.
15 Sec. 2244. Section 403.21, subsections 2 and 3, Code 2023,
16are amended to read as follows:
172. The community college shall send a copy of the final
18agreement prepared pursuant to section 260E.3 to the economic
19development authority department of workforce development.
20For each year in which incremental property taxes are used to
21pay job training certificates issued for a project creating
22new jobs, the community college shall provide to the economic
23development authority department of workforce development
24 a report of the incremental property taxes and new jobs
25credits from withholding generated for that year, a specific
26description of the training conducted, the number of employees
27provided program services under the project, the median
28wage of employees in the new jobs in the project, and the
29administrative costs directly attributable to the project.
303. For each year in which incremental property taxes are
31used to retire debt service on a jobs training advance issued
32for a project creating new jobs, the community college shall
33provide to the economic development authority department of
34workforce development a report of the incremental property
35taxes and new jobs credits from withholding generated for that
-1270-1year, a specific description of the training conducted, the
2number of employees provided services under the project, the
3median wage of employees in the new jobs in the project, and
4the administrative costs directly attributable to the project.
5 Sec. 2245. Section 422.16A, Code 2023, is amended to read
6as follows:
7422.16A Job training withholding — certification and
8transfer.
9Upon the completion by a business of its repayment
10obligation for a training project funded under chapter 260E,
11including a job training project funded under section 15A.8
12or repaid in whole or in part by the supplemental new jobs
13credit from withholding under section 15A.7 or section 15E.197,
14Code 2014, the sponsoring community college shall report to
15the economic development authority department of workforce
16development the amount of withholding paid by the business
17to the community college during the final twelve months of
18withholding payments. The economic development authority
19 department of workforce development shall notify the department
20of revenue of that amount. The department of revenue shall
21credit to the workforce development fund account established in
22section 15.342A twenty-five percent of that amount each quarter
23for a period of ten years. If the amount of withholding from
24the business or employer is insufficient, the department of
25revenue shall prorate the quarterly amount credited to the
26workforce development fund account. The maximum amount from
27all employers which shall be transferred to the workforce
28development fund account in any year is seven million seven
29hundred fifty thousand dollars.
30 Sec. 2246. REPEAL. Sections 15.251 and 15.252, Code 2023,
31are repealed.
32 Sec. 2247. CODE EDITOR DIRECTIVE.
331. The Code editor is directed to make the following
34transfers:
35a. Section 15A.7 to section 260J.1.
-1271- 1b. Section 15A.8 to section 260J.2.
22. The Code editor shall correct internal references in the
3Code and in any enacted legislation as necessary due to the
4enactment of this section.
5JOB TRAINING
6 Sec. 2248. Section 260F.2, subsection 2, Code 2023, is
7amended by striking the subsection.
8 Sec. 2249. Section 260F.2, subsections 4, 5, and 11, Code
92023, are amended to read as follows:
104. “Date of commencement of the project” means the date
11of the preliminary agreement or the date an application for
12assistance is received by the authority department.
135. “Eligible business” or “business” means a business
14training employees which is engaged in interstate or intrastate
15commerce for the purpose of manufacturing, processing, or
16assembling products, conducting research and development, or
17providing services in interstate commerce, but excludes retail,
18health, or professional services and which meets the other
19criteria established by the authority department. “Eligible
20business” does not include a business whose training costs can
21be economically funded under chapter 260E, a business which
22closes or substantially reduces its employment base in order
23to relocate substantially the same operation to another area
24of the state, or a business which is involved in a strike,
25lockout, or other labor dispute in Iowa.
2611. “Project” means a training arrangement which is the
27subject of an agreement entered into between the community
28college and a business to provide program services. “Project”
29also means a training arrangement which is sponsored by the
30authority department and administered under sections 260F.6A
31and 260F.6B.
32 Sec. 2250. Section 260F.2, Code 2023, is amended by adding
33the following new subsection:
34 NEW SUBSECTION. 4A. “Department” means the department of
35workforce development.
-1272-1 Sec. 2251. Section 260F.3, subsection 5, Code 2023, is
2amended to read as follows:
35. Other criteria established by the department of
4education.
5 Sec. 2252. Section 260F.6, subsections 1 and 2, Code 2023,
6are amended to read as follows:
71. There is established for the community colleges a job
8training fund in the economic development authority department
9of workforce development in the workforce development fund
10established in section 15.342A. The job training fund consists
11of moneys appropriated for the purposes of this chapter plus
12the interest and principal from repayment of advances made to
13businesses for program costs, plus the repayments, including
14interest, of loans made from that retraining fund, and interest
15earned from moneys in the job training fund.
162. To provide funds for the present payment of the costs
17of a training program by the business, the community college
18may provide to the business an advance of the moneys to be used
19to pay for the program costs as provided in the agreement.
20To receive the funds for this advance from the job training
21fund established in subsection 1, the community college shall
22submit an application to the authority department. The amount
23of the advance shall not exceed fifty thousand dollars for
24any business site, or one hundred thousand dollars within
25a three-fiscal-year period for any business site. If the
26project involves a consortium of businesses, the maximum award
27per project shall not exceed one hundred thousand dollars.
28Participation in a consortium does not affect a business
29site’s eligibility for individual project assistance. Prior
30to approval a business shall agree to match program amounts
31in accordance with criteria established by the authority
32 department.
33 Sec. 2253. Section 260F.6A, Code 2023, is amended to read
34as follows:
35260F.6A Business network training projects.
-1273- 1The community colleges and the authority department are
2authorized to fund business network training projects which
3include five or more businesses and are located in two or more
4community college districts. A business network training
5project must have a designated organization or lead business
6to serve as the administrative entity that will coordinate the
7training program. The businesses must have common training
8needs and develop a plan to meet those needs. The authority
9 department shall adopt rules governing this section’s operation
10and participant eligibility.
11 Sec. 2254. Section 260F.6B, Code 2023, is amended to read
12as follows:
13260F.6B High technology apprenticeship program.
14The community colleges and the authority department
15 are authorized to fund high technology apprenticeship
16programs which comply with the requirements specified in
17section 260C.44 and which may include both new and statewide
18apprenticeship programs. Notwithstanding the provisions
19of section 260F.6, subsection 2, relating to maximum award
20amounts, moneys allocated to the community colleges with high
21technology apprenticeship programs shall be distributed to the
22community colleges based upon contact hours under the programs
23administered during the prior fiscal year as determined by
24the department of education. The authority department shall
25adopt rules governing this section’s operation and participant
26eligibility.
27 Sec. 2255. Section 260F.7, Code 2023, is amended to read as
28follows:
29260F.7 Authority to coordinate Coordination — department of
30workforce development.
31The authority department, in consultation with the
32department of education and the department of workforce
33development, shall coordinate the jobs training program. A
34project shall not be funded under this chapter unless the
35authority department approves the project. The authority
-1274-1 department shall adopt rules pursuant to chapter 17A governing
2the program’s operation and eligibility for participation in
3the program. The authority department shall establish by rule
4criteria for determining what constitutes an eligible business.
5 Sec. 2256. Section 260F.8, subsection 1, Code 2023, is
6amended to read as follows:
71. For each fiscal year, the authority department shall
8make funds available to the community colleges. The authority
9 department shall allocate by formula from the moneys in
10the fund an amount for each community college to be used to
11provide the financial assistance for proposals of businesses
12whose applications have been approved by the authority
13 department. The financial assistance shall be provided by
14the authority department from the amount set aside for that
15community college. If any portion of the moneys set aside for
16a community college have not been used or committed by May
171 of the fiscal year, that portion is available for use by
18the authority department to provide financial assistance to
19businesses applying to other community colleges. The authority
20 department shall adopt by rule a formula for this set-aside.
21 Sec. 2257. TRANSITION PROVISIONS.
221. A project that is entered into by a community college
23and a business under section 260F.3 prior to the effective date
24of this division of this Act shall be valid and continue as
25provided in the terms of the agreement.
262. A project sponsored by and administered under section
27260F.6A or 260F.6B by the economic development authority prior
28to the effective date of this division of this Act shall be
29valid and continue as provided by the terms of the training
30arrangement.
31WORKFORCE DEVELOPMENT FUND PROGRAM
32 Sec. 2258. Section 15.108, subsection 6, Code 2023, is
33amended by striking the subsection.
34 Sec. 2259. Section 15.341, Code 2023, is amended to read as
35follows:
-1275- 115.341 Workforce development fund program.
2This part chapter shall be known as the “Workforce
3Development Fund” program.
4 Sec. 2260. Section 15.342, Code 2023, is amended to read as
5follows:
615.342 Purpose.
7The purpose of this part chapter shall be to provide a
8mechanism for funding workforce development programs listed in
9section 15.343, subsection 2, in order to more efficiently meet
10the needs identified within those individual programs.
11 Sec. 2261. Section 15.342A, Code 2023, is amended to read
12as follows:
1315.342A Workforce development fund account.
141. A workforce development fund account is established in
15the office of the treasurer of state under the control of the
16authority department of workforce development. The account
17shall receive funds pursuant to section 422.16A.
182. For the fiscal year beginning July 1, 2014 2023,
19and for each fiscal year thereafter, there is annually
20appropriated from the workforce development fund account to the
21apprenticeship training program fund created in section 15B.3
22three million dollars for the purposes of chapter 15B.
233. For the fiscal year beginning July 1, 2014 2023, and for
24each fiscal year thereafter, there is annually appropriated
25from the workforce development fund account to the job training
26fund created in section 260F.6 four million seven hundred fifty
27thousand dollars for the purposes of chapter 260F.
28 Sec. 2262. Section 15.343, subsections 1 and 2, Code 2023,
29are amended to read as follows:
301. a. A workforce development fund is created as a
31revolving fund in the state treasury under the control of the
32authority department of workforce development consisting of any
33moneys appropriated by the general assembly for that purpose
34and any other moneys available to and obtained or accepted by
35the authority department of workforce development from the
-1276-1federal government or private sources for placement in the
2fund. The fund shall also include moneys appropriated to the
3fund from the workforce development fund account established
4in section 15.342A.
5b. Notwithstanding section 8.33, moneys in the workforce
6development fund at the end of each fiscal year shall not
7revert to any other fund but shall remain in the workforce
8development fund for expenditure for subsequent fiscal years.
92. The assets of the fund shall be used by the authority
10 department of workforce development for the following programs
11and purposes:
12a. Projects under chapter 260F. The authority department of
13workforce development shall require a match from all businesses
14participating in a training project under chapter 260F.
15b. Apprenticeship programs under section 260C.44, including
16new or statewide building trades apprenticeship programs.
17c. To cover the costs of the administration of workforce
18development programs and services available through the
19authority. A portion of these funds may be used to To support
20efforts by the community colleges to provide workforce services
21to Iowa employers.
22 Sec. 2263. Section 15.344, Code 2023, is amended to read as
23follows:
2415.344 Common system — assessment and tracking.
25The authority department of workforce development shall use
26information from the customer tracking system administered by
27the department of workforce development under section 84A.5 to
28determine the economic impact of the programs. To the extent
29possible, the authority department shall track individuals and
30businesses who have received assistance or services through
31the fund to determine whether the assistance or services have
32resulted in increased wages paid to the individuals or paid by
33the businesses.
34 Sec. 2264. CODE EDITOR DIRECTIVE.
351. The Code editor is directed to make the following
-1277-1transfers:
2a. Section 15.341 to section 84F.1.
3b. Section 15.342 to section 84F.2.
4c. Section 15.342A to section 84F.3.
5d. Section 15.343 to section 84F.4.
6e. Section 15.344 to section 84F.5.
72. The Code editor shall correct internal references in the
8Code and in any enacted legislation as necessary due to the
9enactment of this section.
10ACCELERATED CAREER EDUCATION PROGRAM
11 Sec. 2265. Section 260G.3, subsection 2, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13An agreement may include reasonable and necessary provisions
14to implement the accelerated career education program. If
15an agreement is entered into, the community college and the
16employer shall notify the department of revenue as soon as
17possible. The community college shall also file a copy of the
18agreement with the economic development authority department
19of workforce development as required in section 260G.4B. The
20agreement shall provide for program costs, including deferred
21costs, which may be paid from any of the following sources:
22 Sec. 2266. Section 260G.4B, Code 2023, is amended to read
23as follows:
24260G.4B Maximum statewide program job credit.
251. The total amount of program job credits from all
26employers which shall be allocated for all accelerated career
27education programs in the state in any one fiscal year shall
28not exceed five million four hundred thousand dollars. A
29community college shall file a copy of each agreement with
30the economic development authority department of workforce
31development. The authority department of workforce development
32 shall maintain an annual record of the proposed program job
33credits under each agreement for each fiscal year. Upon
34receiving a copy of an agreement, the authority department of
35workforce development shall allocate any available amount of
-1278-1program job credits to the community college according to the
2agreement sufficient for the fiscal year and for the term of
3the agreement. When the total available program job credits
4are allocated for a fiscal year, the authority department of
5workforce development shall notify all community colleges that
6the maximum amount has been allocated and that further program
7job credits will not be available for the remainder of the
8fiscal year. Once program job credits have been allocated to
9a community college, the full allocation shall be received by
10the community college throughout the fiscal year and for the
11term of the agreement even if the statewide program job credit
12maximum amount is subsequently allocated and used.
132. For the fiscal years beginning July 1, 2000, and
14July 1, 2001, the department of economic development shall
15allocate eighty thousand dollars of the first one million two
16hundred thousand dollars of program job credits authorized and
17available for that fiscal year to each community college. This
18allocation shall be used by each community college to provide
19funding for approved programs. For the fiscal year beginning
20July 1, 2002 2023, and for every fiscal year thereafter,
21the economic development authority department of workforce
22development shall divide equally among the community colleges
23thirty percent of the program job credits available for that
24fiscal year for allocation to each community college to be used
25to provide funding for approved programs. If any portion of
26the allocation to a community college under this subsection
27has not been committed by April 1 of the fiscal year for which
28the allocation is made, the uncommitted portion is available
29for use by other community colleges. Once a community college
30has committed its allocation for any fiscal year under this
31subsection, the community college may receive additional
32program job credit allocations from those program job credits
33authorized and still available for that fiscal year.
34 Sec. 2267. Section 260G.4C, Code 2023, is amended to read
35as follows:
-1279- 1260G.4C Facilitator Administration and reporting.
2The economic development authority department of workforce
3development shall administer the statewide allocations of
4program job credits to accelerated career education programs.
5The authority department of workforce development shall provide
6information about the accelerated career education programs in
7accordance with its annual reporting requirements in section
815.107B to the general assembly annually on or before March 15.
9 Sec. 2268. Section 260G.6, subsection 1, Code 2023, is
10amended to read as follows:
111. An accelerated career education fund is established
12in the state treasury under the control of the department of
13workforce development consisting of moneys appropriated to the
14fund for purposes of funding the cost of accelerated career
15education program capital projects.
16 Sec. 2269. TRANSITION PROVISIONS.
171. On the effective date of this division of this Act,
18all unencumbered and unobligated moneys remaining in the
19accelerated career education fund established in section 260G.6
20shall be under the control of the department of workforce
21development.
222. a. All agreements entered into by a community college
23under section 260G.3 prior to the effective date of this
24division of this Act shall be valid and continue as provided
25in the terms of the agreement.
26b. Job credits shall be honored per an agreement entered
27into under paragraph “a” that includes a provision for program
28job credits.
29OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
30 Sec. 2270. Section 231.23A, subsection 2, Code 2023, is
31amended by striking the subsection.
32 Sec. 2271. Section 231.51, Code 2023, is amended to read as
33follows:
34231.51 Older American community service employment program.
351. The department of workforce development shall direct
-1280-1and administer the older American community service employment
2program as authorized by the federal Act in coordination with
3the department of workforce development Older Americans Act of
41965, 42 U.S.C. §3001 et seq., as amended.
52. The purpose of the program is to foster individual
6economic self-sufficiency and to increase the number of
7participants placed in unsubsidized employment in the public
8and private sectors while maintaining the community service
9focus of the program.
103. Funds appropriated to the department of workforce
11development from the United States department of labor shall
12be distributed to subgrantees in accordance with federal
13requirements.
144. The department of workforce development shall require
15such uniform reporting and financial accounting by subgrantees
16as may be necessary to fulfill the purposes of this section.
175. The older American community service employment program
18shall be coordinated with the federal Workforce Innovation and
19Opportunity Act administered by the department of workforce
20development.
21 Sec. 2272. REPEAL. Section 231.53, Code 2023, is repealed.
22 Sec. 2273. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfer:
25Section 231.51 to section 84A.17.
262. The Code editor shall correct internal references in the
27Code and in any enacted legislation as necessary due to the
28enactment of this section.
29 Sec. 2274. TRANSITION PROVISIONS. On the effective date
30of this division of this Act, all unencumbered and unobligated
31moneys remaining in any account or fund under the control of
32the department on aging and relating to this division of this
33Act shall be transferred to a comparable fund or account under
34the control of the department of workforce development for
35purposes of this division of this Act. Notwithstanding section
-1281-18.33, the moneys transferred in accordance with this subsection
2shall not revert to the account or fund from which the moneys
3are appropriated or transferred.
4VOCATIONAL REHABILITATION
5 Sec. 2275. Section 84A.1, subsection 4, Code 2023, is
6amended to read as follows:
74. The department of workforce development shall include
8the division of labor services, the division of workers’
9compensation, vocational rehabilitation services, and other
10divisions as appropriate.
11 Sec. 2276. Section 256.1, subsection 1, paragraph d, Code
122023, is amended by striking the paragraph.
13 Sec. 2277. Section 256.35A, subsection 2, paragraph b, Code
142023, is amended to read as follows:
15b. In addition, representatives of the department of
16education workforce development, the division of vocational
17rehabilitation of the department of education, the department
18of public health, the department of human services, the Iowa
19developmental disabilities council, the division of insurance
20of the department of commerce, and the state board of regents
21shall serve as ex officio members of the advisory council. Ex
22officio members shall work together in a collaborative manner
23to serve as a resource to the advisory council. The council
24may also form workgroups as necessary to address specific
25issues within the technical purview of individual members.
26 Sec. 2278. Section 259.2, Code 2023, is amended to read as
27follows:
28259.2 Custodian of funds.
291. The treasurer of state is custodian of moneys received
30by the state from appropriations made by the Congress of the
31United States for the vocational rehabilitation of individuals
32with disabilities, and may receive and provide for the proper
33custody of the moneys and make disbursement of them the moneys
34 upon the requisition of the director of the department of
35education workforce development.
-1282- 12. The treasurer of state is appointed custodian of moneys
2paid by the federal government to the state for the purpose of
3carrying out the agreement relative to making determinations
4of disability under Tit.II and Tit.XVI of the federal Social
5Security Act as amended, 42 U.S.C. ch.7, and may receive the
6moneys and make disbursements of them the moneys upon the
7requisition of the director of the department of education
8 workforce development.
9 Sec. 2279. Section 259.3, Code 2023, is amended to read as
10follows:
11259.3 Board and division Division of vocational
12rehabilitation services.
13The division of vocational rehabilitation services
14is established in the department of education workforce
15development. The director of the department of education
16 workforce development shall cooperate with the United States
17secretary of education in carrying out the federal law cited
18in sections 259.1 and 259.2 providing for the vocational
19rehabilitation of individuals with disabilities. The state
20board of education shall adopt rules under chapter 17A for the
21administration of this chapter.
22 Sec. 2280. Section 259.5, Code 2023, is amended to read as
23follows:
24259.5 Report to governor.
25The division of vocational rehabilitation services shall
26report biennially to the governor the condition of vocational
27rehabilitation within the state, designating the educational
28institutions, establishments, plants, factories, and other
29agencies in which training is being given, and include a
30detailed statement of expenditures of the state and federal
31funds in the rehabilitation of individuals with disabilities.
32 Sec. 2281. Section 259.6, Code 2023, is amended to read as
33follows:
34259.6 Gifts and donations.
35The division of vocational rehabilitation services may
-1283-1receive gifts and donations from either public or private
2sources offered unconditionally or under conditions related to
3the vocational rehabilitation of individuals with disabilities
4that are consistent with this chapter.
5 Sec. 2282. Section 259.7, Code 2023, is amended to read as
6follows:
7259.7 Fund.
8All the moneys received as gifts or donations shall be
9deposited in the state treasury and shall constitute a
10permanent fund to be called the special fund for the vocational
11rehabilitation of individuals with disabilities, to be used
12by the director of the department of education workforce
13development in carrying out the provisions of this chapter or
14for related purposes.
15 Sec. 2283. Section 259.8, Code 2023, is amended to read as
16follows:
17259.8 Report of gifts.
18A full report of all gifts and donations offered and
19accepted, together with the names of the donors name of each
20donor and the respective amounts amount contributed by each
21donor, and all disbursements from the special fund for the
22vocational rehabilitation of individuals with disabilities
23 shall be submitted at call or biennially to the governor of the
24state by the division department of workforce development.
25 Sec. 2284. NEW SECTION. 259.10 Rules.
26The department of workforce development shall adopt rules
27under chapter 17A for the administration of this chapter.
28 Sec. 2285. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfers:
31a. Section 259.1 to section 84G.1.
32b. Section 259.2 to section 84G.2.
33c. Section 259.3 to section 84G.3.
34d. Section 259.4 to section 84G.4.
35e. Section 259.5 to section 84G.5.
-1284- 1f. Section 259.6 to section 84G.6.
2g. Section 259.7 to section 84G.7.
3h. Section 259.8 to section 84G.8.
4i. Section 259.9 to section 84G.9.
5j. Section 259.10 to section 84G.10.
62. The Code editor shall correct internal references in the
7Code and in any enacted legislation as necessary due to the
8enactment of this section.
9 Sec. 2286. TRANSITION PROVISION. The agreement between the
10director of the department of education and the commissioner of
11the United States social security administration under section
12259.9 shall remain in full force and effect until amended,
13repealed, or supplemented by the United States social security
14administration or by the department of workforce development.
15APPRENTICESHIP TRAINING PROGRAM
16 Sec. 2287. Section 15.106A, subsection 2, paragraph a, Code
172023, is amended to read as follows:
18a. That through this section and section 15.106B, the
19authority has been granted broad general powers and specific
20program powers over all of the authority’s statutory programs,
21including but not limited to the programs created pursuant to
22chapters 15, 15A, 15B, 15C, 15E, and 15J.
23 Sec. 2288. Section 15B.2, subsection 5, Code 2023, is
24amended by striking the subsection.
25 Sec. 2289. Section 15B.2, Code 2023, is amended by adding
26the following new subsections:
27 NEW SUBSECTION. 6A. “Department” means the department of
28workforce development.
29 NEW SUBSECTION. 9A. “Targeted industries” means the
30industries of advanced manufacturing, biosciences, and
31information technology.
32 Sec. 2290. Section 15B.2, subsection 7, Code 2023, is
33amended to read as follows:
347. “Financial assistance” means assistance provided only
35from the funds, rights, and assets legally available to
-1285-1the authority department and includes but is not limited to
2assistance in the forms of grants, loans, forgivable loans, and
3royalty payments.
4 Sec. 2291. Section 15B.3, subsections 1, 2, 3, and 4, Code
52023, are amended to read as follows:
61. An apprenticeship training program fund is created as a
7revolving fund in the state treasury under the control of the
8authority department.
92. The fund shall consist of moneys appropriated for
10purposes of the apprenticeship training program, and any other
11moneys lawfully available to the authority department for
12purposes of this chapter.
133. Moneys in the fund are appropriated to the authority
14 department for the purposes of this chapter.
154. No more than two percent of the total moneys deposited
16in the fund on July 1 of a fiscal year is appropriated to the
17authority department for the purposes of administering this
18chapter.
19 Sec. 2292. Section 15B.3, subsection 6, Code 2023, is
20amended by striking the subsection.
21 Sec. 2293. Section 15B.4, subsection 1, paragraph a, Code
222023, is amended to read as follows:
23a. An apprenticeship sponsor or lead apprenticeship
24sponsor that conducts an apprenticeship program that is
25registered with the United States department of labor, office
26of apprenticeship, through Iowa, for apprentices who will
27be employed at worksites located in this state may apply to
28the authority department for financial assistance under this
29section if the apprenticeship program includes a minimum of one
30hundred contact hours per apprentice for each training year of
31the apprenticeship program.
32 Sec. 2294. Section 15B.4, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34The authority department shall provide financial assistance
35in the form of training grants to eligible apprenticeship
-1286-1sponsors or lead apprenticeship sponsors in the following
2manner:
3 Sec. 2295. Section 15B.4, subsection 3, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5An apprenticeship sponsor or lead apprenticeship sponsor
6seeking financial assistance under this section shall provide
7the following information to the authority department:
8 Sec. 2296. Section 15B.4, subsection 3, paragraph e, Code
92023, is amended to read as follows:
10e. Any other information the authority department reasonably
11determines is necessary.
12 Sec. 2297. Section 15B.4, subsection 4, Code 2023, is
13amended to read as follows:
144. The apprenticeship sponsor or lead apprenticeship
15sponsor and the authority department shall enter into an
16agreement regarding the provision of any financial assistance
17to the apprenticeship sponsor or lead apprenticeship sponsor.
18 Sec. 2298. NEW SECTION. 15B.5 Rules.
19The department shall adopt rules to administer this chapter.
20 Sec. 2299. 2021 Iowa Acts, chapter 45, section 5, is amended
21to read as follows:
22SEC. 5. APPLICABILITY. This Act applies to financial
23assistance provided by the economic development authority to
24apprenticeship sponsors and lead apprenticeship sponsors that
25apply for financial assistance on or after July 1, 2021, and on
26or before June 30, 2023.
27 Sec. 2300. CODE EDITOR DIRECTIVE.
281. The Code editor is directed to make the following
29transfers:
30a. Section 15B.1 to section 84D.1.
31b. Section 15B.2 to section 84D.2.
32c. Section 15B.3 to section 84D.3.
33d. Section 15B.4 to section 84D.4.
34e. Section 15B.5 to section 84D.5.
352. The Code editor shall correct internal references in the
-1287-1Code and in any enacted legislation as necessary due to the
2enactment of this section.
3 Sec. 2301. TRANSITION PROVISION. All agreements entered
4into by an apprenticeship sponsor or lead apprenticeship
5sponsor and the economic development authority regarding the
6provision of any financial assistance to the apprenticeship
7sponsor or lead apprenticeship sponsor prior to the effective
8date of this division of this Act shall be valid and continue
9as provided in the terms of the agreement.
10FUTURE READY IOWA REGISTERED APPRENTICESHIP DEVELOPMENT PROGRAM
11 Sec. 2302. Section 15C.1, subsection 1, paragraph f, Code
122023, is amended by striking the paragraph and inserting in
13lieu thereof the following:
14f. “Department” means the department of workforce
15development.
16 Sec. 2303. Section 15C.1, subsection 1, paragraphs g and h,
17Code 2023, are amended to read as follows:
18g. “Eligible apprenticeable occupation” means an
19apprenticeable occupation identified by the workforce
20development board or a community college pursuant to section
2184A.1B, subsection 14, as a high-demand job, after consultation
22with the authority.
23h. “Financial assistance” means assistance provided only
24from the funds, rights, and assets legally available to
25the authority department and includes but is not limited
26to assistance in the form of a reimbursement grant to
27support the costs associated with establishing a new
28eligible apprenticeable occupation or an additional eligible
29apprenticeable occupation in an applicant’s apprenticeship
30program.
31 Sec. 2304. Section 15C.1, subsection 2, Code 2023, is
32amended to read as follows:
332. Program created. Subject to an appropriation of funds
34by the general assembly for this purpose, a future ready Iowa
35registered apprenticeship development program is created
-1288-1which shall be administered by the authority department. The
2purpose of the program is to provide financial assistance to
3incentivize small and medium-sized apprenticeship sponsors to
4establish new or additional eligible apprenticeable occupations
5in the apprenticeship sponsor’s apprenticeship program in order
6to support the growth of apprenticeship programs and expand
7high-quality work-based learning experiences in high-demand
8fields and careers for persons who are employed in eligible
9apprenticeable occupations in Iowa.
10 Sec. 2305. Section 15C.1, subsection 3, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12An apprenticeship sponsor may apply to the authority
13 department, on forms provided by the authority department and
14in accordance with the authority’s department’s instructions,
15to receive financial assistance under the program. The
16authority department shall provide upon request and on the
17authority’s department’s internet site information about the
18program, the application, application instructions, and the
19application period established each year for funding available
20under the program. The application shall include a description
21of how the financial assistance awarded under this section
22would be used to establish an apprenticeship program or add new
23or additional apprenticeable occupations to the apprenticeship
24sponsor’s apprenticeship program and the anticipated program
25expenses identified by the applicant.
26 Sec. 2306. Section 15C.1, subsection 3, paragraph a,
27subparagraphs (1) and (2), Code 2023, are amended to read as
28follows:
29(1) Twenty or fewer apprentices are registered in the
30existing apprenticeship program as of December 31 of the
31calendar year prior to the date the authority department
32 receives the apprenticeship sponsor’s application.
33(2) More than seventy percent of the applicant’s
34apprentices shall be are residents of Iowa, and the remainder
35of the applicant’s apprentices shall be are residents of states
-1289-1contiguous to Iowa. In determining the number of apprentices
2in an applicant’s apprenticeship program, the authority
3 department may calculate the average number of apprentices in
4the program within the most recent two-year period.
5 Sec. 2307. Section 15C.1, subsections 4 and 5, Code 2023,
6are amended to read as follows:
74. Rules. The authority department shall adopt rules
8pursuant to chapter 17A establishing a staff review and
9application approval process, application scoring criteria, the
10minimum score necessary for approval of financial assistance,
11procedures for notification of an award of financial
12assistance, the terms of agreement between the apprenticeship
13sponsor and the authority department, and any other rules
14deemed necessary for the implementation and administration of
15this section.
165. Agreement. Prior to distributing financial assistance
17under this section, the authority department shall enter
18into an agreement with the apprenticeship sponsor awarded
19financial assistance in accordance with this section, and the
20financial assistance recipient shall confirm the expenses for
21establishing the program or adding the additional occupations
22as identified in the approved application, and shall meet all
23terms established by the authority department for receipt of
24financial assistance under this section.
25 Sec. 2308. Section 15C.1, subsection 6, paragraph b, Code
262023, is amended to read as follows:
27b. Notwithstanding section 8.33, moneys appropriated to the
28authority department by the general assembly for purposes of
29this section that remain unencumbered or unobligated at the
30end of the fiscal year shall not revert to the general fund
31but shall remain available for expenditure for the purposes
32designated in subsequent fiscal years.
33 Sec. 2309. CODE EDITOR DIRECTIVE.
341. The Code editor is directed to make the following
35transfer:
-1290- 1Section 15C.1 to section 84E.1.
22. The Code editor shall correct internal references in the
3Code and in any enacted legislation as necessary due to the
4enactment of this section, including references to chapter 15C.
5 Sec. 2310. TRANSITION PROVISION. All agreements entered
6into by an apprenticeship sponsor and the economic development
7authority under section 15C.1, subsection 5, prior to the
8effective date of this division of this Act shall be valid and
9continue as provided in the terms of the agreement.
10FUTURE READY IOWA EXPANDED REGISTERED APPRENTICESHIP
11OPPORTUNITIES PROGRAM
12 Sec. 2311. Section 15C.2, subsection 1, paragraph e, Code
132023, is amended by striking the paragraph and inserting in
14lieu thereof the following:
15e. “Department” means the department of workforce
16development.
17 Sec. 2312. Section 15C.2, subsection 1, paragraph h, Code
182023, is amended to read as follows:
19h. “Financial assistance” means assistance provided only
20from the funds, rights, and assets legally available to
21the authority department and includes but is not limited
22to assistance in the form of a reimbursement grant of one
23thousand dollars per apprentice in an eligible apprenticeable
24occupation.
25 Sec. 2313. Section 15C.2, subsection 2, Code 2023, is
26amended to read as follows:
272. Program created. Subject to an appropriation of funds
28by the general assembly for this purpose, a future ready Iowa
29expanded registered apprenticeship opportunities program
30is created which shall be administered by the authority
31 department. The purpose of the program is to provide
32financial assistance to encourage apprenticeship sponsors of
33apprenticeship programs with twenty or fewer apprentices to
34maintain apprenticeship programs in high-demand occupations.
35 Sec. 2314. Section 15C.2, subsection 3, unnumbered
-1291-1paragraph 1, Code 2023, is amended to read as follows:
2An eligible apprenticeship sponsor may apply to the
3authority department, on forms provided by the authority
4 department and in accordance with the authority’s department’s
5 instructions, to receive financial assistance under the
6program. The authority department shall provide upon request
7and on the authority’s department’s internet site information
8about the program, the application, application instructions,
9and the application period established each year for funding
10available under the program.
11 Sec. 2315. Section 15C.2, subsection 3, paragraph a,
12subparagraphs (1) and (2), Code 2023, are amended to read as
13follows:
14(1) Twenty or fewer apprentices are registered in the
15apprenticeship program as of December 31 of the calendar
16year prior to the date the authority department receives the
17eligible apprenticeship sponsor’s application.
18(2) More than seventy percent of the applicant’s
19apprentices are residents of Iowa, and the remainder of the
20applicant’s apprentices are residents of states contiguous
21to Iowa. In determining the number of apprentices in an
22applicant’s apprenticeship program, the authority department
23 may calculate the average number of apprentices in the program
24within the most recent two-year period.
25 Sec. 2316. Section 15C.2, subsections 4 and 5, Code 2023,
26are amended to read as follows:
274. Rules. The authority department shall adopt rules
28pursuant to chapter 17A establishing a staff review and
29application approval process, application scoring criteria, the
30minimum score necessary for approval of financial assistance,
31procedures for notification of an award of financial
32assistance, the terms of agreement between the apprenticeship
33sponsor and the authority department, and any other rules
34deemed necessary for the implementation and administration of
35this section.
-1292- 15. Agreement. Prior to distributing financial assistance
2under this section, the authority department shall enter into
3an agreement with the eligible apprenticeship sponsor awarded
4financial assistance in accordance with this section, and
5the financial assistance recipient shall confirm the number
6of apprentices in eligible apprenticeable occupations as
7identified in the approved application, and shall meet all
8terms established by the authority department for receipt of
9financial assistance under this section.
10 Sec. 2317. Section 15C.2, subsection 7, paragraph b, Code
112023, is amended to read as follows:
12b. Notwithstanding section 8.33, moneys appropriated to the
13authority department by the general assembly for purposes of
14this section that remain unencumbered or unobligated at the
15end of the fiscal year shall not revert to the general fund
16but shall remain available for expenditure for the purposes
17designated in subsequent fiscal years.
18 Sec. 2318. CODE EDITOR DIRECTIVE.
191. The Code editor is directed to make the following
20transfer:
21Section 15C.2 to section 84E.2.
222. The Code editor shall correct internal references in the
23Code and in any enacted legislation as necessary due to the
24enactment of this section, including references to chapter 15C.
25 Sec. 2319. TRANSITION PROVISION. All agreements entered
26into by an apprenticeship sponsor and the economic development
27authority under section 15C.2, subsection 5, regarding the
28provision of any financial assistance to the apprenticeship
29sponsor prior to the effective date of this division of this
30Act shall be valid and continue as provided in the terms of the
31agreement.
32EMPLOYMENT AGENCIES
33 Sec. 2320. Section 94A.1, subsection 2, Code 2023, is
34amended to read as follows:
352. “Commissioner” “Director” means the labor commissioner,
-1293-1appointed pursuant to section 91.2, director of the department
2of workforce development or the labor commissioner’s director’s
3 designee.
4 Sec. 2321. Section 94A.2, Code 2023, is amended to read as
5follows:
694A.2 Licensing.
71. An employment agency shall obtain a license from the
8commissioner director prior to transacting any business.
9Licenses expire on June 30 of each year.
102. A license application shall be in the form prescribed by
11the commissioner director and shall be accompanied by all of
12the following:
13a. A surety company bond in the sum of thirty thousand
14dollars, to be approved by the commissioner director and
15conditioned to pay any damages that may accrue to any person
16due to a wrongful act or violation of law on the part of the
17applicant in the conduct of business.
18b. The schedule of fees to be charged by the employment
19agency.
20c. All contract forms to be signed by an employee.
21d. An application fee of seventy-five dollars.
223. The commissioner director shall grant or deny a license
23within thirty days from the filing date of a completed
24application.
254. The commissioner director may revoke, suspend, or annul a
26license in accordance with chapter 17A upon good cause pursuant
27to rules adopted by the director.
28 Sec. 2322. Section 94A.4, subsection 4, paragraph d, Code
292023, is amended to read as follows:
30d. Charge an employee any fee greater than the fee schedule
31on file with the commissioner director without prior consent
32of the commissioner director.
33 Sec. 2323. Section 94A.5, Code 2023, is amended to read as
34follows:
3594A.5 Powers and duties of the commissioner director.
-1294- 11. At any time, the commissioner The director may examine
2the records, books, and any papers relating to the conduct and
3operation of an employment agency at any time.
42. The commissioner shall adopt rules pursuant to chapter
517A to administer this chapter.
6 Sec. 2324. Section 94A.6, Code 2023, is amended to read as
7follows:
894A.6 Violations.
91. A person who violates a provision of this chapter or who
10refuses the commissioner director access to records, books, and
11papers pursuant to an examination under section 94A.5 shall be
12guilty of a simple misdemeanor.
132. If a person violates a provision of this chapter or
14refuses the commissioner director access to records, books,
15and papers pursuant to an examination under section 94A.5, the
16commissioner director shall assess a civil penalty against the
17person in an amount not greater than two thousand dollars.
18 Sec. 2325. NEW SECTION. 94A.7 Rules.
191. The director shall adopt rules pursuant to chapter 17A to
20administer this chapter.
212. The director may establish rules pursuant to chapter
2217A to assess and collect interest on fees and penalties owed
23to the department of workforce development. The director may
24delay or, following written notice, deny the issuance of a
25license, if the applicant for the license owes a debt to the
26department of workforce development.
27 Sec. 2326. CODE EDITOR DIRECTIVE.
281. The Code editor is directed to make the following
29transfers:
30a. Section 94A.1 to section 84H.1.
31b. Section 94A.2 to section 84H.2.
32c. Section 94A.3 to section 84H.3.
33d. Section 94A.4 to section 84H.4.
34e. Section 94A.5 to section 84H.5.
35f. Section 94A.6 to section 84H.6.
-1295- 1g. Section 94A.7 to section 84H.7.
22. The Code editor shall correct internal references in the
3Code and in any enacted legislation as necessary due to the
4enactment of this section.
5REPORTS AND RECORDS
6 Sec. 2327. Section 91.12, Code 2023, is amended to read as
7follows:
891.12 Reports and records to division of labor services.
91. An owner, operator, or manager of every factory,
10mill, workshop, mine, store, railway, business house, public
11or private work, or any other establishment where labor is
12employed, shall submit to the division of labor services
13 department of workforce development reports in the form
14and manner prescribed by the commissioner director of the
15department of workforce development by rule, for the purpose of
16compiling labor statistics. The owner, operator, or business
17manager shall submit the reports within sixty days from receipt
18of notice, and shall certify under oath the accuracy of the
19reports. For purposes of this section, “factory”, “mill”,
20“workshop”, “mine”, “store”, “railway”, “business house”, and
21“public or private work” shall mean any factory, mill, workshop,
22mine, store, railway, business house, or public or private work
23where wage earners are employed for compensation.
242. Notwithstanding chapter 22, records containing submitted
25under subsection 1 that contain identifiable financial
26institution or credit card account numbers obtained by the
27commissioner shall be kept confidential.
283. a. Any officer or employee of the department of
29workforce development who makes unlawful use of a report
30submitted under subsection 1 shall be guilty of a serious
31misdemeanor.
32b. Any person who has access to a report submitted under
33subsection 1 who makes unlawful use of the report shall be
34guilty of a serious misdemeanor.
35c. Any owner, operator, or manager of a factory, mill,
-1296-1workshop, mine, store, railway, business house, or public or
2private work who fails to submit the report required under
3subsection 1 shall be guilty of a simple misdemeanor.
44. The director of the department of workforce development
5shall adopt rules pursuant to chapter 17A to administer this
6section.
7 Sec. 2328. CODE EDITOR DIRECTIVE.
81. The Code editor is directed to make the following
9transfer:
10Section 91.12 to section 84A.18.
112. The Code editor shall correct internal references in the
12Code and in any enacted legislation as necessary due to the
13enactment of this section.
14ADULT EDUCATION
15 Sec. 2329. NEW SECTION. 84A.19 Adult education and literacy
16programs.
171. For purposes of this section, unless the context
18otherwise requires:
19a. “Adult education and literacy programs” means adult basic
20education, adult education leading to a high school equivalency
21diploma under chapter 259A, English as a second language
22instruction, and workplace and family literacy instruction.
23b. “Community colleges” means the same as defined in section
24260C.2.
252. The department of workforce development and community
26colleges shall jointly implement adult education and literacy
27programs to assist adults and youths sixteen years of age and
28older who are not in school in obtaining the knowledge and
29skills necessary for further education, work, and community
30involvement.
313. The department of workforce development, in consultation
32with community colleges, shall prescribe standards for adult
33education and literacy programs including but not limited
34to contextualized and integrated instruction, assessments,
35instructor qualification and professional development, data
-1297-1collection and reporting, and performance benchmarks.
24. The department of workforce development, in consultation
3with community colleges, shall adopt rules pursuant to chapter
417A to administer this section.
5 Sec. 2330. Section 260C.50, Code 2023, is amended to read
6as follows:
7260C.50 Adult education and literacy programs.
81. For purposes of this section, “adult education and
9literacy programs” means adult basic education, adult education
10leading to a high school equivalency diploma under chapter
11259A, English as a second language instruction, workplace and
12family literacy instruction, or integrated basic education and
13technical skills instruction.
142. The department and the community colleges shall jointly
15implement adult education and literacy programs to assist
16adults and youths sixteen years of age and older who are not
17in school in obtaining the knowledge and skills necessary for
18further education, work, and community involvement.
193. The state board, in consultation with the community
20colleges, shall prescribe standards for adult education and
21literacy programs including but not limited to contextualized
22and integrated instruction, assessments, instructor
23qualification and professional development, data collection and
24reporting, and performance benchmarks.
254. The state board, in consultation with the community
26colleges, shall adopt rules pursuant to chapter 17A to
27administer this section.
28DIVISION XII
29DEPARTMENT OF REVENUE
30IOWA LOTTERY
31 Sec. 2331. Section 7E.6, subsection 3, Code 2023, is amended
32to read as follows:
333. Any position of membership on the board of the Iowa
34lottery authority board created in section 99G.8 shall receive
35compensation of fifty dollars per day and expenses.
-1298-1 Sec. 2332. Section 68B.35, subsection 2, paragraph e, Code
22023, is amended to read as follows:
3e. Members of the state banking council, the Iowa ethics
4and campaign disclosure board, the credit union review board,
5the economic development authority, the employment appeal
6board, the environmental protection commission, the health
7facilities council, the Iowa finance authority, the Iowa public
8employees’ retirement system investment board, the board of
9the Iowa lottery authority board created in section 99G.8, the
10natural resource commission, the board of parole, the petroleum
11underground storage tank fund board, the public employment
12relations board, the state racing and gaming commission, the
13state board of regents, the transportation commission, the
14office of consumer advocate, the utilities board, the Iowa
15telecommunications and technology commission, and any full-time
16members of other boards and commissions as defined under
17section 7E.4 who receive an annual salary for their service
18on the board or commission. The Iowa ethics and campaign
19disclosure board shall conduct an annual review to determine
20if members of any other board, commission, or authority should
21file a statement and shall require the filing of a statement
22pursuant to rules adopted pursuant to chapter 17A.
23 Sec. 2333. Section 99B.1, subsection 22, Code 2023, is
24amended to read as follows:
2522. “Merchandise” means goods or services that are bought
26and sold in the regular course of business. “Merchandise”
27includes lottery tickets or shares sold or authorized under
28chapter 99G. The value of the lottery ticket or share is the
29price of the lottery ticket or share as established by the Iowa
30lottery authority department of revenue pursuant to chapter
3199G. “Merchandise” includes a gift card if the gift card is not
32redeemable for cash.
33 Sec. 2334. Section 99G.1, Code 2023, is amended to read as
34follows:
3599G.1 Title.
-1299- 1This chapter may be cited as the “Iowa Lottery Authority
2 Act”.
3 Sec. 2335. Section 99G.2, subsection 2, Code 2023, is
4amended by striking the subsection.
5 Sec. 2336. Section 99G.3, subsections 2 and 4, Code 2023,
6are amended by striking the subsections.
7 Sec. 2337. Section 99G.3, Code 2023, is amended by adding
8the following new subsections:
9 NEW SUBSECTION. 4A. “Department” means the department of
10revenue.
11 NEW SUBSECTION. 4B. “Director” means the director of the
12department of revenue or the director’s designee.
13 Sec. 2338. Section 99G.3, subsections 3, 7, 14, and 18, Code
142023, are amended to read as follows:
153. “Board” means the board of directors of the authority
16 Iowa lottery created in section 99G.8.
177. “Lottery”, “lotteries”, “lottery game”, “lottery games”,
18or “lottery products” means any game of chance approved by the
19board and operated pursuant to this chapter and games using
20mechanical or electronic devices, provided that the authority
21 department shall not authorize a monitor vending machine or
22a player-activated gaming machine that utilizes an internal
23randomizer to determine winning and nonwinning plays and that
24upon random internal selection of a winning play dispenses
25coins, currency, or a ticket, credit, or token to the player
26that is redeemable for cash or a prize, and excluding gambling
27or gaming conducted pursuant to chapter 99B, 99D, or 99F.
2814. “Retailer” means a person who sells lottery tickets
29or shares on behalf of the authority department pursuant to a
30license issued by the authority department.
3118. “Vendor” means a person who provides or proposes to
32provide goods or services to the authority department pursuant
33to a major procurement contract, but does not include an
34employee of the authority department under this chapter, a
35retailer, or a state agency or instrumentality thereof.
-1300-1 Sec. 2339. Section 99G.4, Code 2023, is amended to read as
2follows:
399G.4 Iowa lottery authority created.
41. An Iowa lottery authority is created, effective
5September 1, 2003, which shall administer the state lottery
6 be administered by the department. The authority shall be
7deemed to be a public authority and an instrumentality of the
8state, and not a state agency. However, the authority shall be
9considered a state agency for purposes of chapters 17A, 21, 22,
1028E, 68B, 91B, 97B, 509A, and 669.
112. The income and property of the authority department under
12this chapter shall be exempt from all state and local taxes,
13and the sale of lottery tickets and shares issued and sold by
14the authority department and its retail licensees shall be
15exempt from all state and local sales taxes.
16 Sec. 2340. Section 99G.5, Code 2023, is amended by striking
17the section and inserting in lieu thereof the following:
1899G.5 Lottery administrator.
191. An administrator of the lottery under this chapter shall
20be appointed by the governor subject to confirmation by the
21senate and shall serve at the pleasure of the governor. The
22administrator shall be qualified by training and experience to
23manage a lottery.
242. The salary of the lottery administrator shall be set by
25the governor within the applicable salary range established by
26the general assembly.
273. The lottery administrator shall be an employee of the
28department and shall direct the day-to-day operations and
29management of the lottery under this chapter as specified by
30the director and department.
31 Sec. 2341. Section 99G.6, Code 2023, is amended to read as
32follows:
3399G.6 Power to administer oaths and take testimony —
34subpoena.
35The chief executive officer director or the chief executive
-1301-1officer’s director’s designee if authorized to conduct an
2inquiry, investigation, or hearing under this chapter may
3administer oaths and take testimony under oath relative
4to the matter of inquiry, investigation, or hearing. At a
5hearing ordered by the chief executive officer director, the
6chief executive officer director or the designee may subpoena
7witnesses and require the production of records, paper, or
8documents pertinent to the hearing.
9 Sec. 2342. Section 99G.7, subsection 1, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11The chief executive officer of the authority director
12 shall direct and supervise all administrative and technical
13activities in accordance with the provisions of this chapter
14and with the administrative rules, policies, and procedures
15adopted by the board department. The chief executive officer
16 director shall do all of the following:
17 Sec. 2343. Section 99G.7, subsection 1, paragraphs b, d, e,
18f, g, and i, Code 2023, are amended to read as follows:
19b. Employ an executive vice president, who shall act as
20chief executive officer in the absence of the chief executive
21officer, and employ and direct other such personnel as deemed
22necessary.
23d. Promote or provide for promotion of the lottery and
24any functions related to the authority department under this
25chapter.
26e. Prepare a budget for the approval of the board activities
27of the department under this chapter.
28f. Require bond from such retailers and vendors in such
29amounts as required by the board department.
30g. Report semiannually to the general assembly’s standing
31committees on government oversight regarding the operations of
32the authority department under this chapter.
33i. Perform other duties generally associated with a chief
34executive officer of an authority of an entrepreneurial nature
35 as necessary to administer this chapter.
-1302-1 Sec. 2344. Section 99G.7, subsections 2, 3, and 4, Code
22023, are amended to read as follows:
32. The chief executive officer director shall conduct an
4ongoing study of the operation and administration of lottery
5laws similar to this chapter in other states or countries,
6of available literature on the subject, of federal laws and
7regulations which may affect the operation of the lottery
8and of the reaction of citizens of this state to existing
9or proposed features of lottery games with a view toward
10implementing improvements that will tend to serve the purposes
11of this chapter.
123. The chief executive officer director may for good cause
13suspend, revoke, or refuse to renew any contract entered into
14in accordance with the provisions of this chapter or the
15administrative rules, policies, and procedures of the board.
164. The chief executive officer or the chief executive
17officer’s designee director may conduct hearings and administer
18oaths to persons for the purpose of assuring the security
19or integrity of lottery operations or to determine the
20qualifications of or compliance by vendors and retailers.
21 Sec. 2345. Section 99G.8, subsections 1, 4, 6, and 13, Code
222023, are amended to read as follows:
231. The authority shall be administered by a A board of
24directors comprised of five members appointed by the governor
25subject to confirmation by the senate is created within
26the department. Board members appointed when the senate is
27not in session shall serve only until the end of the next
28regular session of the general assembly, unless confirmed
29by the senate. The board shall provide the director with
30private-sector perspectives of a large marketing enterprise.
314. No officer or employee of the authority department under
32this chapter shall be a member of the board.
336. A majority of members in office shall constitute a quorum
34for the transaction of any business and for the exercise of any
35power or function of the authority board.
-1303- 113. Board members shall not have any direct or indirect
2interest in an undertaking that puts their personal interest
3in conflict with that of the authority department under this
4chapter including but not limited to an interest in a major
5procurement contract or a participating retailer.
6 Sec. 2346. Section 99G.8, subsection 15, Code 2023, is
7amended by striking the subsection and inserting in lieu
8thereof the following:
915. The board shall adopt game-specific rules. The
10promulgation of game-specific rules shall not be subject to
11the requirements of chapter 17A. However, game-specific rules
12shall be made available to the public prior to the time the
13games go on sale and shall be kept on file at the office of the
14department.
15 Sec. 2347. Section 99G.9, Code 2023, is amended by striking
16the section and inserting in lieu thereof the following:
1799G.9 Department duties — rules.
181. The department, in consultation with the board, shall
19adopt policies and procedures and promulgate administrative
20rules pursuant to chapter 17A relating to the management and
21operation of the department under this chapter.
222. Administrative rules promulgated pursuant to this
23section may include but shall not be limited to the following:
24a. The type of games to be conducted.
25b. The sale price of tickets or shares and the manner
26of sale, including but not limited to authorization of sale
27of tickets or shares at a discount for marketing purposes;
28provided, however, that a retailer may accept payment by cash,
29check, money order, debit card, or electronic funds transfer
30and shall not extend or arrange credit for the purchase of a
31ticket or share. As used in this section, “cash” means United
32States currency.
33c. The number and amount of prizes, including but not
34limited to prizes of free tickets or shares in lottery games
35conducted by the department and merchandise prizes. The
-1304-1department shall maintain and make available for public
2inspection at its offices during regular business hours a
3detailed listing of the estimated number of prizes of each
4particular denomination that are expected to be awarded in
5any game that is on sale or the estimated odds of winning the
6prizes and, after the end of the claim period, shall maintain
7and make available a listing of the total number of tickets
8or shares sold in a game and the number of prizes of each
9denomination that were awarded.
10d. The method and location of selecting or validating
11winning tickets or shares.
12e. The manner and time of payment of prizes, which may
13include lump-sum payments or installments over a period of
14years.
15f. The manner of payment of prizes to the holders of winning
16tickets or shares after performing validation procedures
17appropriate to the game and as specified by the board.
18g. The frequency of games and drawings or selection of
19winning tickets or shares.
20h. The means of conducting drawings, provided that drawings
21shall be open to the public and witnessed by an independent
22certified public accountant. Equipment used to select winning
23tickets or shares or participants for prizes shall be examined
24by an independent certified public accountant prior to and
25after each drawing.
26i. The manner and amount of compensation to lottery
27retailers.
28j. Any and all other matters necessary, desirable, or
29convenient toward ensuring the efficient and effective
30operation of lottery games, the continued entertainment and
31convenience of the public, and the integrity of the lottery.
323. The department shall perform such other functions as
33specified by this chapter.
34 Sec. 2348. Section 99G.10, Code 2023, is amended by striking
35the section and inserting in lieu thereof the following:
-1305- 199G.10 Lottery personnel.
21. The director shall have the sole power to designate
3particular employees as key personnel, but may take advice
4from the department of administrative services in making any
5such designations. All key personnel shall be exempt from
6the merit system described in chapter 8A, subchapter IV. The
7director shall have the sole power to employ, classify, and fix
8the compensation of key personnel. All other employees shall
9be employed, classified, and compensated in accordance with
10chapter 8A, subchapter IV, and chapter 20.
112. An employee of the department under this chapter shall
12not have a financial interest in any vendor doing business
13or proposing to do business with the department under this
14chapter. However, an employee may own shares of a mutual fund
15which may hold shares of a vendor corporation provided the
16employee does not have the ability to influence the investment
17functions of the mutual fund.
183. An employee of the department with decision-making
19authority under this chapter shall not participate in any
20decision involving a retailer with whom the employee has a
21financial interest.
224. A background investigation shall be conducted by
23the department of public safety, division of criminal
24investigation, on each applicant who has reached the final
25selection process prior to employment by the department under
26this chapter. For positions not designated as sensitive by the
27department, the investigation may consist of a state criminal
28history background check, work history, and financial review.
29The department shall identify those sensitive positions of the
30department under this chapter which require full background
31investigations, which positions shall include, at a minimum,
32any officer of the department under this chapter, and any
33employee with operational management responsibilities, security
34duties, or system maintenance or programming responsibilities
35related to the department’s data processing or network
-1306-1hardware, software, communication, or related systems under
2this chapter. In addition to a work history and financial
3review, a full background investigation may include a
4national criminal history check through the federal bureau of
5investigation. The screening of employees through the federal
6bureau of investigation shall be conducted by submission of
7fingerprints through the state criminal history repository to
8the federal bureau of investigation. The results of background
9investigations conducted pursuant to this section shall not be
10considered public records under chapter 22.
115. A person who has been convicted of a felony or bookmaking
12or other form of illegal gambling or of a crime involving moral
13turpitude shall not be employed by the department under this
14chapter.
156. The department shall bond employees with access to
16authority funds or lottery revenue under this chapter in such
17an amount as provided by the department and may bond other
18employees under this chapter as deemed necessary.
19 Sec. 2349. Section 99G.11, subsections 1, 2, and 3, Code
202023, are amended to read as follows:
211. A member of the board, any officer, or other employee of
22the authority department under this chapter shall not directly
23or indirectly, individually, as a member of a partnership or
24other association, or as a shareholder, director, or officer
25of a corporation have an interest in a business that contracts
26for the operation or marketing of the lottery as authorized by
27this chapter, unless the business is controlled or operated by
28a consortium of lotteries in which the authority department has
29an interest.
302. Notwithstanding the provisions of chapter 68B, a person
31contracting or seeking to contract with the state to supply
32gaming equipment or materials for use in the operation of the
33lottery, an applicant for a license to sell tickets or shares
34in the lottery, or a retailer shall not offer a member of
35the board, any officer, or other employee of the authority
-1307-1 department under this chapter, or a member of their immediate
2family a gift, gratuity, or other thing having a value of
3more than the limits established in chapter 68B, other than
4food and beverage consumed at a meal. For purposes of this
5subsection, “member of their immediate family” means a spouse,
6child, stepchild, brother, brother-in-law, stepbrother,
7sister, sister-in-law, stepsister, parent, parent-in-law, or
8step-parent of the board member, the officer, or other employee
9who resides in the same household in the same principal
10residence of the board member, officer, or other employee.
113. If a board member, officer, or other employee of the
12authority department under this chapter violates a provision of
13this section, the board member, officer, or employee shall be
14immediately removed from the office or position.
15 Sec. 2350. Section 99G.12, subsection 2, paragraphs a and b,
16Code 2023, are amended to read as follows:
17a. The self-service kiosk shall be owned or leased by the
18authority department.
19b. The self-service kiosk shall only be located in a retail
20location licensed by the authority department pursuant to this
21chapter. The authority department shall determine, in its sole
22discretion, the placement of the self-service kiosk.
23 Sec. 2351. Section 99G.21, subsections 1, 3, 4, and 5, Code
242023, are amended to read as follows:
251. Funds of the state shall not be used or obligated to pay
26the expenses or prizes of the authority department under this
27chapter.
283. Notwithstanding any other provision of law, any
29purchase of real property and any borrowing of more than one
30million dollars by the authority department for purposes of
31this chapter shall require written notice from the authority
32 department to the general assembly’s standing committees on
33government oversight and the prior approval of the executive
34council.
354. The powers enumerated in this section are cumulative of
-1308-1and in addition to those powers enumerated elsewhere in this
2chapter and no such powers limit or restrict any other powers
3of the authority department under this chapter.
45. Departments, boards, commissions, or other agencies of
5this state shall provide reasonable assistance and services to
6the authority department for purposes of this chapter upon the
7request of the chief executive officer director.
8 Sec. 2352. Section 99G.21, subsection 2, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10The authority department shall have any and all powers
11necessary or convenient to carry out and effectuate the
12purposes and provisions of this chapter which are not in
13conflict with the Constitution of the State of Iowa, including,
14but without limiting the generality of the foregoing, the
15following powers:
16 Sec. 2353. Section 99G.21, subsection 2, paragraphs f, l, p,
17and q, Code 2023, are amended to read as follows:
18f. To enter into written agreements with one or more other
19states or territories of the United States, or one or more
20political subdivisions of another state or territory of the
21United States, or any entity lawfully operating a lottery
22outside the United States for the operation, marketing, and
23promotion of a joint lottery or joint lottery game. For
24the purposes of this subsection, any lottery with which the
25authority reaches an agreement or compact shall meet the
26criteria for security, integrity, and finance set by the board
27 department.
28l. To enter into contracts of any and all types on such
29terms and conditions as the authority department may determine
30necessary.
31p. Notwithstanding any other provision of law to the
32contrary, to purchase meals for attendees at authority business
33meetings of the department pursuant to this chapter.
34q. To exercise all powers generally exercised by private
35businesses engaged in entrepreneurial pursuits necessary to
-1309-1administer this chapter, unless the exercise of such a power
2would violate the terms of this chapter or of the Constitution
3of this state.
4 Sec. 2354. Section 99G.22, subsections 1, 3, 5, and 6, Code
52023, are amended to read as follows:
61. The authority department shall investigate the financial
7responsibility, security, and integrity of any lottery system
8vendor who is a finalist in submitting a bid, proposal, or
9offer as part of a major procurement contract. Before a major
10procurement contract is awarded, the division of criminal
11investigation of the department of public safety shall
12conduct a background investigation of the vendor to whom the
13contract is to be awarded. The chief executive officer and
14board director shall consult with the division of criminal
15investigation and shall provide for the scope of the background
16investigation and due diligence to be conducted in connection
17with major procurement contracts. At the time of submitting
18a bid, proposal, or offer to the authority department on a
19major procurement contract, the authority department shall
20require that each vendor submit to the division of criminal
21investigation appropriate investigation authorization to
22facilitate this investigation, together with an advance
23of funds to meet the anticipated investigation costs. If
24the division of criminal investigation determines that
25additional funds are required to complete an investigation,
26the vendor will be so advised. The background investigation
27by the division of criminal investigation may include a
28national criminal history check through the federal bureau of
29investigation. The screening of vendors or their employees
30through the federal bureau of investigation shall be conducted
31by submission of fingerprints through the state criminal
32history repository to the federal bureau of investigation.
333. A major procurement contract shall not be entered into
34with any lottery system vendor who has not complied with the
35disclosure requirements described in this section, and any
-1310-1contract with such a vendor is voidable at the option of the
2authority department. Any contract with a vendor that does
3not comply with the requirements for periodically updating
4such disclosures during the tenure of the contract as may be
5specified in such contract may be terminated by the authority
6 department. The provisions of this section shall be construed
7broadly and liberally to achieve the ends of full disclosure
8of all information necessary to allow for a full and complete
9evaluation by the authority department of the competence,
10integrity, background, and character of vendors for major
11procurements.
125. A major procurement contract shall not be entered into
13with any vendor if such vendor has an ownership interest in an
14entity that had supplied consultation services under contract
15to the authority department under this chapter regarding the
16request for proposals pertaining to those particular goods or
17services.
186. If, based on the results of a background investigation,
19the board department determines that the best interests of
20the authority department, including but not limited to the
21authority’s department’s reputation for integrity, would be
22served thereby, the board department may disqualify a potential
23vendor from contracting with the authority department for a
24major procurement contract or from acting as a subcontractor in
25connection with a contract for a major procurement contract.
26 Sec. 2355. Section 99G.23, Code 2023, is amended to read as
27follows:
2899G.23 Vendor bonding, tax filing, and competitive bidding.
291. The authority department may purchase, lease, or
30lease-purchase such goods or services as are necessary for
31effectuating the purposes of this chapter. The authority
32 department may make procurements that integrate functions
33such as lottery game design, lottery ticket distribution to
34retailers, supply of goods and services, and advertising. In
35all procurement decisions under this chapter, the authority
-1311-1 department shall take into account the particularly sensitive
2nature of the lottery and shall act to promote and ensure
3security, honesty, fairness, and integrity in the operation and
4administration of the lottery and the objectives of raising net
5proceeds for state programs.
62. Each vendor shall, at the execution of the contract
7with the authority department pursuant to this chapter, post
8a performance bond or letter of credit from a bank or credit
9provider acceptable to the authority department in an amount
10as deemed necessary by the authority department for that
11particular bid or contract.
123. Each vendor shall be qualified to do business in this
13state and shall file appropriate tax returns as provided by the
14laws of this state.
154. All major procurement contracts must be competitively
16bid pursuant to policies and procedures approved by the board
17 department unless there is only one qualified vendor and that
18vendor has an exclusive right to offer the service or product.
19 Sec. 2356. Section 99G.24, Code 2023, is amended to read as
20follows:
2199G.24 Retailer compensation — licensing.
221. The general assembly recognizes that to conduct a
23successful lottery, the authority department must develop and
24maintain a statewide network of lottery retailers that will
25serve the public convenience and promote the sale of tickets
26or shares and the playing of lottery games while ensuring the
27integrity of the lottery operations, games, and activities.
282. The board department shall determine the compensation
29to be paid to licensed retailers. Compensation may include
30provision for variable payments based on sales volume or
31incentive considerations.
323. The authority department shall issue a license
33certificate to each person with whom it contracts as a retailer
34for purposes of display as provided in this section. Every
35lottery retailer shall post its license certificate, or a
-1312-1facsimile thereof, and keep it conspicuously displayed in a
2location on the premises accessible to the public. No license
3shall be assignable or transferable. Once issued, a license
4shall remain in effect until canceled, suspended, or terminated
5by the authority department.
64. A licensee under this section shall cooperate with the
7authority department by using point-of-purchase materials,
8posters, and other marketing material when requested to do so
9by the authority department. Lack of cooperation is sufficient
10cause for revocation of a retailer’s license.
115. The board department shall develop a list of objective
12criteria upon which the qualification of lottery retailers
13shall be based. Separate criteria shall be developed to govern
14the selection of retailers of instant tickets and on-line
15retailers. In developing these criteria, the board department
16 shall consider such factors as the applicant’s financial
17responsibility, security of the applicant’s place of business
18or activity, accessibility to the public, integrity, and
19reputation. The criteria shall include but not be limited to
20the volume of expected sales and the sufficiency of existing
21licensees to serve the public convenience.
226. The applicant shall be current in filing all applicable
23tax returns to the state of Iowa and in payment of all taxes,
24interest, and penalties owed to the state of Iowa, excluding
25items under formal appeal pursuant to applicable statutes. The
26department of revenue is authorized and directed to provide
27this information to the authority those employees of the
28department performing duties pursuant to this chapter and
29designated to receive this information.
307. A person, partnership, unincorporated association,
31authority, or other business entity shall not be selected as
32a lottery retailer if the person or entity meets any of the
33following conditions:
34a. Has been convicted of a criminal offense related to
35the security or integrity of the lottery in this or any other
-1313-1jurisdiction.
2b. Has been convicted of any illegal gambling activity,
3false statements, perjury, fraud, or a felony in this or any
4other jurisdiction.
5c. Has been found to have violated the provisions of
6this chapter or any regulation, policy, or procedure of the
7authority or of the lottery division department for purposes
8of this chapter unless either ten years have passed since the
9violation or the board department finds the violation both
10minor and unintentional in nature.
11d. Is a vendor or any employee or agent of any vendor doing
12business with the authority department under this chapter.
13e. Resides in the same household as an officer of the
14authority department under this chapter.
15f. Is less than eighteen years of age.
16g. Does not demonstrate financial responsibility sufficient
17to adequately meet the requirements of the proposed enterprise.
18h. Has not demonstrated that the applicant is the true
19owner of the business proposed to be licensed and that all
20persons holding at least a ten percent ownership interest in
21the applicant’s business have been disclosed.
22i. Has knowingly made a false statement of material fact to
23the authority department.
248. Persons applying to become lottery retailers may be
25charged a uniform application fee for each lottery outlet.
269. Any lottery retailer contract executed pursuant to
27this section may, for good cause, be suspended, revoked, or
28terminated by the chief executive officer director or the
29chief executive officer’s director’s designee if the retailer
30is found to have violated any provision of this chapter or
31objective criteria established by the board department. Cause
32for suspension, revocation, or termination may include, but is
33not limited to, sale of tickets or shares to a person under the
34age of twenty-one and failure to pay for lottery products in a
35timely manner.
-1314-1 Sec. 2357. Section 99G.25, Code 2023, is amended to read as
2follows:
399G.25 License not assignable.
4Any lottery retailer license certificate or contract shall
5not be transferable or assignable. The authority department
6 may issue a temporary license when deemed in the best interests
7of the state. A lottery retailer shall not contract with any
8person for lottery goods or services, except with the approval
9of the board department.
10 Sec. 2358. Section 99G.26, Code 2023, is amended to read as
11follows:
1299G.26 Retailer bonding.
13The authority department may require any retailer to post an
14appropriate bond, as determined by the authority department,
15using a cash bond or an insurance company acceptable to the
16authority department.
17 Sec. 2359. Section 99G.27, Code 2023, is amended to read as
18follows:
1999G.27 Lottery retail licenses — cancellation, suspension,
20revocation, or termination.
211. A lottery retail license issued by the authority
22 department pursuant to this chapter may be canceled, suspended,
23revoked, or terminated by the authority department for reasons
24including, but not limited to, any of the following:
25a. A violation of this chapter, a regulation, or a policy or
26procedure of the authority department under this chapter.
27b. Failure to accurately or timely account or pay for
28lottery products, lottery games, revenues, or prizes as
29required by the authority department.
30c. Commission of any fraud, deceit, or misrepresentation.
31d. Insufficient sales.
32e. Conduct prejudicial to public confidence in the lottery.
33f. The retailer filing for or being placed in bankruptcy or
34receivership.
35g. Any material change as determined in the sole discretion
-1315-1of the authority department in any matter considered by
2the authority department in executing the contract with the
3retailer.
4h. Failure to meet any of the objective criteria established
5by the authority department pursuant to this chapter.
6i. Other conduct likely to result in injury to the property,
7revenue, or reputation of the authority department under this
8chapter.
92. A lottery retailer license may be temporarily suspended
10by the authority department without prior notice if the
11chief executive officer director or designee determines that
12further sales by the licensed retailer are likely to result in
13immediate injury to the property, revenue, or reputation of the
14authority department.
153. The board department shall adopt administrative rules
16governing appeals of lottery retailer licensing disputes.
17 Sec. 2360. Section 99G.28, Code 2023, is amended to read as
18follows:
1999G.28 Proceeds held in trust.
20All proceeds from the sale of the lottery tickets or shares
21shall constitute a trust fund until paid to the authority
22 department directly, through electronic funds transfer to the
23authority department, or through the authority’s department’s
24 authorized collection representative. A lottery retailer
25and officers of a lottery retailer’s business shall have a
26fiduciary duty to preserve and account for lottery proceeds and
27lottery retailers shall be personally liable for all proceeds.
28Proceeds shall include unsold products received but not paid
29for by a lottery retailer and cash proceeds of the sale of any
30lottery products net of allowable sales commissions and credit
31for lottery prizes paid to winners by lottery retailers. Sales
32proceeds of pull-tab tickets shall include the sales price
33of the lottery product net of allowable sales commission and
34prizes contained in the product. Sales proceeds and unused
35instant tickets shall be delivered to the authority department
-1316-1 or its authorized collection representative upon demand.
2 Sec. 2361. Section 99G.29, Code 2023, is amended to read as
3follows:
499G.29 Retailer rental calculations — lottery ticket sales
5treatment.
6If a lottery retailer’s rental payments for the business
7premises are contractually computed, in whole or in part, on
8the basis of a percentage of retail sales and such computation
9of retail sales is not explicitly defined to include sales
10of tickets or shares in a state-operated or state-managed
11lottery, only the compensation received by the lottery retailer
12from the authority department may be considered the amount of
13the lottery retail sale for purposes of computing the rental
14payment.
15 Sec. 2362. Section 99G.30, Code 2023, is amended to read as
16follows:
1799G.30 Ticket sales requirements — penalties.
181. Lottery tickets or shares may be distributed by the
19authority department for promotional purposes.
202. A ticket or share shall not be sold at a price other than
21that fixed by the authority department and a sale shall not be
22made other than by a retailer or an employee of the retailer
23who is authorized by the retailer to sell tickets or shares. A
24person who violates a provision of this subsection is guilty
25of a simple misdemeanor.
263. A ticket or share shall not be sold to a person who has
27not reached the age of twenty-one. Any person who knowingly
28sells a lottery ticket or share to a person under the age of
29twenty-one shall be guilty of a simple misdemeanor. It shall
30be an affirmative defense to a charge of a violation under this
31section that the retailer reasonably and in good faith relied
32upon presentation of proof of age in making the sale. A prize
33won by a person who has not reached the age of twenty-one but
34who purchases a winning ticket or share in violation of this
35subsection shall be forfeited. This section does not prohibit
-1317-1the lawful purchase of a ticket or share for the purpose
2of making a gift to a person who has not reached the age of
3twenty-one. The board department shall adopt administrative
4rules governing the payment of prizes to persons who have not
5reached the age of twenty-one.
64. Except for the authority department, a retailer shall
7only sell lottery products on the licensed premises and not
8through the mail or by technological means except as the
9authority department may provide or authorize.
105. The retailer may accept payment by cash, check, money
11order, debit card, or electronic funds transfer. The retailer
12shall not extend or arrange credit for the purchase of a ticket
13or share. As used in this subsection, “cash” means United
14States currency.
156. Nothing in this chapter shall be construed to prohibit
16the authority department from designating certain of its
17agents and employees to sell or give lottery tickets or shares
18directly to the public.
197. No elected official’s name shall be printed on tickets.
20 Sec. 2363. Section 99G.31, subsections 1 and 2, Code 2023,
21are amended to read as follows:
221. The chief executive officer director shall award the
23designated prize to the holder of the ticket or share upon
24presentation of the winning ticket or confirmation of a winning
25share. The prize shall be given to only one person as provided
26in this section; however, a prize shall be divided between
27holders of winning tickets if there is more than one winning
28ticket.
292. The authority department shall only pay prizes for
30lottery tickets or shares that the authority department
31 determines were legally purchased, legally possessed, and
32legally presented.
33 Sec. 2364. Section 99G.31, subsection 3, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35The authority department shall adopt administrative rules,
-1318-1policies, and procedures to establish a system of verifying
2the validity of tickets or shares claimed to win prizes and
3to effect payment of such prizes, subject to the following
4requirements:
5 Sec. 2365. Section 99G.31, subsection 3, paragraphs b, d, f,
6g, h, and i, Code 2023, are amended to read as follows:
7b. A prize shall not be paid arising from claimed tickets
8that are stolen, counterfeit, altered, fraudulent, unissued,
9produced or issued in error, unreadable, not received, or
10not recorded by the authority department within applicable
11deadlines; lacking in captions that conform and agree with the
12play symbols as appropriate to the particular lottery game
13involved; or not in compliance with such additional specific
14administrative rules, policies, and public or confidential
15validation and security tests of the authority department
16 appropriate to the particular lottery game involved.
17d. Unclaimed prize money for the prize on a winning ticket
18or share shall be retained for a period deemed appropriate by
19the chief executive officer, subject to approval by the board
20 director. If a valid claim is not made for the money within the
21applicable period, the unclaimed prize money shall be added to
22the pool from which future prizes are to be awarded or used for
23special prize promotions. Notwithstanding this subsection, the
24disposition of unclaimed prize money from multijurisdictional
25games shall be made in accordance with the rules of the
26multijurisdictional game.
27f. The authority department is discharged of all liability
28upon payment of a prize pursuant to this section.
29g. No ticket or share issued by the authority department
30 shall be purchased by and no prize shall be paid to any member
31of the board of directors; any officer or employee of the
32authority department under this chapter; or to any spouse,
33child, brother, sister, or parent residing as a member of the
34same household in the principal place of residence of any such
35person.
-1319- 1h. No ticket or share issued by the authority department
2 shall be purchased by and no prize shall be paid to any
3officer, employee, agent, or subcontractor of any vendor or
4to any spouse, child, brother, sister, or parent residing
5as a member of the same household in the principal place of
6residence of any such person if such officer, employee, agent,
7or subcontractor has access to confidential information which
8may compromise the integrity of the lottery.
9i. The proceeds of any lottery prize shall be subject to
10state and federal income tax laws. An amount deducted from the
11prize for payment of a state tax, pursuant to section 422.16,
12subsection 1, shall be transferred by the authority to the
13department of revenue on behalf of the prize winner.
14 Sec. 2366. Section 99G.32, Code 2023, is amended to read as
15follows:
1699G.32 Authority Department legal representation — lottery.
17The authority department shall retain the services of legal
18counsel to advise the authority department and the board
19under this chapter and to provide representation in legal
20proceedings. The authority department may retain the attorney
21general or a full-time assistant attorney general in that
22capacity and provide reimbursement for the cost of advising and
23representing the board and the authority department.
24 Sec. 2367. Section 99G.33, Code 2023, is amended to read as
25follows:
2699G.33 Law enforcement investigations.
27The department of public safety, division of criminal
28investigation, shall be the primary state agency responsible
29for investigating criminal violations under this chapter.
30The chief executive officer director shall contract with
31the department of public safety for investigative services,
32including the employment of special agents and support
33personnel, and procurement of necessary equipment to carry out
34the responsibilities of the division of criminal investigation
35under the terms of the contract and this chapter.
-1320-1 Sec. 2368. Section 99G.34, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3The records of the authority department under this chapter
4 shall be governed by the provisions of chapter 22, provided
5that, in addition to records that may be kept confidential
6pursuant to section 22.7, the following records shall be kept
7confidential, unless otherwise ordered by a court, by the
8lawful custodian of the records, or by another person duly
9authorized to release such information:
10 Sec. 2369. Section 99G.34, subsections 1, 4, and 7, Code
112023, are amended to read as follows:
121. Marketing plans, research data, and proprietary
13intellectual property owned or held by the authority department
14for purposes of this chapter under contractual agreements.
154. Security records pertaining to investigations and
16intelligence-sharing information between lottery security
17officers and those of other lotteries and law enforcement
18agencies, the security portions or segments of lottery
19requests for proposals, proposals by vendors to conduct
20lottery operations, and records of the security division of
21the authority department under this chapter pertaining to game
22security data, ticket validation tests, and processes.
237. Security reports and other information concerning bids
24or other contractual data, the disclosure of which would impair
25the efforts of the authority department to contract for goods
26or services on favorable terms under this chapter.
27 Sec. 2370. Section 99G.35, Code 2023, is amended to read as
28follows:
2999G.35 Security.
301. The authority’s department’s chief security officer
31and investigators under this chapter shall be qualified by
32training and experience in law enforcement to perform their
33respective duties in support of the activities of the security
34office. The chief security officer and investigators shall not
35have sworn peace officer status. The lottery security office
-1321-1shall perform all of the following activities in support of the
2authority mission of the department under this chapter:
3a. Supervise ticket or share validation and lottery
4drawings, provided that the authority department may enter
5into cooperative agreements with multijurisdictional lottery
6administrators for shared security services at drawings and
7game show events involving more than one participating lottery.
8b. Inspect at times determined solely by the authority
9 department the facilities of any vendor or lottery retailer in
10order to determine the integrity of the vendor’s product or the
11operations of the retailer in order to determine whether the
12vendor or the retailer is in compliance with its contract.
13c. Report any suspected violations of this chapter to
14the appropriate county attorney or the attorney general and
15to any law enforcement agencies having jurisdiction over the
16violation.
17d. Upon request, provide assistance to any county attorney,
18the attorney general, the department of public safety, or any
19other law enforcement agency.
20e. Upon request, provide assistance to retailers in meeting
21their licensing contract requirements and in detecting retailer
22employee theft.
23f. Monitor authority division operations for compliance with
24internal security requirements.
25g. Provide physical security at the authority’s central
26operations facilities used by the department for purposes of
27this chapter.
28h. Conduct on-press product production surveillance,
29testing, and quality approval for printed scratch and pull-tab
30tickets.
31i. Coordinate employee and retailer background
32investigations conducted by the department of public safety,
33division of criminal investigation.
342. The authority department may enter into
35intelligence-sharing, reciprocal use, or restricted use
-1322-1agreements for purposes of this chapter with the federal
2government, law enforcement agencies, lottery regulation
3agencies, and gaming enforcement agencies of other
4jurisdictions which provide for and regulate the use of
5information provided and received pursuant to the agreement.
63. Records, documents, and information in the possession of
7the authority department received under this chapter pursuant
8to an intelligence-sharing, reciprocal use, or restricted
9use agreement entered into by the authority department with
10a federal department or agency, any law enforcement agency,
11or the lottery regulation or gaming enforcement agency of any
12jurisdiction shall be considered investigative records of a law
13enforcement agency and are not subject to chapter 22 and shall
14not be released under any condition without the permission of
15the person or agency providing the record or information.
16 Sec. 2371. Section 99G.36, subsection 5, Code 2023, is
17amended to read as follows:
185. No person shall knowingly or intentionally make
19a material false statement in any lottery prize claim,
20make a material false statement in any application for a
21license or proposal to conduct lottery activities, or make a
22material false entry in any book or record which is compiled
23or maintained or submitted to the authority or the board
24 department pursuant to the provisions of this chapter. Any
25person who violates the provisions of this subsection shall be
26guilty of a class “D” felony.
27 Sec. 2372. Section 99G.37, Code 2023, is amended to read as
28follows:
2999G.37 Competitive bidding.
301. The authority department shall enter into a major
31procurement contract pursuant to competitive bidding. The
32requirement for competitive bidding does not apply in the
33case of a single vendor having exclusive rights to offer a
34particular service or product. The board department shall
35adopt procedures for competitive bidding. Procedures adopted
-1323-1by the board department shall be designed to allow the
2selection of proposals that provide the greatest long-term
3benefit to the state, the greatest integrity for the authority
4 department, and the best service and products for the public.
52. In any bidding process under this chapter, the authority
6 department may administer its own bidding and procurement or
7may utilize the services of the department of administrative
8services or other state agency.
9 Sec. 2373. Section 99G.38, Code 2023, is amended to read as
10follows:
1199G.38 Authority Lottery finance — self-sustaining.
121. The authority department may borrow, or accept and
13expend, in accordance with the provisions of this chapter, such
14moneys as may be received from any source, including income
15from the authority’s department’s operations, for effectuating
16its business purposes under this chapter, including the payment
17of the initial expenses of initiation, administration, and
18operation of the authority department under this chapter and
19the lottery.
202. The authority department as it relates to the lottery
21 shall be self-sustaining and self-funded. Moneys in the
22general fund of the state shall not be used or obligated to pay
23the expenses of the authority department under this chapter
24 or prizes of the lottery, and no claim for the payment of an
25expense of the lottery or prizes of the lottery may be made
26against any moneys other than moneys credited to the authority
27 department operating account pursuant to this chapter.
283. The state of Iowa offset program, as provided in section
298A.504, shall be available to the authority to facilitate
30receipt of funds owed to the authority department under this
31chapter.
32 Sec. 2374. Section 99G.39, subsections 1 and 3, Code 2023,
33are amended to read as follows:
341. Upon receipt of any revenue, the chief executive officer
35 director shall deposit the moneys in the lottery fund created
-1324-1pursuant to section 99G.40. At least fifty percent of the
2projected annual revenue accruing from the sale of tickets
3or shares shall be allocated for payment of prizes to the
4holders of winning tickets. After the payment of prizes, the
5expenses of conducting the lottery shall be deducted from the
6authority’s department’s revenue under this chapter prior to
7disbursement. Expenses for advertising production and media
8purchases shall not exceed four percent of the authority’s
9 department’s gross revenue under this chapter for the year.
103. Two million five hundred thousand dollars in lottery
11revenues shall be transferred each fiscal year to the veterans
12trust fund established pursuant to section 35A.13 prior to
13deposit of the lottery revenues in the general fund pursuant
14to section 99G.40. However, if the balance of the veterans
15trust fund is fifty million dollars or more, the moneys shall
16be appropriated to the department of revenue for distribution
17to county directors of veteran affairs, with fifty percent
18of the moneys to be distributed equally to each county and
19fifty percent of the moneys to be distributed to each county
20based upon the population of veterans in the county, so long
21as the moneys distributed to a county do not supplant moneys
22appropriated by that county for the county director of veteran
23affairs.
24 Sec. 2375. Section 99G.39, subsection 6, paragraph b, Code
252023, is amended to read as follows:
26b. The treasurer of state shall, each quarter, prepare
27an estimate of the gaming revenues and lottery revenues that
28will become available during the remainder of the appropriate
29fiscal year for the purposes described in paragraph “a”. The
30department of management and the department of revenue shall
31take appropriate actions to provide that the amount of gaming
32revenues and lottery revenues that will be available during the
33remainder of the appropriate fiscal year is sufficient to cover
34any anticipated deficiencies.
35 Sec. 2376. Section 99G.40, Code 2023, is amended to read as
-1325-1follows:
299G.40 Audits and reports — lottery fund.
31. To ensure the financial integrity of the lottery, the
4authority department shall do all of the following:
5a. Submit quarterly and annual reports to the governor,
6state auditor, and the general assembly disclosing the total
7lottery revenues, prize disbursements, and other expenses
8of the authority department under this chapter during the
9reporting period. The fourth quarter report shall be included
10in the annual report made pursuant to this section. The annual
11report shall include a complete statement of lottery revenues,
12prize disbursements, and other expenses, and recommendations
13for changes in the law that the chief executive officer
14 director deems necessary or desirable for purposes of this
15chapter. The annual report shall be submitted within one
16hundred twenty days after the close of the fiscal year. The
17chief executive officer director shall report immediately to
18the governor, the treasurer of state, and the general assembly
19any matters that require immediate changes in the law in order
20to prevent abuses or evasions of this chapter or rules adopted
21or to rectify undesirable conditions in connection with the
22administration or operation of the lottery.
23b. Maintain weekly or more frequent records of lottery
24transactions, including the distribution of tickets or shares
25to retailers, revenues received, claims for prizes, prizes
26paid, prizes forfeited, and other financial transactions of the
27authority department under this chapter.
28c. The authority department shall deposit in the lottery
29fund created in subsection 2 any moneys received by retailers
30from the sale of tickets or shares less the amount of any
31compensation due the retailers. The chief executive officer
32 director may require licensees to file with the authority
33 department reports of receipts and transactions in the sale
34of tickets or shares. The reports shall be in the form and
35contain the information the chief executive officer director
-1326-1 requires.
22. A lottery fund is created in the office of the treasurer
3of state and shall exist as the recipient fund for authority
4 department receipts under this chapter. The fund consists
5of all revenues received from the sale of lottery tickets or
6shares and all other moneys lawfully credited or transferred
7to the fund. The chief executive officer director shall
8certify quarterly that portion of the fund that has been
9transferred to the general fund of the state under this chapter
10and shall cause that portion to be transferred to the general
11fund of the state. However, upon the request of the chief
12executive officer director and subject to the approval by
13the treasurer of state, an amount sufficient to cover the
14foreseeable administrative expenses of the lottery for a period
15of twenty-one days may be retained from the lottery fund.
16Prior to the quarterly transfer to the general fund of the
17state, the chief executive officer director may direct that
18lottery revenue shall be deposited in the lottery fund and in
19interest-bearing accounts designated by the treasurer of state.
20Interest or earnings paid on the deposits or investments is
21considered lottery revenue and shall be transferred to the
22general fund of the state in the same manner as other lottery
23revenue.
243. The chief executive officer director shall certify
25before the last day of the month following each quarter
26that portion of the lottery fund resulting from the previous
27quarter’s sales to be transferred to the general fund of the
28state.
294. For informational purposes only, the chief executive
30officer shall submit to the department of management by October
311 of each year a proposed operating budget for the authority
32for the succeeding fiscal year. This budget proposal shall
33also be accompanied by an estimate of the net proceeds to
34be deposited into the general fund during the succeeding
35fiscal year. This budget shall be on forms prescribed by the
-1327-1department of management. A copy of the information required
2to be submitted to the department of management pursuant to
3this subsection shall be submitted to the general assembly’s
4standing committees on government oversight and the legislative
5services agency by October 1 of each year.
65. 4. The authority shall adopt the same fiscal year as
7that used by state government and activities of the department
8under this chapter shall be audited annually as part of the
9audit of the department by the auditor of state or a certified
10public accounting firm appointed by the auditor. The auditor
11of state or a designee conducting an audit of the activities
12of the department under this chapter shall have access and
13authority to examine any and all records of licensees necessary
14to determine compliance with this chapter and the rules adopted
15pursuant to this chapter. The cost of audits and examinations
16conducted by the auditor of state or a designee shall be paid
17for by the authority as provided in chapter 11.
18 Sec. 2377. Section 99G.41, Code 2023, is amended to read as
19follows:
2099G.41 Prize offsets — garnishments.
211. Any claimant agency may submit to the authority
22 department a list of the names of all persons indebted to such
23claimant agency or to persons on whose behalf the claimant
24agency is acting. The full amount of the debt shall be
25collectible from any lottery winnings due the debtor without
26regard to limitations on the amounts that may be collectible
27in increments through garnishment or other proceedings. Such
28list shall constitute a valid lien upon and claim of lien
29against the lottery winnings of any debtor named in such list.
30The list shall contain the names of the debtors, their social
31security numbers if available, and any other information that
32assists the authority department in identifying the debtors
33named in the list.
342. The authority department is authorized and directed
35to withhold any winnings paid out directly by the authority
-1328-1 department subject to the lien created by this section and
2send notice to the winner. However, if the winner appears
3and claims winnings in person, the authority department shall
4notify the winner at that time by hand delivery of such action.
5The authority department shall pay the funds over to the agency
6administering the offset program.
73. Notwithstanding the provisions of section 99G.34
8which prohibit disclosure by the authority department of
9certain portions of the contents of prize winner records or
10information, and notwithstanding any other confidentiality
11statute, the authority department may provide to a claimant
12agency all information necessary to accomplish and effectuate
13the intent of this section.
144. The information obtained by a claimant agency from
15the authority department in accordance with this section
16shall retain its confidentiality and shall only be used by a
17claimant agency in the pursuit of its debt collection duties
18and practices. Any employee or prior employee of any claimant
19agency who unlawfully discloses any such information for any
20other purpose, except as otherwise specifically authorized by
21law, shall be subject to the same penalties specified by law
22for unauthorized disclosure of confidential information by
23an agent or employee of the authority department under this
24chapter.
255. Except as otherwise provided in this chapter,
26attachments, garnishments, or executions authorized and issued
27pursuant to law shall be withheld if timely served upon the
28authority department.
296. The provisions of this section shall only apply to prizes
30paid directly by the authority department and shall not apply
31to any retailers authorized by the board department to pay
32prizes of up to six hundred dollars after deducting the price
33of the ticket or share.
34 Sec. 2378. Section 99G.42, Code 2023, is amended to read as
35follows:
-1329- 199G.42 Compulsive gamblers — treatment program information.
2The authority department shall cooperate with the gambling
3treatment program administered by the Iowa department of public
4health to incorporate information regarding the gambling
5treatment program and its toll-free telephone number in printed
6materials distributed by the authority department pursuant to
7this chapter.
8 Sec. 2379. IOWA LOTTERY — TRANSITION PROVISIONS.
91. For purposes of this section, unless the context
10otherwise requires:
11a. “Department” means the department of revenue.
12b. “Iowa lottery authority” means the Iowa lottery
13authority established pursuant to 2003 Iowa Acts, chapter 178,
14section 66.
152. The department shall be the legal successor to the
16Iowa lottery authority and, as such, shall assume all rights,
17privileges, obligations, and responsibilities of the Iowa
18lottery authority. The promulgated rules of the Iowa lottery
19authority shall remain in full force and effect as the rules of
20the department until amended or repealed by the department. In
21addition, the department may continue the security practices
22and procedures utilized by the Iowa lottery authority until
23amended or repealed by the department.
243. At 12:01 a.m.on July 1, 2023, the department shall
25become the legal successor to the Iowa lottery authority.
264. Personnel of the Iowa lottery authority employed on
27July 1, 2023, shall transition to the department as department
28employees under chapter 99G. The chief executive officer
29of the Iowa lottery authority on July 1, 2023, shall be the
30lottery administrator, as provided in this Act, on that date
31without the requirement to be reappointed by the governor.
325. The department shall function as the legal successor to
33the Iowa lottery authority and shall assume all of the assets
34and obligations of the Iowa lottery authority, and funds of the
35state shall not be used or obligated to pay the expenses or
-1330-1prizes of the department or its predecessor, the Iowa lottery
2authority.
36. In order to effect an immediate and efficient transition
4of the lottery from the Iowa lottery authority to the
5department, as soon as practicable, the department shall do all
6of the following:
7a. Take such steps and enter into such agreements as
8the director of the department may determine are necessary
9and proper in order to effect the transfer, assignment, and
10delivery to the department from the Iowa lottery authority
11of all the tangible and intangible assets constituting the
12lottery, including the exclusive right to operate the lottery
13and the assignment to and assumption by the department of all
14agreements, covenants, and obligations of the Iowa lottery
15authority and other agencies of the state, relating to the
16operation and management of the lottery.
17b. Receive as transferee from the Iowa lottery authority all
18of the tangible and intangible assets constituting the lottery
19including, without limitation, the exclusive authorization
20to operate a lottery in the state of Iowa and ownership of
21annuities and bonds purchased prior to the date of transfer and
22held in the name of the Iowa lottery for payment of lottery
23prizes, and shall assume and discharge all of the agreements,
24covenants, and obligations of the Iowa lottery authority
25entered into and constituting part of the operation and
26management of the lottery. In consideration for such transfer
27and assumption, the department shall transfer to the state all
28net profits of the department under chapter 99G, at such times
29and subject to such financial transfer requirements as are
30provided in this division of this Act.
31alcoholic beverage control
32 Sec. 2380. Section 123.3, subsections 1, 15, and 19, Code
332023, are amended by striking the subsections.
34 Sec. 2381. Section 123.3, Code 2023, is amended by adding
35the following new subsections:
-1331-1 NEW SUBSECTION. 16A. “Council” means the alcoholic
2beverages council established by this chapter.
3 NEW SUBSECTION. 16B. “Department” means the department of
4revenue.
5 NEW SUBSECTION. 17A. “Director” means the director of the
6department of revenue or the director’s designee.
7 Sec. 2382. Section 123.3, subsections 6, 14, 16, 26, 29, 30,
8and 38, Code 2023, are amended to read as follows:
96. “Application” means a written request for the issuance
10of a permit, license, or certificate that is supported by a
11verified statement of facts and submitted electronically, or in
12a manner prescribed by the administrator director.
1314. “Commercial establishment” means a place of business
14which is at all times equipped with sufficient tables and
15seats to accommodate twenty-five persons at one time, and
16the licensed premises of which conform to the standards and
17specifications of the division department.
1816. “Completed application” means an application where all
19necessary fees have been paid in full, any required bonds have
20been submitted, the applicant has provided all information
21requested by the division department, and the application
22meets the requirements of section 123.92, subsection 2, if
23applicable.
2426. The terms “in accordance with the provisions of this
25chapter”, “pursuant to the provisions of this title”, or similar
26terms shall include all rules and regulations of the division
27 department adopted to aid in the administration or enforcement
28of those provisions.
2929. “Licensed premises” or “premises” means all rooms,
30enclosures, contiguous areas, or places susceptible of precise
31description satisfactory to the administrator director where
32alcoholic beverages, wine, or beer is sold or consumed under
33authority of a retail alcohol license, wine permit, or beer
34permit. A single licensed premises may consist of multiple
35rooms, enclosures, areas, or places if they are wholly within
-1332-1the confines of a single building or contiguous grounds.
230. “Local authority” means the city council of any
3incorporated city in this state, or the county board of
4supervisors of any county in this state, which is empowered by
5this chapter to approve or deny applications for retail alcohol
6licenses; empowered to recommend that such licenses be granted
7and issued by the division department; and empowered to take
8other actions reserved to them by this chapter.
938. “Permit” or “license” means an express written
10authorization issued by the division department for the
11manufacture or sale, or both, of alcoholic liquor, wine, or
12beer.
13 Sec. 2383. Section 123.3, subsection 40, paragraphs a and d,
14Code 2023, are amended to read as follows:
15a. The person has such financial standing and good
16reputation as will satisfy the administrator director that the
17person will comply with this chapter and all laws, ordinances,
18and regulations applicable to the person’s operations under
19this chapter. However, the administrator director shall not
20require the person to post a bond to meet the requirements of
21this paragraph.
22d. The person has not been convicted of a felony. However,
23if the person’s conviction of a felony occurred more than
24five years before the date of the application for a license
25or permit, and if the person’s rights of citizenship have
26been restored by the governor, the administrator director
27 may determine that the person is of good moral character
28notwithstanding such conviction.
29 Sec. 2384. Section 123.4, Code 2023, is amended by striking
30the section and inserting in lieu thereof the following:
31123.4 Alcoholic beverage control.
32The department of revenue shall administer and enforce the
33laws of this state concerning alcoholic beverage control.
34 Sec. 2385. Section 123.5, Code 2023, is amended to read as
35follows:
-1333- 1123.5 Alcoholic beverages commission council created —
2appointment — removal — vacancies.
31. An alcoholic beverages commission council is created
4within the division department. The commission council is
5composed of five members, not more than three of whom shall
6belong to the same political party.
72. Members shall be appointed by the governor, subject
8to confirmation by the senate. Appointments shall be for
9five-year staggered terms beginning and ending as provided by
10section 69.19. A member may be reappointed for one additional
11term.
123. Members of the commission council shall be chosen on
13the basis of managerial ability and experience as business
14executives. Not more than two members of the commission
15 council may be the holder of or have an interest in a permit or
16license to manufacture alcoholic liquor, wine, or beer or to
17sell alcoholic liquor, wine, or beer at wholesale or retail.
184. Any commission council member shall be subject to removal
19for any of the causes and in the manner provided by chapter 66
20relating to removal from office. Removal shall not be in lieu
21of any other punishment that may be prescribed by the laws of
22this state.
235. Any vacancy on the commission council shall be filled
24in the same manner as regular appointments are made for the
25unexpired portion of the regular term.
26 Sec. 2386. Section 123.6, Code 2023, is amended to read as
27follows:
28123.6 Commission Council meetings.
29The commission council shall meet on or before July 1 of
30each year for the purpose of selecting one of its members
31as chairperson for the succeeding year. The commission
32 council shall otherwise meet quarterly or at the call of the
33chairperson or administrator director or when three members
34file a written request for a meeting. Written notice of the
35time and place of each meeting shall be given to each member of
-1334-1the commission. A majority of the commission council members
2shall constitute a quorum.
3 Sec. 2387. Section 123.7, Code 2023, is amended by striking
4the section and inserting in lieu thereof the following:
5123.7 Duties of director.
6The director shall supervise the daily operations of the
7department under this chapter and shall execute the alcoholic
8beverage control policies of the department.
9 Sec. 2388. Section 123.8, Code 2023, is amended to read as
10follows:
11123.8 Duties of commission and administrator council.
121. The commission council, in addition to the duties
13specifically enumerated in this chapter, shall act as
14a division policy-making body and serve in an advisory
15capacity to the administrator director and department. The
16administrator shall supervise the daily operations of the
17division and shall execute the policies of the division as
18determined by the commission.
192. The commission council may advise and review and affirm,
20reverse, or amend all actions of the administrator director
21under this chapter, including but not limited to the following
22instances:
23a. Purchases of alcoholic liquor for resale by the division
24 department.
25b. The establishment of wholesale prices of alcoholic
26liquor.
27 Sec. 2389. Section 123.9, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29The administrator director, in executing divisional the
30alcoholic beverage control functions of the department, shall
31have the following duties and powers:
32 Sec. 2390. Section 123.9, subsections 1, 4, and 7, Code
332023, are amended to read as follows:
341. To receive alcoholic liquors on a bailment system for
35resale by the division department in the manner set forth in
-1335-1this chapter.
24. To appoint clerks, agents, or other employees required
3for carrying out the provisions of this chapter; to dismiss
4employees for cause; to assign employees to bureaus as created
5by the administrator director within the division department;
6and to designate their title, duties, and powers. All
7employees of the division department appointed for purposes of
8this chapter are subject to chapter 8A, subchapter IV, unless
9exempt under section 8A.412.
107. To accept alcoholic liquors ordered delivered to the
11alcoholic beverages division department pursuant to chapter
12809A, and offer for sale and deliver the alcoholic liquors to
13class “E” retail alcohol licensees, unless the administrator
14 director determines that the alcoholic liquors may be
15adulterated or contaminated. If the administrator director
16 determines that the alcoholic liquors may be adulterated or
17contaminated, the administrator director shall order their
18destruction.
19 Sec. 2391. Section 123.10, unnumbered paragraph 1, Code
202023, is amended to read as follows:
21The administrator director, with the approval of the
22commission and subject to chapter 17A, may adopt rules as
23necessary to carry out this chapter. The administrator’s
24 director’s authority under this chapter extends to, but is not
25limited to, the following:
26 Sec. 2392. Section 123.10, subsections 1, 6, 14, and 15,
27Code 2023, are amended to read as follows:
281. Prescribing the duties of officers, clerks, agents, or
29other employees of the division department under this chapter
30 and regulating their conduct while in the discharge of their
31duties.
326. Providing for the issuance and electronic distribution
33of price lists which show the price to be paid by class
34“E” retail alcohol licensees for each brand, class, or
35variety of liquor kept for sale by the division department,
-1336-1providing for the filing or posting of prices charged in sales
2between class “A” beer and class “A” wine permit holders and
3retailers, as provided in this chapter, and establishing or
4controlling the prices based on minimum standards of fill,
5quantity, or alcoholic content for each individual sale of
6alcoholic beverages as deemed necessary for retail or consumer
7protection. However, the division department shall not
8regulate markups, prices, discounts, allowances, or other terms
9of sale at which alcoholic liquor may be purchased by the
10retail public or retail alcohol licensees from class “E” retail
11alcohol licensees or at which wine may be purchased and sold
12by class “A” and retail wine permittees, or change, nullify,
13or vary the terms of an agreement between a holder of a vintner
14certificate of compliance and a class “A” wine permittee.
1514. Prescribing the uniform fee to be assessed against
16a retail alcohol licensee, except a class “B”, special class
17“B”, or class “E” retail alcohol licensee, to cover the
18administrative costs incurred by the division department
19 resulting from the failure of the licensee to maintain dramshop
20liability insurance coverage pursuant to section 123.92,
21subsection 2, paragraph “a”.
2215. Prescribing the uniform fee, not to exceed one hundred
23dollars, to be assessed against a licensee or permittee under
24this chapter for a contested case hearing conducted by the
25division department or by an administrative law judge from
26the department of inspections and appeals which results in
27administrative action taken against the licensee or permittee
28by the division department.
29 Sec. 2393. Section 123.11, Code 2023, is amended to read as
30follows:
31123.11 Compensation and expenses.
32Members of the commission council, the administrator
33 director, and other employees of the division department shall
34be allowed their actual and necessary expenses while traveling
35on business of the division department under this chapter
-1337-1 outside of their place of residence, however, an itemized
2account of such expenses shall be verified by the claimant and
3approved by the administrator director. If such account is
4paid, the same shall be filed with the division department and
5be and remain a part of its permanent records. Each member
6appointed to the commission council is entitled to receive
7reimbursement of actual expenses incurred while attending
8meetings. Each member of the commission council may also be
9eligible to receive compensation as provided in section 7E.6.
10All expenses and salaries of commission council members, the
11administrator director, and other employees shall be paid from
12appropriations for such purposes and the division department
13 shall be subject to the budget requirements of chapter 8.
14 Sec. 2394. Section 123.12, Code 2023, is amended to read as
15follows:
16123.12 Exemption from suit.
17No commission A council member or officer or employee of
18the division department shall not be personally liable for
19damages sustained by any person due to the act of such member,
20officer, or employee performed in the reasonable discharge of
21the member’s, officer’s, or employee’s duties as enumerated in
22this chapter.
23 Sec. 2395. Section 123.13, Code 2023, is amended to read as
24follows:
25123.13 Prohibitions on commission council members and
26employees.
271. Commission Council members, officers, and employees of
28the division department under this chapter shall not, while
29holding such office or position, do any of the following:
30a. Hold any other office or position under the laws of this
31state, or any other state or territory or of the United States.
32b. Engage in any occupation, business, endeavor, or activity
33which would or does conflict with their duties under this
34chapter.
35c. Directly or indirectly, use their office or employment
-1338-1to influence, persuade, or induce any other officer, employee,
2or person to adopt their political views or to favor any
3particular candidate for an elective or appointive public
4office.
5d. Directly or indirectly, solicit or accept, in any manner
6or way, any money or other thing of value for any person
7seeking an elective or appointive public office, or to any
8political party or any group of persons seeking to become a
9political party.
102. Except as provided in section 123.5, subsection 3, a
11commission council member or division department employee
12under this chapter shall not, directly or indirectly,
13individually, or as a member of a partnership or shareholder
14in a corporation, have any interest in dealing in or in the
15manufacture of alcoholic liquor, wine, or beer, and shall
16not receive any kind of profit nor have any interest in the
17purchase or sale of alcoholic liquor, wine, or beer by persons
18so authorized under this chapter. However, this subsection
19does not prohibit any member or employee from lawfully
20purchasing and keeping alcoholic liquor, wine, or beer in the
21member’s or employee’s possession for personal use.
223. Any officer or employee violating this section or any
23other provisions of this chapter shall, in addition to any
24other penalties provided by law, be subject to suspension or
25discharge from employment. Any commission council member
26shall, in addition to any other penalties provided by law, be
27subject to removal from office as provided by chapter 66.
28 Sec. 2396. Section 123.14, Code 2023, is amended to read as
29follows:
30123.14 Alcoholic beverage control law enforcement.
311. The department of public safety is the primary alcoholic
32beverage control law enforcement authority for this state.
332. The county attorney, the county sheriff and the sheriff’s
34deputies, and the police department of every city, and the
35alcoholic beverages division of the department of commerce,
-1339-1shall be supplementary aids to the department of public safety
2for purposes of alcoholic beverage control law enforcement.
3Any neglect, misfeasance, or malfeasance shown by any peace
4officer included in this section shall be sufficient cause
5for the peace officer’s removal as provided by law. This
6section shall not be construed to affect the duties and
7responsibilities of any county attorney or peace officer with
8respect to law enforcement.
93. The department of public safety shall have full access
10to all records, reports, audits, tax reports and all other
11documents and papers in the alcoholic beverages division
12 department pertaining to liquor licensees and wine and beer
13permittees and their business.
14 Sec. 2397. Section 123.16, unnumbered paragraph 1, Code
152023, is amended to read as follows:
16The commission department shall cause to be prepared an
17annual report to the governor of the state, ending with June 30
18of each fiscal year, on the operation and financial position of
19the division department under this chapter for the preceding
20fiscal year. The report shall include but is not limited to
21the following information:
22 Sec. 2398. Section 123.16, subsections 1 and 7, Code 2023,
23are amended to read as follows:
241. Amount of profit or loss from division department
25 operations under this chapter.
267. Amount of fees paid to the division department from
27retail alcohol licenses, wine permits, and beer permits, in
28gross, and the amount of retail alcohol license fees returned
29to local subdivisions of government as provided under this
30chapter.
31 Sec. 2399. Section 123.17, Code 2023, is amended to read as
32follows:
33123.17 Beer and liquor control fund — allocations to
34substance abuse programs — use of civil penalties.
351. There shall be established within the office of
-1340-1the treasurer of state a fund to be known as the beer and
2liquor control fund. The fund shall consist of any moneys
3appropriated by the general assembly for deposit in the fund
4and moneys received from the sale of alcoholic liquors by the
5division department, from the issuance of permits and licenses,
6and of moneys and receipts received by the division department
7 from any other source under this chapter.
82. a. The director of the department of administrative
9services shall periodically transfer from the beer and liquor
10control fund to the general fund of the state those revenues
11of the division department which are not necessary for the
12purchase of liquor for resale by the division department,
13or for remittances to local authorities or other sources as
14required by this chapter, or for other obligations and expenses
15of the division department which are paid from such fund.
16b. All moneys received by the division department from
17the issuance of vintner’s certificates of compliance and wine
18permits shall be transferred by the director of the department
19of administrative services to the general fund of the state.
203. Notwithstanding subsection 2, if gaming revenues under
21sections 99D.17 and 99F.11 are insufficient in a fiscal year to
22meet the total amount of such revenues directed to be deposited
23in the revenue bonds debt service fund and the revenue bonds
24federal subsidy holdback fund during the fiscal year pursuant
25to section 8.57, subsection 5, paragraph “e”, the difference
26shall be paid from moneys deposited in the beer and liquor
27control fund prior to transfer of such moneys to the general
28fund pursuant to subsection 2 and prior to the transfer of such
29moneys pursuant to subsections 5 and 6. If moneys deposited in
30the beer and liquor control fund are insufficient during the
31fiscal year to pay the difference, the remaining difference
32shall be paid from moneys deposited in the beer and liquor
33control fund in subsequent fiscal years as such moneys become
34available.
354. The treasurer of state shall, each quarter, prepare
-1341-1an estimate of the gaming revenues and of the moneys to be
2deposited in the beer and liquor control fund that will become
3available during the remainder of the appropriate fiscal year
4for the purposes described in subsection 3. The department
5of management, the department of inspections and appeals, and
6the department of commerce shall take appropriate actions to
7provide that the sum of the amount of gaming revenues available
8to be deposited into the revenue bonds debt service fund and
9the revenue bonds federal subsidy holdback fund during a fiscal
10year and the amount of moneys to be deposited in the beer and
11liquor control fund available to be deposited into the revenue
12bonds debt service fund and the revenue bonds federal subsidy
13holdback fund during such fiscal year will be sufficient to
14cover any anticipated deficiencies.
155. After any transfer provided for in subsection 3 is
16made, the department of commerce shall transfer into a special
17revenue account in the general fund of the state, a sum of
18money at least equal to seven percent of the gross amount
19of sales made by the division department from the beer and
20liquor control fund on a monthly basis but not less than nine
21million dollars annually. Of the amounts transferred, two
22million dollars, plus an additional amount determined by the
23general assembly, shall be appropriated to the Iowa department
24of public health for use by the staff who administer the
25comprehensive substance abuse program under chapter 125 for
26substance abuse treatment and prevention programs. Any amounts
27received in excess of the amounts appropriated to the Iowa
28department of public health for use by the staff who administer
29the comprehensive substance abuse program under chapter 125
30shall be considered part of the general fund balance.
316. After any transfers provided for in subsections 3 and
325, the department of commerce shall receive a transfer to the
33division from the beer and liquor control fund and before any
34other transfer to the general fund, an amount sufficient to pay
35the costs incurred by the division department for collecting
-1342-1and properly disposing of the liquor containers.
27. After any transfers provided for in subsections 3, 5,
3and 6, and before any other transfer to the general fund,
4the department of commerce shall transfer to the economic
5development authority from the beer and liquor control fund
6two million dollars annually for statewide tourism marketing
7services and efforts pursuant to section 15.275.
88. After any transfers provided for in subsections 3, 5, 6,
9and 7, and before any other transfer to the general fund, the
10department of commerce shall transfer from the beer and liquor
11control fund one million dollars to the Iowa department of
12public health for distribution pursuant to section 125.59.
139. Civil penalties imposed and collected by the division
14 department under this chapter shall be credited to the general
15fund of the state. The moneys from the civil penalties shall
16be used by the division department, subject to appropriation by
17the general assembly, for the purposes of providing educational
18programs, information and publications for alcoholic
19beverage licensees and permittees, local authorities, and law
20enforcement agencies regarding the laws and rules which govern
21the alcoholic beverages industry, and for promoting compliance
22with alcoholic beverage laws and rules.
23 Sec. 2400. Section 123.18, Code 2023, is amended to read as
24follows:
25123.18 Appropriations.
26Division Department appropriations for purposes of this
27chapter shall be paid by the treasurer of state upon the orders
28of the administrator director, in such amounts and at such
29times as the administrator director deems necessary to carry on
30operations in accordance with the terms of this chapter.
31 Sec. 2401. Section 123.22, subsection 1, Code 2023, is
32amended to read as follows:
331. The division department has the exclusive right of
34importation into the state of all forms of alcoholic liquor,
35except as otherwise provided in this chapter, and a person
-1343-1shall not import alcoholic liquor, except that an individual of
2legal age may import and have in the individual’s possession
3an amount of alcoholic liquor not exceeding nine liters per
4calendar month that the individual personally obtained outside
5the state. Alcoholic liquor imported by an individual pursuant
6to this subsection shall be for personal consumption only in
7a private home or other private accommodation. A distillery
8shall not sell alcoholic liquor within the state to any person
9but only to the division department, except as otherwise
10provided in this chapter. This section vests in the division
11 department exclusive control within the state as purchaser of
12all alcoholic liquor sold by distilleries within the state
13or imported, except beer and wine, and except as otherwise
14provided in this chapter. The division department shall
15receive alcoholic liquor on a bailment system for resale by the
16division department in the manner set forth in this chapter.
17The division department shall act as the sole wholesaler of
18alcoholic liquor to class “E” retail alcohol licensees.
19 Sec. 2402. Section 123.23, subsections 1, 2, 3, and 5, Code
202023, are amended to read as follows:
211. Any manufacturer, distiller, or importer of alcoholic
22liquors shipping, selling, or having alcoholic liquors brought
23into this state for resale by the state shall, as a condition
24precedent to the privilege of so trafficking in alcoholic
25liquors in this state, annually make application for and hold
26a distiller’s certificate of compliance which shall be issued
27by the administrator director for that purpose. No brand of
28alcoholic liquor shall be sold by the division department
29 in this state unless the manufacturer, distiller, importer,
30and all other persons participating in the distribution of
31that brand in this state have obtained a certificate. The
32certificate of compliance shall expire at the end of one year
33from the date of issuance and shall be renewed for a like
34period upon application to the administrator director unless
35otherwise suspended or revoked for cause. Each completed
-1344-1application for a certificate of compliance or renewal shall
2be submitted electronically, or in a manner prescribed by the
3administrator director, and shall be accompanied by a fee
4of two hundred dollars payable to the division department.
5However, this subsection need not apply to a manufacturer,
6distiller, or importer who ships or sells in this state no more
7than eleven gallons or its case equivalent during any fiscal
8year as a result of “special orders” which might be placed, as
9defined and allowed by divisional departmental rules adopted
10under this chapter.
112. At the time of applying for a certificate of compliance,
12each applicant shall submit to the division department
13 electronically, or in a manner prescribed by the administrator
14 director, the name and address of its authorized agent
15for service of process which shall remain effective until
16changed for another, and a list of names and addresses of all
17representatives, employees, or attorneys whom the applicant has
18appointed in the state of Iowa to represent it for any purpose.
19The listing shall be amended by the certificate holder as
20necessary to keep the listing current with the division
21 department.
223. The administrator director and the attorney general
23are authorized to require any certificate holder or person
24listed as the certificate holder’s representative, employee,
25or attorney to disclose such financial and other records and
26transactions as may be considered relevant in discovering
27violations of this chapter or of rules and regulations of
28the division department under this chapter or of any other
29provision of law by any person.
305. This section shall not require the listing of those
31persons who are employed on premises where alcoholic liquors
32are manufactured, processed, bottled, or packaged in Iowa or
33persons who are thereafter engaged in the transporting of such
34alcoholic liquors to the division department.
35 Sec. 2403. Section 123.24, Code 2023, is amended to read as
-1345-1follows:
2123.24 Alcoholic liquor sales by the division department —
3dishonored payments — liquor prices.
41. The division department shall sell alcoholic liquor at
5wholesale only. The division department shall sell alcoholic
6liquor to class “E” retail alcohol licensees only. The
7division department shall offer the same price on alcoholic
8liquor to all class “E” retail alcohol licensees without regard
9for the quantity of purchase or the distance for delivery.
102. The price of alcoholic liquor sold by the division
11 department shall consist of the following:
12a. The manufacturer’s price.
13b. A markup of up to fifty percent of the wholesale price
14paid by the division department for the alcoholic liquor.
15The division department may increase the markup on selected
16kinds of alcoholic liquor sold by the division department if
17the average return to the division department on all sales of
18alcoholic liquor does not exceed the wholesale price paid by
19the division department and the fifty percent markup.
20c. A split case charge in an amount determined by the
21division department when alcoholic liquor is sold in quantities
22which require a case to be split.
23d. A bottle surcharge in an amount sufficient, when added to
24the amount not refunded to class “E” retail alcohol licensees
25pursuant to section 455C.2, to pay the costs incurred by the
26division department for collecting and properly disposing of
27the liquor containers. The amount collected pursuant to this
28paragraph, in addition to any amounts not refunded to class “E”
29retail alcohol licensees pursuant to section 455C.2, shall be
30deposited in the beer and liquor control fund established under
31section 123.17.
323. a. The division department may accept from a class
33“E” retail alcohol licensee electronic funds transferred by
34automated clearing house, wire transfer, or another method
35deemed acceptable by the administrator director, in payment of
-1346-1alcoholic liquor. If a payment is subsequently dishonored,
2the division department shall cause a notice of nonpayment
3and penalty to be served upon the class “E” retail alcohol
4licensee or upon any person in charge of the licensed premises.
5The notice shall state that if payment or satisfaction for
6the dishonored payment is not made within ten days of the
7service of notice, the licensee’s retail alcohol license may
8be suspended under section 123.39. The notice of nonpayment
9and penalty shall be in a form prescribed by the administrator
10 director, and shall be sent by certified mail.
11b. If upon notice and hearing under section 123.39 and
12pursuant to the provisions of chapter 17A concerning a
13contested case hearing, the administrator director determines
14that the class “E” retail alcohol licensee failed to satisfy
15the obligation for which the payment was issued within ten days
16after the notice of nonpayment and penalty was served on the
17licensee as provided in paragraph “a” of this subsection, the
18administrator director may suspend the licensee’s class “E”
19retail alcohol license for a period not to exceed ten days.
204. The administrator director may refuse to sell alcoholic
21liquor to a class “E” retail alcohol licensee who tenders a
22payment which is subsequently dishonored until the outstanding
23obligation is satisfied.
24 Sec. 2404. Section 123.25, Code 2023, is amended to read as
25follows:
26123.25 Consumption on premises.
27An officer, clerk, agent, or employee of the division
28 department employed in a state-owned warehouse under this
29chapter shall not allow any alcoholic beverage to be consumed
30on the premises, nor shall a person consume any alcoholic
31liquor on the premises except for testing or sampling purposes
32only.
33 Sec. 2405. Section 123.26, Code 2023, is amended to read as
34follows:
35123.26 Restrictions on sales — seals — labeling.
-1347- 1Alcoholic liquor shall not be sold by a class “E” retail
2alcohol licensee except in a sealed container with identifying
3markers as prescribed by the administrator director and affixed
4in the manner prescribed by the administrator director, and no
5such container shall be opened upon the premises of a state
6warehouse. The division department shall cooperate with the
7department of natural resources so that only one identifying
8marker or mark is needed to satisfy the requirements of this
9section and section 455C.5, subsection 1. Possession of
10alcoholic liquors which do not carry the prescribed identifying
11markers is a violation of this chapter except as provided in
12section 123.22.
13 Sec. 2406. Section 123.27, Code 2023, is amended to read as
14follows:
15123.27 Sales and deliveries prohibited.
16It is unlawful to transact the sale or delivery of alcoholic
17liquor in, on, or from the premises of a state warehouse:
181. After the closing hour as established by the
19administrator director.
202. On any legal holiday except those designated by the
21administrator director.
223. During other periods or days as designated by the
23administrator director.
24 Sec. 2407. Section 123.28, subsections 1 and 2, Code 2023,
25are amended to read as follows:
261. It is lawful to transport, carry, or convey alcoholic
27liquors from the place of purchase by the division department
28 to a state warehouse or depot established by the division
29 department or from one such place to another and, when so
30permitted by this chapter, it is lawful for the division
31 department, a common carrier, or other person to transport,
32carry, or convey alcoholic liquor sold from a state warehouse,
33depot, or point of purchase by the state to any place to which
34the liquor may be lawfully delivered under this chapter.
352. The division department shall deliver alcoholic liquor
-1348-1purchased by class “E” retail alcohol licensees. Class “E”
2retail alcohol licensees may deliver alcoholic liquor purchased
3by class “C”, class “D”, or class “F” retail alcohol licensees,
4and class “C”, class “D”, or class “F” retail alcohol licensees
5may transport alcoholic liquor purchased from class “E” retail
6alcohol licensees.
7 Sec. 2408. Section 123.29, subsection 1, Code 2023, is
8amended to read as follows:
91. This chapter does not prohibit the sale of patent and
10proprietary medicines, tinctures, food products, extracts,
11toiletries, perfumes, and similar products, which are not
12susceptible of use as a beverage, but which contain alcoholic
13liquor, wine, or beer as one of their ingredients. These
14products may be sold through ordinary wholesale and retail
15businesses without a license or permit issued by the division
16 department.
17 Sec. 2409. Section 123.30, subsections 1 and 2, Code 2023,
18are amended to read as follows:
191. a. A retail alcohol license may be issued to any person
20who is of good moral character as defined by this chapter.
21b. As a condition for issuance of a retail alcohol license
22or wine or beer permit, the applicant must give consent
23to members of the fire, police, and health departments
24and the building inspector of cities; the county sheriff
25or deputy sheriff; members of the department of public
26safety; representatives of the division department and of
27the department of inspections and appeals; certified police
28officers; and any official county health officer to enter upon
29areas of the premises where alcoholic beverages are stored,
30served, or sold, without a warrant during business hours of
31the licensee or permittee to inspect for violations of this
32chapter or ordinances and regulations that cities and boards
33of supervisors may adopt. However, a subpoena issued under
34section 421.17 or a warrant is required for inspection of
35private records, a private business office, or attached living
-1349-1quarters. Persons who are not certified peace officers shall
2limit the scope of their inspections of licensed premises
3to the regulatory authority under which the inspection is
4conducted. All persons who enter upon a licensed premises to
5conduct an inspection shall present appropriate identification
6to the owner of the establishment or the person who appears
7to be in charge of the establishment prior to commencing
8an inspection; however, this provision does not apply to
9undercover criminal investigations conducted by peace officers.
10c. As a further condition for the issuance of a class “E”
11retail alcohol license, the applicant shall post a bond in
12a sum of not less than five thousand nor more than fifteen
13thousand dollars as determined on a sliding scale established
14by the division department; however, a bond shall not be
15required if all purchases of alcoholic liquor from the division
16 department by the licensee are made by means that ensure that
17the division department will receive full payment in advance of
18delivery of the alcoholic liquor.
19d. A class “E” retail alcohol license may be issued to a
20city council for premises located within the limits of the city
21if there are no class “E” retail alcohol licensees operating
22within the limits of the city and no other applications for a
23class “E” license for premises located within the limits of
24the city at the time the city council’s application is filed.
25If a class “E” retail alcohol license is subsequently issued
26to a private person for premises located within the limits of
27the city, the city council shall surrender its license to the
28division department within one year of the date that the class
29“E” retail alcohol licensee begins operating, liquidate any
30remaining assets connected with the liquor store, and cease
31operating the liquor store.
322. A retail alcohol license shall not be issued for premises
33which do not constitute a safe and proper place or building
34and which do not conform to all applicable laws, ordinances,
35resolutions, and health and fire regulations. A licensee
-1350-1shall not have or maintain any interior access to residential
2or sleeping quarters unless permission is granted by the
3administrator director in the form of a living quarters permit.
4 Sec. 2410. Section 123.30, subsection 3, paragraph d,
5subparagraphs (1) and (5), Code 2023, are amended to read as
6follows:
7(1) A class “E” retail alcohol license may be issued and
8shall authorize the holder to purchase alcoholic liquor in
9original unopened containers from the division department
10 only, wine from a class “A” wine permittee only, and beer from
11a class “A” beer permittee only; to sell alcoholic liquor,
12wine, and beer in original unopened containers at retail to
13patrons for consumption off the licensed premises; and to sell
14alcoholic liquor and high alcoholic content beer at wholesale
15to other retail alcohol licensees, provided the holder has
16filed with the division department a basic permit issued by the
17alcohol and tobacco tax and trade bureau of the United States
18department of the treasury.
19(5) The division department may issue a class “E” retail
20alcohol license for premises covered by a retail alcohol
21license for on-premises consumption under any of the following
22circumstances:
23(a) If the premises are in a county having a population
24under nine thousand five hundred in which no other class
25“E” retail alcohol license has been issued by the division
26 department, and no other application for a class “E” retail
27alcohol license has been made within the previous twelve
28consecutive months.
29(b) If, notwithstanding any provision of this chapter to the
30contrary, the premises covered by a retail alcohol license is a
31grocery store that is at least five thousand square feet.
32 Sec. 2411. Section 123.31, subsection 1, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34A person applying for a retail alcohol license shall submit a
35completed application electronically, or in a manner prescribed
-1351-1by the administrator director, which shall set forth under oath
2the following:
3 Sec. 2412. Section 123.31, subsection 1, paragraphs e and g,
4Code 2023, are amended to read as follows:
5e. When required by the administrator director, and in
6such form and containing such information as the administrator
7 director may require, a description of the premises where the
8applicant intends to use the license, to include a sketch or
9drawing of the premises and, if applicable, the number of
10square feet of interior floor space which comprises the retail
11sales area of the premises.
12g. Any other information as required by the administrator
13 director.
14 Sec. 2413. Section 123.31, subsection 2, paragraph d, Code
152023, is amended to read as follows:
16d. That the premises where the applicant intends to use the
17license conforms to all applicable laws, health regulations,
18and fire regulations, and constitutes a safe and proper place
19or building and that the applicant shall not have or maintain
20any interior access to residential or sleeping quarters unless
21permission is granted by the administrator director in the form
22of a living quarters permit.
23 Sec. 2414. Section 123.31A, subsection 3, unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25Subject to the rules of the division department, sales made
26pursuant to this section may be made in a container other
27than the original container only if all of the following
28requirements are met:
29 Sec. 2415. Section 123.31A, subsection 3, paragraph d, Code
302023, is amended to read as follows:
31d. The container to be sold shall be securely sealed
32by a method authorized by the division department that is
33designed so that if the sealed container is reopened or the
34seal tampered with, it is visibly apparent that the seal on the
35container of beer or wine has been tampered with or the sealed
-1352-1container has otherwise been reopened.
2 Sec. 2416. Section 123.31A, subsection 4, Code 2023, is
3amended to read as follows:
44. A container of beer or wine other than the original
5container that is sold and sealed in compliance with the
6requirements of subsection 3 and the division’s department’s
7 rules shall not be deemed an open container subject to the
8requirements of sections 321.284 and 321.284A if the sealed
9container is unopened and the seal has not been tampered with,
10and the contents of the container have not been partially
11removed.
12 Sec. 2417. Section 123.32, subsection 1, paragraph b,
13unnumbered paragraph 1, Code 2023, is amended to read as
14follows:
15A completed application for a class “D” retail alcohol
16license and for any of the following certificates, licenses,
17or permits shall be submitted to the division department
18 electronically, or in a manner prescribed by the administrator
19 director, which shall proceed in the same manner as in the case
20of an application approved by local authorities:
21 Sec. 2418. Section 123.32, subsections 2, 6, 7, 8, and 9,
22Code 2023, are amended to read as follows:
232. Action by local authorities. The local authority
24shall either approve or disapprove the issuance of a retail
25alcohol license, shall endorse its approval or disapproval
26on the application, and shall forward the application with
27the necessary fee and bond, if required, to the division
28 department. There is no limit upon the number of retail
29alcohol licenses which may be approved for issuance by local
30authorities.
316. Action by administrator director.
32a. Upon receipt of an application having been disapproved by
33the local authority, the administrator director shall notify
34the applicant that the applicant may appeal the disapproval of
35the application to the administrator director. The applicant
-1353-1shall be notified by certified mail or personal service, and
2the application, the fee, and any bond shall be returned to the
3applicant.
4b. Upon receipt of an application having been approved by
5the local authority, the division department shall make an
6investigation as the administrator director deems necessary to
7determine that the applicant complies with all requirements
8for holding a license, and may require the applicant to appear
9to be examined under oath to demonstrate that the applicant
10complies with all of the requirements to hold a license. If
11the administrator director requires the applicant to appear
12and to testify under oath, a record shall be made of all
13testimony or evidence and the record shall become a part of the
14application. The administrator director may appoint a member
15of the division department or may request an administrative
16law judge of the department of inspections and appeals to
17receive the testimony under oath and evidence, and to issue a
18proposed decision to approve or disapprove the application for
19a license. The administrator director may affirm, reverse,
20or modify the proposed decision to approve or disapprove the
21application for the license. If the application is approved by
22the administrator director, the license shall be issued. If
23the application is disapproved by the administrator director,
24the applicant shall be so notified by certified mail or
25personal service and the appropriate local authority shall
26be notified electronically, or in a manner prescribed by the
27administrator director.
287. Appeal to administrator director. An applicant for a
29retail alcohol license may appeal from the local authority’s
30disapproval of an application for a license or permit to the
31administrator director. In the appeal the applicant shall
32be allowed the opportunity to demonstrate in an evidentiary
33hearing conducted pursuant to chapter 17A that the applicant
34complies with all of the requirements for holding the license
35or permit. The administrator director may appoint a member of
-1354-1the division department or may request an administrative law
2judge from the department of inspections and appeals to conduct
3the evidentiary hearing and to render a proposed decision to
4approve or disapprove the issuance of the license or permit.
5The administrator director may affirm, reverse, or modify the
6proposed decision. If the administrator director determines
7that the applicant complies with all of the requirements
8for holding a license or permit, the administrator director
9 shall order the issuance of the license or permit. If the
10administrator director determines that the applicant does not
11comply with the requirements for holding a license or permit,
12the administrator director shall disapprove the issuance of the
13license or permit.
148. Judicial review. The applicant or the local
15authority may seek judicial review of the action of the
16administrator director in accordance with the terms of the Iowa
17administrative procedure Act, chapter 17A. Notwithstanding
18the terms of the Iowa administrative procedure Act, chapter
1917A, petitions for judicial review may be filed in the
20district court of the county where the premises covered by the
21application are situated.
229. Suspension by local authority. A retail alcohol licensee
23whose license has been suspended or revoked or a civil penalty
24imposed by a local authority for a violation of this chapter
25or suspended by a local authority for violation of a local
26ordinance may appeal the suspension, revocation, or civil
27penalty to the administrator director. The administrator
28 director may appoint a member of the division department or
29may request an administrative law judge from the department
30of inspections and appeals to hear the appeal which shall
31be conducted in accordance with chapter 17A and to issue a
32proposed decision. The administrator director may review the
33proposed decision upon the motion of a party to the appeal or
34upon the administrator’s director’s own motion in accordance
35with chapter 17A. Upon review of the proposed decision, the
-1355-1administrator director may affirm, reverse, or modify the
2proposed decision. A retail alcohol licensee or a local
3authority aggrieved by a decision of the administrator director
4 may seek judicial review of the decision pursuant to chapter
517A.
6 Sec. 2419. Section 123.33, Code 2023, is amended to read as
7follows:
8123.33 Records.
9Every holder of a license or permit under this chapter
10shall maintain records, in printed or electronic format,
11which include income statements, balance sheets, purchase and
12sales invoices, purchase and sales ledgers, and any other
13records as the administrator director may require. The records
14required and the premises of the licensee or permittee shall be
15accessible and open to inspection pursuant to section 123.30,
16subsection 1, during normal business hours of the licensee or
17permittee.
18 Sec. 2420. Section 123.34, subsection 1, paragraph a, Code
192023, is amended to read as follows:
20a. The administrator director may issue eight-month seasonal
21class “C”, special class “C”, class “D”, and class “F” retail
22alcohol licenses.
23 Sec. 2421. Section 123.34, subsection 2, paragraph a, Code
242023, is amended to read as follows:
25a. The administrator director may issue fourteen-day class
26“C”, special class “C”, class “D”, and class “F” retail alcohol
27licenses.
28 Sec. 2422. Section 123.34, subsection 3, paragraph a, Code
292023, is amended to read as follows:
30a. The administrator director may issue five-day class “C”,
31special class “C”, class “D”, and class “F” retail alcohol
32licenses.
33 Sec. 2423. Section 123.35, subsection 2, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35Notwithstanding section 123.31 and any other provision
-1356-1of this chapter to the contrary, a class “E” retail alcohol
2license shall automatically renew without the endorsement of
3a local authority or approval by the administrator director
4 upon collection of the annual fee by the division department,
5provided all of the following conditions are met since the
6preceding license was issued:
7 Sec. 2424. Section 123.35, subsection 2, paragraphs a, e,
8and h, Code 2023, are amended to read as follows:
9a. The licensee has given written consent to the division
10 department to have the license automatically renewed as
11provided in this section.
12e. The licensee has not submitted payment for alcoholic
13liquor to the division department that was subsequently
14dishonored.
15h. A local authority has not notified the division
16 department, in a manner established by the division department
17 and made available to local authorities, that automatic renewal
18should not occur and that further review of the licensee by
19the division department and the applicable local authority is
20warranted.
21 Sec. 2425. Section 123.35, subsection 3, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23Notwithstanding sections 123.23, 123.135, 123.180, and any
24other provision of this chapter to the contrary, a distiller’s,
25brewer’s, or vintner’s certificate of compliance shall
26automatically renew without approval by the administrator
27 director upon collection of the annual fee by the division
28 department, provided all of the following conditions are met
29since the preceding certificate was issued:
30 Sec. 2426. Section 123.35, subsection 3, paragraph a, Code
312023, is amended to read as follows:
32a. The certificate holder has given written consent to
33the division department to have the certificate automatically
34renewed as provided in this section.
35 Sec. 2427. Section 123.35, subsection 4, unnumbered
-1357-1paragraph 1, Code 2023, is amended to read as follows:
2Notwithstanding section 123.187 and any other provision of
3this chapter to the contrary, a wine direct shipper’s permit
4shall automatically renew without approval by the administrator
5 director upon collection of the annual fee by the division
6 department, provided all of the following conditions are met
7since the preceding permit was issued:
8 Sec. 2428. Section 123.35, subsection 4, paragraph a, Code
92023, is amended to read as follows:
10a. The permittee has given written consent to the division
11 department to have the permit automatically renewed as provided
12in this section.
13 Sec. 2429. Section 123.36, subsection 1, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15The following fees shall be paid to the division department
16 annually for retail alcohol licenses issued under section
17123.30:
18 Sec. 2430. Section 123.36, subsection 2, Code 2023, is
19amended to read as follows:
202. The division department shall credit all fees to the beer
21and liquor control fund. The division department shall remit
22to the appropriate local authority a sum equal to sixty-five
23percent of the fees collected for each class “B”, class “C”,
24or class “F” license except special class “C” licenses or
25class “E” licenses, covering premises located within the local
26authority’s jurisdiction. The division department shall remit
27to the appropriate local authority a sum equal to seventy-five
28percent of the fees collected for each special class “C”
29license covering premises located within the local authority’s
30jurisdiction. Those fees collected for each class “E” retail
31alcohol license shall be credited to the beer and liquor
32control fund.
33 Sec. 2431. Section 123.37, subsections 2, 3, and 4, Code
342023, are amended to read as follows:
352. The administrator director may compromise and settle
-1358-1doubtful and disputed claims for taxes imposed under
2this chapter or for taxes of doubtful collectibility,
3notwithstanding section 7D.9. The administrator director may
4enter into informal settlements pursuant to section 17A.10 to
5compromise and settle doubtful and disputed claims for taxes
6imposed under this chapter. The administrator director may
7make a claim under a licensee’s or permittee’s penal bond for
8taxes of doubtful collectibility. Whenever a compromise or
9settlement is made, the administrator director shall make a
10complete record of the case showing the tax assessed, reports
11and audits, if any, the licensee’s or permittee’s grounds for
12dispute or contest, together with all evidence of the dispute
13or contest, and the amounts, conditions, and settlement or
14compromise of the dispute or contest.
153. A licensee or permittee who disputes the amount of tax
16imposed must pay all tax and penalty pertaining to the disputed
17tax liability prior to appealing the disputed tax liability to
18the administrator director.
194. The administrator director shall adopt rules
20establishing procedures for payment of disputed taxes imposed
21under this chapter. If it is determined that the tax is not
22due in whole or in part, the division department shall promptly
23refund the part of the tax payment which is determined not to
24be due.
25 Sec. 2432. Section 123.38, subsection 1, Code 2023, is
26amended to read as follows:
271. A retail alcohol license, wine permit, or beer permit
28is a personal privilege and is revocable for cause. It is not
29property nor is it subject to attachment and execution nor
30alienable nor assignable, and it shall cease upon the death
31of the permittee or licensee. However, the administrator of
32the division director may in the administrator’s director’s
33 discretion allow the executor or administrator director of the
34estate of a permittee or licensee to operate the business of
35the decedent for a reasonable time not to exceed the expiration
-1359-1date of the permit or license. Every permit or license shall
2be issued in the name of the applicant and no person holding a
3permit or license shall allow any other person to use it.
4 Sec. 2433. Section 123.38, subsection 2, paragraph a,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
7Any licensee or permittee, or the executor or administrator
8 director of the estate of a licensee or permittee, or any
9person duly appointed by the court to take charge of and
10administer the property or assets of the licensee or permittee
11for the benefit of the licensee’s or permittee’s creditors,
12may voluntarily surrender a license or permit to the division
13 department. When a license or permit is surrendered, the
14division department shall notify the local authority, and the
15division department or the local authority shall refund to the
16person surrendering the license or permit, a proportionate
17amount of the fee received by the division department or the
18local authority for the license or permit as follows:
19 Sec. 2434. Section 123.38, subsection 2, paragraphs b and c,
20Code 2023, are amended to read as follows:
21b. For purposes of this subsection, any portion of license
22or permit fees used for the purposes authorized in section
23331.424, subsection 1, paragraph “a”, subparagraphs (1) and
24(2), shall not be deemed received either by the division
25 department or by a local authority.
26c. No refund shall be made to any licensee or permittee upon
27the surrender of the license or permit if there is at the time
28of surrender a complaint filed with the division department
29 or local authority charging the licensee or permittee with a
30violation of this chapter.
31 Sec. 2435. Section 123.38, subsection 3, Code 2023, is
32amended to read as follows:
333. The local authority may in its discretion authorize a
34licensee or permittee to transfer the license or permit from
35one location to another within the same incorporated city,
-1360-1or within a county outside the corporate limits of a city,
2provided that the premises to which the transfer is to be made
3would have been eligible for a license or permit in the first
4instance and such transfer will not result in the violation
5of any law. All transfers authorized, and the particulars
6of same, shall be reported to the administrator director
7 by the local authority. The administrator director may by
8rule establish a uniform transfer fee to be assessed by all
9local authorities upon licensees or permittees to cover the
10administrative costs of such transfers, such fee to be retained
11by the local authority involved.
12 Sec. 2436. Section 123.38A, Code 2023, is amended to read
13as follows:
14123.38A Confidential investigative records.
15In order to assure a free flow of information for
16accomplishing the purposes of section 123.4 and section
17123.9, subsection 6, all complaint information, investigation
18files, audit files, and inspection files, other investigation
19reports, and other investigative information in the possession
20of the division department or employees acting under the
21authority of the administrator director under this chapter
22 are privileged and confidential, and are not subject to
23discovery, subpoena, or other means of legal compulsion for
24their release before administrative or criminal charges are
25filed. However, investigative information in the possession
26of division department employees under this chapter may be
27disclosed to the licensing authorities of a city or county
28within this state, in another state, the District of Columbia,
29or territory or county in which the licensee or permittee is
30licensed or permitted or has applied for a license or permit.
31In addition, the investigative information can be shared with
32any law enforcement agency or other state agency that also
33has investigative, regulatory, or enforcement jurisdiction
34authorized by law. Records received by the division department
35for purposes of this chapter from other agencies which would
-1361-1be confidential if created by the division department are
2considered confidential.
3 Sec. 2437. Section 123.39, subsections 1 and 4, Code 2023,
4are amended to read as follows:
51. a. (1) The administrator director or the local
6authority may suspend a class “B”, special class “B” native
7wine, class “C”, special class “C”, class “E”, or class “F”
8retail alcohol license, or charity beer, spirits, and wine
9special event license for a period not to exceed one year,
10revoke the license, or impose a civil penalty not to exceed one
11thousand dollars per violation.
12(2) The administrator director may suspend a certificate
13of compliance, a class “D” retail alcohol license, a
14manufacturer’s license, a broker’s permit, a class “A” native
15distilled spirits license, a class “A” or special class “A”
16beer permit, a class “A” wine permit, a wine direct shipper’s
17permit, or a wine carrier permit for a period not to exceed one
18year, revoke the license, permit, or certificate, or impose a
19civil penalty not to exceed one thousand dollars per violation.
20b. A license, permit, or certificate of compliance issued
21under this chapter may be suspended or revoked, or a civil
22penalty may be imposed for any of the following causes:
23(1) Misrepresentation of any material fact in the
24application for the license, permit, or certificate.
25(2) Violation of any of the provisions of this chapter.
26(3) Any change in the ownership or interest in the business
27operated under a retail alcohol license which change was not
28previously reported in a manner prescribed by the administrator
29 director within thirty days of the change and subsequently
30approved by the local authority, when applicable, and the
31division department.
32(4) An event which would have resulted in disqualification
33from receiving the license, permit, or certificate when
34originally issued.
35(5) Any sale, hypothecation, or transfer of the license,
-1362-1permit, or certificate.
2(6) The failure or refusal on the part of any license,
3permit, or certificate holder to render any report or remit any
4taxes to the division department under this chapter when due.
5c. A criminal conviction is not a prerequisite to
6suspension, revocation, or imposition of a civil penalty
7pursuant to this section.
8d. A local authority which acts pursuant to this section,
9section 123.32, or section 123.50 shall notify the division
10 department in writing of the action taken, and shall notify the
11license or permit holder of the right to appeal a suspension,
12revocation, or imposition of a civil penalty to the division
13 department.
14e. Before suspension, revocation, or imposition of a civil
15penalty by the administrator director, the license, permit,
16or certificate holder shall be given written notice and an
17opportunity for a hearing. The administrator director may
18appoint a member of the division department or may request an
19administrative law judge from the department of inspections
20and appeals to conduct the hearing and issue a proposed
21decision. Upon the motion of a party to the hearing or upon
22the administrator’s director’s own motion, the administrator
23 director may review the proposed decision in accordance
24with chapter 17A. Upon review of the proposed decision, the
25administrator director may affirm, reverse, or modify the
26proposed decision. A license, permit, or certificate holder
27aggrieved by a decision of the administrator director may seek
28judicial review of the administrator’s director’s decision in
29accordance with chapter 17A.
30f. Civil penalties imposed and collected by the local
31authority under this section shall be retained by the local
32authority. Civil penalties imposed and collected by the
33division department under this section shall be credited to
34the general fund of the state pursuant to section 123.17,
35subsection 9.
-1363- 14. If the cause for suspension is a first offense
2violation of section 123.49, subsection 2, paragraph “h”,
3the administrator director or local authority shall impose a
4civil penalty in the amount of five hundred dollars in lieu of
5suspension of the license or permit.
6 Sec. 2438. Section 123.41, subsections 1, 2, 3, and 4, Code
72023, are amended to read as follows:
81. Each completed application to obtain or renew a
9manufacturer’s license shall be submitted to the division
10 department electronically, or in a manner prescribed by the
11administrator director, and shall be accompanied by a fee of
12three hundred dollars payable to the division department. The
13administrator director may in accordance with this chapter
14grant and issue to a manufacturer a manufacturer’s license,
15valid for a one-year period after date of issuance, which shall
16allow the manufacture, storage, and wholesale disposition and
17sale of alcoholic liquors to the division department and to
18customers outside of the state.
192. As a condition precedent to the approval and granting
20of a manufacturer’s license, an applicant shall file with the
21division department a basic permit issued by the alcohol and
22tobacco tax and trade bureau of the United States department
23of the treasury, and a statement under oath that the applicant
24will faithfully observe and comply with all laws, rules, and
25regulations governing the manufacture and sale of alcoholic
26liquor.
273. A person who holds an experimental distilled spirits
28plant permit or its equivalent issued by the alcohol and
29tobacco tax and trade bureau of the United States department
30of the treasury may produce alcohol for use as fuel without
31obtaining a manufacturer’s license from the division
32 department.
334. A person who holds a manufacturer’s license shall file
34with the division department, on or before the fifteenth day of
35each calendar month, all documents filed by the manufacturer
-1364-1with the alcohol and tobacco tax and trade bureau of the United
2States department of the treasury, including all production,
3storage, and processing reports.
4 Sec. 2439. Section 123.42, subsections 1 and 2, Code 2023,
5are amended to read as follows:
61. Prior to representing or promoting alcoholic liquor
7products in the state, the broker shall submit a completed
8application to the division department electronically, or in a
9manner prescribed by the administrator director, for a broker’s
10permit. The administrator director may in accordance with this
11chapter issue a broker’s permit which shall be valid for one
12year from the date of issuance unless it is sooner suspended or
13revoked for a violation of this chapter.
142. At the time of applying for a broker’s permit, each
15applicant shall submit to the division department a list of
16names and addresses of all manufacturers, distillers, and
17importers whom the applicant has been appointed to represent
18in the state of Iowa for any purpose. The listing shall be
19amended by the broker as necessary to keep the listing current
20with the division department.
21 Sec. 2440. Section 123.43, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23A person applying for a class “A” native distilled spirits
24license shall submit an application electronically, or in a
25manner prescribed by the administrator director, which shall
26set forth under oath the following:
27 Sec. 2441. Section 123.43, subsection 1, paragraphs e and g,
28Code 2023, are amended to read as follows:
29e. When required by the administrator director, and in
30such form and containing such information as the administrator
31 director may require, a description of the premises where the
32applicant intends to use the license, to include a sketch or
33drawing of the premises and, if applicable, the number of
34square feet of interior floor space which comprises the retail
35sales area of the premises.
-1365- 1g. Any other information as required by the administrator
2 director.
3 Sec. 2442. Section 123.43, subsection 2, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5Except as otherwise provided in this chapter, the
6administrator director shall issue a class “A” native distilled
7spirits license to any applicant who establishes all of the
8following:
9 Sec. 2443. Section 123.43, subsection 2, paragraph d, Code
102023, is amended to read as follows:
11d. That the applicant has filed with the division department
12 a basic permit issued by the alcohol and tobacco tax and trade
13bureau of the United States department of the treasury, and
14that the applicant will faithfully observe and comply with all
15laws, rules, and regulations governing the manufacture and sale
16of alcoholic liquor.
17 Sec. 2444. Section 123.43A, subsections 1, 3, 4, and 5, Code
182023, are amended to read as follows:
191. Subject to rules of the division department, a native
20distillery holding a class “A” native distilled spirits license
21issued pursuant to section 123.43 may sell or offer for sale
22native distilled spirits. As provided in this section, sales
23of native distilled spirits manufactured on the premises may
24be made at retail for off-premises consumption when sold on
25the premises of the native distillery that manufactures native
26distilled spirits. All sales intended for resale in this
27state shall be made through the state’s wholesale distribution
28system.
293. A native distillery shall not sell native distilled
30spirits other than as permitted in this chapter and shall
31not allow native distilled spirits sold for consumption off
32the premises to be consumed upon the premises of the native
33distillery. However, native distilled spirits may be tasted
34pursuant to the rules of the division department on the
35premises where fermented, distilled, or matured, when no charge
-1366-1is made for the tasting.
24. The sale of native distilled spirits to the division
3 department for wholesale disposition and sale by the division
4 department shall be subject to the requirements of this chapter
5regarding such disposition and sale.
65. A native distillery issued a class “A” native distilled
7spirits license shall file with the division department, on or
8before the fifteenth day of each calendar month, all documents
9filed by the native distillery with the alcohol and tobacco
10tax and trade bureau of the United States department of the
11treasury, including all production, storage, and processing
12reports.
13 Sec. 2445. Section 123.44, Code 2023, is amended to read as
14follows:
15123.44 Gifts prohibited.
16A manufacturer or broker shall not give away alcoholic
17liquor at any time in connection with the manufacturer’s or
18broker’s business except for testing or sampling purposes only.
19A manufacturer, distiller, vintner, brewer, broker, wholesaler,
20or importer, organized as a corporation pursuant to the laws of
21this state or any other state, who deals in alcoholic beverages
22subject to regulation under this chapter shall not offer or
23give anything of value to a commission council member, official
24or employee of the division department under this chapter,
25or directly or indirectly contribute in any manner any money
26or thing of value to a person seeking a public or appointive
27office or a recognized political party or a group of persons
28seeking to become a recognized political party.
29 Sec. 2446. Section 123.46A, subsection 2, Code 2023, is
30amended to read as follows:
312. Licensees authorized to sell wine, beer, or mixed drinks
32or cocktails for consumption off the licensed premises in a
33container other than the original container may deliver the
34wine, beer, or mixed drinks or cocktails to a home or other
35designated location in this state only if the container other
-1367-1than the original container has been sold and securely sealed
2in compliance with this chapter or the rules of the division
3 department. Deliveries shall be limited to alcoholic beverages
4authorized by the licensee’s license or permit.
5 Sec. 2447. Section 123.46A, subsection 3, paragraph g, Code
62023, is amended to read as follows:
7g. Delivery of alcoholic liquor, wine, beer, or mixed drinks
8or cocktails shall be made by the licensee, the licensee’s
9employee, or a third party, provided the licensee has entered
10into a written agreement with the third party that authorizes
11the third party to act as an agent of the licensee for the
12purpose of delivering alcoholic liquor, wine, beer, or mixed
13drinks or cocktails. Each licensee shall submit to the
14division department electronically, or in a manner prescribed
15by the administrator director, a list of names and addresses of
16all third parties it has authorized to act as its agent for the
17purpose of delivering alcoholic liquor, wine, beer, or mixed
18drinks or cocktails. The licensee shall provide the division
19 department with amendments to the list as necessary to ensure
20the division department possesses an accurate, current list.
21 Sec. 2448. Section 123.49, subsection 2, paragraph d,
22subparagraphs (1), (2), and (3), Code 2023, are amended to read
23as follows:
24(1) Keep on premises covered by a retail alcohol license any
25alcoholic liquor in any container except the original package
26purchased from the division department, and except mixed drinks
27or cocktails mixed on the premises for immediate consumption
28on the licensed premises or as otherwise provided by this
29paragraph “d”. This prohibition does not apply to holders
30of a class “D” retail alcohol license or to alcoholic liquor
31delivered in accordance with section 123.46A.
32(2) Mixed drinks or cocktails mixed on the premises that are
33not for immediate consumption may be consumed on the licensed
34premises subject to the requirements of this subparagraph
35pursuant to rules adopted by the division department. The
-1368-1rules shall provide that the mixed drinks or cocktails be
2stored, for no longer than seventy-two hours, in a labeled
3container in a quantity that does not exceed three gallons.
4The rules shall also provide that added flavors and other
5nonbeverage ingredients included in the mixed drinks or
6cocktails shall not include hallucinogenic substances or added
7caffeine or other added stimulants including but not limited to
8guarana, ginseng, and taurine. The rules shall also require
9that the licensee keep records as to when the contents in
10a particular container were mixed and the recipe used for
11that mixture. In addition, mixed drinks or cocktails mixed
12on the premises pursuant to this subparagraph may be sold
13for consumption off the licensed premises as provided in and
14subject to the requirements of subparagraph (3).
15(3) Mixed drinks or cocktails mixed on premises covered
16by a class “C” retail alcohol license for consumption off the
17licensed premises may be sold if the mixed drink or cocktail is
18immediately filled in a sealed container and is promptly taken
19from the licensed premises prior to consumption of the mixed
20drink or cocktail. A mixed drink or cocktail that is sold in a
21sealed container in compliance with the requirements of this
22subparagraph and rules adopted by the division department shall
23not be deemed an open container subject to the requirements
24of sections 321.284 and 321.284A if the sealed container is
25unopened and the seal has not been tampered with, and the
26contents of the container have not been partially removed.
27 Sec. 2449. Section 123.50, subsection 2, Code 2023, is
28amended to read as follows:
292. The conviction of any retail alcohol licensee for a
30violation of any of the provisions of section 123.49, subject
31to subsection 3 of this section, is grounds for the suspension
32or revocation of the license or permit by the division
33 department or the local authority. However, if any retail
34alcohol licensee is convicted of any violation of section
35123.49, subsection 2, paragraph “a” or “e”, or any retail
-1369-1alcohol licensee, excluding a special class “B” or class “D”
2retail alcohol licensee, is convicted of a violation of section
3123.49, subsection 2, paragraph “d”, the retail alcohol license
4shall be revoked and shall immediately be surrendered by the
5holder, and the bond, if any, of the license holder shall be
6forfeited to the division department. However, the division
7 department shall retain only that portion of the bond equal
8to the amount the division department determines the license
9holder owes the division department.
10 Sec. 2450. Section 123.50, subsection 3, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12If any retail alcohol licensee or employee of a licensee is
13convicted or found in violation of section 123.49, subsection
142, paragraph “h”, the administrator director or local authority
15shall, in addition to criminal penalties fixed for violations
16by this section, assess a civil penalty as follows:
17 Sec. 2451. Section 123.50, subsection 4, Code 2023, is
18amended to read as follows:
194. In addition to any other penalties imposed under this
20chapter, the division department shall assess a civil penalty
21up to the amount of five thousand dollars upon a class “E”
22retail alcohol licensee when the class “E” retail alcohol
23license is revoked for a violation of section 123.59. Failure
24to pay the civil penalty as required under this subsection
25shall result in forfeiture of the bond to the division
26 department. However, the division department shall retain
27only that portion of the bond equal to the amount the division
28 department determines the license or permit holder owes the
29division department.
30 Sec. 2452. Section 123.50A, subsections 1, 2, and 4, Code
312023, are amended to read as follows:
321. If sufficient funding is appropriated, the division
33 department shall develop an alcohol compliance employee
34training program, not to exceed two hours in length for
35employees and prospective employees of licensees and
-1370-1permittees, to inform the employees about state laws and
2regulations regarding the sale of alcoholic beverages to
3persons under legal age, and compliance with and the importance
4of laws regarding the sale of alcoholic beverages to persons
5under legal age. In developing the alcohol compliance employee
6training program, the division department may consult with
7stakeholders who have expertise in the laws and regulations
8regarding the sale of alcoholic beverages to persons under
9legal age.
102. The alcohol compliance employee training program shall
11be made available to employees and prospective employees
12of licensees and permittees at no cost to the employee,
13the prospective employee, or the licensee or permittee, and
14in a manner which is as convenient and accessible to the
15extent practicable throughout the state so as to encourage
16attendance. Contingent upon the availability of specified
17funds for provision of the program, the division department
18 shall schedule the program on at least a monthly basis and the
19program shall be available at a location in at least a majority
20of counties.
214. The division department shall also offer periodic
22continuing employee training and recertification for employees
23who have completed initial training and received an initial
24certificate of completion as part of the alcohol compliance
25employee training program.
26 Sec. 2453. Section 123.56, subsections 3 and 4, Code 2023,
27are amended to read as follows:
283. Upon filing a suit in equity in district court pursuant
29to subsection 2, the county attorney or city attorney shall
30notify the administrator director of the action. Upon
31receiving notice, the administrator director shall issue an
32order reducing the hours during which alcoholic beverages may
33be sold or consumed at retail on the licensed premises to
34between 6:00 a.m.and 10:00 p.m.each day of the week during
35the pendency of the action in equity. The county attorney or
-1371-1city attorney shall notify the administrator director of any
2final action or judgment entered resulting from the action.
34. In an action seeking abatement of a public safety
4nuisance as provided in this section, evidence of other
5current violations of this chapter may be received by the
6court and considered in determining the remedial provisions
7of any abatement order. In addition, evidence of prior
8sanctions, violations of law, nuisance behavior, or general
9reputation relating to the licensed premises may be admissible
10in determining the reasonableness of remedial provisions of an
11abatement order. However, evidence of a prior conviction of
12the licensee, managers, employees, or contemporaneous patrons
13and guests is not necessary for purposes of considering or
14issuing an abatement order under this section. In an action
15under this section, the administrator director may submit
16to the court a report as evidence on behalf of the division
17 department regarding the compliance history of the licensee or
18permittee for consideration by the court.
19 Sec. 2454. Section 123.57, Code 2023, is amended to read as
20follows:
21123.57 Examination of accounts.
22The financial condition and transactions of all offices,
23departments, warehouses, and depots of concerning the division
24 alcohol beverage control activities of the department shall be
25examined at least once each year by the state auditor and at
26shorter periods if requested by the administrator director,
27governor, commission council, or the general assembly’s
28standing committees on government oversight.
29 Sec. 2455. Section 123.58, Code 2023, is amended to read as
30follows:
31123.58 Auditing.
32All provisions of sections 11.6, 11.11, 11.14, 11.21,
3311.31, and 11.41, relating to auditing of financial records
34of governmental subdivisions which are not inconsistent with
35this chapter are applicable to the division department and its
-1372-1offices, warehouses, and depots under this chapter.
2 Sec. 2456. Section 123.92, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. Subject to the limitation amount specified in paragraph
5“c”, if applicable, any third party who is not the intoxicated
6person who caused the injury at issue and who is injured in
7person or property or means of support by an intoxicated person
8or resulting from the intoxication of a person, has a right of
9action for damages actually sustained, severally or jointly
10against any licensee or permittee, whether or not the license
11or permit was issued by the division department or by the
12licensing authority of any other state, who sold and served any
13alcoholic beverage directly to the intoxicated person, provided
14that the person was visibly intoxicated at the time of the sale
15or service.
16 Sec. 2457. Section 123.92, subsection 2, paragraphs a and c,
17Code 2023, are amended to read as follows:
18a. Every retail alcohol licensee, except a class “B”,
19special class “B”, or class “E” retail alcohol licensee, shall
20furnish proof of financial responsibility by the existence of
21a liability insurance policy in an amount determined by the
22division department. If an insurer provides dramshop liability
23insurance at a new location to a licensee or permittee who has
24a positive loss experience at other locations for which such
25insurance is provided by the insurer, and the insurer bases
26premium rates at the new location on the negative loss history
27of the previous licensee at that location, the insurer shall
28examine and consider adjusting the premium for the new location
29not less than thirty months after the insurance is issued,
30based on the loss experience of the licensee at that location
31during that thirty-month period of time.
32c. The purpose of dramshop liability insurance is to provide
33protection for members of the public who experience damages as
34a result of licensees serving patrons any alcoholic beverage
35to a point that reaches or exceeds the standard set forth in
-1373-1law for liability. Minimum coverage requirements for such
2insurance are not for the purpose of making the insurance
3affordable for all licensees regardless of claims experience.
4A dramshop liability insurance policy obtained by a licensee
5shall meet the minimum insurance coverage requirements as
6determined by the division department and is a mandatory
7condition for holding a license.
8 Sec. 2458. Section 123.95, subsection 2, paragraph a, Code
92023, is amended to read as follows:
10a. The holder of an annual class “C” retail alcohol license
11may act as the agent of a private social host for the purpose
12of providing and serving alcoholic beverages as part of a food
13catering service for a private social gathering in a private
14place, provided the licensee has applied for and been granted a
15catering privilege by the division department. The holder of
16an annual special class “C” retail alcohol license shall not
17act as the agent of a private social host for the purpose of
18providing and serving wine and beer as part of a food catering
19service for a private social gathering in a private place. An
20applicant for a class “C” retail alcohol license shall state
21on the application for the license that the licensee intends
22to engage in catering food and alcoholic beverages for private
23social gatherings and the catering privilege shall be noted on
24the license.
25 Sec. 2459. Section 123.125, Code 2023, is amended to read
26as follows:
27123.125 Issuance of beer permits.
28The administrator director shall issue class “A” and special
29class “A” beer permits and may suspend or revoke permits for
30cause as provided in this chapter.
31 Sec. 2460. Section 123.126A, subsection 2, Code 2023, is
32amended to read as follows:
332. Notwithstanding any provision of this chapter to the
34contrary, a manufacturer of beer may obtain and possess
35alcoholic liquor from the division department for the purpose
-1374-1of manufacturing canned cocktails.
2 Sec. 2461. Section 123.127, subsection 1, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4A person applying for a class “A” or special class “A” beer
5permit shall submit a completed application electronically, or
6in a manner prescribed by the administrator director, which
7shall set forth under oath the following:
8 Sec. 2462. Section 123.127, subsection 1, paragraphs e and
9g, Code 2023, are amended to read as follows:
10e. When required by the administrator director, and in
11such form and containing such information as the administrator
12 director may require, a description of the premises where
13the applicant intends to use the permit, to include a sketch
14or drawing of the premises and, if applicable, the number of
15square feet of interior floor space which comprises the retail
16sales area of the premises.
17g. Any other information as required by the administrator
18 director.
19 Sec. 2463. Section 123.127, subsection 2, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21The administrator director shall issue a class “A” or
22special class “A” beer permit to any applicant who establishes
23all of the following:
24 Sec. 2464. Section 123.127, subsection 2, paragraphs d and
25g, Code 2023, are amended to read as follows:
26d. That the applicant has filed with the division department
27 a basic permit issued by the alcohol and tobacco tax and trade
28bureau of the United States department of the treasury, and
29that the applicant will faithfully observe and comply with all
30laws, rules, and regulations governing the manufacture and sale
31of beer.
32g. That the applicant has submitted a bond in the amount
33of ten thousand dollars in a manner prescribed by the
34administrator director with good and sufficient sureties to be
35approved by the division department conditioned upon compliance
-1375-1with this chapter.
2 Sec. 2465. Section 123.130, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. Any person holding a class “A” beer permit issued by
5the division department shall be authorized to manufacture
6and sell, or sell at wholesale, beer for consumption off the
7premises, such sales within the state to be made only to
8persons holding a subsisting class “A” beer permit, or retail
9alcohol licenses, excluding a special class “B” retail native
10wine license, issued in accordance with the provisions of this
11chapter. However, a person holding a class “A” beer permit
12issued by the division department who also holds a brewer’s
13notice issued by the alcohol and tobacco tax and trade bureau
14of the United States department of the treasury shall be
15authorized to sell, at wholesale, no more than thirty thousand
16barrels of beer on an annual basis for consumption off the
17premises to a licensee authorized under this chapter to sell
18beer at retail.
19 Sec. 2466. Section 123.130, subsection 5, Code 2023, is
20amended to read as follows:
215. A manufacturer of beer issued a class “A” or special
22class “A” beer permit shall file with the division department,
23on or before the fifteenth day of each calendar month, all
24documents filed with the alcohol and tobacco tax and trade
25bureau of the United States department of the treasury,
26including all brewer’s operation and excise tax return reports.
27 Sec. 2467. Section 123.135, subsections 1, 2, and 3, Code
282023, are amended to read as follows:
291. A manufacturer, brewer, bottler, importer, or vendor of
30beer, or any agent thereof, desiring to ship or sell beer, or
31have beer brought into this state for resale by a class “A”
32beer permittee, shall first make application for and be issued
33a brewer’s certificate of compliance by the administrator
34 director for that purpose. The certificate of compliance
35expires at the end of one year from the date of issuance and
-1376-1shall be renewed for a like period upon application to the
2administrator director unless otherwise revoked for cause.
3Each completed application for a certificate of compliance or
4renewal of a certificate shall be submitted electronically,
5or in a manner prescribed by the administrator director, and
6shall be accompanied by a fee of two hundred dollars payable
7to the division department. Each holder of a certificate
8of compliance shall furnish the information in a manner the
9administrator director requires.
102. At the time of applying for a certificate of compliance,
11each applicant shall file with the division department a list
12of all class “A” beer permittees with whom it intends to do
13business and shall designate the geographic area in which its
14products are to be distributed by such permittee. The listing
15of class “A” beer permittees and geographic area as filed with
16the division department shall be amended by the holder of a
17certificate of compliance as necessary to keep the listing
18current with the division department.
193. All class “A” beer permit holders shall sell only
20those brands of beer which are manufactured, brewed,
21bottled, shipped, or imported by a person holding a current
22certificate of compliance. Any employee or agent working for
23or representing the holder of a certificate of compliance
24within this state shall submit electronically, or in a manner
25prescribed by the administrator director, the employee’s or
26agent’s name and address with the division department.
27 Sec. 2468. Section 123.137, subsection 1, Code 2023, is
28amended to read as follows:
291. A person holding a class “A” or special class “A” beer
30permit shall, on or before the tenth day of each calendar month
31commencing on the tenth day of the calendar month following
32the month in which the person is issued a beer permit, make a
33report under oath to the division department electronically, or
34in a manner prescribed by the administrator director, showing
35the exact number of barrels of beer, or fractional parts of
-1377-1barrels, sold by the beer permit holder during the preceding
2calendar month. The report shall also state information the
3administrator director requires, and beer permit holders shall
4at the time of filing a report pay to the division department
5 the amount of tax due at the rate fixed in section 123.136.
6 Sec. 2469. Section 123.138, Code 2023, is amended to read
7as follows:
8123.138 Records required — keg identification label.
91. Each class “A” or special class “A” beer permittee shall
10keep proper records showing the amount of beer sold by the
11permittee, and these records shall be at all times open to
12inspection by the administrator director and to other persons
13pursuant to section 123.30, subsection 1. Each retail alcohol
14licensee as described in section 123.30 shall keep proper
15records showing each purchase of beer made by the licensee, and
16the date and the amount of each purchase and the name of the
17person from whom each purchase was made, which records shall be
18open to inspection pursuant to section 123.30, subsection 1,
19during normal business hours of the licensee.
202. a. Each retail alcohol licensee who sells beer for
21off-premises consumption shall affix to each keg of beer an
22identification label provided by the administrator director.
23The label provided shall allow for its full removal when
24common external keg cleaning procedures are performed. For
25the purposes of this subsection, “keg” means all durable and
26disposable containers with a liquid capacity of five gallons or
27more. Each retail alcohol licensee shall also keep a record
28of the identification label number of each keg of beer sold by
29the licensee with the name and address of the purchaser and
30the number of the purchaser’s driver’s license, nonoperator’s
31identification card, or military identification card, if
32the military identification card contains a picture and
33signature. This information shall be retained by the licensee
34for a minimum of ninety days. The records kept pursuant to
35this subsection shall be available for inspection by any law
-1378-1enforcement officer during normal business hours.
2b. (1) The division department shall provide the keg
3identification labels described in paragraph “a” and shall,
4prior to utilizing a label, notify licensed brewers and
5licensed beer importers of the type of label to be utilized.
6Each label shall contain a number and the following statement:
7It is unlawful to sell, give, or otherwise supply any
8alcoholic beverage, wine, or beer to any person under legal
9age. Any person who defaces this label shall be guilty of
10criminal mischief punishable pursuant to section 716.6.
11(2) The identification label shall be placed on the keg at
12the time of retail sale. The licensee shall obtain the labels
13referred to in this subsection from the division department.
14The cost of the labels to licensees shall not exceed the
15division’s department’s cost of producing and distributing
16the labels. The moneys collected by the division department
17 relating to the sale of labels shall be credited to the beer
18and liquor control fund.
19c. The provisions of this subsection shall be implemented
20uniformly throughout the state. The provisions of this
21subsection shall preempt any local county or municipal
22ordinance regarding keg registration or the sale of beer in
23kegs. In addition, a county or municipality shall not adopt or
24continue in effect an ordinance regarding keg registration or
25the sale of beer in kegs.
26 Sec. 2470. Section 123.143, subsection 1, Code 2023, is
27amended to read as follows:
281. All permit fees collected by the division department
29 under this subchapter shall accrue to the beer and liquor
30control fund, except as otherwise provided. All taxes
31collected by the division department under this subchapter
32shall accrue to the state general fund, except as otherwise
33provided.
34 Sec. 2471. Section 123.173, subsection 3, Code 2023, is
35amended to read as follows:
-1379- 13. A class “A” wine permittee shall be required to deliver
2wine to a retail alcohol licensee, and a retail alcohol
3licensee shall be required to accept delivery of wine from a
4class “A” wine permittee, only at the licensed premises of the
5retail alcohol licensee. Except as specifically permitted by
6the division department upon good cause shown, delivery or
7transfer of wine from an unlicensed premises to a licensed
8retail alcohol licensee’s premises, or from one licensed retail
9alcohol licensee’s premises to another licensed retail alcohol
10licensee’s premises, even if there is common ownership of all
11of the premises by one retail permittee, is prohibited.
12 Sec. 2472. Section 123.173A, subsection 2, Code 2023, is
13amended to read as follows:
142. Upon application to the division department and receipt
15of a charity beer, spirits, and wine special event license, an
16authorized nonprofit entity may conduct a charity special event
17subject to the requirements of this section.
18 Sec. 2473. Section 123.173A, subsection 4, paragraph a,
19Code 2023, is amended to read as follows:
20a. The charity event shall be conducted on a premises
21covered by a valid retail alcohol license issued by the
22division department.
23 Sec. 2474. Section 123.173A, subsection 5, paragraph b,
24Code 2023, is amended to read as follows:
25b. The retail alcohol license number issued by the division
26 department for the premises where a charity event is to be
27conducted, if applicable.
28 Sec. 2475. Section 123.174, Code 2023, is amended to read
29as follows:
30123.174 Issuance of wine permits.
31The administrator director shall issue wine permits as
32provided in this chapter, and may suspend or revoke a wine
33permit for cause as provided in this chapter.
34 Sec. 2476. Section 123.175, subsection 1, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1380- 1A person applying for a class “A” wine permit shall submit a
2completed application electronically, or in a manner prescribed
3by the administrator director, which shall set forth under oath
4the following:
5 Sec. 2477. Section 123.175, subsection 1, paragraphs e and
6g, Code 2023, are amended to read as follows:
7e. When required by the administrator director, and in
8such form and containing such information as the administrator
9 director may require, a description of the premises where the
10applicant intends to use the permit, to include a sketch or
11drawing of the premises.
12g. Any other information as required by the administrator
13 director.
14 Sec. 2478. Section 123.175, subsection 2, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16The administrator director shall issue a class “A” wine
17permit to any applicant who establishes all of the following:
18 Sec. 2479. Section 123.175, subsection 2, paragraphs d and
19g, Code 2023, are amended to read as follows:
20d. That the applicant has filed with the division department
21 a basic permit issued by the alcohol and tobacco tax and trade
22bureau of the United States department of the treasury, and
23that the applicant will faithfully observe and comply with all
24the laws, rules, and regulations governing the manufacture and
25sale of wine.
26g. That the applicant has submitted a bond in the amount
27of five thousand dollars in a manner prescribed by the
28administrator director with good and sufficient sureties to be
29approved by the division department conditioned upon compliance
30with this chapter.
31 Sec. 2480. Section 123.176, subsections 1, 2, 7, and 8, Code
322023, are amended to read as follows:
331. Subject to rules of the division department,
34manufacturers of native wines from grapes, cherries, other
35fruits or other fruit juices, vegetables, vegetable juices,
-1381-1dandelions, clover, honey, or any combination of these
2ingredients, holding a class “A” wine permit as required by
3this chapter, may sell, keep, or offer for sale and deliver the
4wine. Notwithstanding section 123.24, subsection 2, paragraph
5“b”, or any other provision of this chapter, manufacturers
6of native wine may obtain and possess grape brandy from the
7division department for the sole purpose of manufacturing wine.
82. Native wine may be sold at retail for off-premises
9consumption when sold on the premises of the manufacturer, or
10in a retail establishment operated by the manufacturer. Sales
11may also be made to class “A” or retail alcohol licensees as
12authorized by sections 123.30 and 123.177. A manufacturer of
13native wines shall not sell the wines other than as permitted
14in this chapter and shall not allow wine sold to be consumed
15upon the premises of the manufacturer. However, prior to
16sale, native wines may be tasted pursuant to the rules of the
17division department on the premises where made, when no charge
18is made for the tasting.
197. A manufacturer may use the space and equipment of another
20manufacturer for the purpose of manufacturing native wine,
21provided that such an alternating proprietorship arrangement
22is approved by the alcohol and tobacco tax and trade bureau
23of the United States department of the treasury. A separate
24class “A” wine permit shall be issued to each manufacturer,
25and each manufacturer shall be subject to the provisions
26of this chapter and the rules of the division department.
27Notwithstanding subsection 5, not more than one class “C”
28retail alcohol license shall be issued to a premises with
29alternating proprietorships.
308. A manufacturer of native wines shall file with the
31division department, on or before the fifteenth day of each
32calendar month, all documents filed with the alcohol and
33tobacco tax and trade bureau of the United States department of
34the treasury, including all wine premises operations and excise
35tax return reports.
-1382-1 Sec. 2481. Section 123.180, subsections 1, 2, and 3, Code
22023, are amended to read as follows:
31. A manufacturer, vintner, bottler, importer, or vendor of
4wine, or an agent thereof, desiring to ship, sell, or have wine
5brought into this state for sale at wholesale by a class “A”
6permittee shall first make application for and shall be issued
7a vintner’s certificate of compliance by the administrator
8 director for that purpose. The vintner’s certificate of
9compliance shall expire at the end of one year from the
10date of issuance and shall be renewed for a like period upon
11application to the administrator director unless otherwise
12revoked for cause. Each completed application for a vintner’s
13certificate of compliance or renewal of a certificate shall
14be submitted electronically, or in a manner prescribed by the
15administrator director, and shall be accompanied by a fee of
16two hundred dollars payable to the division department. Each
17holder of a vintner’s certificate of compliance shall furnish
18the information required by the administrator director in the
19form the administrator director requires. A vintner or wine
20bottler whose plant is located in Iowa and who otherwise holds
21a class “A” wine permit to sell wine at wholesale is exempt
22from the fee, but not the other terms and conditions. The
23holder of a vintner’s certificate of compliance may also hold a
24class “A” wine permit.
252. At the time of applying for a vintner’s certificate
26of compliance, each applicant shall file with the division
27 department a list of all class “A” wine permittees with
28whom it intends to do business. The listing of class “A”
29wine permittees as filed with the division department shall
30be amended by the holder of the certificate of compliance
31as necessary to keep the listing current with the division
32 department.
333. All class “A” wine permit holders shall sell only those
34brands of wine which are manufactured, bottled, fermented,
35shipped, or imported by a person holding a current vintner’s
-1383-1certificate of compliance. An employee or agent working for
2or representing the holder of a vintner’s certificate of
3compliance within this state shall register the employee’s
4or agent’s name and address with the division department.
5These names and addresses shall be filed with the division’s
6 department’s copy of the certificate of compliance issued
7except that this provision does not require the listing of
8those persons who are employed on the premises of a bottling
9plant, or winery where wine is manufactured, fermented,
10or bottled in Iowa or the listing of those persons who are
11thereafter engaged in the transporting of the wine.
12 Sec. 2482. Section 123.184, Code 2023, is amended to read
13as follows:
14123.184 Report of gallonage sales — penalty.
151. Each class “A” wine permit holder on or before the
16tenth day of each calendar month commencing on the tenth day
17of the calendar month following the month in which the person
18is issued a permit, shall make a report under oath to the
19division department electronically, or in a manner prescribed
20by the administrator director, showing the exact number of
21gallons of wine and fractional parts of gallons sold by that
22permit holder during the preceding calendar month. The report
23also shall state whatever reasonable additional information
24the administrator director requires. The permit holder at
25the time of filing this report shall pay to the division
26 department the amount of tax due at the rate fixed in section
27123.183. A penalty of ten percent of the amount of the tax
28shall be assessed and collected if the report required to be
29filed pursuant to this subsection is not filed and the tax paid
30within the time required by this subsection.
312. Each wine direct shipper license holder shall make a
32report under oath to the division department electronically,
33or in a manner prescribed by the administrator director, on
34or before the tenth day of the calendar months of June and
35December, showing the exact number of gallons of wine and
-1384-1fractional parts of gallons sold and shipped pursuant to
2section 123.187 during the preceding six-month calendar period.
3The report shall also state whatever reasonable additional
4information the administrator director requires. The license
5holder at the time of filing this report shall pay to the
6division department the amount of tax due at the rate fixed
7in section 123.183. A penalty of ten percent of this amount
8shall be assessed and collected if the report required to be
9filed pursuant to this subsection is not filed and the tax paid
10within the time required by this subsection.
11 Sec. 2483. Section 123.186, subsections 1 and 2, Code 2023,
12are amended to read as follows:
131. The division department shall adopt as rules the
14substance of the federal regulations 27 C.F.R. pt.6, 27 C.F.R.
15pt.8, 27 C.F.R. pt.10, and 27 C.F.R. pt.11.
162. The division department shall adopt as rules the
17substance of 27 C.F.R. §6.88, to permit a manufacturer of
18alcoholic beverages, wine, or beer, or an agent of such
19manufacturer, to provide to a retailer without charge wine and
20beer coil cleaning services, including carbon dioxide filters
21and other necessary accessories to properly clean the coil and
22affix carbon dioxide filters. The rules shall provide that the
23manufacturer shall be responsible for paying the costs of any
24filters provided.
25 Sec. 2484. Section 123.187, subsection 2, paragraphs b and
26d, Code 2023, are amended to read as follows:
27b. A wine manufacturer applying for a wine direct
28shipper permit shall submit an application for the permit
29electronically, or in a manner prescribed by the administrator
30 director, accompanied by a true copy of the manufacturer’s
31current alcoholic beverage license or permit issued by the
32state where the manufacturer is primarily located and a copy
33of the manufacturer’s basic permit issued by the alcohol and
34tobacco tax and trade bureau of the United States department of
35the treasury.
-1385- 1d. A permit issued pursuant to this section may be
2renewed annually by submitting a renewal application with
3the administrator director in a manner prescribed by the
4administrator director, accompanied by the twenty-five dollar
5permit fee.
6 Sec. 2485. Section 123.187, subsection 3, paragraph c, Code
72023, is amended to read as follows:
8c. All containers of wine shipped directly to a resident
9of this state shall be conspicuously labeled with the words
10“CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
11REQUIRED FOR DELIVERY” or shall be conspicuously labeled with
12alternative wording preapproved by the administrator director.
13 Sec. 2486. Section 123.187, subsections 4 and 5, Code 2023,
14are amended to read as follows:
154. A wine direct shipper permittee shall remit to the
16division department an amount equivalent to the wine gallonage
17tax on wine subject to direct shipment at the rate specified
18in section 123.183 for deposit as provided in section 123.183,
19subsections 2 and 3. The amount shall be remitted at the time
20and in the manner provided in section 123.184, subsection
212, and the ten percent penalty specified therein shall be
22applicable.
235. A wine direct shipper permittee shall be deemed to have
24consented to the jurisdiction of the division department or any
25other agency or court in this state concerning enforcement of
26this section and any related laws, rules, or regulations. A
27permit holder shall allow the division department to perform an
28audit of shipping records upon request.
29 Sec. 2487. Section 123.188, subsections 1, 2, and 3, Code
302023, are amended to read as follows:
311. A person desiring to deliver wine subject to direct
32shipment within this state pursuant to section 123.187 shall
33submit an application for a wine carrier permit electronically,
34or in a manner prescribed by the administrator director, which
35shall be accompanied by a fee in the amount of one hundred
-1386-1dollars.
22. The administrator director may in accordance with this
3chapter issue a wine carrier permit which shall be valid
4for one year from the date of issuance unless it is sooner
5suspended or revoked for a violation of this chapter.
63. A permit issued pursuant to this section may be
7renewed annually by submitting a renewal application with
8the administrator director in a manner prescribed by the
9administrator director, accompanied by the one hundred dollar
10permit fee.
11 Sec. 2488. Section 123.188, subsection 4, paragraph c, Code
122023, is amended to read as follows:
13c. A wine carrier permittee shall maintain records of wine
14shipped which include the permit number and name of the wine
15manufacturer, quantity of wine shipped, recipient’s name and
16address, and an electronic or paper form of signature from
17the recipient of the wine. Records shall be submitted to the
18division department on a monthly basis in a form and manner to
19be determined by the division department.
20 Sec. 2489. Section 321.19, subsection 1, paragraph c,
21subparagraph (3), Code 2023, is amended to read as follows:
22(3) Persons in the department of justice, the alcoholic
23beverages division of the department of commerce, disease
24investigators of the Iowa department of public health, the
25department of inspections and appeals, and the department of
26revenue, who are regularly assigned to conduct investigations
27which cannot reasonably be conducted with a vehicle displaying
28“official” state registration plates.
29 Sec. 2490. Section 453A.2, subsections 4, 6, and 7, Code
302023, are amended to read as follows:
314. The alcoholic beverages division of the department of
32commerce, a county, or a city may directly enforce this section
33in district court and initiate proceedings pursuant to section
34453A.22 before a permit-issuing authority which issued the
35permit against a permit holder violating this section.
-1387- 16. If a county or a city has not assessed a penalty pursuant
2to section 453A.22, subsection 2, for a violation of subsection
31, within sixty days of the adjudication of the violation,
4the matter shall be transferred to and be the exclusive
5responsibility of the alcoholic beverages division of the
6 department of commerce. Following transfer of the matter, if
7the violation is contested, the alcoholic beverages division
8of the department of commerce shall request an administrative
9hearing before an administrative law judge, assigned by the
10division of administrative hearings of the department of
11inspections and appeals in accordance with the provisions of
12section 10A.801, to adjudicate the matter pursuant to chapter
1317A.
147. A tobacco compliance employee training fund is
15created in the office of the treasurer of state. The fund
16shall consist of civil penalties assessed by the alcoholic
17beverages division of the department of commerce under
18section 453A.22 for violations of this section. Moneys in
19the fund are appropriated to the alcoholic beverages division
20of the department of commerce and shall be used to develop
21and administer the tobacco compliance employee training
22program under section 453A.5. Moneys deposited in the fund
23shall not be transferred, used, obligated, appropriated, or
24otherwise encumbered except as provided in this subsection.
25Notwithstanding section 8.33, any unexpended balance in the
26fund at the end of the fiscal year shall be retained in the
27fund.
28 Sec. 2491. Section 453A.5, subsection 1, Code 2023, is
29amended to read as follows:
301. The alcoholic beverages division of the department of
31commerce shall develop a tobacco compliance employee training
32program not to exceed two hours in length for employees and
33prospective employees of retailers, as defined in sections
34453A.1 and 453A.42, to inform the employees about state and
35federal laws and regulations regarding the sale of tobacco,
-1388-1tobacco products, alternative nicotine products, vapor
2products, and cigarettes to persons under twenty-one years of
3age and compliance with and the importance of laws regarding
4the sale of tobacco, tobacco products, alternative nicotine
5products, vapor products, and cigarettes to persons under
6twenty-one years of age.
7 Sec. 2492. Section 453A.13, subsection 2, paragraph c, Code
82023, is amended to read as follows:
9c. The department, or a A city or county, shall submit
10a duplicate of any application for a retail permit to the
11alcoholic beverages division of the department of commerce
12 within thirty days of the issuance. The alcoholic beverages
13division of the department of commerce shall submit the current
14list of all retail permits issued to the Iowa department of
15public health by the last day of each quarter of a state fiscal
16year.
17 Sec. 2493. Section 453A.22, subsection 2, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19If a retailer or employee of a retailer has violated section
20453A.2 or section 453A.36, subsection 6, the department or
21local authority, or the alcoholic beverages division of the
22 department of commerce following transfer of the matter to the
23alcoholic beverages division of the department of commerce
24 pursuant to section 453A.2, subsection 6, in addition to the
25other penalties fixed for such violations in this section,
26shall assess a penalty upon the same hearing and notice as
27prescribed in subsection 1 as follows:
28 Sec. 2494. Section 453A.22, subsection 6, Code 2023, is
29amended to read as follows:
306. The department or local authority shall report the
31suspension or revocation of a retail permit under this section
32to the alcoholic beverages division of the department of
33commerce within thirty days of the suspension or revocation of
34the retail permit.
35 Sec. 2495. Section 453A.47A, subsection 6, Code 2023, is
-1389-1amended to read as follows:
26. Issuance. Cities may issue retail permits to retailers
3located within their respective limits. County boards of
4supervisors may issue retail permits to retailers located in
5their respective counties, outside of the corporate limits of
6cities. The city or county shall submit a duplicate of any
7application for a retail permit to the alcoholic beverages
8division of the department of commerce within thirty days of
9issuance of a permit. The alcoholic beverages division of the
10 department of commerce shall submit the current list of all
11retail permits issued to the Iowa department of public health
12by the last day of each quarter of a state fiscal year.
13 Sec. 2496. Section 455C.3, subsections 2 and 5, Code 2023,
14are amended to read as follows:
152. A distributor shall accept and pick up from a
16participating dealer served by the distributor or a redemption
17center for a dealer served by the distributor at least weekly,
18or when the distributor delivers the beverage product if
19deliveries are less frequent than weekly, any empty beverage
20container of the kind, size, and brand sold by the distributor,
21and shall pay to the participating dealer or redemption center
22the refund value of a beverage container and the reimbursement
23as provided under section 455C.2 within one week following
24pickup of the containers or when the participating dealer
25normally pays the distributor for the deposit on beverage
26products purchased from the distributor if less frequent than
27weekly. A distributor or employee or agent of a distributor is
28not in violation of this subsection if a redemption center is
29closed when the distributor attempts to make a regular pickup
30of empty beverage containers. This subsection does not apply
31to a distributor selling alcoholic liquor to the alcoholic
32beverages division of the department of commerce revenue.
335. The alcoholic beverages division of the department
34of commerce revenue shall provide for the disposal of
35empty beverage containers as required under subsection
-1390-12. The division department of revenue shall give priority
2consideration to the recycling of the empty beverage containers
3to the extent possible, before any other appropriate disposal
4method is considered or implemented.
5CONFORMING CHANGES
6 Sec. 2497. Section 7E.5, subsection 1, paragraph c, Code
72023, is amended to read as follows:
8c. The department of revenue, created in section 421.2,
9which has primary responsibility for revenue collection
10and revenue law compliance, the Iowa lottery, and alcoholic
11beverage control.
12 Sec. 2498. Section 421.17, Code 2023, is amended by adding
13the following new subsection:
14 NEW SUBSECTION. 39. Administer chapters 99G and 123.
15 Sec. 2499. REPEAL. Section 546.9, Code 2023, is repealed.
16DIVISION XIII
17DEPARTMENT FOR THE BLIND
18 Sec. 2500. Section 216B.2, subsection 1, Code 2023, is
19amended to read as follows:
201. The commission for the blind is established consisting
21of three members appointed by the governor, subject to
22confirmation by the senate. Members of the commission shall
23serve three-year terms beginning and ending as provided in
24section 69.19. The members of the commission shall appoint
25officers for the commission. A majority of the members of the
26commission shall constitute a quorum.
27 Sec. 2501. NEW SECTION. 216B.3A Director — duties.
281. The director of the department shall be appointed by
29the governor, subject to confirmation by the senate, and shall
30serve at the pleasure of the governor. The governor shall set
31the salary of the director within the applicable salary range
32established by the general assembly.
332. The director shall be the executive officer of the
34commission and shall be responsible for implementing policy set
35by the commission. The director shall carry out programs and
-1391-1policies as determined by the commission.
2 Sec. 2502. Section 216B.5, Code 2023, is amended to read as
3follows:
4216B.5 Commission employees.
5The commission may employ staff who shall be qualified by
6experience to assume the responsibilities of the offices. The
7director shall be the administrative officer of the commission
8and shall be responsible for implementing policy set by the
9commission. The director shall carry out programs and policies
10as determined by the commission.
11DIVISION XIV
12DEPARTMENT OF EDUCATION
13IOWA BRAILLE AND SIGHT SAVING SCHOOL AND IOWA SCHOOL FOR THE
14DEAF
15 Sec. 2503. Section 70A.14, subsection 3, paragraph c, Code
162023, is amended by striking the paragraph.
17 Sec. 2504. Section 70A.17A, subsection 1, paragraph
18d, subparagraph (3), Code 2023, is amended by striking the
19subparagraph.
20 Sec. 2505. NEW SECTION. 256.95 Iowa braille and sight
21saving school and Iowa school for the deaf.
22The department shall do all of the following:
231. Govern the Iowa braille and sight saving school.
242. Govern the Iowa school for the deaf.
253. Establish a hall of fame for distinguished graduates at
26the Iowa braille and sight saving school and at the Iowa school
27for the deaf.
28 Sec. 2506. NEW SECTION. 256.103 Employees — contracts —
29termination and discharge procedures.
30Sections 279.12 through 279.19 and section 279.27 apply
31to employees of the Iowa braille and sight saving school and
32the Iowa school for the deaf, who are licensed pursuant to
33subchapter VII, part 3. In following those sections in chapter
34279, the references to boards of directors of school districts
35shall be interpreted to apply to the department.
-1392-1 Sec. 2507. NEW SECTION. 256.104 Students residing on
2state-owned land.
3The department shall pay to the local school boards the
4tuition payments and transportation costs, as otherwise
5authorized by statutes for the elementary or high school
6education of students residing on land owned by the state and
7under the control of the department. Such payments shall be
8made from moneys appropriated to the department.
9 Sec. 2508. NEW SECTION. 256.105 Transfer of a student to
10the university of Iowa hospitals and clinics.
11The department may send any student of the Iowa braille
12and sight saving school or the Iowa school for the deaf to
13the university of Iowa hospitals and clinics for treatment
14and care. The department shall pay the traveling expenses of
15such student, and when necessary the traveling expenses of an
16attendant for the student, out of funds appropriated for the
17use of the department.
18 Sec. 2509. NEW SECTION. 256.107 Administrative rules.
19The state board shall adopt rules pursuant to chapter 17A to
20administer this subchapter.
21 Sec. 2510. Section 256B.2, subsection 2, paragraph c, Code
222023, is amended to read as follows:
23c. For those children who cannot adapt to the regular
24educational or home living conditions, and who are attending
25facilities under chapters chapter 263, 269, and 270 or chapter
26256, subchapter V, upon the request of the board of directors
27of an area education agency, the department of human services
28shall provide residential or detention facilities and the area
29education agency shall provide special education programs and
30services. The area education agencies shall cooperate with
31the board of regents department of education to provide the
32services required by this chapter.
33 Sec. 2511. Section 256B.10, subsection 1, paragraph a, Code
342023, is amended to read as follows:
35a. The department of education shall work with the state
-1393-1 Iowa school for the deaf, the area education agencies, school
2districts, and the early hearing detection and intervention
3program in the Iowa department of public health for purposes
4of coordinating, developing, and disseminating resources for
5use by parents or guardians, early hearing detection and
6intervention programs, the state Iowa school for the deaf,
7area education agencies, school districts, and accredited
8nonpublic schools to inform deaf and hard-of-hearing children’s
9expressive and receptive language acquisition or development.
10 Sec. 2512. Section 256B.10, subsection 1, paragraph b,
11unnumbered paragraph 1, Code 2023, is amended to read as
12follows:
13The duties of the department of education shall, at a
14minimum, include all of the following:
15 Sec. 2513. Section 256B.10, subsection 3, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17The department of education, in consultation with the state
18 Iowa school for the deaf, the area education agencies, school
19districts, and the early hearing detection and intervention
20program in the Iowa department of public health, shall select
21existing tools or assessments that may be used by qualified
22educators to assess American sign language and English language
23and literacy development of deaf and hard-of-hearing children
24from birth through age eight.
25 Sec. 2514. Section 256B.10, subsections 4 and 7, Code 2023,
26are amended to read as follows:
274. The department of education shall disseminate the parent
28resource developed pursuant to this section to parents and
29guardians of deaf and hard-of-hearing children and, consistent
30with federal law, shall disseminate the educator tools and
31assessments selected pursuant to subsection 3 to early hearing
32detection and intervention programs, area education agencies,
33school districts, accredited nonpublic schools, and the
34state Iowa school for the deaf for use in the development and
35modification of individualized family service or individualized
-1394-1education program plans, and shall provide materials and
2training on the use of such materials to assist deaf and
3hard-of-hearing children in kindergarten readiness using
4American sign language or English, or both, from birth through
5age eight.
67. The department of education shall annually compile,
7and publish on the department’s internet site, a report using
8existing data reported in compliance with the state performance
9plan on pupils with disabilities, required under federal law,
10that is specific to language and literacy development in deaf
11and hard-of-hearing children from birth through age eight,
12including those children who are deaf or hard of hearing and
13have other disabilities, relative to the children’s peers who
14are not deaf or hard of hearing.
15 Sec. 2515. Section 256B.10, subsection 5, paragraphs a, b,
16and e, Code 2023, are amended to read as follows:
17a. If moneys are appropriated by the general assembly for
18a fiscal year for the purpose provided in this subsection,
19the department of education shall develop guidelines for a
20comprehensive family support mentoring program that meets the
21language and communication needs of families.
22b. The department of education shall work with the early
23hearing detection and intervention program in the Iowa
24department of public health, the state Iowa school for the
25deaf, and the area education agencies when developing the
26guidelines. The department of education, in consultation with
27the Iowa school for the deaf, shall administer the family
28support mentoring program for deaf or hard-of-hearing children.
29e. The department of education shall coordinate family
30support mentoring activities with the early hearing detection
31and intervention program in the Iowa department of public
32health, the state Iowa school for the deaf, the area education
33agencies, and nonprofit organizations that provide family
34support mentoring to parents with deaf or hard-of-hearing
35children.
-1395-1 Sec. 2516. Section 256B.10, subsection 5, paragraph d,
2unnumbered paragraph 1, Code 2023, is amended to read as
3follows:
4In establishing the family support mentoring program, the
5department of education may do all of the following:
6 Sec. 2517. Section 261E.2, subsection 8, Code 2023, is
7amended to read as follows:
88. “Student” means any individual enrolled in grades nine
9through twelve in a school district who meets the criteria in
10section 261E.3, subsection 1. “Student” includes an individual
11attending an accredited nonpublic school or the Iowa school
12for the deaf or the Iowa braille and sight saving school for
13purposes of sections 261E.4 and 261E.6.
14 Sec. 2518. Section 261E.6, subsections 3, 4, and 6, Code
152023, are amended to read as follows:
163. Authorization. To participate in this program, an
17eligible student shall make application to an eligible
18postsecondary institution to allow the eligible student to
19enroll for college credit in a nonsectarian course offered at
20the institution. A comparable course, as defined in rules
21adopted by the board of directors of the school district
22consistent with department administrative rule, must not be
23offered by the school district or accredited nonpublic school
24the student attends. A course is ineligible for purposes
25of this section if the school district has a contractual
26agreement with the eligible postsecondary institution under
27section 261E.8 that meets the requirements of section 257.11,
28subsection 3, and the course may be delivered through such an
29agreement in accordance with section 257.11, subsection 3.
30If the postsecondary institution accepts an eligible student
31for enrollment under this section, the institution shall send
32written notice to the student, the student’s parent or legal
33guardian in the case of a minor child, and the student’s school
34district or accredited nonpublic school and the school district
35in the case of a nonpublic school student, or the Iowa school
-1396-1for the deaf or the Iowa braille and sight saving school. The
2notice shall list the course, the clock hours the student will
3be attending the course, and the number of hours of college
4credit that the eligible student will receive from the eligible
5postsecondary institution upon successful completion of the
6course.
74. Credits.
8a. A school district, the Iowa school for the deaf, the
9Iowa braille and sight saving school, or accredited nonpublic
10school shall grant high school credit to an eligible student
11enrolled in a course under this chapter if the eligible student
12successfully completes the course as determined by the eligible
13postsecondary institution. The board of directors of the
14school district, the board of regents department of education
15 for the Iowa school for the deaf and the Iowa braille and
16sight saving school, or authorities in charge of an accredited
17nonpublic school shall determine the number of high school
18credits that shall be granted to an eligible student who
19successfully completes a course. Eligible students may take
20up to seven semester hours of credit during the summer months
21when school is not in session and receive credit for that
22attendance, if the student pays the cost of attendance for
23those summer credit hours.
24b. The high school credits granted to an eligible
25student under this section shall count toward the graduation
26requirements and subject area requirements of the school
27district of residence, the Iowa school for the deaf, the Iowa
28braille and sight saving school, or accredited nonpublic school
29of the eligible student. Evidence of successful completion
30of each course and high school credits and college credits
31received shall be included in the student’s high school
32transcript.
336. Definition. For purposes of this section and section
34261E.7, unless the context otherwise requires, “eligible
35student” means a student classified by the board of directors
-1397-1of a school district, by the state board of regents department
2of education for pupils of the Iowa school for the deaf and the
3Iowa braille and sight saving school, or by the authorities
4in charge of an accredited nonpublic school as a ninth or
5tenth grade student who is identified according to the school
6district’s gifted and talented criteria and procedures,
7pursuant to section 257.43, as a gifted and talented child,
8or an eleventh or twelfth grade student, during the period
9the student is participating in the postsecondary enrollment
10options program.
11 Sec. 2519. Section 261E.7, subsection 1, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13Not later than June 30 of each year, a school district
14shall pay a tuition reimbursement amount to a postsecondary
15institution that has enrolled its resident eligible
16students under this chapter, unless the eligible student is
17participating in open enrollment under section 282.18, in which
18case, the tuition reimbursement amount shall be paid by the
19receiving district. However, if a child’s residency changes
20during a school year, the tuition shall be paid by the district
21in which the child was enrolled as of the date specified in
22section 257.6, subsection 1, or the district in which the child
23was counted under section 257.6, subsection 1, paragraph “a”,
24subparagraph (6). For students enrolled at the Iowa school
25for the deaf and the Iowa braille and sight saving school,
26the state board of regents department of education shall pay
27a tuition reimbursement amount by June 30 of each year. The
28amount of tuition reimbursement for each separate course shall
29equal the lesser of:
30 Sec. 2520. Section 262.7, subsections 4 and 5, Code 2023,
31are amended by striking the subsections.
32 Sec. 2521. Section 262.9, subsection 2, Code 2023, is
33amended to read as follows:
342. Elect a president of each of the institutions of higher
35learning; a superintendent of each of the other institutions;
-1398-1 a treasurer and a secretarial officer for each institution
2annually; professors, instructors, officers, and employees;
3and fix their compensation. Sections 279.12 through 279.19
4 and section 279.27 apply to employees of the Iowa braille and
5sight saving school and the Iowa school for the deaf, who are
6licensed pursuant to chapter 272. In following those sections
7in chapter 279, the references to boards of directors of
8school districts shall be interpreted to apply to the board of
9regents.
10 Sec. 2522. Section 262.9, subsection 21, Code 2023, is
11amended by striking the subsection.
12 Sec. 2523. Section 262.43, Code 2023, is amended to read as
13follows:
14262.43 Students residing on state-owned land.
15The state board of regents shall pay to the local school
16boards the tuition payments and transportation costs, as
17otherwise authorized by statutes for the elementary or high
18school education of students residing on land owned by the
19state and under the control of the state board of regents.
20Such payments for the three institutions of higher learning,
21the state university of Iowa, the Iowa state university of
22science and technology, and the university of northern Iowa,
23shall be made from the funds of the respective institutions
24other than state appropriations, and for the two noncollegiate
25institutions, the Iowa braille and sight saving school and the
26Iowa school for the deaf, the payments and costs shall be paid
27from moneys appropriated to the state board of regents.
28 Sec. 2524. Section 263.21, Code 2023, is amended to read as
29follows:
30263.21 Transfer of patients from state institutions.
31The director of the department of human services, in respect
32to institutions under the director’s control, the administrator
33of any of the divisions of the department, in respect to
34the institutions under the administrator’s control, and the
35director of the department of corrections, in respect to the
-1399-1institutions under the department’s control, and the state
2board of regents, in respect to the Iowa braille and sight
3saving school and the Iowa school for the deaf, may send any
4inmate, student, or patient of an institution, or any person
5committed or applying for admission to an institution, to the
6university of Iowa hospitals and clinics for treatment and
7care. The department of human services, and the department of
8corrections, and the state board of regents shall respectively
9pay the traveling expenses of such patient, and when necessary
10the traveling expenses of an attendant for the patient, out of
11funds appropriated for the use of the institution from which
12the patient is sent.
13 Sec. 2525. Section 269.1, Code 2023, is amended to read as
14follows:
15269.1 Admission — Iowa braille and sight saving school.
16Any resident of the state under twenty-one years of age who
17has a visual disability too severe to acquire a satisfactory
18education in a regular educational environment shall be
19entitled to an education in the Iowa braille and sight saving
20school at the expense of the state. Nonresidents also may
21be admitted to the Iowa braille and sight saving school if
22their presence would not be prejudicial to the interests of
23residents, upon such terms as may be fixed by the state board
24of regents department.
25 Sec. 2526. Section 270.3, Code 2023, is amended to read as
26follows:
27270.3 Admission — Iowa school for the deaf.
28Any resident of the state less than twenty-one years of
29age who has a hearing loss which is too severe to acquire an
30education in the public schools is eligible to attend the Iowa
31school for the deaf. Nonresidents similarly situated may be
32admitted to an education therein the Iowa school for the deaf
33 upon such terms as may be fixed by the state board of regents
34 department. The fee for nonresidents shall be set by the state
35board of regents department.
-1400-1 Sec. 2527. Section 270.4, Code 2023, is amended to read as
2follows:
3270.4 Clothing and prescriptions.
4The superintendent of the Iowa school for the deaf shall
5provide students, who would otherwise be without, with clothing
6or prescription refills, and shall bill the student’s parent
7or guardian, if the student is a minor, or the student if the
8student has attained the age of majority, for any clothing or
9prescription refills provided. The bill shall be presumptive
10evidence in all courts.
11 Sec. 2528. Section 270.8, Code 2023, is amended to read as
12follows:
13270.8 Residence during vacation.
14The residence of indigent or homeless children may, by order
15of the state board of regents department, be continued during
16vacation months.
17 Sec. 2529. Section 270.9, Code 2023, is amended to read as
18follows:
19270.9 Iowa school for the deaf and the Iowa braille and sight
20saving school — transportation reimbursement.
21Funds appropriated to the Iowa school for the deaf and
22the Iowa braille and sight saving school for payments to the
23parents or guardians of pupils in either institution shall be
24expended as follows:
251. Transportation reimbursement at a rate established
26annually by the state board of regents department to the
27parents or guardians of children who do not reside in the
28institution, but are transported to the institution on a daily
29basis.
302. Transportation reimbursement at a rate established
31annually by the state board of regents department to the
32parents or guardians for transportation from the institution
33to the residence of the parent or guardian and return to the
34institution for children who reside in the institution.
35 Sec. 2530. Section 331.381, subsection 9, Code 2023, is
-1401-1amended to read as follows:
29. Comply with chapters 269 and 270 chapter 256, subchapter
3V, in regard to the payment of costs for pupils at the Iowa
4braille and sight saving school and the Iowa school for the
5deaf.
6 Sec. 2531. REPEAL. Section 270.10, Code 2023, is repealed.
7 Sec. 2532. CODE EDITOR DIRECTIVE.
81. The Code editor is directed to make the following
9transfers:
10a. Section 256B.10 to section 256.106.
11b. Section 269.1 to section 256.96.
12c. Section 269.2 to section 256.97.
13d. Section 270.1 to section 256.99.
14e. Section 270.3 to section 256.98.
15f. Section 270.4 to section 256.100.
16g. Section 270.8 to section 256.101.
17h. Section 270.9 to section 256.102.
182. The Code editor shall correct internal references in the
19Code and in any enacted legislation as necessary due to the
20enactment of this section.
213. The Code editor may designate sections 256.95 through
22256.107, as amended or enacted in this division of this Act, as
23new subchapter V within chapter 256, entitled “Iowa braille and
24sight saving school and Iowa school for the deaf”.
25 Sec. 2533. TRANSITION PROVISIONS.
261. The property and records in the custody of the state
27board of regents relating to the Iowa braille and sight saving
28school, the Iowa school for the deaf, the hall of fame for
29distinguished graduates at the Iowa braille and sight saving
30school, and the hall of fame for distinguished graduates at the
31Iowa school for the deaf shall be transferred to the department
32of education.
332. All employees of the Iowa braille and sight saving school
34established pursuant to chapter 269 and the Iowa school for the
35deaf established pursuant to chapter 270 shall be considered
-1402-1employees of the department of education on the effective date
2of this division of this Act without incurring any loss in
3salary, benefits, or accrued years of service.
4INNOVATION DIVISION
5 Sec. 2534. Section 268.7, Code 2023, is amended to read as
6follows:
7268.7 Science, Innovation division — science, technology,
8engineering, and mathematics collaborative initiative.
91. The innovation division of the department of education
10is created. The chief administrative officer of the division
11is the administrator who shall be a highly qualified science,
12technology, engineering, and mathematics advocate and shall be
13appointed by the director.
142. The administrator shall do all of the following:
15a. Direct and organize the activities of the division,
16including the science, technology, engineering, and mathematics
17collaborative initiative created in subsection 3.
18b. Control all property of the division.
19c. Perform other duties imposed by law.
201. 3. A science, technology, engineering, and mathematics
21collaborative initiative is established at the university of
22northern Iowa within the innovation division for purposes
23of supporting activities directly related to recruitment of
24prekindergarten through grade twelve mathematics and science
25teachers for ongoing mathematics and science programming for
26students enrolled in prekindergarten through grade twelve.
272. 4. The collaborative initiative shall prioritize
28student interest in achievement in science, technology,
29engineering, and mathematics; reach every student and teacher
30in every school district in the state; identify, recruit,
31prepare, and support the best mathematics and science teachers;
32and sustain exemplary programs through the university’s Iowa
33mathematics and science education partnership. The university
34 innovation division shall collaborate with the community
35colleges to develop science, technology, engineering, and
-1403-1mathematics professional development programs for community
2college instructors and for purposes of science, technology,
3engineering, and mathematics curricula development.
43. 5. Subject to an appropriation of funds moneys by the
5general assembly, the initiative innovation division shall
6administer the following:
7a. Regional science, technology, engineering, and
8mathematics networks for Iowa, the purpose of which is to
9equalize science, technology, engineering, and mathematics
10education enrichment opportunities available to learners
11statewide. The initiative innovation division shall establish
12six geographically similar regional science, technology,
13engineering, and mathematics networks across Iowa that
14complement and leverage existing resources, including but
15not limited to extension service assets, area education
16agencies, state accredited postsecondary institutions,
17informal educational centers, school districts, economic
18development zones, and existing public and private science,
19technology, engineering, and mathematics partnerships. Each
20network shall be managed by a highly qualified science,
21technology, engineering, and mathematics advocate positioned
22at a network hub to be determined through a competitive
23application process. Oversight for each regional network
24shall be provided by a regional advisory board. Members of
25the board shall be appointed by the governor. The membership
26shall represent prekindergarten through grade twelve school
27districts and schools, and higher education, business,
28nonprofit organizations, youth agencies, and other appropriate
29stakeholders.
30b. A focused array of the best science, technology,
31engineering, and mathematics enrichment opportunities, selected
32through a competitive application process, that can be expanded
33to meet future needs. A limited, focused list of selected
34exemplary programs shall be made available to each regional
35network.
-1404- 1c. Statewide science, technology, engineering, and
2mathematics programming designed to increase participation of
3students and teachers in successful learning experiences; to
4increase the number of science, technology, engineering, and
5mathematics-related teaching majors offered by the state’s
6universities; to elevate public awareness of the opportunities;
7and to increase collaboration and partnerships.
84. 6. The initiative innovation division shall evaluate the
9effectiveness of programming to document best practices.
107. The state board shall adopt rules pursuant to chapter 17A
11to administer this section.
12 Sec. 2535. CODE EDITOR DIRECTIVE.
131. The Code editor is directed to make the following
14transfer:
15Section 268.7 to section 256.111.
162. The Code editor shall correct internal references in the
17Code and in any enacted legislation as necessary due to the
18enactment of this section.
193. The Code editor may designate section 256.111, as enacted
20in this division of this Act, as new subchapter VI within
21chapter 256, entitled “Innovation Division”.
22 Sec. 2536. TRANSITION PROVISIONS.
231. The property and records in the custody of the state
24board of regents or the university of northern Iowa relating
25to the science, technology, engineering, and mathematics
26collaborative initiative shall be transferred to the department
27of education on or before the effective date of this division
28of this Act.
292. All employees of the university of northern Iowa whose
30primary workplace is located at the university of northern Iowa
31under the science, technology, engineering, and mathematics
32collaborative initiative established pursuant to section 268.7
33shall be considered employees of the innovation division of the
34department of education on the effective date of this division
35of this Act without incurring any loss in salary, benefits, or
-1405-1accrued years of service.
23. The state board of regents and the university of
3northern Iowa shall assist the department of education in
4implementing this division of this Act by providing for an
5effective transition of powers and duties from one entity
6to another under section 268.7, chapters 256 and 262, and
7related administrative rules. To the extent requested by
8the department of education, such assistance shall include
9assisting in cooperating with federal agencies such as the
10United States department of education.
114. Any contract issued or entered into by the state board
12of regents or the university of northern Iowa relating to the
13provisions of section 268.7, in effect on the effective date
14of this division of this Act, shall continue in full force and
15effect pending transfer of such contract to the innovation
16division of the department of education.
175. Federal funds utilized by the state board of regents or
18the university of northern Iowa prior to the effective date of
19this division of this Act to employ personnel necessary for
20the administration of the science, technology, engineering,
21and mathematics collaborative initiative established pursuant
22to section 268.7 shall be applied to and be available for the
23transfer of such personnel from the state board of regents or
24the university of northern Iowa to the innovation division of
25the department of education.
26HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES
27 Sec. 2537. Section 256.1, subsection 1, Code 2023, is
28amended by adding the following new paragraphs:
29 NEW PARAGRAPH. g. The Iowa braille and sight saving school.
30 NEW PARAGRAPH. h. The Iowa school for the deaf.
31 NEW PARAGRAPH. i. The science, technology, engineering,
32and mathematics collaborative initiative within the innovation
33division of the department.
34 NEW PARAGRAPH. j. The college student aid commission within
35the higher education division of the department.
-1406-1 NEW PARAGRAPH. k. The board of educational examiners within
2the higher education division of the department.
3 NEW PARAGRAPH. l. Career and technical education programs
4offered by school districts or community colleges.
5 Sec. 2538. Section 256.7, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7Except for the college student aid commission, higher
8education division; the bureaus, boards, and commissions within
9the higher education division; the commission of libraries and
10division of library services,; and the public broadcasting
11board and division, the state board shall:
12 Sec. 2539. Section 256.9, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14Except for the college student aid commission, higher
15education division; the bureaus, boards, and commissions within
16the higher education division; the commission of libraries and
17division of library services,; and the public broadcasting
18board and division, the director shall:
19 Sec. 2540. NEW SECTION. 256.121 Higher education division
20created.
211. The higher education division of the department of
22education is created. The chief administrative officer of the
23division is the administrator who shall be appointed by the
24director.
252. The administrator shall do all of the following:
26a. Administer and coordinate all of the following bureaus,
27boards, and commissions within the higher education division:
28(1) The career and technical education bureau under part 2.
29(2) The board of educational examiners under part 3.
30(3) The college student aid commission under part 4.
31(4) The community colleges bureau under chapter 260C.
32b. Direct and organize the activities of the division.
33c. Control all property of the division.
34d. Hire and control the personnel employed by the division,
35including personnel under the control of the board of
-1407-1educational examiners or the college student aid commission.
2e. Perform other duties imposed by law.
3 Sec. 2541. CODE EDITOR DIRECTIVE. The Code editor may
4designate section 256.121 as new subchapter VII within chapter
5256, entitled “Higher Education Division”, and new part 1
6within new subchapter VII entitled “General Provisions”.
7CAREER AND TECHNICAL EDUCATION BUREAU
8 Sec. 2542. Section 256.7, subsection 2, Code 2023, is
9amended to read as follows:
102. Constitute the state board for career and technical
11education under chapter 258 subchapter VII, part 2.
12 Sec. 2543. Section 256.11, subsection 5, paragraph h,
13subparagraph (2), Code 2023, is amended to read as follows:
14(2) Instructional programs provided under subparagraph (1)
15shall comply with the provisions of chapter 258 subchapter VII,
16part 2, relating to career and technical education, and shall
17be articulated with postsecondary programs of study and include
18field, laboratory, or on-the-job training. Each sequential
19unit shall contain a portion of a career and technical
20education program approved by the department. Standards for
21instructional programs shall include but not be limited to new
22and emerging technologies; job-seeking, job-adaptability, and
23other employment, self-employment and entrepreneurial skills
24that reflect current industry standards and labor-market needs;
25and reinforcement of basic academic skills.
26 Sec. 2544. Section 257.51, subsection 3, Code 2023, is
27amended to read as follows:
283. The department of education shall adopt rules to
29establish and administer a career academy grant program
30to provide for the allocation of money in the fund in
31the form of competitive grants, not to exceed one million
32dollars per grant, to school corporations for career academy
33infrastructure, career academy equipment, or both, in
34accordance with the goals of this section and to further the
35goals of the establishment and operation of career academies
-1408-1under section 258.15. The rules adopted by the department
2of education shall specify the eligibility of applicants
3and eligible items for grant funding. Priority for grants
4shall first be given to applications to establish new career
5academies that are organized as regional centers pursuant to
6chapter 258 256, subchapter VII, part 2. Subsequent priority
7shall be given to applications for expanding existing career
8academies.
9 Sec. 2545. Section 258.3, Code 2023, is amended to read as
10follows:
11258.3 Personnel Career and technical education bureau —
12personnel.
13The director of the department of education shall appoint
14the bureau chief of the career and technical education bureau,
15 and the bureau chief shall direct the work of personnel as
16necessary to carry out this chapter part.
17 Sec. 2546. Section 258.3A, subsection 3, Code 2023, is
18amended to read as follows:
193. Adopt rules prescribing standards for approval of school
20district career and technical education programs; and community
21colleges with career and technical education programs; and
22practitioner preparation schools, departments, and classes,
23applying for federal and state moneys under this chapter part.
24 Sec. 2547. Section 258.4, Code 2023, is amended to read as
25follows:
26258.4 Duties of director bureau chief.
27The director bureau chief of the department of education
28 career and technical education bureau shall do all of the
29following:
301. Develop and submit to the state board for approval the
31multiyear state plan developed in accordance with federal laws
32and regulations governing career and technical education.
332. Provide for making studies and investigations relating
34to career and technical education.
353. Promote and aid in the establishment of career and
-1409-1technical education programs in local communities, school
2districts, and community colleges.
34. Cooperate with local communities, school districts, and
4community colleges in the maintenance of career and technical
5education programs.
65. Make recommendations to the board of educational
7examiners relating to the enforcement of rules prescribing
8standards for teachers of career and technical education
9service areas.
106. Cooperate in the maintenance of practitioner preparation
11schools, departments, and classes, supported and controlled by
12the public, for the training of career and technical education
13teachers and supervisors.
147. Review and approve career and technical education
15programs to ensure that the programs meet standards adopted
16by the state board pursuant to section 258.3A. The director
17 bureau chief shall annually review at least twenty percent
18of the approved career and technical programs as a basis
19for continuing approval to ensure that the programs meet
20board standards and are compatible with educational reform
21efforts, are capable of responding to technological change and
22innovation, and meet the educational needs of students and the
23employment community. The review shall include an assessment
24of the extent to which the competencies in the program
25are being mastered by the students enrolled, the costs are
26proportionate to educational benefits received, the career and
27technical education curriculum is articulated and integrated
28with other curricular offerings required of all students,
29the programs would permit students with career and technical
30education backgrounds to pursue other educational interests in
31a postsecondary institutional setting, and the programs remove
32barriers for both traditional and nontraditional students to
33access educational and employment opportunities.
348. Facilitate the process established by the state board
35for the implementation of a statewide system of regional career
-1410-1and technical education planning partnerships that utilize
2the services of local school districts, community colleges,
3sector partnerships, and other resources to assist local school
4districts in meeting career and technical education standards
5while avoiding unnecessary duplication of services. The
6director bureau chief shall also review and approve regional
7planning partnerships and regional centers to ensure that the
8partnerships and centers meet the standards adopted by the
9state board pursuant to section 258.3A, subsection 5.
109. Enforce rules adopted by the state board pursuant to
11section 258.3A.
1210. Notwithstanding the accreditation process contained
13in section 256.11, permit school districts that provide a
14program which does not meet the standards for accreditation
15for career and technical education to cooperate with the
16regional career and technical education planning partnership
17and contract for an approved program under this chapter part
18 without losing accreditation. A school district that fails
19to cooperate with the regional career and technical education
20planning partnership and contract for an approved program
21shall, however, be subject to section 256.11.
2211. Prescribe standards and procedures for the approval of
23career academies as defined in section 258.6.
24 Sec. 2548. Section 258.5, subsection 3, Code 2023, is
25amended to read as follows:
263. The director bureau chief may use federal funds
27to reimburse approved practitioner preparation schools,
28departments, or classes for the training of teachers of
29agriculture, food, and natural resources; arts, communications,
30and information systems; applied sciences, technology,
31engineering, and manufacturing; health sciences; human
32services; and business, finance, marketing, and management.
33The director bureau chief may also use such funds to reimburse
34approved practitioner preparation schools, departments, or
35classes for the training of guidance counselors.
-1411-1 Sec. 2549. Section 258.6, Code 2023, is amended to read as
2follows:
3258.6 Definitions.
4As used in this chapter part:
51. “Approved career and technical education program” means
6a career and technical education program offered by a school
7district or community college and approved by the department
8 bureau which meets the standards for career and technical
9education programs adopted by the state board under this
10chapter part.
112. “Approved practitioner preparation school, department,
12or class” means a school, department, or class approved by the
13state board as entitled under this chapter part to federal
14moneys for the training of teachers of career and technical
15education subjects.
163. “Approved regional career and technical education
17planning partnership” means a regional entity that meets the
18standards for regional career and technical education planning
19partnerships adopted by the state board pursuant to section
20258.3A and section 258.14.
214. “Career academy” means a career academy established under
22section 258.15.
235. “Career and technical education service area” means
24any one of the service areas specified in section 256.11,
25subsection 5, paragraph “h”.
266. “Department” means the department of education.
277. “Director” means the director of the department of
28education.
298. 6. “Sector partnership” means a regional industry sector
30partnership established pursuant to section 260H.7B.
319. 7. “State board” means the state board for career and
32technical education as provided in section 258.2.
3310. 8. “Work-based learning” means opportunities and
34experiences that include but are not limited to tours, job
35shadowing, rotations, mentoring, entrepreneurship, service
-1412-1learning, internships, and apprenticeships.
211. 9. “Work-based learning intermediary network” means the
3statewide work-based learning intermediary network established
4pursuant to section 256.40.
5 Sec. 2550. Section 258.9, subsections 1 and 2, Code 2023,
6are amended to read as follows:
71. The board of directors of a school district or community
8college that maintains a career and technical education
9program receiving federal or state funds under this chapter
10 part shall, as a condition of approval by the state board,
11appoint a local advisory council for each career and technical
12education program offered by the school district or community
13college. However, a school district and a community college
14that maintain a career and technical education program
15receiving federal or state funds may create a joint local
16advisory council. The membership of each local advisory
17council shall consist of public members with expertise in
18the occupation or occupational field related to the career
19and technical education program. The local advisory council
20shall give advice and assistance to the board of directors,
21administrators, and instructors in the establishment and
22maintenance of the career and technical education program.
232. Notwithstanding subsection 1, a regional advisory
24council established by a regional career and technical
25education planning partnership approved by the department
26 bureau pursuant to section 258.4 may serve in place of a local
27advisory council.
28 Sec. 2551. Section 258.11, Code 2023, is amended to read as
29follows:
30258.11 Salary and expenses for administration.
31The director bureau chief may make expenditures for salaries
32and other expenses as necessary to the proper administration of
33this chapter part.
34 Sec. 2552. Section 258.14, subsection 3, paragraph d, Code
352023, is amended to read as follows:
-1413- 1d. Reviewing career and technical education programs of
2school districts within the region based on standards adopted
3by the state board, and recommending to the department bureau
4 career and technical education programs for approval.
5 Sec. 2553. Section 258.15, subsection 1, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7A career academy may be established under an agreement
8between a single school district and a community college, or
9by multiple school districts and a community college organized
10into a regional career and technical education planning
11partnership pursuant to section 258.14. A career academy
12established under this section shall be a career-oriented or
13occupation-oriented program of study that includes a minimum
14of two years of secondary education, which may fulfill the
15sequential unit requirement in one of the four service areas
16required under section 256.11, subsection 5, paragraph “h”,
17is articulated with a postsecondary education program, and is
18approved by the director bureau chief under section 258.4. A
19career academy shall do all of the following:
20 Sec. 2554. Section 260C.14, subsection 1, Code 2023, is
21amended to read as follows:
221. Determine the curriculum to be offered in such school or
23college subject to approval of the director and ensure that all
24career and technical education offerings are competency-based,
25provide any minimum competencies required by the department
26of education, comply with any applicable requirements in
27chapter 258 256, subchapter VII, part 2, and are articulated
28with local school district career and technical education
29programs. If an existing private educational institution or an
30existing vocational institution offering a career and technical
31education program within the merged area has facilities and
32curriculum of adequate size and quality which would duplicate
33the functions of the area school, the board of directors shall
34discuss with the institution the possibility of entering into
35contracts to have the existing institution offer facilities
-1414-1and curriculum to students of the merged area. The board of
2directors shall consider any proposals submitted by the private
3institution for providing such facilities and curriculum. The
4board of directors may enter into such contracts. In approving
5curriculum, the director shall ascertain that all courses
6and programs submitted for approval are needed and that the
7curriculum being offered by an area school does not duplicate
8programs provided by existing public or private facilities in
9the area. In determining whether duplication would actually
10exist, the director shall consider the needs of the area
11and consider whether the proposed programs are competitive
12as to size, quality, tuition, purposes, and area coverage
13with existing public and private educational or vocational
14institutions within the merged area. If the board of directors
15of the merged area chooses not to enter into contracts with
16private institutions under this subsection, the board shall
17submit a list of reasons why contracts to avoid duplication
18were not entered into and an economic impact statement relating
19to the board’s decision.
20 Sec. 2555. Section 598.21B, subsection 2, paragraph e,
21subparagraph (1), subparagraph division (c), Code 2023, is
22amended to read as follows:
23(c) The parent is attending a career and technical education
24program approved pursuant to chapter 258 256, subchapter VII,
25part 2.
26 Sec. 2556. EMERGENCY RULES. The state board of education
27may adopt emergency rules under section 17A.4, subsection 3,
28and section 17A.5, subsection 2, paragraph “b”, to implement
29the provisions of this division of this Act pertaining to the
30career and technical education bureau and the rules shall
31be effective immediately upon filing unless a later date is
32specified in the rules. Any rules adopted in accordance with
33this section shall also be published as a notice of intended
34action as provided in section 17A.4.
35 Sec. 2557. CODE EDITOR DIRECTIVE.
-1415- 11. The Code editor is directed to make the following
2transfers:
3a. Section 258.1 to section 256.126.
4b. Section 258.2 to section 256.127.
5c. Section 258.3 to section 256.128.
6d. Section 258.3A to section 256.129.
7e. Section 258.4 to section 256.130.
8f. Section 258.5 to section 256.131.
9g. Section 258.6 to section 256.125.
10h. Section 258.9 to section 256.132.
11i. Section 258.10 to section 256.133.
12j. Section 258.11 to section 256.134.
13k. Section 258.12 to section 256.135.
14l. Section 258.14 to section 256.136.
15m. Section 258.15 to section 256.137.
162. The Code editor shall correct internal references in the
17Code and in any enacted legislation as necessary due to the
18enactment of this section.
193. The Code editor may designate sections 256.125 through
20256.137, as amended or enacted in this division of this Act,
21as new part 2 entitled “Career and Technical Education Bureau”
22within the subchapter entitled “Higher Education Division” as
23enacted by another division of this Act.
24 Sec. 2558. TRANSITION PROVISIONS.
251. Any contract issued or entered into by the state board
26of education or the department of education relating to the
27provisions of chapter 258, in effect on the effective date
28of this division of this Act, shall continue in full force
29and effect pending transfer of such contract to the higher
30education division of the department of education.
312. All employees of the department of education who work
32under the career and technical education program established
33pursuant to chapter 258 shall be considered employees of the
34career and technical education bureau of the higher education
35division of the department of education on the effective date
-1416-1of this division of this Act without incurring any loss in
2salary, benefits, or accrued years of service.
3BOARD OF EDUCATIONAL EXAMINERS
4 Sec. 2559. Section 20.17, subsection 10, paragraph a, Code
52023, is amended to read as follows:
6a. In the absence of an impasse agreement negotiated
7pursuant to section 20.19 which provides for a different
8completion date, public employees represented by a certified
9employee organization who are teachers licensed under chapter
10272 256, subchapter VII, part 3, and who are employed by a
11public employer which is a school district or area education
12agency shall complete the negotiation of a proposed collective
13bargaining agreement not later than May 31 of the year
14when the agreement is to become effective. The board shall
15provide, by rule, a date on which impasse items in such cases
16must be submitted to binding arbitration and for such other
17procedures as deemed necessary to provide for the completion
18of negotiations of proposed collective bargaining agreements
19not later than May 31. The date selected for the mandatory
20submission of impasse items to binding arbitration in such
21cases shall be sufficiently in advance of May 31 to ensure that
22the arbitrator’s award can be reasonably made by May 31.
23 Sec. 2560. Section 20.19, subsection 1, Code 2023, is
24amended to read as follows:
251. As the first step in the performance of their duty to
26bargain, the public employer and the employee organization
27shall endeavor to agree upon impasse procedures. Such
28agreement shall provide for implementation of these impasse
29procedures not later than one hundred twenty days prior to
30the certified budget submission date of the public employer.
31However, if public employees represented by the employee
32organization are teachers licensed under chapter 272 256,
33subchapter VII, part 3, and the public employer is a school
34district or area education agency, the agreement shall provide
35for implementation of impasse procedures not later than one
-1417-1hundred twenty days prior to May 31 of the year when the
2collective bargaining agreement is to become effective. If the
3public employer is a community college, the agreement shall
4provide for implementation of impasse procedures not later than
5one hundred twenty days prior to May 31 of the year when the
6collective bargaining agreement is to become effective. If
7the public employer is not subject to the budget certification
8requirements of section 24.17 and other applicable sections,
9the agreement shall provide for implementation of impasse
10procedures not later than one hundred twenty days prior
11to the date the next fiscal or budget year of the public
12employer commences. If the parties fail to agree upon impasse
13procedures under the provisions of this section, the impasse
14procedures provided in sections 20.20 and 20.22 shall apply.
15 Sec. 2561. Section 20.20, Code 2023, is amended to read as
16follows:
1720.20 Mediation.
18In the absence of an impasse agreement negotiated pursuant
19to section 20.19 or the failure of either party to utilize its
20procedures, one hundred twenty days prior to the certified
21budget submission date, or one hundred twenty days prior to
22May 31 of the year when the collective bargaining agreement
23is to become effective if public employees represented by the
24employee organization are teachers licensed under chapter
25272 256, subchapter VII, part 3, and the public employer is
26a school district or area education agency, the board shall,
27upon the request of either party, appoint an impartial and
28disinterested person to act as mediator. If the public
29employer is a community college, and in the absence of an
30impasse agreement negotiated pursuant to section 20.19 or
31the failure of either party to utilize its procedures, one
32hundred twenty days prior to May 31 of the year when the
33collective bargaining agreement is to become effective, the
34board, upon the request of either party, shall appoint an
35impartial and disinterested person to act as mediator. If the
-1418-1public employer is not subject to the budget certification
2requirements of section 24.17 or other applicable sections and
3in the absence of an impasse agreement negotiated pursuant
4to section 20.19, or the failure of either party to utilize
5its procedures, one hundred twenty days prior to the date the
6next fiscal or budget year of the public employer commences,
7the board, upon the request of either party, shall appoint an
8impartial and disinterested person to act as a mediator. It
9shall be the function of the mediator to bring the parties
10together to effectuate a settlement of the dispute, but the
11mediator may not compel the parties to agree.
12 Sec. 2562. Section 235A.15, subsection 2, paragraph e,
13subparagraph (9), Code 2023, is amended to read as follows:
14(9) To the board of educational examiners created under
15chapter 272 256 for purposes of determining whether a license,
16certificate, or authorization should be issued, denied, or
17revoked.
18 Sec. 2563. Section 235B.6, subsection 2, paragraph e,
19subparagraph (13), Code 2023, is amended to read as follows:
20(13) To the board of educational examiners created under
21chapter 272 256 for purposes of determining whether a license,
22certificate, or authorization should be issued, denied, or
23revoked.
24 Sec. 2564. Section 256.7, subsection 26, paragraph a,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) The rules shall allow a school district or accredited
27nonpublic school to award high school credit to an enrolled
28student upon the demonstration of required competencies for
29a course or content area, as approved by a teacher licensed
30under chapter 272 subchapter VII, part 3. The school district
31or accredited nonpublic school shall determine the assessment
32methods by which a student demonstrates sufficient evidence of
33the required competencies.
34 Sec. 2565. Section 256.7, subsection 32, paragraph c, Code
352023, is amended to read as follows:
-1419- 1c. Rules adopted pursuant to this subsection shall require
2that online learning coursework offered by school districts,
3accredited nonpublic schools, and area education agencies be
4rigorous, high-quality, aligned with the Iowa core and core
5content requirements and standards and the national standards
6of quality for online courses issued by an internationally
7recognized association for kindergarten through grade twelve
8online learning, and taught by a teacher licensed under chapter
9272 subchapter VII, part 3, who has specialized training or
10experience in online learning, including but not limited to an
11online-learning-for-Iowa-educators-professional-development
12project offered by area education agencies, a teacher
13preservice program, or comparable coursework.
14 Sec. 2566. Section 256.9, subsection 55, Code 2023, is
15amended to read as follows:
1655. Develop and maintain a list of approved online
17providers that provide course content through an online
18learning platform taught by a teacher licensed under chapter
19272 subchapter VII, part 3, who has specialized training or
20experience in online learning including but not limited to an
21online-learning-for-Iowa-educators-professional-development
22project offered by area education agencies, a teacher
23preservice program, or comparable coursework, and whose online
24learning coursework meets the requirements established by
25rule pursuant to section 256.7, subsection 32, paragraph “c”.
26Providers shall apply for approval annually or as determined
27by the department.
28 Sec. 2567. Section 256.11, subsections 9, 9A, and 9B, Code
292023, are amended to read as follows:
309. Beginning July 1, 2006, each school district shall have a
31qualified teacher librarian who shall be licensed by the board
32of educational examiners under chapter 272 subchapter VII,
33part 3. The state board shall establish in rule a definition
34of and standards for an articulated sequential kindergarten
35through grade twelve media program. A school district that
-1420-1entered into a contract with an individual for employment as a
2media specialist or librarian prior to June 1, 2006, shall be
3considered to be in compliance with this subsection until June
430, 2011, if the individual is making annual progress toward
5meeting the requirements for a teacher librarian endorsement
6issued by the board of educational examiners under chapter
7272 subchapter VII, part 3. A school district that entered
8into a contract with an individual for employment as a media
9specialist or librarian who holds at least a master’s degree in
10library and information studies shall be considered to be in
11compliance with this subsection until the individual leaves the
12employ of the school district.
139A. Beginning July 1, 2007, each school district shall have
14a qualified guidance counselor who shall be licensed by the
15board of educational examiners under chapter 272 subchapter
16VII, part 3. Each school district shall work toward the
17goal of having one qualified guidance counselor for every
18three hundred fifty students enrolled in the school district.
19The state board shall establish in rule a definition of and
20standards for an articulated sequential kindergarten through
21grade twelve guidance and counseling program.
229B. Beginning July 1, 2007, each school district shall have
23a school nurse to provide health services to its students.
24Each school district shall work toward the goal of having one
25school nurse for every seven hundred fifty students enrolled in
26the school district. For purposes of this subsection, “school
27nurse” means a person who holds an endorsement or a statement of
28professional recognition for school nurses issued by the board
29of educational examiners under chapter 272 subchapter VII, part
303.
31 Sec. 2568. Section 256.11, subsection 17, paragraph a,
32subparagraph (1), subparagraph division (a), Code 2023, is
33amended to read as follows:
34(a) The school district or accredited nonpublic school
35makes every reasonable and good faith effort to employ a
-1421-1teacher licensed under chapter 272 subchapter VII, part 3, for
2the specified subject and is unable to employ such a teacher.
3 Sec. 2569. Section 256.11, subsection 17, paragraph c,
4subparagraphs (1) and (3), Code 2023, are amended to read as
5follows:
6(1) An online learning platform if the course is developed
7by the school district or accredited nonpublic school itself
8or is developed by a partnership or consortium of schools
9that have developed the course individually or cooperatively,
10provided the course is taught and supervised by a teacher
11licensed under chapter 272 subchapter VII, part 3, who has
12online learning experience and the course content meets the
13requirements established by rule pursuant to section 256.7,
14subsection 32, paragraph “c”. A partnership or consortium of
15schools may include two or more school districts or accredited
16nonpublic schools, or any combination thereof.
17(3) An online learning platform offered, subject to the
18initial availability of federal funds, by the department in
19collaboration with one or more area education agencies or in
20partnership with school districts and accredited nonpublic
21schools. The online learning platform may deliver distance
22education to students, including students receiving competent
23private instruction under chapter 299A, provided such students
24register with the school district of residence and the
25coursework offered by the online learning platform is taught
26and supervised by a teacher licensed under chapter 272
27subchapter VII, part 3, who has online learning experience and
28the course content meets the requirements established by rule
29pursuant to section 256.7, subsection 32, paragraph “c”. The
30department and the area education agencies operating online
31learning programs pursuant to section 273.16 shall coordinate
32to ensure the most effective use of resources and delivery
33of services. Federal funds, if available, may be used to
34offset what would otherwise be costs to school districts for
35participation in the program.
-1422-1 Sec. 2570. Section 256.16, subsection 2, Code 2023, is
2amended to read as follows:
32. A person initially applying for a license shall
4successfully complete a practitioner preparation program
5approved under section 256.7, subsection 3, and containing the
6subject matter specified in this section, before the initial
7action by the board of educational examiners under chapter 272
8subchapter VII, part 3, takes place.
9 Sec. 2571. Section 256.41, subsection 2, Code 2023, is
10amended to read as follows:
112. Online learning curricula shall be provided and
12supervised by a teacher licensed under chapter 272 subchapter
13VII, part 3.
14 Sec. 2572. Section 256.43, subsection 1, paragraph d, Code
152023, is amended to read as follows:
16d. High-quality online instruction taught by teachers
17licensed under chapter 272 subchapter VII, part 3.
18 Sec. 2573. Section 256.43, subsection 2, paragraph a, Code
192023, is amended to read as follows:
20a. At the discretion of the school board or authorities in
21charge of an accredited nonpublic school, after consideration
22of circumstances created by necessity, convenience, and
23cost-effectiveness, courses developed by private providers may
24be utilized by the school district or school in implementing a
25high-quality online learning program. Courses obtained from
26private providers shall be taught by teachers licensed under
27chapter 272 subchapter VII, part 3.
28 Sec. 2574. Section 256.43, subsection 3, Code 2023, is
29amended to read as follows:
303. Grading. Grades in online courses shall be based,
31at a minimum, on whether a student mastered the subject,
32demonstrated competency, and met the standards established
33by the school district. Grades shall be conferred only by
34teachers licensed under chapter 272 subchapter VII, part 3.
35 Sec. 2575. Section 256C.3, subsection 2, paragraph a,
-1423-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) The individual is appropriately licensed under chapter
3272 256, subchapter VII, part 3, and meets requirements under
4chapter 284.
5 Sec. 2576. Section 256E.7, subsection 4, paragraph b,
6subparagraphs (1), (2), and (3), Code 2023, are amended to read
7as follows:
8(1) An administrator who holds a valid license under chapter
9272 256, subchapter VII, part 3.
10(2) A teacher who holds a valid license under chapter 272
11 256, subchapter VII, part 3.
12(3) An individual who holds an authorization to be a
13charter school administrator issued by the board of educational
14examiners under chapter 272 256, subchapter VII, part 3. The
15board of educational examiners shall adopt rules for the
16issuance of such authorizations not later than December 31,
172021, and such authorizations shall only be valid for service
18or employment as a charter school administrator.
19 Sec. 2577. Section 257.11, subsection 3, paragraph c,
20subparagraph (1), Code 2023, is amended to read as follows:
21(1) The school district has made every reasonable and good
22faith effort to employ a teacher licensed under chapter 272
23 256, subchapter VII, part 3, for the science or mathematics
24unit, as applicable, and is unable to employ such a teacher.
25For purposes of this paragraph “c”, “good faith effort” means
26the same as defined in section 279.19A, subsection 9.
27 Sec. 2578. Section 260C.48, subsection 1, paragraph a,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) For purposes of subparagraph (1), subparagraph
30divisions (b) and (c), if the instructor is a licensed
31practitioner who holds a career and technical endorsement
32under chapter 272 256, subchapter VII, part 3, relevant work
33experience in the occupational area includes but is not limited
34to classroom instruction in a career and technical education
35subject area offered by a school district or accredited
-1424-1nonpublic school.
2 Sec. 2579. Section 261.1, subsection 2, paragraph d,
3subparagraph (5), Code 2023, is amended to read as follows:
4(5) One member shall represent practitioners licensed under
5chapter 272 256, subchapter VII, part 3. When appointing
6this member, the governor shall give careful consideration to
7any person nominated by an Iowa teacher association or other
8education stakeholder organization.
9 Sec. 2580. Section 261E.4, subsection 3, Code 2023, is
10amended to read as follows:
113. A school district shall ensure that advanced placement
12course teachers or instructors are appropriately licensed
13by the board of educational examiners in accordance with
14chapter 272 256, subchapter VII, part 3, and meet the minimum
15certification requirements of the national organization that
16administers the advanced placement program.
17 Sec. 2581. Section 261H.2, subsection 3, paragraph b, Code
182023, is amended to read as follows:
19b. If it is determined, after exhaustion of all available
20administrative and judicial appeals, that a faculty member
21knowingly and intentionally restricts the protected speech or
22otherwise penalizes a student in violation of this subsection,
23the faculty member shall be subject to discipline by the
24institution through the normal disciplinary processes of the
25institution, and such discipline may include termination
26depending on the totality of the facts. If the faculty member
27is licensed by the board of educational examiners under chapter
28272 256, subchapter VII, part 3, the board of educational
29examiners shall conduct a hearing pursuant to section 272.13,
30and the faculty member may be subject to disciplinary action
31by the board.
32 Sec. 2582. Section 272.1, Code 2023, is amended to read as
33follows:
34272.1 Definitions.
35As used in this part, unless the context otherwise requires:
-1425- 11. “Administrator” means a person who is licensed to
2coordinate, supervise, or direct an educational program or the
3activities of other practitioners.
42. “Board” means the board of educational examiners.
53. “Certificate” means limited recognition to perform
6instruction and instruction-related duties in school, other
7than those duties for which practitioners are licensed. A
8certificate is nonexclusive recognition and does not confer the
9exclusive authority of a license.
104. “Department” means the state department of education.
115. 4. “License” means the authority that is given to allow
12a person to legally serve as a practitioner, a school, an
13institution, or a course of study to legally offer professional
14development programs, other than those programs offered by
15practitioner preparation schools, institutions, courses of
16study, or area education agencies. A license is the exclusive
17authority to perform these functions.
186. 5. “Offense directly relates” refers to either of the
19following:
20a. The actions taken in furtherance of an offense are
21actions customarily performed within the scope of practice of
22a licensed profession.
23b. The circumstances under which an offense was committed
24are circumstances customary to a licensed profession.
257. 6. “Para-educator” means a person who is certified to
26assist a teacher in the performance of instructional tasks to
27support and assist classroom instruction and related school
28activities.
298. 7. “Practitioner” means an administrator, teacher,
30or other licensed professional, including an individual who
31holds a statement of professional recognition, who provides
32educational assistance to students.
339. 8. “Practitioner preparation program” means a program
34approved by the state board of education which prepares a
35person to obtain a license as a practitioner.
-1426- 110. 9. “Principal” means a licensed member of a school’s
2instructional staff who serves as an instructional leader,
3coordinates the process and substance of educational and
4instructional programs, coordinates the budget of the school,
5provides formative evaluation for all practitioners and other
6persons in the school, recommends or has effective authority
7to appoint, assign, promote, or transfer personnel in a school
8building, implements the local school board’s policy in a
9manner consistent with professional practice and ethics, and
10assists in the development and supervision of a school’s
11student activities program.
1211. 10. “Professional development program” means a course or
13program which is offered by a person or agency for the purpose
14of providing continuing education for the renewal or upgrading
15of a practitioner’s license.
1612. 11. “School” means a school under section 280.2, an
17area education agency, and a school operated by a state agency
18for special purposes.
1913. 12. “School administration manager” means a person
20who is authorized to assist a school principal in performing
21noninstructional administrative duties.
2214. 13. “School service personnel” means those persons
23holding a practitioner’s license who provide support services
24for a student enrolled in school or to practitioners employed
25in a school.
2615. 14. “Student” means a person who is enrolled in
27a course of study at a school or practitioner preparation
28program, or who is receiving direct or indirect assistance from
29a practitioner.
3016. 15. “Superintendent” means an administrator
31who promotes, demotes, transfers, assigns, or evaluates
32practitioners or other personnel, and carries out the policies
33of a governing board in a manner consistent with professional
34practice and ethics.
3517. 16. “Teacher” means a licensed member of a school’s
-1427-1instructional staff who diagnoses, prescribes, evaluates,
2and directs student learning in a manner which is consistent
3with professional practice and school objectives, shares
4responsibility for the development of an instructional program
5and any coordinating activities, evaluates or assesses student
6progress before and after instruction, and who uses the student
7evaluation or assessment information to promote additional
8student learning.
918. 17. “Work-based learning program supervisor” means a
10person who is certified pursuant to section 272.16 to supervise
11students’ opportunities and experiences related to workplace
12tours, job shadowing, rotations, mentoring, entrepreneurship,
13service learning, internships, and apprenticeships.
14 Sec. 2583. Section 272.2, unnumbered paragraph 1, Code
152023, is amended to read as follows:
16The board of educational examiners is created within the
17higher education division of the department of education to
18exercise the exclusive authority to:
19 Sec. 2584. Section 272.2, subsection 1, paragraph a, Code
202023, is amended to read as follows:
21a. License practitioners, which includes the authority to
22establish do all of the following:
23(1) Establishcriteria for the licenses; establish.
24(2) Establishissuance and renewal requirements, provided
25that a continuing education requirement may be completed by
26electronic means; create.
27(3) Createapplication and renewal forms; create.
28(4) Createlicenses that authorize different instructional
29functions or specialties; develop.
30(5) Developa code of professional rights and
31responsibilities, practices, and ethics, which shall, among
32other things, address the all of the following:
33(a) Thefailure of a practitioner to fulfill contractual
34obligations under section 279.13, the. In addressing the
35failure of a practitioner to fulfill contractual obligations,
-1428-1the board shall consider factors beyond the practitioner’s
2control.
3(b) Thefailure of an administrator to protect the safety of
4staff and students, the.
5(c) Thefailure of an administrator to meet mandatory
6reporter obligations, the.
7(d) Therefusal of a practitioner to implement provisions of
8an individualized education program or behavioral intervention
9plan, and habitual.
10(e) Habitualnonparticipation in professional development;
11and develop.
12(f) The development ofany other classifications,
13distinctions, and procedures which may be necessary to exercise
14licensing duties. In addressing the failure of a practitioner
15to fulfill contractual obligations, the board shall consider
16factors beyond the practitioner’s control.
17 Sec. 2585. Section 272.2, subsections 4 and 24, Code 2023,
18are amended to read as follows:
194. Enforce rules adopted by the board through revocation
20or suspension of a license, or by other disciplinary action
21against a practitioner or professional development program
22licensed by the board of educational examiners. The
23board shall designate who may or shall initiate a licensee
24disciplinary investigation and a licensee disciplinary
25proceeding, and who shall prosecute a disciplinary proceeding
26and under what conditions, and shall state the procedures for
27review by the board of findings of fact if a majority of the
28board does not hear the disciplinary proceeding. However, in a
29case alleging failure of a practitioner to fulfill contractual
30obligations, the person who files a complaint with the board,
31or the complainant’s designee, shall represent the complainant
32in a disciplinary hearing conducted in accordance with this
33chapter part.
3424. By August 1, 2021, adopt rules pursuant to chapter 17A,
35developed in consultation with the department, establishing a
-1429-1statement of professional recognition for behavior analysts
2licensed under chapter 154D.
3 Sec. 2586. Section 272.2, subsection 7, Code 2023, is
4amended by striking the subsection.
5 Sec. 2587. Section 272.2, subsection 14, paragraph d, Code
62023, is amended to read as follows:
7d. An applicant for a license or certificate under this
8chapter part shall demonstrate that the requirements of
9the license or certificate have been met and the burden of
10proof shall be on the applicant. However, if the executive
11director of the board receives notice from the director of the
12department of education under section 256.9, subsection 17,
13that an error in the basic education data survey submission
14resulted in an incorrect determination relating to licensure
15of a practitioner, the executive director shall initiate
16corrective action with the board and the findings of the
17director of the department of education shall be sufficient
18evidence to correct such error.
19 Sec. 2588. Section 272.3, subsection 1, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21The board of educational examiners consists of twelve
22members. Two must shall be members of the general public, one
23must shall be the director of the department of education or
24the director’s designee, and the remaining nine members must
25 shall be licensed practitioners. One of the public members
26shall have served on a school board. The public members shall
27never have held a practitioner’s license, but shall have a
28demonstrated interest in education. The nine practitioners
29shall be selected from the following areas and specialties of
30the teaching profession:
31 Sec. 2589. Section 272.3, subsection 2, Code 2023, is
32amended to read as follows:
332. A majority of the licensed practitioner members shall
34be nonadministrative practitioners. Four of the members shall
35be administrators. Membership of the board shall comply with
-1430-1the requirements of sections 69.16 and 69.16A. A quorum of the
2board shall consist of six members. Members shall elect a
3chairperson of the board. Members, except for the director of
4the department of education or the director’s designee, shall
5be appointed by the governor subject to confirmation by the
6senate.
7 Sec. 2590. Section 272.4, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9Members, except for the director of the department of
10education or the director’s designee, shall be appointed to
11serve staggered terms of four years. A member shall not serve
12more than two consecutive terms, except for the director of the
13department of education or the director’s designee, who shall
14serve until the director’s term of office expires. A member of
15the board, except for the two public members and the director
16of the department of education or the director’s designee,
17shall hold a valid practitioner’s license during the member’s
18term of office. A vacancy exists when any of the following
19occur:
20 Sec. 2591. Section 272.5, subsection 2, Code 2023, is
21amended to read as follows:
222. The governor director shall appoint an executive
23director of the board of educational examiners subject to
24confirmation by the senate. The executive director shall
25possess a background in education licensure and administrative
26experience and shall serve at the pleasure of the governor.
27The board of educational examiners director shall set the
28salary of the executive director within the range established
29for the position by the general assembly.
30 Sec. 2592. Section 272.9, subsection 1, Code 2023, is
31amended to read as follows:
321. A certificate which was issued by the board of
33educational examiners to a practitioner before July 1, 1989,
34continues to be in force as long as the certificate complies
35with the rules and statutes in effect on July 1, 1989.
-1431-1Requirements for the renewal of licenses, under this chapter
2 part, do not apply retroactively to renewal of certificates.
3However, this section does not limit the duties or powers of
4a school board to select or discharge practitioners or to
5terminate practitioners’ contracts.
6 Sec. 2593. Section 272.9A, subsection 3, Code 2023, is
7amended to read as follows:
83. An administrator formerly employed by an accredited
9nonpublic school or formerly employed as an administrator in
10another state or country is exempt from the mentoring and
11induction requirement under subsection 1 if the administrator
12can document two years of successful administrator experience
13and meet or exceed the requirements contained in rules adopted
14pursuant to this chapter part for endorsement and licensure.
15However, if an administrator cannot document two years of
16successful administrator experience when hired by a school
17district, the administrator shall meet the requirements of
18subsection 1.
19 Sec. 2594. Section 272.10, subsections 1, 2, and 5, Code
202023, are amended to read as follows:
211. It is the intent of the general assembly that licensing
22fees established by the board of educational examiners be
23sufficient to finance the activities of the board under this
24chapter part.
252. Licensing fees are payable to the treasurer of state and
26shall be deposited with the executive director of the board.
27The executive director shall deposit twenty-five percent of
28the fees collected annually with the treasurer of state and
29the fees shall be credited to the general fund of the state.
30The remaining licensing fees collected during the fiscal year
31shall be retained by and are appropriated to the board for
32the purposes related to the board’s duties. Notwithstanding
33section 8.33, licensing fees retained by and appropriated to
34the board pursuant to this section that remain unencumbered or
35unobligated at the close of the fiscal year shall not revert
-1432-1but shall remain available for expenditure for the activities
2of the board as provided in this chapter part until the close
3of the succeeding fiscal year.
45. The fees established by the board for the administrative
5costs of processing complaints and conducting hearings pursuant
6to section 272.2, subsection 23, may include a fee for personal
7service by a sheriff, a fee for legal notice when placed in a
8newspaper, transcription service or court reporter fee, and
9other fees assessed as costs by the board. The fees collected
10annually in accordance with this subsection shall be retained
11by and are appropriated to the board for the purposes related
12to the board’s duties. Notwithstanding section 8.33, fees
13retained by and appropriated to the board pursuant to this
14subsection that remain unencumbered or unobligated at the close
15of the fiscal year shall not revert but shall remain available
16for expenditure for the activities of the board as provided
17in this chapter part until the close of the succeeding fiscal
18year.
19 Sec. 2595. Section 272.11, Code 2023, is amended to read as
20follows:
21272.11 Expenditures and refunds.
22Expenditures and refunds made by the board under this
23chapter part shall be certified by the executive director of
24the board to the director of the department of administrative
25services, and if found correct, the director of the department
26of administrative services shall approve the expenditures and
27refunds and draw warrants upon the treasurer of state from the
28funds appropriated for that purpose.
29 Sec. 2596. Section 272.12, Code 2023, is amended to read as
30follows:
31272.12 Para-educator certificates.
32The board of educational examiners shall adopt rules
33pursuant to chapter 17A relating to a voluntary certification
34system for para-educators. The rules shall specify rights,
35responsibilities, levels, and qualifications for the
-1433-1certificate. Applicants shall be disqualified for any reason
2specified in section 272.2, subsection 14, or in administrative
3rule. Notwithstanding section 272.2, subsection 14, paragraph
4“b”, subparagraph (2), the board may issue a para-educator
5certificate to a person who is at least eighteen years of age.
6A person holding a para-educator certificate shall not perform
7the duties of a licensed practitioner. A certificate issued
8pursuant to this chapter part shall not be considered a teacher
9or administrator license for any purpose specified by law,
10including the purposes specified under this chapter part or
11chapter 279.
12 Sec. 2597. Section 272.15, subsections 2 and 4, Code 2023,
13are amended to read as follows:
142. If, in the course of performing official duties, an
15employee of the department becomes aware of any alleged
16misconduct by an individual licensed under this chapter part,
17the employee shall report the alleged misconduct to the board
18of educational examiners under rules adopted pursuant to
19subsection 1.
204. If the executive director of the board verifies through
21a review of official records that a teacher who holds a
22practitioner’s license under this chapter part is assigned
23instructional duties for which the teacher does not hold the
24appropriate license or endorsement, either by grade level or
25subject area, by a school district or accredited nonpublic
26school, the executive director may initiate a complaint
27against the teacher and the administrator responsible for the
28inappropriate assignment of instructional duties.
29 Sec. 2598. Section 272.16, subsections 1, 2, and 3, Code
302023, are amended to read as follows:
311. The board of educational examiners shall adopt rules
32pursuant to chapter 17A relating to a certification system
33for work-based learning program supervisors. The rules shall
34specify rights, responsibilities, levels, and qualifications
35for the certificate. The certificate shall not require more
-1434-1than fifteen contact hours, which shall be available over
2the internet and which shall provide instruction related to
3fundamentals in career education, curriculum, assessment, and
4the evaluation of student participation.
52. Applicants shall be disqualified for any reason
6specified in section 272.2, subsection 14, or in rules adopted
7by the board of educational examiners.
83. A certificate issued pursuant to this section shall
9not be considered a teacher or administrator license for any
10purpose specified by law, including the purposes specified
11under this chapter part or chapter 279.
12 Sec. 2599. Section 272.20, Code 2023, is amended to read as
13follows:
14272.20 National certification.
15The board of educational examiners shall review the
16standards for teacher’s certificates adopted by the national
17board for professional teaching standards, a nonprofit
18corporation created as a result of recommendations of the
19task force on teaching as a profession of the Carnegie
20forum on education and the economy. In those cases in
21which the standards required by the national board for an
22Iowa endorsement or license meet or exceed the requirements
23contained in rules adopted under this chapter part for that
24endorsement or license, the board of educational examiners
25 shall issue endorsements or licenses to holders of certificates
26issued by the national board who request the endorsement or
27license.
28 Sec. 2600. Section 272.28, subsection 2, Code 2023, is
29amended to read as follows:
302. A teacher from an accredited nonpublic school or another
31state or country is exempt from the requirement of subsection 1
32if the teacher can document three years of successful teaching
33experience and meet or exceed the requirements contained in
34rules adopted under this chapter part for endorsement and
35licensure.
-1435-1 Sec. 2601. Section 272.29, Code 2023, is amended to read as
2follows:
3272.29 Annual administrative rules review — triennial
4report.
5The executive director of the board shall annually review
6the administrative rules adopted pursuant to this chapter part
7 and related state laws. The executive director shall submit
8the executive director’s findings and recommendations in a
9report every three years to the board and the general assembly
10by January 15.
11 Sec. 2602. Section 272C.15, subsection 1, Code 2023, is
12amended to read as follows:
131. Notwithstanding any other provision of law to the
14contrary, except for chapter 272 256, subchapter VII, part 3, a
15person’s conviction of a crime may be grounds for the denial,
16revocation, or suspension of a license only if an unreasonable
17risk to public safety exists because the offense directly
18relates to the duties and responsibilities of the profession
19and the appropriate licensing board, agency, or department does
20not grant an exception pursuant to subsection 4.
21 Sec. 2603. Section 273.3, subsections 11 and 25, Code 2023,
22are amended to read as follows:
2311. Employ personnel to carry out the functions of the
24area education agency which shall include the employment of an
25administrator who shall possess a license issued under chapter
26272 256, subchapter VII, part 3. The administrator shall
27be employed pursuant to section 279.20 and sections 279.23,
28279.24, and 279.25. The salary for an area education agency
29administrator shall be established by the board based upon
30the previous experience and education of the administrator.
31Section 279.13 applies to the area education agency board
32and to all teachers employed by the area education agency.
33Sections 279.23, 279.24, and 279.25 apply to the area education
34board and to all administrators employed by the area education
35agency. Section 279.69 applies to the area education agency
-1436-1board and employees of the board, including part-time,
2substitute, or contract employees, who provide services to a
3school or school district.
425. Require, by July 1, 2024, any person employed by
5the area education agency who holds a license, certificate,
6statement of recognition, or authorization other than a
7coaching authorization, issued by the board of educational
8examiners under chapter 272 256, subchapter VII, part 3, to
9complete the Iowa reading research center dyslexia overview
10module. Such persons employed after July 1, 2024, shall
11complete the module within one year of the employee’s initial
12date of hire.
13 Sec. 2604. Section 279.13, subsection 1, paragraph b,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) Prior to entering into an initial contract with a
16teacher who holds a license other than an initial license
17issued by the board of educational examiners under chapter 272
18 256, subchapter VII, part 3, the school district shall initiate
19a state criminal history record check of the applicant through
20the division of criminal investigation of the department of
21public safety, submit the applicant’s fingerprints to the
22division for submission to the federal bureau of investigation
23for a national criminal history record check, and review the
24sex offender registry information under section 692A.121
25available to the general public, the central registry for
26child abuse information established under section 235A.14, and
27the central registry for dependent adult abuse information
28established under section 235B.5 for information regarding the
29applicant for employment as a teacher.
30 Sec. 2605. Section 279.19B, subsection 1, paragraph a,
31unnumbered paragraph 1, Code 2023, is amended to read as
32follows:
33The board of directors of a school district may employ for
34head coach of any interscholastic athletic activities or for
35assistant coach of any interscholastic athletic activity, an
-1437-1individual who possesses a coaching authorization issued by the
2board of educational examiners or possesses a teaching license
3with a coaching endorsement issued pursuant to chapter 272 256,
4subchapter VII, part 3. However, a board of directors of a
5school district shall consider applicants with qualifications
6described below, in the following order of priority:
7 Sec. 2606. Section 279.50A, subsection 1, paragraph a, Code
82023, is amended to read as follows:
9a. The school district has made every reasonable and
10good faith effort to employ a teacher licensed under chapter
11272 256, subchapter VII, part 3, for the unit of science or
12mathematics, as applicable, and is unable to employ such a
13teacher. For purposes of this subsection, “good faith effort”
14means the same as defined in section 279.19A, subsection 9.
15 Sec. 2607. Section 279.72, Code 2023, is amended to read as
16follows:
17279.72 Training on dyslexia.
18By July 1, 2024, the board of directors of a school
19district shall require all persons employed by the school
20district who hold a teaching license with an endorsement
21for prekindergarten, prekindergarten or elementary special
22education, or prekindergarten through grade three levels
23issued under chapter 272 256, subchapter VII, part 3, all
24practitioners and paraprofessionals assigned as Title I
25teachers and Title I paraprofessionals under the federal Every
26Student Succeeds Act, Pub.L. No.114-95, and all practitioners
27endorsed to teach English as a second language to complete the
28Iowa reading research center dyslexia overview module. Such
29persons employed by the school district after July 1, 2024,
30shall complete the module within one year of the employee’s
31initial date of hire.
32 Sec. 2608. Section 279.73, subsection 2, Code 2023, is
33amended to read as follows:
342. If the board of directors of the school district or
35a court finds that an employee of the school district who
-1438-1holds a license, certificate, statement of recognition, or
2authorization issued by the board of educational examiners
3under chapter 272 256, subchapter VII, part 3, discriminated
4against a student or employee in violation of this section,
5the employee found to be in violation under this section shall
6be subject to a hearing conducted by the board of educational
7examiners pursuant to section 272.2, subsection 14, which may
8result in disciplinary action and the employee’s employment may
9be terminated.
10 Sec. 2609. Section 284.2, subsections 1, 7, and 11, Code
112023, are amended to read as follows:
121. “Beginning teacher” means an individual serving under
13an initial or intern license, issued under chapter 272 256,
14subchapter VII, part 3, who is assuming a position as a
15teacher. “Beginning teacher” includes an individual who is
16an initial teacher. For purposes of the beginning teacher
17mentoring and induction program created pursuant to section
18284.5, “beginning teacher” also includes preschool teachers
19who are licensed under chapter 272 256, subchapter VII, part
203, and are employed by a school district or area education
21agency. “Beginning teacher” does not include a teacher whose
22employment with a school district or area education agency is
23probationary unless the teacher is serving under an initial or
24teacher intern license issued under chapter 272 256, subchapter
25VII, part 3.
267. “Mentor” means an individual employed by a school
27district or area education agency as a teacher or a retired
28teacher who holds a valid license issued under chapter 272 256,
29subchapter VII, part 3. The individual must have a record of
30three years of successful teaching practice, must be employed
31on a nonprobationary basis, and must demonstrate professional
32commitment to both the improvement of teaching and learning and
33the development of beginning teachers.
3411. “Teacher” means an individual who holds a practitioner’s
35license issued under chapter 272 256, subchapter VII, part
-1439-13, or a statement of professional recognition issued under
2chapter 272 256, subchapter VII, part 3, who is employed in
3a nonadministrative position by a school district or area
4education agency pursuant to a contract issued by a board of
5directors under section 279.13. A teacher may be employed in
6both an administrative and a nonadministrative position by a
7board of directors and shall be considered a part-time teacher
8for the portion of time that the teacher is employed in a
9nonadministrative position.
10 Sec. 2610. Section 284.10, subsection 2, Code 2023, is
11amended to read as follows:
122. An administrator licensed under chapter 272 256,
13subchapter VII, part 3, who conducts evaluations of teachers
14for purposes of this chapter shall complete the evaluator
15training program. A practitioner licensed under chapter 272
16 256, subchapter VII, part 3, who is not an administrator
17may enroll in the evaluator training program. Enrollment
18preference shall be given to administrators. Upon successful
19completion, the provider shall certify that the administrator
20or other practitioner is qualified to conduct evaluations
21for employment, make recommendations for licensure, and make
22recommendations that a teacher is qualified to advance from one
23career path level to the next career path level pursuant to
24this chapter. Certification is for a period of five years and
25may be renewed.
26 Sec. 2611. Section 284.15, subsection 2, paragraph a,
27subparagraph (1), Code 2023, is amended to read as follows:
28(1) The salary for an initial teacher who has successfully
29completed an approved practitioner preparation program as
30defined in section 272.1 or holds an initial or intern teacher
31license issued under chapter 272 256, subchapter VII, part 3,
32 shall be at least thirty-three thousand five hundred dollars,
33which shall also constitute the minimum salary for an Iowa
34teacher.
35 Sec. 2612. Section 284.15, subsection 2, paragraph b,
-1440-1unnumbered paragraph 1, Code 2023, is amended to read as
2follows:
3A career teacher is a teacher who holds a statement of
4professional recognition issued under chapter 272 256,
5subchapter VII, part 3, or who meets all of the following
6requirements:
7 Sec. 2613. Section 284.15, subsection 2, paragraph b,
8subparagraph (2), Code 2023, is amended to read as follows:
9(2) Holds a valid license issued under chapter 272 256,
10subchapter VII, part 3.
11 Sec. 2614. Section 284.15, subsection 2, paragraphs d and e,
12Code 2023, are amended to read as follows:
13d. Mentor teacher. A mentor teacher is a teacher who
14is evaluated by the school district as demonstrating the
15competencies and superior teaching skills of a mentor teacher,
16and has been recommended for a one-year assignment as a mentor
17teacher by a site-based review council appointed pursuant to
18subsection 4. In addition, a mentor teacher shall hold a
19valid license issued under chapter 272 256, subchapter VII,
20part 3, participate in teacher professional development as
21outlined in this chapter, demonstrate continuous improvement in
22teaching, and possess the skills and qualifications to assume
23leadership roles. A mentor teacher shall have a teaching load
24of not more than seventy-five percent student instruction to
25allow the teacher to mentor other teachers. A school district
26shall designate at least ten percent of its teachers as mentor
27teachers, though the district may enter into an agreement with
28one or more other districts or an area education agency to meet
29this requirement through a collaborative arrangement. The
30terms of the teaching contracts issued under section 279.13 to
31mentor teachers shall exceed by ten days the terms of teaching
32contracts issued under section 279.13 to career teachers, and
33the ten additional contract days shall be used to strengthen
34instructional leadership in accordance with this subsection. A
35mentor teacher shall receive annually a salary supplement of
-1441-1at least five thousand dollars.
2e. Lead teacher. A lead teacher is a teacher who holds a
3valid license issued under chapter 272 256, subchapter VII,
4part 3, and has been recommended for a one-year assignment
5as a lead teacher by a site-based review council appointed
6pursuant to subsection 4. The recommendation from the council
7must assert that the teacher possesses superior teaching
8skills and the ability to lead adult learners. A lead
9teacher shall assume leadership roles that may include but
10are not limited to the planning and delivery of professional
11development activities designed to improve instructional
12strategies; the facilitation of an instructional leadership
13team within the lead teacher’s building, school district, or
14other school districts; the mentoring of other teachers; and
15participation in the evaluation of student teachers. A lead
16teacher shall have a teaching load of not more than fifty
17percent student instruction to allow the lead teacher to spend
18time on co-teaching; co-planning; peer reviews; observing
19career teachers, model teachers, and mentor teachers; and other
20duties mutually agreed upon by the superintendent and the lead
21teacher. A school district shall designate at least five
22percent of its teachers as lead teachers, though the district
23may enter into an agreement with one or more other districts
24or an area education agency to meet this requirement through a
25collaborative arrangement. The terms of the teaching contracts
26issued under section 279.13 to lead teachers shall exceed by
27fifteen days the terms of teaching contracts issued under
28section 279.13 to career teachers, and the fifteen additional
29contract days shall be used to strengthen instructional
30leadership in accordance with this subsection. A lead teacher
31shall receive annually a salary supplement of at least ten
32thousand dollars.
33 Sec. 2615. Section 284.16, subsection 1, paragraph a,
34subparagraphs (1) and (2), Code 2023, are amended to read as
35follows:
-1442- 1(1) Has successfully completed an approved practitioner
2preparation program as defined in section 272.1 or holds an
3intern teacher license issued under chapter 272 256, subchapter
4VII, part 3.
5(2) Holds an initial or intern teacher license issued under
6chapter 272 256, subchapter VII, part 3.
7 Sec. 2616. Section 284.16, subsection 1, paragraph b,
8unnumbered paragraph 1, Code 2023, is amended to read as
9follows:
10A career teacher is a teacher who holds a statement
11of professional recognition issued under chapter 272
12 256, subchapter VII, part 3, or who meets the following
13requirements:
14 Sec. 2617. Section 284.16, subsection 1, paragraph b,
15subparagraph (3), Code 2023, is amended to read as follows:
16(3) Holds a valid license issued under chapter 272 256,
17subchapter VII, part 3.
18 Sec. 2618. Section 284A.2, subsections 1, 2, and 7, Code
192023, are amended to read as follows:
201. “Administrator” means an individual holding a
21professional administrator license issued under chapter 272
22 256, subchapter VII, part 3, who is employed in a school
23district administrative position by a school district or area
24education agency pursuant to a contract issued by a board of
25directors under section 279.23 and is engaged in instructional
26leadership. An administrator may be employed in both an
27administrative and a nonadministrative position by a board of
28directors and shall be considered a part-time administrator
29for the portion of time that the individual is employed in an
30administrative position.
312. “Beginning administrator” means an individual serving
32under an administrator license, issued by the board of
33educational examiners under chapter 272 256, subchapter VII,
34part 3, who is assuming a position as a school district
35principal or superintendent for the first time.
-1443- 17. “Mentor” means an individual employed by a school
2district or area education agency as a school district
3administrator or a retired administrator who holds a valid
4license issued under chapter 272 256, subchapter VII, part 3.
5The individual must have a record of four years of successful
6administrative experience and must demonstrate professional
7commitment to both the improvement of teaching and learning and
8the development of beginning administrators.
9 Sec. 2619. Section 284A.6, subsection 2, Code 2023, is
10amended to read as follows:
112. In cooperation with the administrator’s evaluator, the
12administrator who has a professional administrator license
13issued by the board of educational examiners pursuant to
14chapter 272 256, subchapter VII, part 3, and is employed
15by a school district or area education agency in a school
16district administrative position shall develop an individual
17administrator professional development plan. The purpose
18of the plan is to promote individual and group professional
19development. The individual plan shall be based, at a minimum,
20on the needs of the administrator, the Iowa standards for
21school administrators adopted pursuant to section 256.7,
22subsection 27, and the student achievement goals of the
23attendance center and the school district as outlined in the
24comprehensive school improvement plan.
25 Sec. 2620. Section 284A.7, Code 2023, is amended to read as
26follows:
27284A.7 Evaluation requirements for administrators.
28A school district shall conduct an annual evaluation of an
29administrator who holds a professional administrator license
30issued under chapter 272 256, subchapter VII, part 3, for
31purposes of assisting the administrator in making continuous
32improvement, documenting continued competence in the Iowa
33standards for school administrators adopted pursuant to
34section 256.7, subsection 27, or to determine whether the
35administrator’s practice meets school district expectations.
-1444-1The evaluation shall include, at a minimum, an assessment of
2the administrator’s competence in meeting the Iowa standards
3for school administrators and the goals of the administrator’s
4individual professional development plan, including supporting
5documentation or artifacts aligned to the Iowa standards for
6school administrators and the individual administrator’s
7professional development plan.
8 Sec. 2621. Section 299A.2, Code 2023, is amended to read as
9follows:
10299A.2 Competent private instruction by licensed
11practitioner.
12If a licensed practitioner provides competent instruction
13to a school-age child, the practitioner shall possess a valid
14license or certificate which has been issued by the state board
15of educational examiners under chapter 272 256, subchapter VII,
16part 3, and which is appropriate to the ages and grade levels
17of the children to be taught. Competent private instruction
18may include but is not limited to a home school assistance
19program which provides instruction or instructional supervision
20offered through an accredited nonpublic school or public school
21district by a teacher, who is employed by the accredited
22nonpublic school or public school district, who assists and
23supervises a parent, guardian, or legal custodian in providing
24instruction to a child. If competent private instruction is
25provided through a public school district, the child shall be
26enrolled and included in the basic enrollment of the school
27district as provided in section 257.6. Sections 299A.3 through
28299A.7 do not apply to competent private instruction provided
29by a licensed practitioner under this section. However, the
30reporting requirement contained in section 299A.3, subsection
311, shall apply to competent private instruction provided by
32licensed practitioners that is not part of a home school
33assistance program offered through an accredited nonpublic
34school or public school district.
35 Sec. 2622. Section 622.10, subsection 8, Code 2023, is
-1445-1amended to read as follows:
28. A qualified school guidance counselor, who is licensed
3by the board of educational examiners under chapter 272 256,
4subchapter VII, part 3, and who obtains information by reason
5of the counselor’s employment as a qualified school guidance
6counselor, shall not be allowed, in giving testimony, to
7disclose any confidential communications properly entrusted
8to the counselor by a pupil or the pupil’s parent or guardian
9in the counselor’s capacity as a qualified school guidance
10counselor and necessary and proper to enable the counselor to
11perform the counselor’s duties as a qualified school guidance
12counselor.
13 Sec. 2623. Section 709.15, subsection 1, paragraph g,
14subparagraph (1), subparagraph divisions (a) and (b), Code
152023, are amended to read as follows:
16(a) A person who holds a license, certificate, or statement
17of professional recognition issued under chapter 272 256,
18subchapter VII, part 3.
19(b) A person who holds an authorization issued under chapter
20272 256, subchapter VII, part 3.
21 Sec. 2624. Section 714.19, subsection 4, Code 2023, is
22amended to read as follows:
234. Private and nonprofit elementary or secondary schools
24recognized by the department of education or the board of
25directors of a school district for the purpose of complying
26with chapter 299 and employing teachers licensed under chapter
27272 256, subchapter VII, part 3.
28 Sec. 2625. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfers:
31a. Section 272.1 to section 256.145.
32b. Section 272.2 to section 256.146.
33c. Section 272.3 to section 256.147.
34d. Section 272.4 to section 256.148.
35e. Section 272.5 to section 256.149.
-1446- 1f. Section 272.6 to section 256.150.
2g. Section 272.7 to section 256.151.
3h. Section 272.8 to section 256.152.
4i. Section 272.9 to section 256.153.
5j. Section 272.9A to section 256.154.
6k. Section 272.10 to section 256.155.
7l. Section 272.11 to section 256.156.
8m. Section 272.12 to section 256.157.
9n. Section 272.13 to section 256.158.
10o. Section 272.14 to section 256.159.
11p. Section 272.15 to section 256.160.
12q. Section 272.16 to section 256.161.
13r. Section 272.20 to section 256.162.
14s. Section 272.28 to section 256.163.
15t. Section 272.29 to section 256.164.
16u. Section 272.31 to section 256.165.
172. The Code editor shall correct internal references in the
18Code and in any enacted legislation as necessary due to the
19enactment of this section.
203. The Code editor may designate sections 256.145 through
21256.165, as enacted in this division of this Act, as new part 3
22entitled “Board of Educational Examiners” within the subchapter
23entitled “Higher Education Division” as enacted by another
24division of this Act.
25 Sec. 2626. TRANSITION PROVISIONS.
261. Any license, certificate, or authorization issued by
27the board of education examiners pursuant to chapter 272 prior
28to the effective date of this division of this Act is valid
29and shall continue as provided in the terms of the license,
30certificate, or authorization.
312. Federal funds utilized by the board of educational
32examiners prior to the effective date of this division of this
33Act to employ personnel necessary for the administration of the
34board of educational examiners’ programs shall be applied to
35and be available for the transfer of such personnel from the
-1447-1board of educational examiners to the higher education division
2of the department of education.
3 Sec. 2627. APPLICABILITY. This division of this Act applies
4to individuals appointed as the executive director of the board
5of educational examiners before, on, or after the effective
6date of this division of this Act.
7COLLEGE STUDENT AID COMMISSION
8 Sec. 2628. Section 8A.504, subsection 1, paragraph d,
9subparagraph (2), Code 2023, is amended to read as follows:
10(2) An amount that is due because of a default on a loan
11under chapter 261 256, subchapter VII, part 4.
12 Sec. 2629. Section 8A.504, subsection 4, Code 2023, is
13amended to read as follows:
144. The director shall have the authority to enter into
15reciprocal agreements with the departments of revenue of other
16states that have enacted legislation that is substantially
17equivalent to the setoff procedure provided in this section for
18the recovery of an amount due because of a default on a loan
19under chapter 261 256, subchapter VII, part 4. A reciprocal
20agreement shall also be approved by the college student aid
21commission. The agreement shall authorize the department to
22provide by rule for the setoff of state income tax refunds
23or rebates of defaulters from states with which Iowa has a
24reciprocal agreement and to provide for sending lists of
25names of Iowa defaulters to the states with which Iowa has
26a reciprocal agreement for setoff of that state’s income tax
27refunds.
28 Sec. 2630. Section 261.1, subsection 1, Code 2023, is
29amended to read as follows:
301. There is hereby created within the higher education
31division of the department a commission to be known as the
32“College Student Aid Commission” of the state of Iowa.
33 Sec. 2631. Section 261.1, subsection 2, paragraphs a and b,
34Code 2023, are amended to read as follows:
35a. A member of the state board of regents to be named by the
-1448- 1state board of regents, or the executive director of the state
2 board of regents if so appointed by the state board of regents,
3who shall serve for a four-year term or until the expiration
4of the member’s term of office.
5b. The director of the department of education or the
6director’s designee.
7 Sec. 2632. Section 261.1, subsection 4, paragraph a, Code
82023, is amended to read as follows:
9a. Vacancies on the commission shall be filled for the
10unexpired term of such vacancies, if applicable, in the same
11manner as the original appointment.
12 Sec. 2633. Section 261.1, Code 2023, is amended by adding
13the following new subsection:
14 NEW SUBSECTION. 5. The director shall appoint an executive
15director of the commission. The director shall set the salary
16of the executive director.
17 Sec. 2634. Section 261.2, subsection 2, Code 2023, is
18amended to read as follows:
192. Administer the tuition grant program under this chapter
20 part.
21 Sec. 2635. Section 261.3, Code 2023, is amended to read as
22follows:
23261.3 Organization — bylaws.
241. The commission is an autonomous state agency which is
25attached to the department of education for organizational
26purposes only.
272. 1. The commission, under the authority of the higher
28education division of the department, shall determine its
29own organization, draw up its own bylaws, adopt rules under
30chapter 17A, and do such other things as may be necessary
31and incidental in the administration of this chapter part,
32including the housing, employment, and fixing the compensation
33and bond of persons required to carry out its functions and
34responsibilities. A decision of the commission is final agency
35action under chapter 17A.
-1449- 13. 2. The commission shall function at the seat of
2government or such other place as it the commission might
3designate.
4 Sec. 2636. Section 261.5, subsection 2, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6Notwithstanding any other provision of this chapter part, in
7the event of a national emergency declared by the president of
8the United States by reason of terrorist attack, the commission
9may waive or modify any statutory or regulatory provision
10applicable to state financial aid programs established pursuant
11to this chapter part to ensure, with regard to affected
12individuals, that the following occurs:
13 Sec. 2637. Section 261.5, subsection 3, Code 2023, is
14amended to read as follows:
153. Notwithstanding any other provision of this chapter
16 part, in the event of a national emergency declared by the
17president of the United States by reason of terrorist attack,
18the commission may grant temporary relief from requirements
19rendered infeasible or unreasonable, including due diligence
20requirements and reporting deadlines, by the national
21emergency, to an institution of higher education under the
22state board of regents, a community college, an accredited
23private institution as defined in section 261.9, eligible
24lenders, and other entities participating in the state student
25assistance programs in accordance with this chapter part, that
26are located in, or whose operations are directly affected
27by, areas that are declared disaster areas by any federal,
28state, or local official in connection with the national
29emergency. If the commission issues a waiver in accordance
30with this section, the report prepared by the commission
31pursuant to section 17A.9A, subsection 5, shall include
32examples of measures that a postsecondary institution may take
33in the appropriate exercise of discretion, as provided in 20
34U.S.C. §1087tt, to adjust financial need and aid eligibility
35determinations for affected individuals.
-1450-1 Sec. 2638. Section 261.9, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3When used in this subchapter subpart, unless the context
4otherwise requires:
5 Sec. 2639. Section 261.9, subsection 1, paragraph b, Code
62023, is amended to read as follows:
7b. Is accredited by the higher learning commission, is
8exempt from taxation under section 501(c)(3) of the Internal
9Revenue Code, and annually provides a matching aggregate amount
10of institutional financial aid equal to at least seventy-five
11percent of the amount received in a fiscal year by the
12institution’s students for Iowa tuition grant assistance under
13this chapter part. Commencing with the fiscal year beginning
14July 1, 2006, the matching aggregate amount of institutional
15financial aid shall increase by the percentage of increase each
16fiscal year of funds appropriated for Iowa tuition grants under
17section 261.25, subsection 1, to a maximum match of one hundred
18percent. The institution shall file annual reports with the
19commission prior to receipt of tuition grant moneys under this
20chapter part. An institution whose income is not exempt from
21taxation under section 501(c) of the Internal Revenue Code and
22whose students were eligible to receive Iowa tuition grant
23money in the fiscal year beginning July 1, 2003, shall meet the
24match requirements of this paragraph no later than June 30,
252005.
26 Sec. 2640. Section 261.9, subsection 8, Code 2023, is
27amended to read as follows:
288. “Tuition grant” means an award by the state of Iowa to a
29qualified student under this subchapter subpart.
30 Sec. 2641. Section 261.15, subsection 2, Code 2023, is
31amended to read as follows:
322. Adopt rules and regulations for determining financial
33need, defining tuition and mandatory fees, defining residence
34for the purposes of this subchapter subpart, processing and
35approving applications for tuition grants, and determining
-1451-1priority of grants. The commission may provide for proration
2of funds if the available funds are insufficient to pay all
3approved grants. Such proration shall take primary account of
4the financial need of the applicant. In determining who is a
5resident of Iowa, the commission’s rules shall be at least as
6restrictive as those of the board of regents.
7 Sec. 2642. Section 261.16A, subsection 7, Code 2023, is
8amended to read as follows:
97. Reports to commission. An eligible institution shall
10file annual reports with the commission, as required by the
11commission and under section 261.9, prior to receipt of tuition
12grant moneys under this chapter part.
13 Sec. 2643. Section 261.17, subsection 5, Code 2023, is
14amended to read as follows:
155. A vocational-technical tuition grant shall be awarded
16on an annual basis, requiring reapplication by the student for
17each year. Payments under the grant shall be allocated equally
18among the semesters or quarters of the year upon certification
19by the institution that the student is in full-time or
20part-time attendance in a vocational-technical or career option
21program, as defined under rules of the department of education.
22If the student discontinues attendance before the end of any
23term after receiving payment of the grant, the entire amount of
24any refund due that student, up to the amount of any payments
25made under the annual grant, shall be paid by the institution
26to the state.
27 Sec. 2644. Section 261.20, subsection 1, Code 2023, is
28amended to read as follows:
291. A scholarship and tuition grant reserve fund is created
30to assure that financial assistance will be available to all
31students who are awarded scholarships or tuition grants through
32programs funded under this chapter part. The fund is created
33as a separate fund in the state treasury, and moneys in the
34fund shall not revert to the general fund unless, and then
35only to the extent that, the funds exceed the maximum allowed
-1452-1balance.
2 Sec. 2645. Section 261.35, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4As used in this subchapter subpart, unless the context
5otherwise requires:
6 Sec. 2646. Section 261.36, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8The commission shall have necessary powers to carry out its
9purposes and duties under this subchapter subpart, including
10but not limited to the power to:
11 Sec. 2647. Section 261.37, unnumbered paragraph 1, Code
122023, is amended to read as follows:
13The duties of the commission under this subchapter subpart
14 shall be as follows:
15 Sec. 2648. Section 261.37, subsections 5 and 7, Code 2023,
16are amended to read as follows:
175. To adopt rules pursuant to chapter 17A to implement
18the provisions of this subchapter subpart, including
19establishing standards for educational institutions, lenders,
20and individuals to become eligible institutions, lenders, and
21borrowers. Notwithstanding any contrary provisions in chapter
22537, the rules and standards established shall be consistent
23with the requirements provided in the Higher Education Act of
241965.
257. To establish an effective system for the collection of
26delinquent loans, including the adoption of an agreement with
27the department of administrative services to set off against
28a defaulter’s income tax refund or rebate the amount that is
29due because of a default on a loan made under this subchapter
30 subpart. The commission shall adopt rules under chapter 17A
31necessary to assist the department of administrative services
32in the implementation of the student loan setoff program as
33established under section 8A.504. The commission shall apply
34administrative wage garnishment procedures authorized under the
35federal Higher Education Act of 1965, as amended and codified
-1453-1in 20 U.S.C. §1071 et seq., for all delinquent loans, including
2loans authorized under section 261.38, when a defaulter who is
3financially capable of paying fails to voluntarily enter into a
4reasonable payment agreement. In no case shall the commission
5garnish more than the amount authorized by federal law for
6all loans being collected by the commission, including those
7authorized under section 261.38.
8 Sec. 2649. Section 261.42, Code 2023, is amended to read as
9follows:
10261.42 Short title.
11This subchapter subpart shall be known and may be cited as
12the “Iowa Guaranteed Loan Program”.
13 Sec. 2650. Section 261.43A, Code 2023, is amended to read
14as follows:
15261.43A Security interest in education loans.
16A nonprofit organization qualifying for tax-exempt status
17under the Internal Revenue Code, as defined in section 422.3,
18that provides or acquires education loans in the organization’s
19normal course of business shall, notwithstanding any contrary
20provision of chapter 554 or other state law, establish and
21perfect a security interest and establish priority over other
22security interests in such education loans by filing in the
23same manner as provided for perfecting a security interest in
24a student loan pursuant to 20 U.S.C. §1082(m)(1)(E). This
25section applies to education loans provided under this chapter
26 part by such nonprofit organizations and other education loans
27provided by such nonprofit organizations.
28 Sec. 2651. Section 261.87, subsection 1, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30As used in this subchapter subpart, unless the context
31otherwise requires:
32 Sec. 2652. Section 261.102, subsection 7, Code 2023, is
33amended to read as follows:
347. “Program” means the Iowa minority academic grants
35for economic success program established in this subchapter
-1454-1 subpart.
2 Sec. 2653. Section 261.110, subsections 1 and 5, Code 2023,
3are amended to read as follows:
41. A teach Iowa scholar program is established to provide
5teach Iowa scholar grants to selected high-caliber teachers.
6The commission shall administer the program in collaboration
7with the department of education.
85. The commission, in collaboration with the department
9of education, shall adopt rules pursuant to chapter 17A to
10administer this section. The rules shall include but shall not
11be limited to a process for use by the commission to determine
12which eligible applicants will receive teach Iowa scholar
13grants.
14 Sec. 2654. Section 261.110, subsection 3, paragraph a, Code
152023, is amended to read as follows:
16a. The applicant was in the top twenty-five percent
17academically of students exiting a teacher preparation program
18approved by the state board of education pursuant to section
19256.7, subsection 3, or a similar teacher preparation program
20in another state, or had earned other comparable academic
21credentials.
22 Sec. 2655. Section 261.111, subsection 2, Code 2023, is
23amended to read as follows:
242. The director of the department of education shall
25annually designate the areas in which teacher shortages are
26anticipated. The director shall periodically conduct a survey
27of school districts, accredited nonpublic schools, and approved
28practitioner preparation programs to determine current shortage
29areas and predict future shortage areas.
30 Sec. 2656. Section 261.112, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. A teacher shortage loan forgiveness program is
33established to be administered by the commission. A teacher
34is eligible for the program if the teacher is practicing in
35a teacher shortage area as designated by the department of
-1455-1education pursuant to subsection 2. A person is ineligible
2for this program if the person receives a grant under section
3261.110 or a forgivable loan under section 261.111. For
4purposes of this section, “teacher” means an individual holding
5a practitioner’s license issued under chapter 272 part 3, who
6is employed in a nonadministrative position in a designated
7shortage area by a school district or area education agency
8pursuant to a contract issued by a board of directors under
9section 279.13.
102. The director of the department of education shall
11annually designate the geographic or subject areas experiencing
12teacher shortages. The director shall periodically conduct a
13survey of school districts, accredited nonpublic schools, and
14approved practitioner preparation programs to determine current
15shortage areas.
16 Sec. 2657. Section 261.130, subsection 2, Code 2023, is
17amended to read as follows:
182. Skilled workforce shortage tuition grants shall be
19awarded only to students pursuing a career-technical or career
20option program in an industry identified as having a shortage
21of skilled workers by a community college after conducting a
22regional skills gap analysis or as being a high-demand job by
23the department of workforce development in the department’s
24 department of workforce development’s most recent list of
25high-demand jobs. If a community college no longer identifies
26the industry as having a shortage of skilled workers or the
27department of workforce development no longer identifies the
28industry as a high-demand job, an eligible student who received
29a grant for a career-technical or career option program based
30on that identification shall continue to receive the grant
31until achieving a postsecondary credential, up to an associate
32degree, as long as the student is continuously enrolled in
33that program and continues to meet all other eligibility
34requirements.
35 Sec. 2658. Section 261.131, subsection 1, paragraph b, Code
-1456-12023, is amended to read as follows:
2b. “Approved state-recognized work-based learning program”
3means a structured educational and training program that
4includes authentic worksite training and is approved by the
5department of education according to a process established
6under rules adopted pursuant to section 256.7, subsection 34.
7 Sec. 2659. Section 261.132, subsection 1, paragraph c, Code
82023, is amended to read as follows:
9c. “Eligible program” means a program of study or an
10academic major jointly approved by the commission and the
11department of workforce development, in consultation with the
12eligible institution, that leads to a bachelor’s degree aligned
13with a high-demand job designated by the workforce development
14board pursuant to section 84A.1B, subsection 14. If the
15department of workforce development removes a high-demand job
16from the list created under section 84A.1B, subsection 14, an
17eligible student who received a grant for a program based on
18that high-demand job shall continue to receive the grant until
19achieving a bachelor’s degree as long as the student continues
20to meet all other eligibility requirements.
21 Sec. 2660. Section 261B.11A, subsection 1, Code 2023, is
22amended to read as follows:
231. Students attending schools required to register under
24this chapter are ineligible for state student financial aid
25programs established under chapter 261 256, subchapter VII,
26part 4.
27 Sec. 2661. Section 261F.1, subsection 5, paragraph e, Code
282023, is amended to read as follows:
29e. State education grants, scholarships, or financial aid
30funds administered under chapter 261 256, subchapter VII, part
314.
32 Sec. 2662. Section 261G.4, subsections 1, 2, and 5, Code
332023, are amended to read as follows:
341. Notwithstanding any other provision of law to the
35contrary, a participating nonresident institution shall not
-1457-1be required to register under chapter 261B or to comply with
2the registration and disclosure requirements of chapter 261
3 256, subchapter VII, part 4, or chapter 261B or section 714.17,
4subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
5714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
6section 714.25, if the provisions of an interstate reciprocity
7agreement prohibit such registration or compliance.
82. Notwithstanding any other provision of law to the
9contrary, a participating resident institution shall be
10required to register under chapter 261B or to comply with the
11registration and disclosure requirements of chapter 261 256,
12subchapter VII, part 4, or chapter 261B or section 714.17,
13subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
14714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
15section 714.25, if the provisions of the interstate reciprocity
16agreement require such registration or compliance.
175. Students attending a participating nonresident
18institution are ineligible for state student financial aid
19programs established under chapter 261 256, subchapter VII,
20part 4.
21 Sec. 2663. CODE EDITOR DIRECTIVE.
221. The Code editor is directed to make the following
23transfers:
24a. Section 261.1 to section 256.176.
25b. Section 261.2 to section 256.177.
26c. Section 261.3 to section 256.178.
27d. Section 261.4 to section 256.179.
28e. Section 261.5 to section 256.180.
29f. Section 261.7 to section 256.181.
30g. Section 261.8 to section 256.182.
31h. Section 261.9 to section 256.183.
32i. Section 261.10 to section 256.184.
33j. Section 261.11 to section 256.185.
34k. Section 261.12 to section 256.186.
35l. Section 261.13 to section 256.187.
-1458- 1m. Section 261.14 to section 256.188.
2n. Section 261.15 to section 256.189.
3o. Section 261.16 to section 256.190.
4p. Section 261.16A to section 256.191.
5q. Section 261.17 to section 256.192.
6r. Section 261.20 to section 256.193.
7s. Section 261.25 to section 256.194.
8t. Section 261.35 to section 256.195.
9u. Section 261.36 to section 256.196.
10v. Section 261.37 to section 256.197.
11w. Section 261.38 to section 256.198.
12x. Section 261.42 to section 256.199.
13y. Section 261.43 to section 256.200.
14z. Section 261.43A to section 256.201.
15aa. Section 261.62 to section 256.202.
16ab. Section 261.71 to section 256.203.
17ac. Section 261.72 to section 256.204.
18ad. Section 261.73 to section 256.205.
19ae. Section 261.81 to section 256.206.
20af. Section 261.83 to section 256.207.
21ag. Section 261.84 to section 256.208.
22ah. Section 261.85 to section 256.209.
23ai. Section 261.86 to section 256.210.
24aj. Section 261.86A to section 256.211.
25ak. Section 261.87 to section 256.212.
26al. Section 261.101 to section 256.213.
27am. Section 261.102 to section 256.214.
28an. Section 261.103 to section 256.215.
29ao. Section 261.104 to section 256.216.
30ap. Section 261.105 to section 256.217.
31aq. Section 261.110 to section 256.218.
32ar. Section 261.111 to section 256.219.
33as. Section 261.112 to section 256.220.
34at. Section 261.113 to section 256.221.
35au. Section 261.114 to section 256.222.
-1459- 1av. Section 261.115 to section 256.223.
2aw. Section 261.116 to section 256.224.
3ax. Section 261.117 to section 256.225.
4ay. Section 261.120 to section 256.226.
5az. Section 261.130 to section 256.227.
6ba. Section 261.131 to section 256.228.
7bb. Section 261.132 to section 256.229.
82. The Code editor shall correct internal references in the
9Code and in any enacted legislation as necessary due to the
10enactment of this section.
113. a. The Code editor may designate sections 256.176
12through 256.229, as enacted in this division of this Act, as
13new part 4 entitled “College Student Aid Commission” within the
14subchapter entitled “Higher education division” as enacted by
15another division of this Act.
16b. The Code editor shall designate sections 256.176 through
17256.229 into the following subparts:
18(1) Sections 256.176 through 256.182 shall be designated as
19subpart A and entitled “General Provisions”.
20(2) Sections 256.183 through 256.194 shall be designated as
21subpart B and entitled “Tuition Grants to Students”.
22(3) Sections 256.195 through 256.201 shall be designated as
23subpart C and entitled “Iowa Guaranteed Loan Program”.
24(4) Section 256.202 shall be designated as subpart D and
25entitled “Iowa State Fair Scholarship”.
26(5) Sections 256.203 through 256.205 shall be designated
27as subpart E and entitled “Chiropractic Graduate Student
28Forgivable Loan Program”.
29(6) Sections 256.206 through 256.209 shall be designated as
30subpart F and entitled “Work-Study Program”.
31(7) Sections 256.210 through 256.211 shall be designated as
32subpart G and entitled “National Guard Educational Assistance”.
33(8) Section 256.212 shall be designated as subpart H and
34entitled “All Iowa Opportunity Scholarships”.
35(9) Sections 256.213 through 256.217 shall be designated as
-1460-1subpart I and entitled “Minority Academic Grants for Economic
2Success”.
3(10) Sections 256.218 through 256.220 shall be designated
4as subpart J and entitled “Teach Iowa Scholar Grants and
5Teacher Shortage Forgivable Loan and Loan Forgiveness
6Programs”.
7(11) Sections 256.221 through 256.226 shall be designated
8as subpart K and entitled “Other Loan Repayment and Forgiveness
9Programs — Health Professions”.
10(12) Sections 256.227 through 256.229 shall be designated
11as subpart L and entitled “Skilled Workforce Shortage Tuition
12Grant Program”.
13 Sec. 2664. TRANSITION PROVISIONS.
141. Any scholarship, loan, or grant awarded under a
15program administered by the college student aid commission in
16accordance with chapter 261 prior to the effective date of this
17division of this Act is valid and shall continue as provided in
18the terms of the scholarship, loan, or grant.
192. Federal funds utilized by the college student aid
20commission prior to the effective date of this division of this
21Act to employ personnel necessary for the administration of the
22college student aid commission’s programs shall be applied to
23and be available for the transfer of such personnel from the
24college student aid commission to the higher education division
25of the department of education.
26 Sec. 2665. APPLICABILITY. This division of this Act
27applies to individuals appointed as the executive director of
28the college student aid commission before, on, or after the
29effective date of this division of this Act.
30COMMUNITY COLLEGES BUREAU
31 Sec. 2666. Section 256.9, subsection 36, Code 2023, is
32amended by striking the subsection.
33 Sec. 2667. Section 260C.2, Code 2023, is amended by adding
34the following new subsections:
35 NEW SUBSECTION. 01. “Bureau” means the community colleges
-1461-1bureau of the higher education division of the department
2established under section 260C.6.
3 NEW SUBSECTION. 001. “Bureau chief” means the bureau
4chief of the community colleges bureau of the higher education
5division of the department.
6 Sec. 2668. Section 260C.5, Code 2023, is amended to read as
7follows:
8260C.5 Duties of director Community colleges bureau — duties
9of bureau chief.
10The director shall appoint the bureau chief, and the bureau
11chief shall direct the work of the personnel as necessary to
12carry out this chapter. The bureau chief shall do all of the
13following:
141. Designate a community college as an “area career and
15technical education school” within the meaning of, and for the
16purpose of administering, the federal Carl D. Perkins Career
17and Technical Education Improvement Act of 2006. A community
18college shall not be so designated by the director bureau chief
19 for the expenditure of funds under 20 U.S.C. §2301 et seq.,
20as amended, which has not been designated and classified as a
21community college by the state board.
222. Change boundaries of director districts in a merged area
23when the board fails to change boundaries as required by law.
243. Make changes in boundaries of merged areas with the
25approval of the board of directors of each merged area affected
26by the change. When the boundaries of a merged area are
27changed, the director of the department of education bureau
28chief may authorize the board of directors of the merged area
29to levy additional taxes upon the property within the merged
30area, or any part of the merged area, and distribute the taxes
31so that all parts of the merged area are paying their share
32toward the support of the college.
334. Administer, allocate, and disburse federal or state
34funds made available to pay a portion of the cost of acquiring
35sites for and constructing, acquiring, or remodeling facilities
-1462-1for community colleges, and establish priorities for the use
2of such funds.
35. Administer, allocate, and disburse federal or state
4funds available to pay a portion of the operating costs of
5community colleges.
66. Propose administrative rules to carry out this chapter
7subject to approval of the state board.
87. Enter into contracts with local school boards within the
9area that have and maintain a career and technical education
10program and with private schools or colleges in the cooperative
11or merged areas to provide courses or programs of study in
12addition to or as a part of the curriculum made available in
13the community college.
148. Make arrangements with boards of merged areas and local
15school districts to permit students attending high school to
16participate in career and technical education programs and
17advanced college placement courses and obtain credit for such
18participation for application toward the completion of a high
19school diploma. The granting of credit is subject to the
20approval of the director of the department of education bureau
21chief.
229. Prescribe a uniform system of accounting for community
23colleges.
2410. Ensure that community colleges that provide
25intercollegiate athletics as a part of their program comply
26with section 216.9.
2711. Develop an application and review process for approval
28of administrative and program sharing agreements between two
29or more community colleges or a community college and an
30institution of higher education under the board of regents
31entered into pursuant to section 260C.46.
32 Sec. 2669. Section 260C.6, Code 2023, is amended to read as
33follows:
34260C.6 Community colleges division in department bureau in
35the higher education division.
-1463- 1A community colleges division bureau shall be established
2within the higher education division of the department of
3education. The division bureau shall exercise the powers and
4perform the duties conferred by law upon the department with
5respect to community colleges.
6 Sec. 2670. Section 260C.14, subsection 2, Code 2023, is
7amended to read as follows:
82. Have authority to determine tuition rates for
9instruction. Tuition for residents of Iowa shall not exceed
10the lowest tuition rate per semester, or the equivalent,
11charged by an institution of higher education under the state
12board of regents for a full-time resident student. However,
13except for students enrolled under section 261E.6, if a local
14school district pays tuition for a resident pupil of high
15school age, the limitation on tuition for residents of Iowa
16shall not apply, the amount of tuition shall be determined
17by the board of directors of the community college with the
18consent of the local school board, and the pupil shall not
19be included in the full-time equivalent enrollment of the
20community college for the purpose of computing general aid to
21the community college. Tuition for nonresidents of Iowa shall
22not be less than the marginal cost of instruction of a student
23attending the college. A lower tuition for nonresidents may be
24permitted under a reciprocal tuition agreement between a merged
25area and an educational institution in another state, if the
26agreement is approved by the director bureau chief. The board
27may designate that a portion of the tuition moneys collected
28from students be used for student aid purposes.
29 Sec. 2671. Section 260C.14, subsection 21, paragraph a,
30unnumbered paragraph 1, Code 2023, is amended to read as
31follows:
32Annually, by October 1, submit to the department of
33education bureau through the management information system, at
34a minimum, in the manner prescribed by the department bureau
35 the following information for the previous fiscal year:
-1464-1 Sec. 2672. Section 260C.14, subsection 21, paragraph b,
2Code 2023, is amended to read as follows:
3b. The department of education bureau shall define the
4annual supplemental financial reporting required of all
5community colleges regarding revenues received through the
6delivery of college credit courses to high school students.
7The board of directors of each community college shall
8incorporate into their student management information systems
9the unique student identifier used by school districts as
10provided by the department of education to school districts.
11 Sec. 2673. Section 260C.18, subsection 1, Code 2023, is
12amended to read as follows:
131. Federal funds made available and administered by the
14director of the department of education, for purposes provided
15by federal laws, rules, and regulations.
16 Sec. 2674. Section 260C.28, subsection 2, Code 2023, is
17amended to read as follows:
182. However, the board of directors may annually certify
19for levy a tax on taxable property in the merged area at a
20rate in excess of the three cents per thousand dollars of
21assessed valuation specified under subsection 1 if the excess
22tax levied does not cause the total rate certified to exceed a
23rate of nine cents per thousand dollars of assessed valuation,
24and the excess revenue generated is used for purposes of
25program sharing between community colleges or for the purchase
26of instructional equipment. Programs that are shared shall
27be designed to increase student access to community college
28programs and to achieve efficiencies in program delivery at the
29community colleges, including, but not limited to, the programs
30described under section 260C.46. Prior to expenditure of the
31excess revenues generated under this subsection, the board of
32directors shall obtain the approval of the director of the
33department of education bureau chief.
34 Sec. 2675. Section 260C.35, Code 2023, is amended to read
35as follows:
-1465- 1260C.35 Limitation on land.
21. A merged area shall not purchase land which will increase
3the aggregate of land owned by the merged area, excluding land
4acquired by donation or gift, to more than three hundred twenty
5acres without the approval of the director of the department
6of education bureau chief. The limitation does not apply to
7a merged area owning more than three hundred twenty acres,
8excluding land acquired by donation or gift, prior to January
91, 1969.
102. With the approval of the director of the department of
11education bureau chief, the board of directors of a merged
12area at any time may sell any land in excess of one hundred
13sixty acres owned by the merged area, and an election is not
14necessary in connection with the sale. The proceeds of the
15sale may be used for any of the purposes stated in section
16260C.22. This subsection is in addition to any authority under
17other provisions of law.
18 Sec. 2676. Section 260C.36, subsection 2, Code 2023, is
19amended to read as follows:
202. The committee shall submit the plan to the board of
21directors, which shall consider the plan and, once approved,
22submit the plan to the department of education bureau and
23implement the plan not later than July 1, 2003.
24 Sec. 2677. Section 260C.36, subsection 4, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26The department of education bureau shall establish the
27following committees:
28 Sec. 2678. Section 260C.36, subsection 4, paragraphs a and
29c, Code 2023, are amended to read as follows:
30a. An ad hoc accreditation quality faculty plan protocol
31committee to advise the department bureau in the development
32of protocols related to the quality faculty planning process
33to be used by the accreditation teams during site visits. The
34committee shall, at a minimum, determine what types of evidence
35need to be provided, develop interview procedures and visit
-1466-1goals, and propose accreditation protocol revisions.
2c. A community college faculty advisory committee consisting
3of one member and one alternate from each community college,
4appointed by the committee established pursuant to subsection
51. The committee membership shall be equally represented by
6individuals from the liberal arts and sciences faculty and
7the career and technical faculty. The committee shall, at a
8minimum, keep faculty informed of higher education issues,
9facilitate communication between the faculty and the department
10 bureau on an ongoing basis, and serve as an advisory committee
11to the department bureau and community colleges on faculty
12issues.
13 Sec. 2679. Section 260C.36, subsection 4, paragraph b,
14subparagraph (4), Code 2023, is amended to read as follows:
15(4) Assist the department bureau and community colleges in
16developing professional development consortia.
17 Sec. 2680. Section 260C.39, subsection 2, Code 2023, is
18amended to read as follows:
192. If the vote is favorable in each merged area, the boards
20of each area shall proceed to transfer the assets, liabilities,
21and facilities of the areas to the combined merged area, and
22shall serve as the acting board of the combined merged area
23until a new board of directors is elected. The acting board
24shall submit to the director of the department of education
25 bureau chief a plan for redistricting the combined merged area,
26and upon receiving approval from the director bureau chief,
27shall provide for the election of a director from each new
28district at the next regular school election. The directors
29elected from each new district shall determine their terms by
30lot so that the terms of one-third of the members, as nearly
31as may be, expire each year. Election of directors for the
32combined merged area shall follow the procedures established
33for election of directors of a merged area. A combined merged
34area is subject to all provisions of law and rules governing
35merged areas.
-1467-1 Sec. 2681. Section 260C.46, Code 2023, is amended to read
2as follows:
3260C.46 Program and administrative sharing.
4By September 1, 1990, the department The bureau shall
5establish guidelines and an approval process for program
6sharing agreements and for administrative sharing agreements
7entered into by two or more community colleges or by a
8community college and a higher education institution under the
9control of the board of regents. Guidelines established shall
10be designed to increase student access to programs, enhance
11educational program offerings throughout the state, and enhance
12interinstitutional cooperation in program offerings.
13DIVISION XV
14COMMERCE
15CONSUMER ADVOCATE
16 Sec. 2682. Section 475A.3, subsections 1 and 3, Code 2023,
17are amended to read as follows:
181. Office. The office of consumer advocate shall be a
19separate division of the department of justice and located at
20the same location as the utilities division of the department
21of commerce board. Administrative support services may be
22provided to the consumer advocate division by the department of
23commerce utilities board.
243. Salaries, expenses, and appropriation. The salary of
25the consumer advocate shall be fixed by the attorney general
26within the salary range set by the general assembly. The
27salaries of employees of the consumer advocate shall be at
28rates of compensation consistent with current standards in
29industry. The reimbursement of expenses for the employees and
30the consumer advocate is as provided by law. The appropriation
31for the office of consumer advocate shall be a separate line
32item contained in the appropriation from the department of
33 commerce revolving fund created in section 546.12.
34 Sec. 2683. Section 475A.4, Code 2023, is amended to read as
35follows:
-1468- 1475A.4 Utilities division board records.
2The consumer advocate has free access to all the files,
3records, and documents in the office of the utilities division
4 board except:
51. Personal information in confidential personnel records
6of the utilities division board.
72. Records which represent and constitute the work product
8of the general counsel of the utilities board, and records of
9confidential communications between utilities board members and
10their general counsel, where the records relate to a proceeding
11before the board in which the consumer advocate is a party or
12a proceeding in any state or federal court in which both the
13board and the consumer advocate are parties.
143. Customer information of a confidential nature which
15could jeopardize the customer’s competitive status and
16is provided by the utility to the division board. Such
17information shall be provided to the consumer advocate by the
18division board, if the board determines it to be in the public
19interest.
20 Sec. 2684. Section 475A.6, Code 2023, is amended to read as
21follows:
22475A.6 Certification of expenses to utilities division board.
231. a. The consumer advocate shall determine the advocate’s
24expenses, including a reasonable allocation of general office
25expenses, directly attributable to the performance of the
26advocate’s duties involving specific persons subject to direct
27assessment, and shall certify the expenses to the utilities
28division board not less than quarterly. The expenses shall
29then be includable in the expenses of the division board
30 subject to direct assessment under section 476.10.
31b. The consumer advocate shall annually, within ninety
32days after the close of each fiscal year, determine the
33advocate’s expenses, including a reasonable allocation of
34general office expenses, attributable to the performance of the
35advocate’s duties generally, and shall certify the expenses
-1469-1to the utilities division board. The expenses shall then be
2includable in the expenses of the division board subject to
3remainder assessment under section 476.10.
42. The consumer advocate is entitled to notice and
5opportunity to be heard in any utilities board proceeding
6on objection to an assessment for expenses certified by the
7consumer advocate. Expenses assessed under this section shall
8not exceed the amount appropriated for the consumer advocate
9division of the department of justice.
103. The office of consumer advocate may expend additional
11funds, including funds for outside consultants, if those
12additional expenditures are actual expenses which exceed
13the funds budgeted for the performance of the advocate’s
14duties. Before the office expends or encumbers an amount in
15excess of the funds budgeted, the director of the department
16of management shall approve the expenditure or encumbrance.
17Before approval is given, the director of the department of
18management shall determine that the expenses exceed the funds
19budgeted by the general assembly to the office of consumer
20advocate and that the office does not have other funds from
21which such expenses can be paid. Upon approval of the director
22of the department of management, the office may expend and
23encumber funds for excess expenses. The amounts necessary
24to fund the excess expenses shall be collected from those
25utilities or persons which caused the excess expenditures,
26and the collections shall be treated as repayment receipts as
27defined in section 8.2, subsection 8.
28IOWA UTILITIES BOARD
29 Sec. 2685. Section 6A.21, subsection 2, Code 2023, is
30amended to read as follows:
312. The limitation on the definition of public use,
32public purpose, or public improvement does not apply to the
33establishment, relocation, or improvement of a road pursuant
34to chapter 306, or to the establishment of a railway under the
35supervision of the department of transportation as provided in
-1470-1section 327C.2, or to an airport as defined in section 328.1,
2or to land acquired in order to replace or mitigate land used
3in a road project when federal law requires replacement or
4mitigation. This limitation also does not apply to utilities,
5persons, companies, or corporations under the jurisdiction of
6the Iowa utilities board in the department of commerce or to
7any other utility conferred the right by statute to condemn
8private property or to otherwise exercise the power of eminent
9domain, except to the extent such purpose includes construction
10of aboveground merchant lines.
11 Sec. 2686. Section 6B.42, subsection 2, paragraphs b and d,
12Code 2023, are amended to read as follows:
13b. A person aggrieved by a determination made by a utility
14as to eligibility for relocation assistance, a payment, or
15the amount of the payment, upon application, may have the
16matter reviewed by the utilities division of the department of
17commerce board.
18d. A utility or railroad subject to this section that
19proposes to displace a person shall inform the person of the
20person’s right to receive relocation assistance and payments,
21and of an aggrieved person’s right to appeal to the utilities
22division of the department of commerce board or the state
23department of transportation.
24 Sec. 2687. Section 6B.45, subsection 1, Code 2023, is
25amended to read as follows:
261. When any real property or interest in real property
27is to be purchased, or in lieu thereof to be condemned, the
28acquiring agency or its agent shall submit to the person,
29corporation, or entity whose property or interest in the
30property is to be taken, by ordinary mail, at least ten days
31prior to the date upon which the acquiring agency or its agent
32contacts the property owner to commence negotiations, a copy
33of the appraisal in its entirety upon such real property or
34interest in such real property prepared for the acquiring
35agency or its agent, which shall include, at a minimum, an
-1471-1itemization of the appraised value of the real property or
2interest in the property, any buildings on the property, all
3other improvements including fences, severance damages, and
4loss of access. In determining fair market value of property,
5the acquiring agency shall not consider only the assessed value
6assigned to such property for purposes of property taxation.
7The appraisal sent to the condemnee shall be that appraisal
8upon which the condemnor will rely to establish an amount
9which the condemnor believes to be just compensation for the
10real property. All other appraisals made on the property as a
11result of the condemnation proceeding shall be made available
12to the condemnee upon request. In lieu of an appraisal, a
13utility or person under the jurisdiction of the utilities board
14of the department of commerce, or any other utility conferred
15the right by statute to condemn private property, shall provide
16in writing by certified mail to the owner of record thirty
17days prior to negotiations, the methods and factors used in
18arriving at an offered price for voluntary easements including
19the range of cash amount of each component. An acquiring
20agency may obtain a signed written waiver from the landowner to
21allow negotiations to commence prior to the expiration of the
22applicable waiting period for the commencement of negotiations.
23 Sec. 2688. Section 6B.54, subsections 2 and 3, Code 2023,
24are amended to read as follows:
252. Real property shall be appraised as required by section
266B.45 before the initiation of negotiations, and the owner
27or the owner’s designated representative shall be given
28an opportunity to accompany at least one appraiser of the
29acquiring agency during an inspection of the property, except
30that an acquiring agency may prescribe a procedure to waive the
31appraisal in cases involving the acquisition of property with
32a low fair market value. In lieu of an appraisal, a utility
33or person under the jurisdiction of the utilities board of the
34department of commerce, or any other utility conferred the
35right by statute to condemn private property, shall provide in
-1472-1writing by certified mail to the owner of record thirty days
2before negotiations, the methods and factors used in arriving
3at an offered price for voluntary easements including the range
4of cash amount of each component.
53. Before the initiation of negotiations for real property,
6the acquiring agency shall establish an amount which it
7believes to be just compensation for the real property, and
8shall make a prompt offer to acquire the property for the full
9amount established by the agency. In no event shall the amount
10be less than the fair market value the acquiring agency has
11established for the property or property interest pursuant
12to the appraisal required in section 6B.45 or less than the
13value determined under the acquiring agency’s waiver procedure
14established pursuant to subsection 2. A purchase offer made
15by an acquiring agency shall include provisions for payment to
16the owner of expenses, including relocation expenses, expenses
17listed in subsection 10, and other expenses required by law
18to be paid by an acquiring agency to a condemnee. However,
19in the alternative, the acquiring agency may make, and the
20owner may accept, a purchase offer from the acquiring agency
21that is an amount equal to one hundred thirty percent of the
22appraisal amount plus payment to the owner of expenses listed
23in subsection 10, once those expenses have been determined. If
24the owner accepts such a purchase offer, the owner is barred
25from claiming payment from the acquiring agency for any other
26expenses allowed by law. In the case of a utility or person
27under the jurisdiction of the utilities board of the department
28of commerce, or any other utility conferred the right by
29statute to condemn private property, the amount shall not be
30less than the amount indicated by the methods and factors used
31in arriving at an offered price for a voluntary easement. The
32option to make an alternative purchase offer does not apply
33when property is being acquired for street and highway projects
34undertaken by the state, a county, or a city.
35 Sec. 2689. Section 8C.2, subsection 3, paragraph b, Code
-1473-12023, is amended to read as follows:
2b. The utilities division of the department of commerce
3 board.
4 Sec. 2690. Section 12.10, Code 2023, is amended to read as
5follows:
612.10 Deposits by state officers.
7Except as otherwise provided, all elective and appointive
8state officers, boards, commissions, and departments shall,
9within ten days succeeding the collection, deposit with the
10treasurer of state, or to the credit of the treasurer of state
11in any depository designated by the treasurer of state, ninety
12percent of all fees, commissions, and moneys collected or
13received. The balance actually collected in cash, remaining
14in the hands of any officer, board, or department shall not
15exceed the sum of five thousand dollars and money collected
16shall not be held more than thirty days. This section does not
17apply to the state fair board, the state board of regents, the
18utilities board of the department of commerce, the director of
19the department of human services, the Iowa finance authority or
20to the funds received by the state racing and gaming commission
21under sections 99D.7 and 99D.14.
22 Sec. 2691. Section 13.7, subsection 1, Code 2023, is amended
23to read as follows:
241. Compensation shall not be allowed to any person for
25services as an attorney or counselor to an executive department
26of the state government, or the head of an executive department
27of state government, or to a state board or commission.
28However, the executive council may authorize employment of
29legal assistance, at a reasonable compensation, in a pending
30action or proceeding to protect the interests of the state,
31but only upon a sufficient showing, in writing, made by the
32attorney general, that the department of justice cannot for
33reasons stated by the attorney general perform the service.
34The reasons and action of the executive council shall be
35entered upon its records. If the attorney general determines
-1474-1that the department of justice cannot perform legal service
2in an action or proceeding, the executive council shall
3request the department involved in the action or proceeding
4to recommend legal counsel to represent the department. If
5the attorney general concurs with the department that the
6person recommended is qualified and suitable to represent the
7department, the person recommended shall be employed. If the
8attorney general does not concur in the recommendation, the
9department shall submit a new recommendation. This subsection
10does not affect the general counsel for the utilities board of
11the department of commerce, the legal counsel of the department
12of workforce development, or the general counsel for the
13property assessment appeal board.
14 Sec. 2692. Section 15H.6, subsection 1, Code 2023, is
15amended to read as follows:
161. The commission, in collaboration with the department of
17natural resources, the department of workforce development,
18and the utilities board of the department of commerce, shall
19establish an Iowa green corps program. The commission shall
20work with the collaborating agencies and nonprofit agencies
21in developing a strategy for attracting additional financial
22resources for the program from other sources which may include
23but are not limited to utilities, private sector, and local,
24state, and federal government funding sources. The financial
25resources received shall be credited to the community programs
26account created pursuant to section 15H.5.
27 Sec. 2693. Section 22.7, subsection 71, Code 2023, is
28amended to read as follows:
2971. Information and records related to cyber security
30information or critical infrastructure, the disclosure of which
31may expose or create vulnerability to critical infrastructure
32systems, held by the utilities board of the department of
33commerce or the department of homeland security and emergency
34management for purposes relating to the safeguarding of
35telecommunications, electric, water, sanitary sewage, storm
-1475-1water drainage, energy, hazardous liquid, natural gas, or
2other critical infrastructure systems. For purposes of this
3subsection, “cyber security information” includes but is not
4limited to information relating to cyber security defenses,
5threats, attacks, or general attempts to attack cyber system
6operations.
7 Sec. 2694. Section 313.4, subsection 4, paragraph b, Code
82023, is amended to read as follows:
9b. The costs of serving freeway lighting for each utility
10providing the service shall be determined by the utilities
11division of the department of commerce board, and rates for
12such service shall be no higher than necessary to recover these
13costs. Funds received under the provisions of this subsection
14shall be used solely for the operation and maintenance of a
15freeway lighting system.
16 Sec. 2695. Section 320.4, subsection 1, Code 2023, is
17amended to read as follows:
181. To lay gas mains in highways outside cities to local
19municipal distributing plants or companies, but not to pipeline
20companies. This section shall not apply to or include pipeline
21companies required to obtain a license from the utilities
22division of the department of commerce board.
23 Sec. 2696. Section 357A.19, Code 2023, is amended to read
24as follows:
25357A.19 Not exempt from other requirements.
26This chapter does not exempt any district from the
27requirements of any other statute, whether enacted prior to
28or subsequent to July 1, 1970, under which the district is
29required to obtain the permission or approval of, or to notify,
30the department, the utilities division of the department
31of commerce board, or any other agency of this state or of
32any of its political subdivisions prior to proceeding with
33construction, acquisition, operation, enlargement, extension,
34or alteration of any works or facilities which the district is
35authorized to undertake pursuant to this chapter.
-1476-1 Sec. 2697. Section 364.3, subsection 13, paragraph b,
2subparagraph (2), Code 2023, is amended to read as follows:
3(2) Paragraph “a” does not apply to an ordinance, motion,
4resolution, or amendment relating to the rates, services, or
5governance of a public utility providing gas service to the
6public for compensation and subject to the jurisdiction of
7the utilities board of the department of commerce pursuant to
8section 476.1B.
9 Sec. 2698. Section 364.23, Code 2023, is amended to read as
10follows:
11364.23 Energy-efficient lighting required.
12All city-owned exterior flood lighting, including but not
13limited to street and security lighting but not including era
14or period lighting which has a minimum efficiency rating of
15fifty-eight lumens per watt and not including stadium or ball
16park lighting, shall be replaced, when worn-out, exclusively
17with high pressure sodium lighting or lighting with equivalent
18or better energy efficiency as approved in rules adopted by the
19utilities board within the utilities division of the department
20of commerce. In lieu of the requirements established for
21replacement lighting under this section, stadium or ball park
22lighting shall be replaced, when worn-out, with the most
23energy-efficient lighting available at the time of replacement
24which may include metal halide, high-pressure sodium, or other
25light sources which may be developed.
26 Sec. 2699. Section 384.84, subsection 3, paragraph a, Code
272023, is amended to read as follows:
28a. A city utility or enterprise service to a property or
29premises, including services of sewer systems, storm water
30drainage systems, sewage treatment, solid waste collection,
31water, solid waste disposal, or any of these services, may be
32discontinued or disconnected if the account for the service
33becomes delinquent. Gas or electric service provided by a city
34utility or enterprise shall be discontinued or disconnected
35only as provided by section 476.20, subsections 1 through
-1477-14, and discontinuance or disconnection of those services
2is subject to rules adopted by the utilities board of the
3department of commerce.
4 Sec. 2700. Section 422.93, Code 2023, is amended to read as
5follows:
6422.93 Public utility accounting method.
7Nothing in this chapter shall be construed to require the
8utilities board of the department of commerce to allow or
9require the use of any particular method of accounting by
10any public utility to compute its tax expense, depreciation
11expense, or operating expense for purposes of establishing its
12cost of service for rate-making purposes and for reflecting
13operating results in its regulated books of account.
14 Sec. 2701. Section 474.1, Code 2023, is amended to read as
15follows:
16474.1 Creation of division and board — organization.
171. A utilities division board is created within the
18department of commerce. The policymaking body for the division
19is the utilities board which is created within the division.
20 The board is composed shall consist of three members appointed
21by the governor and subject to confirmation by the senate, not
22more than two of whom shall be from the same political party.
23Each member appointed shall serve for six-year staggered terms
24beginning and ending as provided by section 69.19. Vacancies
25shall be filled for the unexpired portion of the term in the
26same manner as full-term appointments are made.
272. a. Subject to confirmation by the senate, the governor
28shall appoint a member as the chairperson of the board. The
29chairperson shall be the administrator of the utilities
30division board. The appointment as chairperson shall be for
31a two-year term which begins and ends as provided in section
3269.19.
33b. The board shall appoint a chief operating officer to
34manage the operations of the utilities division as directed
35by the board. The board shall set the salary of the chief
-1478-1operating officer within the limits of the pay plan for exempt
2positions provided for in section 8A.413, subsection 3, unless
3otherwise provided by the general assembly. The board may
4employ additional personnel as it finds necessary.
53. The utilities board shall regulate and supervise public
6utilities operating in the state. The board shall enforce and
7implement chapters 476, 476A, 477C, 478, 479, 479A, and 479B
8and shall perform other duties assigned to it by law.
93. 4. As used in this chapter and chapters 475A, 476,
10476A, 477C, 478, 479, 479A, and 479B, “division” “board” and
11“utilities division” “utilities board” mean the Iowa utilities
12division of the department of commerce board.
13 Sec. 2702. Section 476.1, subsection 1, Code 2023, is
14amended to read as follows:
151. The utilities board within the utilities division of the
16department of commerce shall regulate the rates and services of
17public utilities to the extent and in the manner hereinafter
18provided.
19 Sec. 2703. Section 476.1, subsection 2, Code 2023, is
20amended by striking the subsection.
21 Sec. 2704. Section 476.1A, subsection 1, paragraph a, Code
222023, is amended to read as follows:
23a. Assessment of fees for the support of the division
24 board and the office of consumer advocate, pursuant to section
25476.10.
26 Sec. 2705. Section 476.1B, subsection 1, paragraph a, Code
272023, is amended to read as follows:
28a. Assessment of fees for the support of the division board
29 and the office of consumer advocate, as set forth in section
30476.10.
31 Sec. 2706. Section 476.3, subsection 2, Code 2023, is
32amended to read as follows:
332. If, as a result of a review procedure conducted under
34section 476.31, a review conducted under section 476.32, a
35special audit, an investigation by division board staff, or
-1479-1an investigation by the consumer advocate, a petition is
2filed with the board by the consumer advocate, alleging that
3a utility’s rates are excessive, the disputed amount shall be
4specified in the petition. The public utility shall, within
5the time prescribed by the board, file a bond or undertaking
6approved by the board conditioned upon the refund in a manner
7prescribed by the board of amounts collected after the date of
8filing of the petition in excess of rates or charges finally
9determined by the board to be lawful. If upon hearing the
10board finds that the utility’s rates are unlawful, the board
11shall order a refund, with interest, of amounts collected
12after the date of filing of the petition that are determined
13to be in excess of the amounts which would have been collected
14under the rates finally approved. However, the board shall
15not order a refund that is greater than the amount specified
16in the petition, plus interest, and if the board fails to
17render a decision within ten months following the date of
18filing of the petition, the board shall not order a refund of
19any excess amounts that are collected after the expiration of
20that ten-month period and prior to the date the decision is
21rendered.
22 Sec. 2707. Section 476.10, Code 2023, is amended to read as
23follows:
24476.10 Investigations — expense — appropriation.
251. a. In order to carry out the duties imposed upon
26it by law, the board may, at its discretion, allocate and
27charge directly the expenses attributable to its duties to
28the person bringing a proceeding before the board, to persons
29participating in matters before the board, or to persons
30subject to inspection by the board. The board shall ascertain
31the certified expenses incurred and directly chargeable by
32the consumer advocate division of the department of justice
33in the performance of its duties. The board and the consumer
34advocate separately may decide not to charge expenses to
35persons who, without expanding the scope of the proceeding
-1480-1or matter, intervene in good faith in a board proceeding
2initiated by a person subject to the board’s jurisdiction,
3the consumer advocate, or the board on its own motion. For
4assessments in any proceedings or matters before the board, the
5board and the consumer advocate separately may consider the
6financial resources of the person, the impact of assessment on
7participation by intervenors, the nature of the proceeding or
8matter, and the contribution of a person’s participation to the
9public interest. The board may present a bill for expenses
10under this subsection to the person, either at the conclusion
11of a proceeding or matter, or from time to time during its
12progress. Presentation of a bill for expenses under this
13subsection constitutes notice of direct assessment and request
14for payment in accordance with this section.
15b. The board shall ascertain the total of the division’s
16 board’s expenses incurred during each fiscal year in the
17performance of its duties under law. The board shall add to
18the total of the division’s board’s expenses the certified
19expenses of the consumer advocate as provided under section
20475A.6. The board shall deduct all amounts charged directly
21to any person from the total expenses of the board and the
22consumer advocate. The board may assess the amount remaining
23after the deduction to all persons providing service over which
24the board has jurisdiction in proportion to the respective
25gross operating revenues of such persons from intrastate
26operations during the last calendar year over which the board
27has jurisdiction. For purposes of determining gross operating
28revenues under this section, the board shall not include gross
29receipts received by a cooperative corporation or association
30for wholesale transactions with members of the cooperative
31corporation or association, provided that the members are
32subject to assessment by the board based upon the members’
33gross operating revenues, or provided that such a member is
34an association whose members are subject to assessment by the
35board based upon the members’ gross operating revenues. If
-1481-1any portion of the remainder can be identified with a specific
2type of utility service, the board shall assess those expenses
3only to the entities providing that type of service over which
4the board has jurisdiction. The board may make the remainder
5assessments under this paragraph to some or all persons
6providing service over which the board has jurisdiction, based
7upon estimates of the expenditures for the fiscal year for
8the utilities division board and the consumer advocate. Not
9more than ninety days following the close of the fiscal year,
10the utilities division board shall conform the amount of the
11prior fiscal year’s assessments to the requirements of this
12paragraph. For gas and electric public utilities exempted from
13rate regulation pursuant to this chapter, and for providers
14of telecommunications service required to register with the
15board pursuant to section 476.95A that are exempted from rate
16regulation pursuant to this chapter, the remainder assessments
17under this paragraph shall be computed at one-half the rate
18used in computing the assessment for other persons.
192. a. A person subject to a charge or assessment shall
20pay the division board the amount charged or assessed against
21the person within thirty days from the time the division board
22 provides notice to the person of the amount due, unless the
23person files an objection in writing with the board setting out
24the grounds upon which the person claims that such charge or
25assessment is excessive, unreasonable, erroneous, unlawful, or
26invalid. Upon receipt of an objection, the board shall set the
27matter for hearing and issue its order in accordance with its
28findings in the proceeding.
29b. The order shall be subject to review in the manner
30provided in this chapter. All amounts collected by the
31division board pursuant to the provisions of this section
32shall be deposited with the treasurer of state and credited to
33the department of commerce revolving fund created in section
34546.12. Such amounts shall be spent in accordance with the
35provisions of chapter 8.
-1482- 13. Whenever the board shall deem it necessary in order
2to carry out the duties imposed upon it in connection with
3rate regulation under section 476.6, investigations under
4section 476.3, or review proceedings under section 476.31,
5the board may employ additional temporary or permanent staff,
6or may contract with persons who are not state employees for
7engineering, accounting, or other professional services, or
8both. The costs of these additional employees and contract
9services shall be paid by the public utility whose rates
10are being reviewed in the same manner as other expenses are
11paid under this section. Beginning on July 1, 1991, there
12is appropriated out of any funds in the state treasury not
13otherwise appropriated, such sums as may be necessary to enable
14the board to hire additional staff and contract for services
15under this section. The board shall increase quarterly
16assessments specified in subsection 1, paragraph “b”, by
17amounts necessary to enable the board to hire additional staff
18and contract for services under this section. The authority to
19hire additional temporary or permanent staff that is granted to
20the board by this section shall not be subject to limitation
21by any administrative or executive order or decision that
22restricts the number of state employees or the filling of
23employee vacancies, and shall not be subject to limitation
24by any law of this state that restricts the number of state
25employees or the filling of employee vacancies unless that
26law is made applicable to this section by express reference
27to this section. Before the board expends or encumbers an
28amount in excess of the funds budgeted for rate regulation and
29before the board increases quarterly assessments pursuant to
30this subsection, the director of the department of management
31shall approve the expenditure or encumbrance. Before approval
32is given, the director of the department of management shall
33determine that the expenses exceed the funds budgeted by the
34general assembly to the board for rate regulation and that
35the board does not have other funds from which the expenses
-1483-1can be paid. Upon approval of the director of the department
2of management the board may expend and encumber funds for
3the excess expenses, and increase quarterly assessments to
4raise the additional funds. The board and the office of
5consumer advocate may add additional personnel or contract
6for additional assistance to review and evaluate energy
7efficiency plans and the implementation of energy efficiency
8programs including, but not limited to, professionally trained
9engineers, accountants, attorneys, skilled examiners and
10inspectors, and secretaries and clerks. The board and the
11office of consumer advocate may also contract for additional
12assistance in the evaluation and implementation of issues
13relating to telecommunication competition. The board and the
14office of the consumer advocate may expend additional sums
15beyond those sums appropriated. However, the authority to add
16additional personnel or contract for additional assistance
17must first be approved by the department of management. The
18additional sums for energy efficiency shall be provided to the
19board and the office of the consumer advocate by the utilities
20subject to the energy efficiency requirements in this chapter.
21Telephone companies shall pay any additional sums needed for
22assistance with telecommunication competition issues. The
23assessments shall be in addition to and separate from the
24quarterly assessment.
254. a. Fees paid to the utilities division board shall be
26deposited in the department of commerce revolving fund created
27in section 546.12. These funds shall be used for the payment,
28upon appropriation by the general assembly, of the expenses of
29the utilities division board and the consumer advocate division
30of the department of justice.
31b. The administrator and consumer advocate shall account
32for receipts and disbursements according to the separate duties
33imposed upon the utilities board and the consumer advocate
34divisions division by the laws of this state and each separate
35duty shall be fiscally self-sustaining.
-1484- 1c. All fees and other moneys collected under this section
2and sections 478.4, 479.16, and 479A.9 shall be deposited into
3the department of commerce revolving fund created in section
4546.12 and expenses required to be paid under this section
5shall be paid from funds appropriated for those purposes.
6 Sec. 2708. Section 476.48, subsections 2 and 6, Code 2023,
7are amended to read as follows:
82. Program established.
9a. The utilities division board shall establish and
10administer a small wind innovation zone program to optimize
11local, regional, and state benefits from wind energy and
12to facilitate and expedite interconnection of small wind
13energy systems with electric utilities throughout this state.
14Pursuant to the program, the owner of a small wind energy
15system located within a small wind innovation zone desiring
16to interconnect with an electric utility shall benefit
17from a streamlined application process, may utilize a model
18interconnection agreement, and can qualify under a model
19ordinance.
20b. A political subdivision seeking to be designated a small
21wind innovation zone shall apply to the division board upon a
22form developed by the division board. The division board shall
23approve an application which documents that the applicable
24local government has adopted the model ordinance or is in the
25process of amending an existing zoning ordinance to comply with
26the model ordinance and that an electric utility operating
27within the political subdivision has agreed to utilize the
28model interconnection agreement to contract with the small wind
29energy system owners who agree to its terms.
306. Reporting requirements. The division board shall prepare
31a report summarizing the number of applications received from
32political subdivisions seeking to be designated a small wind
33innovation zone, the number of applications granted, the number
34of small wind energy systems generating electricity within
35each small wind innovation zone, and the amount of wind energy
-1485-1produced, and shall submit the report to the members of the
2general assembly by January 1 annually.
3 Sec. 2709. Section 476.51, subsection 5, Code 2023, is
4amended to read as follows:
55. Civil penalties collected pursuant to this section from
6utilities providing water, electric, or gas service shall
7be forwarded by the chief operating officer of the board to
8the treasurer of state to be credited to the general fund
9of the state and to be used only for the low income home
10energy assistance program and the weatherization assistance
11program administered by the division of community action
12agencies of the department of human rights. Civil penalties
13collected pursuant to this section from utilities providing
14telecommunications service shall be forwarded to the treasurer
15of state to be credited to the department of commerce revolving
16fund created in section 546.12 to be used only for consumer
17education programs administered by the board. Penalties paid
18by a rate-regulated public utility pursuant to this section
19shall be excluded from the utility’s costs when determining
20the utility’s revenue requirement, and shall not be included
21either directly or indirectly in the utility’s rates or charges
22to customers.
23 Sec. 2710. Section 476.63, Code 2023, is amended to read as
24follows:
25476.63 Energy efficiency programs.
26The division board shall consult with the economic
27development authority in the development and implementation of
28public utility energy efficiency programs.
29 Sec. 2711. Section 476.87, subsection 3, Code 2023, is
30amended to read as follows:
313. The board shall allocate the costs and expenses
32reasonably attributable to certification and dispute resolution
33in this section to persons identified as parties to such
34proceeding who are engaged in or who seek to engage in
35providing natural gas services or other persons identified as
-1486-1participants in such proceeding. The funds received for the
2costs and the expenses of certification and dispute resolution
3shall be remitted to the treasurer of state for deposit in the
4department of commerce revolving fund created in section 546.12
5as provided in section 476.10.
6 Sec. 2712. Section 476.95B, subsection 2, Code 2023, is
7amended to read as follows:
82. In proceedings under 47 U.S.C. §251–254, the board
9shall allocate the costs and expenses of the proceedings to
10persons identified as parties in the proceeding who are engaged
11in or who seek to engage in providing telecommunications
12service or other persons identified as participants in the
13proceeding. The funds received for the costs and the expenses
14shall be remitted to the treasurer of state for deposit in the
15department of commerce revolving fund created in section 546.12
16as provided in section 476.10.
17 Sec. 2713. Section 476.103, subsection 4, paragraph c, Code
182023, is amended to read as follows:
19c. A civil penalty collected pursuant to this subsection
20shall be forwarded by the chief operating officer of the board
21to the treasurer of state to be credited to the department of
22 commerce revolving fund created in section 546.12 and to be
23used only for consumer education programs administered by the
24board.
25 Sec. 2714. Section 476A.1, subsection 2, Code 2023, is
26amended to read as follows:
272. “Board” means the utilities board within the utilities
28division of the department of commerce.
29 Sec. 2715. Section 476A.10, Code 2023, is amended to read
30as follows:
31476A.10 Costs of proceeding.
32The applicant for a certificate, or an amendment to
33certificate, shall pay all the costs and expenses incurred by
34the division board in reaching a decision on the application
35including the costs of examinations of the site, the hearing,
-1487-1publishing of notice, division board staff salaries, the cost
2of consultants employed by the division board, and other
3expenses reasonably attributable to the proceeding.
4 Sec. 2716. Section 476A.14, subsection 1, Code 2023, is
5amended to read as follows:
61. Any person who commences to construct a facility as
7provided in this subchapter without having first obtained a
8certificate, or who constructs, operates, or maintains any
9facility other than in compliance with a certificate issued by
10the board or a certificate amended pursuant to this subchapter,
11or who causes any of these acts to occur, shall be liable
12for a civil penalty of not more than ten thousand dollars
13for each violation or for each day of continuing violation.
14Civil penalties collected pursuant to this subsection shall be
15forwarded by the clerk of court to the treasurer of state for
16deposit in the department of commerce revolving fund created
17in section 546.12.
18 Sec. 2717. Section 476B.1, subsection 1, Code 2023, is
19amended to read as follows:
201. “Board” means the utilities board within the utilities
21division of the department of commerce.
22 Sec. 2718. Section 476C.1, subsection 4, Code 2023, is
23amended to read as follows:
244. “Board” means the utilities board within the utilities
25division of the department of commerce.
26 Sec. 2719. Section 477A.1, subsection 1, Code 2023, is
27amended to read as follows:
281. “Board” means the utilities board within the utilities
29division of the department of commerce.
30 Sec. 2720. Section 477C.2, subsection 1, Code 2023, is
31amended to read as follows:
321. “Board” means the utilities board within the department
33of commerce created in section 474.1.
34 Sec. 2721. Section 478.1, subsection 1, Code 2023, is
35amended to read as follows:
-1488- 11. A person shall not construct, erect, maintain, or
2operate a transmission line, wire, or cable that is capable
3of operating at an electric voltage of sixty-nine kilovolts
4or more along, over, or across any public highway or grounds
5outside of cities for the transmission, distribution, or sale
6of electric current without first procuring from the utilities
7board within the utilities division of the department of
8commerce a franchise granting authority as provided in this
9chapter.
10 Sec. 2722. Section 478.4, Code 2023, is amended to read as
11follows:
12478.4 Franchise — hearing.
13The utilities board shall consider the petition and any
14objections filed to it in the manner provided. It shall
15examine the proposed route or cause any engineer selected
16by it to do so. If a hearing is held on the petition it may
17hear testimony as may aid it in determining the propriety of
18granting the franchise. It may grant the franchise in whole or
19in part upon the terms, conditions, and restrictions, and with
20the modifications as to location and route as may seem to it
21just and proper. Before granting the franchise, the utilities
22board shall make a finding that the proposed line or lines are
23necessary to serve a public use and represents a reasonable
24relationship to an overall plan of transmitting electricity in
25the public interest. A franchise shall not become effective
26until the petitioners shall pay, or file an agreement to pay,
27all costs and expenses of the franchise proceeding, whether
28or not objections are filed, including costs of inspections
29or examinations of the route, hearing, salaries, publishing
30of notice, and any other expenses reasonably attributable to
31it. The funds received for the costs and the expenses of the
32franchise proceeding shall be remitted to the treasurer of
33state for deposit in the department of commerce revolving fund
34created in section 546.12 as provided in section 476.10.
35 Sec. 2723. Section 478A.7, subsection 4, Code 2023, is
-1489-1amended to read as follows:
24. Notwithstanding subsection 1, commencing January 1,
31990, a person may sell or offer for sale in this state a
4decorative gas lamp manufactured after December 31, 1978,
5if the utilities board within the utilities division of
6the department of commerce determines, after notice and an
7opportunity for interested persons to comment at an oral
8presentation, that the sale or offer for sale of decorative gas
9lamps does not violate the public interest.
10 Sec. 2724. Section 479.2, subsection 1, Code 2023, is
11amended to read as follows:
121. “Board” means the utilities board within the utilities
13division of the department of commerce.
14 Sec. 2725. Section 479.16, Code 2023, is amended to read as
15follows:
16479.16 Receipt of funds.
17All moneys received under this chapter shall be remitted
18monthly to the treasurer of state and credited to the
19department of commerce revolving fund created in section 546.12
20as provided in section 476.10.
21 Sec. 2726. Section 479A.2, subsection 1, Code 2023, is
22amended to read as follows:
231. “Board” means the utilities board within the utilities
24division of the department of commerce.
25 Sec. 2727. Section 479A.9, Code 2023, is amended to read as
26follows:
27479A.9 Deposit of funds.
28Moneys received under this chapter shall be credited to the
29department of commerce revolving fund created in section 546.12
30as provided in section 476.10.
31 Sec. 2728. Section 479B.2, subsection 1, Code 2023, is
32amended to read as follows:
331. “Board” means the utilities board within the utilities
34division of the department of commerce.
35 Sec. 2729. Section 479B.2, subsection 6, Code 2023, is
-1490-1amended by striking the subsection.
2 Sec. 2730. Section 479B.12, Code 2023, is amended to read
3as follows:
4479B.12 Use of funds.
5All moneys received under this chapter, other than civil
6penalties collected pursuant to section 479B.21, shall be
7remitted monthly to the treasurer of state and credited to
8the department of commerce revolving fund created in section
9546.12.
10 Sec. 2731. Section 657.1, subsection 2, Code 2023, is
11amended to read as follows:
122. Notwithstanding subsection 1, in an action to abate
13a nuisance against an electric utility, an electric utility
14may assert a defense of comparative fault as set out in
15section 668.3 if the electric utility demonstrates that in
16the course of providing electric services to its customers it
17has complied with engineering and safety standards as adopted
18by the utilities board of the department of commerce, and if
19the electric utility has secured all permits and approvals,
20as required by state law and local ordinances, necessary to
21perform activities alleged to constitute a nuisance.
22 Sec. 2732. Section 714D.2, subsection 9, Code 2023, is
23amended to read as follows:
249. “Unfair practice” means the same as defined in section
25714.16, subsection 1, and also means any failure of a
26person to comply with the Telecommunications Act or with any
27statute or rule enforced by the utilities board within the
28utilities division of the department of commerce relating to a
29telecommunications service selection or change.
30 Sec. 2733. Section 714D.6, subsection 2, Code 2023, is
31amended to read as follows:
322. A cause of action under this section shall not apply
33unless, prior to filing the action, the consumer has submitted
34a complaint to the utilities board within the utilities
35division of the department of commerce, the utilities board has
-1491-1failed to resolve the complaint to the consumer’s satisfaction
2within one hundred twenty days of the date the complaint was
3submitted, and the consumer dismisses the complaint before the
4utilities board. The requirement that a consumer complaint be
5submitted to the utilities board and resolved by the utilities
6board to the consumer’s satisfaction within one hundred twenty
7days of filing before the consumer may file an action pursuant
8to this section shall not apply to an action by the attorney
9general to recover moneys for the consumer pursuant to section
10714D.7 or any other law. A finding by the utilities board
11that a respondent has complied with rules governing carrier
12selection procedures adopted by the utilities board shall be
13an affirmative defense to any claim brought under this section
14or section 476.103 or 714D.7 that an unauthorized change in
15service has occurred.
16 Sec. 2734. Section 714D.7, subsection 4, Code 2023, is
17amended to read as follows:
184. The attorney general shall not file a civil enforcement
19action under this chapter or under section 714.16 against a
20person for an act which is the subject of an administrative
21proceeding to impose a civil penalty which has been initiated
22against the person by the utilities board within the utilities
23division of the department of commerce. This subsection shall
24not be construed to limit the authority of the attorney general
25to file a civil enforcement or other enforcement action against
26a person for violating a prior agreement entered into by the
27person with the attorney general or a court order obtained
28by the attorney general against the person. This subsection
29shall not be construed to limit the authority of the attorney
30general to file a civil enforcement or other enforcement action
31against the person for acts which are not the subject of an
32administrative proceeding which has been initiated against the
33person by the utilities board.
34 Sec. 2735. REPEAL. Section 546.7, Code 2023, is repealed.
35DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
-1492-1 Sec. 2736. Section 7E.5, subsection 1, paragraph f, Code
22023, is amended to read as follows:
3f. The department of commerce insurance and financial
4services, created in section 546.2, which has primary
5responsibility for business and professional regulatory,
6service, and licensing insurance and financial services
7 functions.
8 Sec. 2737. Section 7E.5, subsection 2, paragraph a, Code
92023, is amended to read as follows:
10a. There is a civil rights commission, a public employment
11relations board, an interstate cooperation commission, an Iowa
12ethics and campaign disclosure board, an Iowa utilities board,
13 and an Iowa law enforcement academy.
14 Sec. 2738. Section 8A.412, subsections 18 and 19, Code 2023,
15are amended to read as follows:
1618. The administrator and the deputy administrator
17 superintendent and deputy superintendent of the credit union
18division of the department of commerce insurance and financial
19services, all members of the credit union review board, and all
20employees of the credit union division.
2119. The superintendent of the banking division of the
22department of commerce insurance and financial services, all
23members of the state banking council, and all employees of
24the banking division except for employees of the professional
25licensing and regulation bureau of the division.
26 Sec. 2739. Section 8A.438, subsection 1, Code 2023, is
27amended to read as follows:
281. The director may establish a tax-sheltered investment
29program for eligible employees. The director may arrange for
30the provision of investment vehicles authorized under section
31403(b) of the Internal Revenue Code, as defined in section
32422.3. The tax-sheltered investment program shall include
33investment vehicles authorized under section 403(b) of the
34Internal Revenue Code provided by any insurance company or
35investment company that is recommended for inclusion in the
-1493-1program by a person licensed as an insurance producer under
2chapter 522B, or registered as a securities agent or investment
3adviser representative under chapter 502, by the insurance
4division of the department of commerce insurance and financial
5services. The director shall require each insurance company
6and investment company included in the program to utilize the
7third party administrator selected by the department and a
8common remitter, and shall limit the total number of insurance
9companies and investment companies in the program to no more
10than thirty. To be eligible for inclusion in the program, an
11insurance company shall have filed with, and had the company’s
12contract and forms approved by, the insurance division of the
13department of commerce insurance and financial services, and
14an investment company shall be registered with the federal
15securities and exchange commission. The department may
16offer the tax-sheltered investment program to eligible public
17employers in the state of Iowa.
18 Sec. 2740. Section 8E.103, subsection 1, paragraph b, Code
192023, is amended to read as follows:
20b. Each division within the department of commerce insurance
21and financial services is considered an agency, and each bureau
22within a division of the department of commerce insurance and
23financial services is considered a division, as otherwise
24provided in chapter 7E.
25 Sec. 2741. Section 8F.2, subsection 8, paragraph b,
26subparagraph (3), Code 2023, is amended to read as follows:
27(3) A contract concerning an entity that has contracted
28with the state and is licensed and regulated by the insurance
29division of the department of commerce insurance and financial
30services.
31 Sec. 2742. Section 11.5B, subsection 1, Code 2023, is
32amended to read as follows:
331. Department of commerce insurance and financial services.
34 Sec. 2743. Section 11.6, subsection 1, paragraph c,
35subparagraph (6), Code 2023, is amended to read as follows:
-1494- 1(6) A joint investment trust organized pursuant to chapter
228E shall file the audit reports required by this chapter with
3the administrator of the securities and regulated industries
4bureau of the insurance division of the department of commerce
5 insurance and financial services within ten days of receipt
6from the auditor. The auditor of a joint investment trust
7shall provide written notice to the administrator of the time
8of delivery of the reports to the joint investment trust.
9 Sec. 2744. Section 15E.17, subsection 4, Code 2023, is
10amended to read as follows:
114. Subsections 2 and 3 do not apply to the following:
12a. The utilities division of the department of commerce
13 board insofar as the information relates to public utilities.
14b. The banking division of the department of commerce
15 insurance and financial services.
16c. The credit union division of the department of commerce
17 insurance and financial services.
18 Sec. 2745. Section 16.45, subsection 5, Code 2023, is
19amended to read as follows:
205. For purposes of this section, “financial institutions”
21means the same as defined in section 12C.1, “lender” means a
22lender as defined in section 537.1301 that is licensed by the
23banking division of the department of commerce insurance and
24financial services, and “manufactured home” or “manufactured
25housing” means the same as the definition of manufactured home
26in section 435.1.
27 Sec. 2746. Section 16.91, subsection 3, Code 2023, is
28amended to read as follows:
293. With the approval of the authority board the division
30and its board shall consult with the insurance division of
31the department of commerce insurance and financial services
32 in developing a guaranty contract acceptable to the secondary
33market and developing any other feature of the program with
34which the insurance division may have special expertise.
35Except as provided in this subsection, the Iowa title guaranty
-1495-1program is not subject to the jurisdiction of or regulation by
2the insurance division or the commissioner of insurance.
3 Sec. 2747. Section 20.4, subsections 10 and 11, Code 2023,
4are amended to read as follows:
510. Persons employed by the credit union division of the
6department of commerce insurance and financial services.
711. Persons employed by the banking division of the
8department of commerce insurance and financial services.
9 Sec. 2748. Section 68B.2, subsection 23, Code 2023, is
10amended to read as follows:
1123. “Regulatory agency” means the department of agriculture
12and land stewardship, department of workforce development,
13department of commerce insurance and financial services,
14Iowa department of public health, department of public
15safety, department of education, state board of regents,
16department of human services, department of revenue, department
17of inspections and appeals, department of administrative
18services, public employment relations board, state department
19of transportation, civil rights commission, department of
20public defense, department of homeland security and emergency
21management, Iowa ethics and campaign disclosure board,
22utilities board, and department of natural resources.
23 Sec. 2749. Section 85.70, subsection 2, paragraph f, Code
242023, is amended to read as follows:
25f. Beginning on or before December 1, 2018, the department
26of workforce development, in cooperation with the department of
27education, the insurance division of the department of commerce
28 insurance and financial services, and all community colleges
29that are participating in the new career vocational training
30and education program, shall prepare an annual report for
31submission to the general assembly that provides information
32about the status of the program including but not limited to
33the utilization of and participants in the program, program
34completion rates, employment rates after completion of the
35program and the types of employment obtained by the program
-1496-1participants, and the effects of the program on workers’
2compensation premium rates.
3 Sec. 2750. Section 87.11, subsection 2, Code 2023, is
4amended to read as follows:
52. An employer seeking relief from the insurance
6requirements of this chapter shall pay to the insurance
7division of the department of commerce insurance and financial
8services the following fees:
9a. A fee of one hundred dollars, to be submitted annually
10along with an application for relief.
11b. A fee of one hundred dollars for issuance of the
12certificate relieving the employer from the insurance
13requirements of this chapter.
14c. A fee of fifty dollars, to be submitted with each filing
15required by the commissioner of insurance, including but not
16limited to the annual and quarterly financial statements, and
17material change statements.
18 Sec. 2751. Section 97B.49B, subsection 1, paragraph e,
19subparagraph (13), Code 2023, is amended to read as follows:
20(13) An employee of the insurance division of the department
21of commerce insurance and financial services who as a condition
22of employment is required to be certified by the Iowa law
23enforcement academy and who is required to perform the duties
24of a peace officer as provided in section 507E.8.
25 Sec. 2752. Section 100A.1, subsection 1, paragraph j, Code
262023, is amended to read as follows:
27j. The fraud bureau within the insurance division of the
28department of commerce insurance and financial services.
29 Sec. 2753. Section 256.35A, subsection 2, paragraph b, Code
302023, is amended to read as follows:
31b. In addition, representatives of the department of
32education, the division of vocational rehabilitation of the
33department of education, the department of public health,
34the department of human services, the Iowa developmental
35disabilities council, the division of insurance of the
-1497-1department of commerce insurance and financial services, and
2the state board of regents shall serve as ex officio members
3of the advisory council. Ex officio members shall work
4together in a collaborative manner to serve as a resource to
5the advisory council. The council may also form workgroups
6as necessary to address specific issues within the technical
7purview of individual members.
8 Sec. 2754. Section 502.102, subsection 27A, Code 2023, is
9amended to read as follows:
1027A. “Securities and regulated industries bureau” means the
11securities and regulated industries bureau of the insurance
12division of the department of commerce insurance and financial
13services.
14 Sec. 2755. Section 502.321A, subsection 8, paragraph b,
15subparagraph (3), Code 2023, is amended to read as follows:
16(3) An offer in which the target company is an insurance
17company or insurance holding company subject to regulation
18by the commissioner of insurance, a financial institution
19subject to regulation by the superintendent of banking or the
20superintendent of savings and loan associations, or a public
21utility subject to regulation by the utilities division of the
22department of commerce board.
23 Sec. 2756. Section 502.601, subsection 1, Code 2023, is
24amended to read as follows:
251. Administration. This chapter shall be administered by
26the commissioner of insurance of this state. The administrator
27shall appoint a deputy administrator who shall be exempt from
28the merit system provisions of chapter 8A, subchapter IV. The
29deputy administrator is the principal operations officer of the
30securities and regulated industries bureau of the insurance
31division of the department of commerce insurance and financial
32services. The deputy administrator is responsible to the
33administrator for the routine administration of this chapter
34and the management of the securities and regulated industries
35bureau. In the absence of the administrator, whether because
-1498-1of vacancy in the office, by reason of absence, physical
2disability, or other cause, the deputy administrator shall be
3the acting administrator and shall, for that period, have and
4exercise the authority conferred upon the administrator. The
5administrator may by order delegate to the deputy administrator
6any or all of the functions assigned to the administrator
7under this chapter. The administrator shall employ officers,
8attorneys, accountants, and other employees as needed for the
9administration of this chapter.
10 Sec. 2757. Section 502A.1, subsection 1, Code 2023, is
11amended to read as follows:
121. “Administrator” means the administrator of the securities
13and regulated industries bureau of the insurance division of
14the department of commerce insurance and financial services.
15 Sec. 2758. Section 502A.15, subsection 1, Code 2023, is
16amended to read as follows:
171. This chapter shall be administered by the administrator
18of the securities and regulated industries bureau of the
19insurance division of the department of commerce insurance and
20financial services.
21 Sec. 2759. Section 505.1, Code 2023, is amended to read as
22follows:
23505.1 Insurance division created.
24An insurance division is created within the department
25of commerce insurance and financial services to regulate and
26supervise the conducting of the business of insurance in the
27state. The commissioner of insurance is the chief executive
28officer of the division. As used in this subtitle and chapter
29502, “division” means the insurance division.
30 Sec. 2760. Section 505.2, Code 2023, is amended to read as
31follows:
32505.2 Appointment and term of commissioner.
331. The governor shall appoint subject to confirmation
34by the senate, a commissioner of insurance, who shall be
35selected solely with regard to qualifications and fitness to
-1499-1discharge the duties of this position, devote the entire time
2to such duties, and serve for four years beginning and ending
3as provided by section 69.19. The governor may remove the
4commissioner for malfeasance in office, or for any cause that
5renders the commissioner ineligible, incapable, or unfit to
6discharge the duties of the office.
72. A vacancy in the office of the commissioner shall be
8filled for the unexpired portion of the regular term.
93. The commissioner of insurance shall also serve as the
10director of the department of insurance and financial services
11pursuant to section 546.2.
12 Sec. 2761. Section 505.5, Code 2023, is amended to read as
13follows:
14505.5 Expenses — salary.
15The commissioner shall be entitled to reimbursement of
16actual necessary expenses in attending meetings of insurance
17commissioners of other states, and in the performance of the
18duties of the office. The commissioner’s salary shall be as
19fixed by the general assembly.
20 Sec. 2762. Section 505.7, subsections 1 and 3, Code 2023,
21are amended to read as follows:
221. All fees and charges which are required by law to be
23paid by insurance companies, associations, and other regulated
24entities shall be payable to the commissioner of the insurance
25division of the department of commerce insurance and financial
26services or department of revenue, as provided by law, whose
27duty it shall be to account for and pay over the same to the
28treasurer of state at the time and in the manner provided by
29law for deposit in the department of commerce revolving fund
30created in section 546.12.
313. Forty percent of the nonexamination revenues payable
32to the division of insurance or the department of revenue in
33connection with the regulation of insurance companies or other
34entities subject to the regulatory jurisdiction of the division
35shall be deposited in the department of commerce revolving
-1500-1fund created in section 546.12 and shall be subject to annual
2appropriation to the division for its operations and is also
3subject to expenditure under subsection 6. The remaining
4nonexamination revenues payable to the division of insurance
5or the department of revenue shall be deposited in the general
6fund of the state.
7 Sec. 2763. Section 507.1, subsection 2, paragraph c, Code
82023, is amended to read as follows:
9c. “Division” means the division of insurance of the
10department of commerce insurance and financial services.
11 Sec. 2764. Section 507E.8, Code 2023, is amended to read as
12follows:
13507E.8 Law enforcement authority.
141. An individual employed by the division and designated as
15a peace officer shall be considered a law enforcement officer
16as that term is defined in section 80B.3, and shall exercise
17the powers of a law enforcement officer as follows:
18a. For purposes of an arrest resulting from a criminal
19violation of any provision of the Code subject to the
20jurisdiction of the commissioner established as a result of an
21investigation pursuant to this chapter or chapter 502, 502A,
22507A, 523A, 523C, 523D, or 523I.
23b. While conducting an investigation or engaged in an
24assignment authorized by this chapter or ordered by the
25commissioner chapter 502, 502A, 507A, 523A, 523C, 523D, or
26523I.
27c. To protect life if a public offense is committed in the
28presence of the peace officer.
29d. While providing assistance to a law enforcement agency or
30another law enforcement officer.
31e. While providing assistance at the request of a member of
32the public.
332. Laws applicable to an arrest of an individual by a law
34enforcement officer of the state shall apply to an individual
35employed by the division and designated as a peace officer. An
-1501-1individual employed by the division and designated as a peace
2officer shall have the power to execute arrest warrants and
3search warrants, serve subpoenas issued for the examination,
4investigation, and trial of all offenses identified through the
5course of an investigation conducted pursuant to this section,
6and arrest upon probable cause without warrant a person found
7in the act of committing a violation of this chapter or a law
8of this state.
9 Sec. 2765. Section 514H.2, subsection 2, Code 2023, is
10amended to read as follows:
112. The insurance division of the department of commerce
12 insurance and financial services shall administer the program
13in cooperation with the division responsible for medical
14services within the department of human services. Each
15agency shall take all necessary actions, including filing an
16appropriate medical assistance state plan amendment to the
17state Medicaid plan to take full advantage of the benefits and
18features of the Deficit Reduction Act of 2005.
19 Sec. 2766. Section 514H.9, Code 2023, is amended to read as
20follows:
21514H.9 Rules.
22The insurance division of the department of commerce
23 insurance and financial services in cooperation with the
24department of human services shall adopt rules pursuant to
25chapter 17A as necessary to administer this chapter.
26 Sec. 2767. Section 514I.2, subsection 9, paragraph a, Code
272023, is amended to read as follows:
28a. An entity licensed by the division of insurance of the
29department of commerce insurance and financial services to
30provide health insurance in Iowa that has contracted with the
31department to provide health insurance coverage to eligible
32children under this chapter.
33 Sec. 2768. Section 515A.6, subsection 7, paragraph a, Code
342023, is amended to read as follows:
35a. The commissioner shall provide notice of the filing of
-1502-1the proposed rates at least thirty days before the effective
2date of the proposed rates by publishing a notice on the
3internet site of the insurance division of the department of
4commerce insurance and financial services.
5 Sec. 2769. Section 521H.6, subsection 1, Code 2023, is
6amended to read as follows:
71. Documents, materials, or other information, including
8a corporate governance annual disclosure, in the possession
9or control of the insurance division of the department of
10commerce insurance and financial services, that is obtained
11by, created by, or disclosed to the commissioner or to any
12other person pursuant to this chapter, is recognized in this
13state as being proprietary and containing trade secrets. All
14such documents, materials, or other information, including the
15disclosure, shall be confidential and privileged, shall not be
16subject to chapter 22, shall be considered confidential under
17chapter 507, shall not be subject to subpoena, and shall not be
18subject to discovery or admissible in evidence in any private
19civil action. However, the commissioner is authorized to use
20such documents, materials, or other information, including
21the disclosure, in the furtherance of any regulatory or legal
22action brought as a part of the commissioner’s official duties.
23The commissioner shall not otherwise make the documents,
24materials, or other information, including the disclosure,
25public without the prior written consent of the insurer or
26insurance group that provided the documents, materials, or
27other information, including the disclosure. Nothing in this
28section shall be construed to require written consent of
29the insurer or insurance group before the commissioner may
30share or receive confidential documents, materials, or other
31information related to governance of an insurer or insurance
32group pursuant to subsection 3 to assist in the performance of
33the commissioner’s regular duties.
34 Sec. 2770. Section 522.8, subsection 1, Code 2023, is
35amended to read as follows:
-1503- 11. Documents, materials, or other information, including
2an own risk and solvency assessment summary report, in
3the possession or control of the insurance division of the
4department of commerce insurance and financial services, that
5are obtained by, created by, or disclosed to the commissioner
6or to any other person pursuant to this chapter, are recognized
7in this state as being proprietary and containing trade
8secrets. All such documents, materials, or other information,
9including the summary report, shall be confidential and
10privileged, shall not be subject to chapter 22, shall not be
11subject to subpoena, and shall not be subject to discovery
12or admissible in evidence in any private civil action.
13However, the commissioner is authorized to use such documents,
14materials, or other information, including the summary report,
15in the furtherance of any regulatory or legal action brought as
16a part of the commissioner’s official duties. The commissioner
17shall not otherwise make the documents, materials, or other
18information, including the summary report, public without
19the prior written consent of the insurer that provided the
20documents, materials, or other information, including the
21summary report.
22 Sec. 2771. Section 523A.807, subsection 4, Code 2023, is
23amended to read as follows:
244. The commissioner shall post on the internet site of the
25division of insurance of the department of commerce insurance
26and financial services a list of all persons licensed under
27this chapter and an index of orders issued by the commissioner
28pertaining to such persons.
29 Sec. 2772. Section 524.201, Code 2023, is amended to read
30as follows:
31524.201 Superintendent of banking.
321. The governor shall appoint, subject to confirmation by
33the senate, a superintendent of banking. The appointee shall
34be selected solely with regard to qualification and fitness
35to discharge the duties of office, and a person shall not be
-1504-1appointed who has not had at least five years’ experience as an
2executive officer in a bank. The superintendent shall serve at
3the pleasure of the governor.
42. The superintendent shall have an office at the seat
5of government. The regular term of office shall be four
6years beginning and ending as provided by section 69.19 The
7superintendent shall receive a salary set by the governor
8within a range established by the general assembly.
9 Sec. 2773. Section 524.206, Code 2023, is amended to read
10as follows:
11524.206 Banking division created.
12The banking division is created within the department of
13commerce insurance and financial services.
14 Sec. 2774. Section 524.207, subsections 1, 2, 5, and 6, Code
152023, are amended to read as follows:
161. Except as otherwise provided by statute, all expenses
17required in the discharge of the duties and responsibilities
18imposed upon the banking division of the department of commerce
19 insurance and financial services, the superintendent, and the
20state banking council by the laws of this state shall be paid
21from fees provided by the laws of this state and appropriated
22by the general assembly from the department of commerce
23revolving fund created in section 546.12. All of these
24fees are payable to the superintendent. The superintendent
25shall pay all the fees and other moneys received by the
26superintendent to the treasurer of state within the time
27required by section 12.10 and the fees and other moneys shall
28be deposited into the department of commerce revolving fund
29created in section 546.12.
302. All fees and assessments generated as the result of a
31national bank or federal savings association converting to a
32state bank on or after December 31, 2015, and thereafter, are
33payable to the superintendent. The superintendent shall pay
34all the fees and assessments received by the superintendent
35pursuant to this subsection to the treasurer of state within
-1505-1the time required by section 12.10 and the fees and assessments
2shall be deposited into the department of commerce revolving
3fund created in section 546.12. An amount equal to such fees
4and assessments deposited into the department of commerce
5revolving fund is appropriated from the department of commerce
6revolving fund to the banking division of the department of
7commerce insurance and financial services for the fiscal
8year in which a national bank or federal savings association
9converted to a state bank and an amount equal to such
10annualized fees and assessments deposited into the department
11of commerce revolving fund in succeeding years is appropriated
12from the department of commerce revolving fund to the banking
13division of the department of commerce insurance and financial
14services for succeeding fiscal years for purposes related to
15the discharge of the duties and responsibilities imposed upon
16the banking division of the department of commerce insurance
17and financial services, the superintendent, and the state
18banking council by the laws of this state. This appropriation
19shall be in addition to the appropriation of moneys otherwise
20described in this section. If a state bank converts to a
21national bank or federal savings association, any appropriation
22made pursuant to this subsection for the following fiscal
23year shall be reduced by the amount of the assessment paid by
24the state bank during the fiscal year in which the state bank
25converted to a national bank or federal savings association.
265. All fees and moneys collected shall be deposited into the
27department of commerce revolving fund created in section 546.12
28and expenses required to be paid under this section shall be
29paid from moneys in the department of commerce revolving fund
30and appropriated for those purposes.
316. All moneys received by the superintendent pursuant to a
32multi-state settlement with a provider of financial services
33such as a mortgage lender, a mortgage servicer, or any other
34person regulated by the banking division of the department of
35commerce insurance and financial services shall be deposited
-1506-1into the department of commerce revolving fund created in
2section 546.12 and an amount equal to the amount deposited
3into the fund is appropriated to the banking division of the
4department of commerce insurance and financial services for the
5fiscal year in which such moneys are received and in succeeding
6fiscal years for the purpose of promoting financial-related
7education and supporting those duties of the banking
8division related to financial regulation that are limited to
9nonrecurring expenses such as equipment purchases, training,
10technology, and retirement payouts related to the oversight of
11mortgage lending, state banks, and other financial services
12regulated by the banking division. This appropriation shall be
13in addition to the appropriation of moneys otherwise described
14in this section. The superintendent shall submit a report to
15the department of management and to the legislative services
16agency detailing the expenditure of moneys appropriated to the
17banking division pursuant to this subsection during each fiscal
18year. The initial report shall be submitted on or before
19September 15, 2016, and each September 15 thereafter. Moneys
20appropriated pursuant to this subsection are not subject to
21section 8.33 and shall not be transferred, used, obligated,
22appropriated, or otherwise encumbered except as provided in
23this subsection.
24 Sec. 2775. Section 527.2, subsection 2, Code 2023, is
25amended to read as follows:
262. “Administrator” means and includes the superintendent
27of banking and the superintendent of credit unions within
28the department of commerce insurance and financial services
29 and the supervisor of industrial loan companies within the
30office of the superintendent of banking. However, the powers
31of administration and enforcement of this chapter shall be
32exercised only as provided in sections 527.3, 527.5, subsection
337, sections 527.11, 527.12, and any other pertinent provision
34of this chapter.
35 Sec. 2776. Section 528.2, subsection 1, Code 2023, is
-1507-1amended to read as follows:
21. “Administrator” means the superintendent of banking and
3the superintendent of credit unions within the department of
4commerce insurance and financial services.
5 Sec. 2777. Section 533.102, subsection 4, Code 2023, is
6amended to read as follows:
74. “Credit union service organization” means a corporation,
8limited partnership, or limited liability company organized
9under state law to provide financial and financial-related
10services for one or more credit unions, each of which owns part
11of the capital stock of the credit union service organization,
12as authorized under section 533.301, subsection 5, paragraph
13“f”, and which corporation, limited partnership, or limited
14liability company is subject to examination by the credit union
15division of the Iowa department of commerce insurance and
16financial services or a federal supervisory agency.
17 Sec. 2778. Section 533.103, Code 2023, is amended to read
18as follows:
19533.103 Credit union division created.
20A credit union division of the department of commerce
21 insurance and financial services is created to administer this
22chapter.
23 Sec. 2779. Section 533.104, Code 2023, is amended to read
24as follows:
25533.104 Superintendent of credit unions.
261. A superintendent of credit unions shall be appointed by
27the governor to serve at the pleasure of the governor, subject
28to confirmation by the senate, to regulate credit unions.
29a. The appointee shall be selected solely with regard to
30qualification and fitness to discharge the duties of office.
31b. The and the individual appointed shall have at least
32five years’ experience as a director or executive officer of
33a credit union, or comparable experience in the regulation or
34examination of credit unions. For purposes of this paragraph
35 subsection, credit union membership does not qualify as credit
-1508-1union experience.
22. The superintendent shall have an office at the seat
3of government. The superintendent’s term of office shall be
4four years beginning and ending as provided by section 69.19.
5The governor may remove the superintendent for malfeasance
6in office, or for any cause that renders the superintendent
7ineligible, incapable, or unfit to discharge the duties of the
8office.
93. The superintendent shall receive a salary set by the
10governor within a range established by the general assembly.
114. A vacancy in the office of superintendent shall be filled
12for the unexpired portion of the regular term.
135. 3. The superintendent may adopt rules as necessary or
14appropriate to administer this chapter, subject to the prior
15approval of the rules by the review board.
16 Sec. 2780. Section 533.111, subsections 1, 4, and 5, Code
172023, are amended to read as follows:
181. a. All expenses required in the discharge of the
19duties and responsibilities imposed upon the credit union
20division, the superintendent, and the review board by the laws
21of this state shall be paid from fees provided by the laws
22of this state and appropriated by the general assembly from
23the department of commerce revolving fund created in section
24546.12.
25b. All fees imposed under this chapter are payable to
26the superintendent, who shall pay all fees and other moneys
27received to the treasurer of state within the time required by
28section 12.10. The treasurer of state shall deposit such funds
29in the department of commerce revolving fund created in section
30546.12.
314. a. All fees and other moneys collected shall be
32deposited into the department of commerce revolving fund
33created in section 546.12 and expenses required to be paid
34under this section shall be paid from moneys in the department
35of commerce revolving fund and appropriated for those purposes.
-1509- 1b. Funds appropriated to the credit union division shall
2be subject at all times to the warrant of the director
3of the department of administrative services, drawn upon
4written requisition of the superintendent or a designated
5representative, for the payment of all salaries and other
6expenses necessary to carry out the duties of the credit union
7division.
85. The credit union division may accept reimbursement of
9expenses related to the examination of a state credit union
10from the national credit union administration or any other
11guarantor or insurance plan authorized by this chapter. These
12reimbursements shall be deposited into the department of
13 commerce revolving fund created in section 546.12.
14 Sec. 2781. Section 533A.10, subsection 1, Code 2023, is
15amended to read as follows:
161. The superintendent may examine the condition and
17affairs of a licensee. In connection with any examination,
18the superintendent may examine on oath any licensee, and any
19director, officer, employee, customer, creditor, or stockholder
20of a licensee concerning the affairs and business of the
21licensee. The superintendent shall ascertain whether the
22licensee transacts its business in the manner prescribed by
23the law and applicable rules. The licensee shall pay the cost
24of the examination as determined by the superintendent based
25on the actual cost of the operation of the finance bureau of
26the banking division of the department of commerce insurance
27and financial services, including the proportionate share of
28the administrative expenses in the operation of the banking
29division attributable to the finance bureau, as determined by
30the superintendent, incurred in the discharge of duties imposed
31upon the superintendent by this chapter. Failure to pay the
32examination fee within thirty days of receipt of demand from
33the superintendent shall subject the licensee to a late fee of
34up to five percent per day of the amount of the examination fee
35for each day the payment is delinquent.
-1510-1 Sec. 2782. Section 533A.14, Code 2023, is amended to read
2as follows:
3533A.14 Fees to state treasurer.
4All moneys received by the superintendent from fees,
5licenses, and examinations pursuant to this chapter shall be
6deposited by the superintendent with the treasurer of state for
7deposit in the department of commerce revolving fund created
8in section 546.12.
9 Sec. 2783. Section 533C.902, subsection 1, Code 2023, is
10amended to read as follows:
111. A financial services licensing fund is created as a
12separate fund in the state treasury under the authority of the
13banking division of the department of commerce insurance and
14financial services. Moneys deposited in the fund shall be used
15to pay for staffing necessary to perform examinations, audits,
16and other duties required of the superintendent and the banking
17division under this chapter.
18 Sec. 2784. Section 533D.11, subsection 3, Code 2023, is
19amended to read as follows:
203. The superintendent shall determine the cost of the
21examination or investigation based upon the actual cost of the
22operation of the finance bureau of the banking division of
23the department of commerce insurance and financial services,
24including the proportionate share of administrative expenses
25in the operation of the banking division attributable to the
26finance bureau as determined by the superintendent, incurred
27in the discharge of duties imposed upon the superintendent by
28this chapter.
29 Sec. 2785. Section 535B.1, subsection 1, Code 2023, is
30amended to read as follows:
311. “Administrator” means the superintendent of the division
32of banking of the department of commerce insurance and
33financial services.
34 Sec. 2786. Section 535B.10, subsection 5, paragraph a, Code
352023, is amended to read as follows:
-1511- 1a. The licensee shall pay the cost of the examination or
2investigation as determined by the administrator based on
3the actual cost of the operation of the finance bureau of
4the banking division of the department of commerce insurance
5and financial services, including the proportionate share
6of administrative expenses in the operation of the banking
7division attributable to the finance bureau as determined by
8the administrator, incurred in the discharge of duties imposed
9upon the administrator by this chapter.
10 Sec. 2787. Section 535C.11, unnumbered paragraph 1, Code
112023, is amended to read as follows:
12This chapter does not apply to activities or arrangements
13expressly approved or regulated by the department of commerce
14 insurance and financial services.
15 Sec. 2788. Section 535D.11, subsection 2, Code 2023, is
16amended to read as follows:
172. The payment of application and renewal fees for licenses
18through the nationwide mortgage licensing system and registry
19and any additional fees as determined by the superintendent
20based on the actual cost of the operation of the finance bureau
21of the banking division of the department of commerce insurance
22and financial services, including the proportionate share
23of administrative expenses in the operation of the banking
24division attributable to the finance bureau as determined by
25the superintendent, incurred in the discharge of duties imposed
26by this chapter.
27 Sec. 2789. Section 536.10, subsection 3, Code 2023, is
28amended to read as follows:
293. A licensee subject to examination, supervision,
30and regulation by the superintendent shall pay to the
31superintendent an examination fee based on the actual cost
32of the operation of the regulated loan bureau of the banking
33division of the department of commerce insurance and financial
34services and the proportionate share of administrative expenses
35in the operation of the banking division attributable to the
-1512-1regulated loan bureau as determined by the superintendent.
2The fee shall apply equally to all licenses and shall not be
3changed more frequently than annually. A fee change shall be
4effective on January 1 of the year following the year in which
5the change is approved.
6 Sec. 2790. Section 536A.2, subsection 9, Code 2023, is
7amended to read as follows:
89. “Superintendent” means the superintendent of banking
9within the banking division of the department of commerce
10 insurance and financial services.
11 Sec. 2791. Section 536A.15, subsection 4, Code 2023, is
12amended to read as follows:
134. The licensee shall be charged and shall pay the actual
14costs of the examination as determined by the superintendent
15based on the actual cost of the operation of the finance bureau
16of the banking division of the department of commerce insurance
17and financial services including the proportionate share
18of administrative expenses in the operation of the banking
19division attributable to the finance bureau as determined by
20the superintendent incurred in the discharge of the duties
21imposed upon the superintendent by this chapter. Failure to
22pay the examination fee within thirty days of receipt of demand
23from the superintendent shall subject the licensee to a late
24fee of five percent of the amount of the examination fee for
25each day the payment is delinquent.
26 Sec. 2792. Section 537.2501, subsection 2, paragraph b,
27subparagraph (3), unnumbered paragraph 1, Code 2023, is amended
28to read as follows:
29The premium rates have been affirmatively approved by the
30insurance division of the department of commerce insurance and
31financial services. In approving or establishing the rates,
32the division shall review the insurance company’s actuarial
33data to assure that the rates are fair and reasonable. The
34insurance commissioner shall either hire or contract with a
35qualified actuary to review the data. The insurance division
-1513-1shall obtain reimbursement from the insurance company for the
2cost of the actuarial review prior to approving the rates.
3In addition, the rates shall be made in accordance with the
4following provisions:
5 Sec. 2793. Section 546.1, subsections 1 and 2, Code 2023,
6are amended to read as follows:
71. “Department” means the department of commerce insurance
8and financial services.
92. “Director” means the director of the department of
10commerce insurance and financial services.
11 Sec. 2794. Section 546.2, subsections 1, 2, and 3, Code
122023, are amended to read as follows:
131. A department of commerce insurance and financial
14services is created to coordinate and administer the various
15regulatory, service, and licensing functions of the state
16relating to the conducting of business or commerce in the
17state.
182. The chief administrative officer of the department is the
19director. The director shall be appointed by the governor from
20among those individuals who serve as heads of the divisions
21within the department the commissioner of insurance appointed
22pursuant to section 505.2. A division head appointed to be the
23 The director shall fulfill the responsibilities and duties of
24the director of the department in addition to the individual’s
25 director’s responsibilities and duties as the head of a the
26insurance division. The director shall serve at the pleasure
27of the governor. If the office of director becomes vacant,
28the vacancy shall be filled in the same manner as the original
29appointment was made.
303. The department is administratively organized into the
31following divisions:
32a. Banking.
33b. Credit union.
34c. Utilities.
35d. c. Insurance.
-1514- 1e. Alcoholic beverages.
2 Sec. 2795. Section 546.12, Code 2023, is amended to read as
3follows:
4546.12 Department of insurance and financial services
5 commerce revolving fund.
61. A department of commerce revolving fund is created in
7the state treasury. The fund shall consist of moneys collected
8by the banking division; credit union division; utilities
9division board, including moneys collected on behalf of the
10office of consumer advocate established in section 475A.3;
11and the insurance division of the department; and deposited
12into an account for that division, board, or office within
13the fund on a monthly basis. Except as otherwise provided
14by statute, all costs for operating the office of consumer
15advocate and the banking division, the credit union division,
16the utilities division board, and the insurance division of the
17department shall be paid from the division’s accounts within
18the fund, subject to appropriation by the general assembly.
19The insurance division shall administer the fund and all other
20divisions shall work with the insurance division to make sure
21the fund is properly accounted and reported to the department
22of management and the department of administrative services.
23The divisions shall provide quarterly reports to the department
24of management and the legislative services agency on revenues
25billed and collected and expenditures from the fund in a format
26as determined by the department of management in consultation
27with the legislative services agency.
282. To meet cash flow needs for the office of consumer
29advocate and the banking division, credit union division,
30utilities division board, or the insurance division of the
31department, the administrative head of that division, board,
32 or office may temporarily use funds from the general fund of
33the state to pay expenses in excess of moneys available in
34the revolving fund for that division, board, or office if
35those additional expenditures are fully reimbursable and the
-1515-1division, board, or office reimburses the general fund of the
2state and ensures all moneys are repaid in full by the close
3of the fiscal year. Notwithstanding any provision to the
4contrary, the divisions shall, to the fullest extent possible,
5make an estimate of billings and make such billings as early as
6possible in each fiscal year, so that the need for the use of
7general fund moneys is minimized to the lowest extent possible.
8Periodic billings shall be deemed sufficient to satisfy this
9requirement. Because any general fund moneys used shall be
10fully reimbursed, such temporary use of funds from the general
11fund of the state shall not constitute an appropriation for
12purposes of calculating the state general fund expenditure
13limitation pursuant to section 8.54.
143. Section 8.33 does not apply to any moneys credited or
15appropriated to the commerce revolving fund from any other
16fund.
174. The establishment of the commerce revolving fund
18pursuant to this section shall not be interpreted in any
19manner to compromise or impact the accountability of, or limit
20authority with respect to, an agency or entity under state
21law. Any provision applicable to, or responsibility of, a
22division, board, or office collecting moneys for deposit into
23the fund established pursuant to this section shall not be
24altered or impacted by the existence of the fund and shall
25remain applicable to the same extent as if the division, board,
26 or office were receiving moneys pursuant to a general fund
27appropriation. The divisions of the department of commerce
28 insurance and financial services shall comply with directions
29by the governor to executive branch departments regarding
30restrictions on out-of-state travel, hiring justifications,
31association memberships, equipment purchases, consulting
32contracts, and any other expenditure efficiencies that the
33governor deems appropriate.
34 Sec. 2796. Section 714E.6, subsection 4, Code 2023, is
35amended to read as follows:
-1516- 14. Notwithstanding any other provision of this section,
2an action shall not be brought on the basis of a violation of
3this chapter, except by an owner against whom the violation was
4committed or by the attorney general. This limitation does not
5apply to administrative action by either the attorney general
6or the superintendent of the banking division of the department
7of commerce insurance and financial services.
8 Sec. 2797. Section 714F.8, subsection 3, paragraph b,
9subparagraph (1), Code 2023, is amended to read as follows:
10(1) Make a payment to the foreclosed homeowner such that the
11foreclosed homeowner has received consideration in an amount
12of at least eighty-two percent of the fair market value of the
13property, as the property was when the foreclosed homeowner
14vacated the property, within ninety days of either the eviction
15or voluntary relinquishment of possession of the property by
16the foreclosed homeowner. The foreclosure purchaser shall make
17a detailed accounting of the basis for the payment amount, or
18a detailed accounting of the reasons for failure to make a
19payment, including providing written documentation of expenses,
20within this ninety-day period. The accounting shall be on a
21form prescribed by the attorney general, in consultation with
22the superintendent of the banking division of the department of
23commerce insurance and financial services without being subject
24to the rulemaking procedures of chapter 17A.
25 Sec. 2798. Section 714F.8, subsection 3, paragraph b,
26subparagraph (2), subparagraph division (b), Code 2023, is
27amended to read as follows:
28(b) The time for determining the fair market value amount
29shall be determined in the foreclosure reconveyance contract
30as either at the time of the execution of the foreclosure
31reconveyance contract or at resale. If the contract states
32that the fair market value shall be determined at the time
33of resale, the fair market value shall be the resale price
34if it is sold within sixty days of the eviction or voluntary
35relinquishment of the property by the foreclosed homeowner.
-1517-1If the contract states that the fair market value shall
2be determined at the time of resale, and the resale is not
3completed within sixty days of the eviction or voluntary
4relinquishment of the property by the foreclosed homeowner, the
5fair market value shall be determined by an appraisal conducted
6within one hundred eighty days of the eviction or voluntary
7relinquishment of the property by the foreclosed homeowner
8and payment, if required, shall be made to the foreclosed
9homeowner, but the fair market value shall be recalculated as
10the resale price on resale and an additional payment amount,
11if appropriate, based on the resale price, shall be made to
12the foreclosed homeowner within fifteen days of resale, and
13a detailed accounting of the basis for the payment amount,
14or a detailed accounting of the reasons for failure to make
15additional payment, shall be made within fifteen days of
16resale, including providing written documentation of expenses.
17The accounting shall be on a form prescribed by the attorney
18general, in consultation with the superintendent of the banking
19division of the department of commerce insurance and financial
20services, without being subject to the rulemaking procedures
21of chapter 17A.
22 Sec. 2799. Section 714F.9, subsection 1, Code 2023, is
23amended to read as follows:
241. Remedies. A violation of this chapter is an unlawful
25practice pursuant to section 714.16, and all the remedies of
26section 714.16 are available for such an action. A private
27cause of action brought under this chapter by a foreclosed
28homeowner is in the public interest. A foreclosed homeowner
29may bring an action for a violation of this chapter. If
30the court finds a violation of this chapter, the court shall
31award to the foreclosed homeowner actual damages, appropriate
32equitable relief, and the costs of the action, and shall
33award reasonable fees to the foreclosed homeowner’s attorney.
34Notwithstanding any other provision of this section, an action
35shall not be brought on the basis of a violation of this
-1518-1chapter except by a foreclosed homeowner against whom the
2violation was committed or by the attorney general. This
3limitation does not apply to administrative action by the
4superintendent of the banking division of the department of
5commerce insurance and financial services.
6 Sec. 2800. REPEAL. Section 524.202, Code 2023, is repealed.
7DIVISION XVI
8DEPARTMENT OF CORRECTIONS — JUDICIAL DISTRICT DEPARTMENTS OF
9CORRECTIONAL SERVICES AND COMMUNITY-BASED CORRECTIONAL PROGRAMS
10 Sec. 2801. Section 7E.5, subsection 1, paragraph n, Code
112023, is amended to read as follows:
12n. The department of corrections, created in section
13904.102, which has primary responsibility for corrections
14administration, corrections institutions, prison industries,
15judicial district departments of correctional services and
16the development, funding, and monitoring of community-based
17corrections programs.
18 Sec. 2802. Section 8D.2, subsection 5, paragraph a, Code
192023, is amended to read as follows:
20a. “Public agency” means a state agency, an institution
21under the control of the board of regents, the judicial
22branch as provided in section 8D.13, subsection 14, a school
23corporation, a city library, a county library as provided in
24chapter 336, or a judicial district department of correctional
25services established in section 905.2, to the extent provided
26in section 8D.13, subsection 12, an agency of the federal
27government, or a United States post office which receives a
28federal grant for pilot and demonstration projects.
29 Sec. 2803. Section 80D.1, subsection 1, Code 2023, is
30amended to read as follows:
311. The governing body of a city, a county, the state
32of Iowa, or a judicial district department of correctional
33services the Iowa department of corrections may provide, either
34separately or collectively through a chapter 28E agreement, for
35the establishment of a force of reserve peace officers, and may
-1519-1limit the size of the reserve force. In the case of the state,
2the department of public safety shall act as the governing
3body.
4 Sec. 2804. Section 80D.6, subsection 1, Code 2023, is
5amended to read as follows:
61. Reserve peace officers shall serve as peace officers
7on the orders and at the discretion of the chief of police,
8sheriff, commissioner of public safety or the commissioner’s
9designee, or director of the judicial district department of
10correctional services Iowa department of corrections or the
11director’s designee, as the case may be.
12 Sec. 2805. Section 80D.7, Code 2023, is amended to read as
13follows:
1480D.7 Carrying weapons.
15A member of a reserve force shall not carry a weapon in
16the line of duty until the member has been approved by the
17governing body and certified by the Iowa law enforcement
18academy council to carry weapons. After approval and
19certification, a reserve peace officer may carry a weapon in
20the line of duty only when authorized by the chief of police,
21sheriff, commissioner of public safety or the commissioner’s
22designee, or director of the judicial district department of
23correctional services Iowa department of corrections or the
24director’s designee, as the case may be.
25 Sec. 2806. Section 80D.9, Code 2023, is amended to read as
26follows:
2780D.9 Supervision of reserve peace officers.
281. Reserve peace officers shall be subordinate to regular
29peace officers, shall not serve as peace officers unless
30under the direction of regular peace officers, and shall
31wear a uniform prescribed by the chief of police, sheriff,
32commissioner of public safety, or director of the judicial
33district department of correctional services Iowa department of
34corrections unless that superior officer designates alternate
35apparel for use when engaged in assignments involving special
-1520-1investigation, civil process, court duties, jail duties, and
2the handling of mental patients. The reserve peace officer
3shall not wear an insignia of rank.
42. Each department for which a reserve force is established
5shall appoint a certified peace officer as the reserve force
6coordinating and supervising officer. A reserve peace
7officer force established in a judicial district department of
8correctional services by the Iowa department of corrections
9 must be directly supervised by a certified peace officer who is
10on duty. That certified peace officer shall report directly
11to the chief of police, sheriff, commissioner of public safety
12or the commissioner’s designee, or director of the judicial
13district department of correctional services Iowa department of
14corrections or the director’s designee, as the case may be.
15 Sec. 2807. Section 80D.11, Code 2023, is amended to read as
16follows:
1780D.11 Employee — pay.
18While performing official duties, each reserve peace officer
19shall be considered an employee of the governing body which the
20officer represents and shall be paid a minimum of one dollar
21per year. The governing body of a city, a county, the state,
22or a judicial district department of correctional services the
23Iowa department of corrections may provide additional monetary
24assistance for the purchase and maintenance of uniforms and
25equipment used by reserve peace officers.
26 Sec. 2808. Section 97B.49B, subsection 3, paragraph f, Code
272023, is amended by striking the paragraph.
28 Sec. 2809. Section 331.211, subsection 1, Code 2023, is
29amended to read as follows:
301. The board, at its first meeting in each year, shall:
31a. Organize by choosing choose one of its members as
32chairperson who shall preside at all of its meetings during the
33year. The board may also select a vice chairperson who shall
34serve during the absence of the chairperson.
35b. Choose one of its members to be a member of the board of
-1521-1directors of the judicial district department of correctional
2services as provided in section 905.3, subsection 1, paragraph
3“a”, subparagraph (1).
4 Sec. 2810. Section 331.321, subsection 1, paragraph x, Code
52023, is amended by striking the paragraph.
6 Sec. 2811. Section 904.108, subsection 1, paragraph l, Code
72023, is amended to read as follows:
8l. Adopt rules, policies, and procedures, subject to
9the approval of the board, pertaining to community-based
10correctional programs, and the supervision of parole and work
11release.
12 Sec. 2812. NEW SECTION. 904.301A Appointment of directors.
13The director shall appoint, subject to the approval of the
14board, a director for each judicial district department of
15correctional services established in section 905.2.
16 Sec. 2813. Section 905.1, Code 2023, is amended to read as
17follows:
18905.1 Definitions.
19As used in this chapter, unless the context otherwise
20requires:
211. “Administrative agent” means the county selected by the
22district board to perform accounting, budgeting, personnel,
23facilities management, insurance, payroll and other supportive
24services on the behalf of the district board, or the district
25department itself, if so designated by the district board.
262. 1. “Community-based correctional program” means
27correctional programs and services, under the direction of a
28director and the Iowa department of corrections, including
29but not limited to an intermediate criminal sanctions program
30in accordance with the corrections continuum in section
31901B.1, designed to supervise and assist individuals who
32are charged with or have been convicted of a felony, an
33aggravated misdemeanor or a serious misdemeanor, or who
34are on probation or parole in lieu of or as a result of a
35sentence of incarceration imposed upon conviction of any
-1522-1of these offenses, or who are contracted to the district
2department for supervision and housing while on work release.
3A community-based correctional program shall be designed by a
4district department, under the direction and control of the
5Iowa department of corrections, in a manner that provides
6services in a manner free of disparities based upon an
7individual’s race or ethnic origin.
83. 2. “Director” means the director of a judicial district
9department of correctional services, appointed by the director
10of the Iowa department of corrections, and employed by the Iowa
11department of corrections.
124. 3. “District advisory board” means the advisory board
13of directors of a judicial district department of correctional
14services.
155. 4. “District department” means a judicial district
16department of correctional services, under the direction and
17control of the Iowa department of corrections, established as
18required by section 905.2.
196. “Project” means a locally functioning part of a
20community-based correctional program, officed and operating in
21a physical location separate from the offices of the district
22department.
237. “Project advisory committee” means a committee of no more
24than seven persons which shall act in an advisory capacity to
25the director on matters pertaining to the planning, operation,
26and other pertinent functions of each project in the judicial
27district. The members of the project advisory committee for
28each project shall be initially appointed by the director
29from among the general public. Not more than one half of the
30project advisory committee shall hold public office or public
31employment during membership on the committee. A person who
32holds public office as a county supervisor and serves on the
33board of directors under section 905.3 shall not be a member of
34a project advisory committee under this section. The terms of
35the initial members of the project advisory committee shall be
-1523-1staggered to permit the terms of just over half of the members
2to expire in two years and those of the remaining members to
3expire in one year. Subsequent appointments to the project
4advisory committee shall be by vote of a majority of the whole
5project advisory committee for two-year terms.
6 Sec. 2814. Section 905.2, Code 2023, is amended to read as
7follows:
8905.2 District departments established.
91. There is established in each judicial district in this
10state a public agency to be known as the “........judicial
11district department of correctional services.” Each district
12department shall furnish or contract for those services
13necessary to provide a community-based correctional program
14which meets the needs of that judicial district requirements of
15the Iowa department of corrections.
162. The district department is under the direction of a
17board of directors the Iowa department of corrections, selected
18as provided in section 905.3, and shall be administered by a
19director employed by the board Iowa department of corrections.
20A district department is a state agency for purposes of chapter
21669.
223. All employees of a district department shall be employees
23of the Iowa department of corrections.
24 Sec. 2815. Section 905.3, Code 2023, is amended to read as
25follows:
26905.3 Board of directors — executive committee District
27advisory board — expenses reimbursed.
281. a. The board of directors of A district advisory board
29is established for each district department, which shall serve
30in an advisory capacity to a director without compensation, and
31 shall be composed as follows:
32(1) One member shall be chosen appointed annually by a
33director from and by the board of supervisors of each county
34in the judicial district and shall be so designated annually
35by the respective boards of supervisors at the organizational
-1524-1meetings held under section 331.211.
2(2) One member shall be chosen from each of the project
3advisory committees within the judicial district, which person
4shall be designated annually, no later than January 15, by and
5from the project advisory committee. However, in lieu of the
6designation of project advisory committee members as members of
7the district board, the district board may The director shall
8 on or before December 31 appoint two citizen members to serve
9on the district advisory board for the following calendar year.
10(3) A number of members equal to the number of authorized
11board members from project advisory committees or equal to the
12number of citizen members shall be appointed by the chief judge
13of the judicial district no later than January 15 of each year
14 on or before December 31 to serve on the district advisory
15board for the following calendar year.
16b. Within thirty days after the members of the district
17board have been so designated for the year, the district
18board shall organize by election of a chairperson, a vice
19chairperson, and members of the executive committee as required
20by subsection 2. The district advisory board shall meet at
21least not more often than quarterly during the calendar year
22but may meet more frequently upon the call of the chairperson
23or upon a call signed by a majority, determined by weighted
24vote computed as in subsection 4, of the members of the board.
252. Each district board shall have an executive committee
26consisting of the chairperson and vice chairperson and at
27least one but no more than five other members of the district
28board. Either the chairperson or the vice chairperson shall
29be a supervisor, and the remaining representation on the
30executive committee shall be divided as equally as possible
31among supervisor members, project advisory committee members
32or citizen members, and judicially appointed members. The
33executive committee may exercise all of the powers and
34discharge all of the duties of the district board, as
35prescribed by this chapter, except those specifically withheld
-1525-1from the executive committee by action of the district board.
23. 2. The members of the district advisory board and of
3the executive committee shall be reimbursed from funds of the
4district department for travel and other expenses necessarily
5incurred in attending meetings of those bodies, or while
6otherwise engaged on business of the district department.
74. Each member of the district board shall have one vote
8on the board. However, upon the request of any supervisory
9member, the vote on any matter before the board shall be
10taken by weighted vote. In each such case, the vote of the
11supervisor representative of the least populous county in the
12judicial district shall have a weight of one unit, and the vote
13of each of the other supervisor members shall have a weight
14which bears the same proportion to one unit as the population
15of the county that supervisor member represents bears to the
16population of the least populous county in the district. In
17the event of weighted vote, the vote of each member appointed
18from a project advisory committee or of each citizen member and
19of each judicially appointed member shall have a weight of one
20unit.
21 Sec. 2816. Section 905.4, Code 2023, is amended to read as
22follows:
23905.4 Duties of the district advisory board.
24The district advisory board shall:
251. Adopt bylaws and rules for the conduct of its own
26business and for the government of the district department’s
27community-based correctional program.
282. Employ a director having the qualifications required by
29section 905.6 to head the district department’s community-based
30correctional program and, within a range established by the
31Iowa department of corrections, fix the compensation of and
32have control over the director and the district department’s
33staff. For purposes of collective bargaining under chapter
3420, employees of the district board who are not exempt from
35chapter 20 are employees of the state, and the employees of all
-1526-1of the district boards shall be included within one collective
2bargaining unit.
33. Designate one of the counties in the judicial district
4to serve as the district department’s administrative agent
5to provide, in that capacity, all accounting, personnel,
6facilities management and supportive services needed by the
7district department, on terms mutually agreeable in regard
8to advancement of funds to the county for the added expense
9it incurs as a result of being so designated. However, the
10district board may designate the district department itself as
11the district department’s administrative agent, if the district
12board determines that it would be more efficient and less
13costly than designating a county as the administrative agent.
144. File with the board of supervisors of each county in the
15district and with the Iowa department of corrections, within
16ninety days after the close of each fiscal year, a report
17covering the district board’s proceedings and a statement of
18receipts and expenditures during the preceding fiscal year.
195. 2. Arrange for, by contract or on such alternative
20basis as may be mutually acceptable, and equip Advise the
21director concerning suitable quarters at one or more sites in
22the district as may be necessary for the district department’s
23community-based correctional program, provided that the
24board shall to the greatest extent feasible utilize existing
25facilities and shall keep capital expenditures for acquisition,
26renovation and repair of facilities to a minimum. The
27district board shall not enter into lease-purchase agreements
28for the purposes of constructing, renovating, expanding, or
29otherwise improving a community-based correctional facility or
30office unless express authorization has been granted by the
31general assembly, and current funding is adequate to meet the
32lease-purchase obligation.
336. Have authority to accept property by gift, devise,
34bequest or otherwise and to sell or exchange any property
35so accepted and apply the proceeds thereof, or the property
-1527-1received in exchange therefor, to the purposes enumerated in
2subsection 5.
37. 3. Recruit, and promote, accept and use local financial
4support for the district department’s community-based
5correctional program from private sources such as community
6service funds, business, industrial and private foundations,
7voluntary agencies and other lawful sources.
88. Accept and expend state and federal funds available
9directly to the district department for all or any part of the
10cost of its community-based correctional program.
119. Arrange, by contract or on an alternative basis mutually
12acceptable, and with approval of the director of the Iowa
13department of corrections or that director’s designee for
14utilization of existing local treatment and service resources,
15including but not limited to employment, job training,
16general, special, or remedial education; psychiatric and
17marriage counseling; and alcohol and drug abuse treatment and
18counseling. It is the intent of this chapter that a district
19board shall approve the development and maintenance of such
20resources by its own staff only if the resources are otherwise
21unavailable to the district department within reasonable
22proximity to the community where these services are needed in
23connection with the community-based correctional program.
2410. Establish a project advisory committee to act in an
25advisory capacity on matters pertaining to the planning,
26operation, and other pertinent functions of each project in the
27judicial district.
2811. Have authority to establish a force of reserve peace
29officers, either separately or collectively through a chapter
3028E agreement, as provided in chapter 80D.
31 Sec. 2817. Section 905.6, Code 2023, is amended to read as
32follows:
33905.6 Duties of director.
34The director employed by the district board under section
35905.4, subsection 2, Iowa department of corrections shall be
-1528-1qualified in the administration of correctional programs. The
2director shall:
31. Perform the duties and have the responsibilities
4delegated by the district board or specified by the Iowa
5department of corrections pursuant to this chapter.
62. Manage the district department’s community-based
7correctional program, in accordance with the policies of the
8district board and the Iowa department of corrections.
93. Employ, with approval of the district board Iowa
10department of corrections, and supervise the employees of the
11district department, including reserve peace officers, if a
12force of reserve peace officers has been established.
134. Prepare all budgets and fiscal documents, and certify
14for payment all expenses and payrolls lawfully incurred by
15the district department. The director may invest funds which
16are not needed for current expenses, jointly with one or more
17cities, city utilities, counties, or rural water districts
18created under chapter 357A pursuant to a joint investment
19agreement. All investment of funds shall be subject to
20sections 12B.10 and 12B.10A and other applicable law.
215. Act as secretary to the district advisory board, prepare
22its agenda and record its proceedings. The district shall
23provide a copy of minutes from each meeting of the district
24advisory board to the legislative services agency.
256. Develop and submit to the district board Iowa department
26of corrections a plan for the establishment, implementation,
27and operation of a community-based correctional program in that
28judicial district, which program conforms to the guidelines
29drawn up by the Iowa department of corrections under this
30chapter and which conform to rules, policies, and procedures
31pertaining to the supervision of parole and work release
32adopted by the director of the Iowa department of corrections
33concerning the community-based correctional program.
347. Negotiate and, upon approval by the district board
35 Iowa department of corrections, implement contracts or other
-1529-1arrangements for utilization of local treatment and service
2resources authorized by section 905.4, subsection 9 15.
38. Administer the batterers’ treatment program for domestic
4abuse offenders required in section 708.2B.
59. Notify the board of parole, thirty days prior to release,
6of the release from a residential facility operated by the
7district department of a person serving a sentence under
8section 902.12.
910. File with the director of the Iowa department of
10corrections, within ninety days after the close of each
11fiscal year, a report covering the district advisory board’s
12proceedings and a statement of receipts and expenditures during
13the preceding fiscal year.
1411. Arrange for, upon approval of the Iowa department of
15corrections, by contract or on such alternative basis as may
16be mutually acceptable, and equip suitable quarters at one or
17more sites in the district as may be necessary for the district
18department’s community-based correctional program, provided
19that the director shall to the greatest extent feasible utilize
20existing facilities and shall keep capital expenditures for
21acquisition, renovation, and repair of facilities to a minimum.
22The director shall not enter into lease-purchase agreements
23for the purposes of constructing, renovating, expanding, or
24otherwise improving a community-based correctional facility or
25office unless express authorization has been granted by the
26general assembly, and current funding is adequate to meet the
27lease-purchase obligation.
2812. Have authority to accept property by gift, devise,
29bequest, or otherwise, and to sell or exchange any property
30so accepted and apply the proceeds thereof, or the property
31received in exchange therefor, to the purposes enumerated in
32subsection 11.
3313. Recruit, promote, accept, and use local financial
34support for the district department’s community-based
35correctional program from private sources such as community
-1530-1service funds, business, industrial and private foundations,
2voluntary agencies, and other lawful sources.
314. Accept and expend state and federal funds available
4directly to the district department for all or any part of the
5cost of its community-based correctional program.
615. Arrange, by contract or on an alternative basis mutually
7acceptable, and with approval of the director of the Iowa
8department of corrections or that director’s designee for
9utilization of existing local treatment and service resources,
10including but not limited to employment, job training,
11general, special, or remedial education; psychiatric and
12marriage counseling; and alcohol and drug abuse treatment and
13counseling.
1416. Have authority to establish a force of reserve peace
15officers, either separately or collectively through a chapter
1628E agreement, as provided in chapter 80D.
17 Sec. 2818. Section 905.9, Code 2023, is amended to read as
18follows:
19905.9 Report of review — sanction.
20Upon completion of a review of a district community-based
21correctional program, made under section 905.8, the Iowa
22department of corrections shall submit its findings to the
23district advisory board in writing. If the Iowa department
24of corrections concludes that the district department’s
25community-based correctional program fails to meet any of the
26requirements of this chapter and of the guidelines adopted
27under section 905.7, it shall also request in writing a
28response to this finding from the district advisory board.
29If a response is not received within sixty days after the
30date of that request, or if the response is unsatisfactory,
31the Iowa department of corrections may call a public hearing
32on the matter. If after the hearing, the Iowa department
33of corrections is not satisfied that the district’s
34community-based correctional program will expeditiously be
35brought into compliance with the requirements of this chapter
-1531-1and of the guidelines adopted under section 905.7, it may
2assume responsibility for administration of the district’s
3community-based correctional program on an interim basis.
4 Sec. 2819. REPEAL. Section 905.5, Code 2023, is repealed.
5 Sec. 2820. TRANSITION PROVISIONS.
61. Any rule promulgated by a district board of a judicial
7district department of correctional services as required to
8administer and enforce the provisions of chapter 905 shall
9continue in full force and effect until amended, repealed, or
10supplemented by affirmative action of the Iowa department of
11corrections.
122. Any contract entered into by a district board of a
13judicial district department of correctional services relating
14to the provisions of chapter 905 in effect on the effective
15date of this Act shall continue in full force and effect
16pending transfer of such contract to the Iowa department of
17corrections.
183. Any moneys remaining in any account or fund under the
19control of a district board of a judicial district department
20of correctional services on the effective date of this division
21of this Act and relating to the provisions of this division of
22this Act shall be transferred to a comparable fund or account
23under the control of the Iowa department of corrections.
24Notwithstanding section 8.33, the moneys transferred in
25accordance with this subsection shall not revert to the account
26or fund from which appropriated or transferred.
27 Sec. 2821. TRANSITION — APPOINTMENT AND TERM OF DISTRICT
28BOARD MEMBERS. This division of this Act shall not affect the
29appointment or term of a member serving on a district board
30of a judicial district department of correctional services
31immediately prior to the effective date of this division of
32this Act.
33DIVISION XVII
34BOARD OF PAROLE
35 Sec. 2822. Section 904A.1, Code 2023, is amended to read as
-1532-1follows:
2904A.1 Board of parole — organization.
31. The board of parole is created to consist of five
4members. Each member, except the chairperson and the vice
5chairperson, shall be compensated on a day-to-day basis shall
6be appointed by the governor subject to confirmation by the
7senate. Each member shall serve a term of four years beginning
8and ending as provided by section 69.19, except for members
9appointed to fill vacancies who shall serve for the balance
10of the unexpired term. The terms shall be staggered. The
11chairperson and vice chairperson All members of the board shall
12be full-time, salaried members of the board. A majority of the
13members of the board constitutes a quorum to transact business.
142. The governor shall appoint a member of the board as the
15chairperson and vice chairperson of the board, each subject to
16confirmation by the senate. The appointments as chairperson
17and vice chairperson shall serve at the pleasure of the
18governor.
19 Sec. 2823. Section 904A.6, Code 2023, is amended to read as
20follows:
21904A.6 Salaries and expenses.
22Each member, except the chairperson and the vice
23chairperson, of the board shall be paid per diem as determined
24by the general assembly. The chairperson and vice chairperson
25 of the board shall be paid a salary as determined by the
26general assembly. Each member of the board and all employees
27are entitled to receive, in addition to their per diem or
28 salary, their necessary maintenance and travel expenses while
29engaged in official business.
30 Sec. 2824. REPEAL. Sections 904A.2A and 904A.3, Code 2023,
31are repealed.
32 Sec. 2825. TRANSITION — APPOINTMENT AND TERM OF BOARD OF
33PAROLE MEMBERS. This division of this Act shall not affect the
34appointment or term of a member serving on the board of parole
35immediately prior to the effective date of this division of
-1533-1this Act.
2DIVISION XVIII
3SALARIES OF APPOINTED STATE OFFICERS
4 Sec. 2826. APPOINTED STATE OFFICERS — SALARY RANGES.
51. Unless otherwise provided by law, the governor shall
6establish a salary for nonelected persons appointed by the
7governor within the executive branch of state government.
8In establishing a salary for a person holding a position
9enumerated in subsection 3 within the range provided, the
10governor may consider, among other items, the experience of
11the person in the position, changes in the duties of the
12position, the incumbent’s performance of assigned duties,
13and subordinates’ salaries. However, the attorney general
14shall establish the salary of the consumer advocate, the
15chief justice of the supreme court shall establish the salary
16of the state court administrator, the ethics and campaign
17disclosure board shall establish the salary of the executive
18director, the Iowa public information board shall establish
19the salary of the executive director, the board of regents
20shall establish the salary of the executive director, and the
21Iowa public broadcasting board shall establish the salary of
22the administrator of the public broadcasting division of the
23department of education, each within the salary range provided
24in subsection 3.
252. A person whose salary is established pursuant to this
26section and who is a full-time, year-round employee of the
27state shall not receive any other remuneration from the state
28or from any other source for the performance of that person’s
29duties unless the additional remuneration is first approved by
30the governor or authorized by law. However, this subsection
31does not apply to reimbursement for necessary travel and
32expenses incurred in the performance of duties or fringe
33benefits normally provided to employees of the state.
343. a. The following annual salary ranges for appointed
35state officers are effective for the positions specified in
-1534-1this subsection for the fiscal year beginning July 1, 2023,
2effective for the pay period beginning June 23, 2023, and
3for subsequent fiscal years until otherwise provided by the
4general assembly. The governor or other person designated
5in subsection 1 shall determine the salary to be paid to the
6person indicated at a rate within the applicable salary range
7from moneys appropriated by the general assembly for that
8purpose.
9SALARY RANGE Minimum Maximum
10(1) Range 4 $ 63,690 $ 97,460
11(2) Range 5 $ 73,250 $112,070
12(3) Range 6 $ 84,240 $128,890
13(4) Range 7 $100,840 $154,300
14b. The following are range 4 positions: chairperson and
15members of the employment appeal board of the department of
16inspections, appeals, and licensing, director of the Iowa state
17civil rights commission, director of the department for the
18blind, executive director of the ethics and campaign disclosure
19board, executive director of the Iowa public information board,
20and chairperson, vice chairperson, and members of the board of
21parole.
22c. The following are range 5 positions: state public
23defender, labor commissioner, workers’ compensation
24commissioner, director of the law enforcement academy, and
25executive director of the public employment relations board.
26d. The following are range 6 positions: superintendent of
27banking, superintendent of credit unions, consumer advocate,
28and chairperson and members of the utilities board.
29e. The following are range 7 positions: administrator
30of the public broadcasting division of the department of
31education, executive director of the Iowa telecommunications
32and technology commission, executive director of the state
33board of regents, lottery administrator of the department of
34revenue, and state court administrator.
35 Sec. 2827. Section 8A.102, subsection 2, Code 2023, is
-1535-1amended to read as follows:
22. The person appointed as director shall be professionally
3qualified by education and have no less than five years’
4experience in the field of management, public or private sector
5personnel administration including the application of merit
6principles in employment, financial management, and policy
7development and implementation. The appointment shall be made
8without regard for political affiliation. The director shall
9not be a member of any local, state, or national committee
10of a political party, an officer or member of a committee in
11any partisan political club or organization, or hold or be a
12candidate for a paid elective public office. The director is
13subject to the restrictions on political activity provided
14in section 8A.416. The governor shall set the salary of the
15director within pay grade nine.
16 Sec. 2828. Section 80.2, Code 2023, is amended to read as
17follows:
1880.2 Commissioner — appointment.
19The chief executive officer of the department of public
20safety is the commissioner of public safety. The governor
21shall appoint, subject to confirmation by the senate, a
22commissioner of public safety, who shall be a person of
23high moral character, of good standing in the community in
24which the commissioner lives, of recognized executive and
25administrative capacity, and who shall not be selected on the
26basis of political affiliation. The commissioner of public
27safety shall devote full time to the duties of this office; the
28commissioner shall not engage in any other trade, business, or
29profession, nor engage in any partisan or political activity.
30The commissioner shall serve at the pleasure of the governor,
31at an annual salary as fixed by the general assembly.
32 Sec. 2829. Section 84A.1, subsection 2, paragraph b, Code
332023, is amended to read as follows:
34b. The governor shall set the salary of the director
35within the applicable salary range established by the general
-1536-1assembly.
2 Sec. 2830. Section 256.10, subsection 1, Code 2023, is
3amended to read as follows:
41. The salary of the director shall be fixed by the governor
5within a range established by the general assembly.
6 Sec. 2831. Section 307.11, subsection 2, Code 2023, is
7amended to read as follows:
82. The director shall receive a salary as fixed by the
9governor within a salary range set by the general assembly.
10 Sec. 2832. Section 455A.3, Code 2023, is amended to read as
11follows:
12455A.3 Director — qualifications.
13The chief administrative officer of the department is
14the director who shall be appointed by the governor, subject
15to confirmation of the senate, and serve at the governor’s
16pleasure. The governor shall make the appointment based on
17the appointee’s training, experience, and capabilities. The
18director shall be knowledgeable in the general field of natural
19resource management and environmental protection. The salary
20of the director shall be fixed by the governor within salary
21guidelines or a range established by the general assembly.
22 Sec. 2833. EFFECTIVE DATE. This division of this Act takes
23effect June 23, 2023.
24DIVISION XIX
25BOARDS AND COMMISSIONS
26 Sec. 2834. BOARDS AND COMMISSIONS REVIEW COMMITTEE —
27REPORT.
281. A boards and commissions review committee shall be
29established to study the efficiency and effectiveness of each
30board, council, commission, committee, or other similar entity
31of the state established by the Code. The committee shall
32evaluate the extent to which the goals and objectives of those
33entities are currently being met and make recommendations for
34the continuation, elimination, consolidation, or reorganization
35of those entities as needed.
-1537- 12. The committee shall consist of six voting members and
2four ex officio, nonvoting members.
3a. The voting members of the committee shall be composed of
4all of the following:
5(1) One staff member of the governor’s office, appointed by
6the governor.
7(2) The administrative rules coordinator or the
8coordinator’s designee.
9(3) The director of the department of management or the
10director’s designee.
11(4) The director of the department of inspections, appeals,
12and licensing or the director’s designee.
13(5) One assistant attorney general, appointed by the
14governor upon recommendation of the attorney general.
15(6) One member of the public, appointed by the governor.
16b. The ex officio, nonvoting members of the committee shall
17be two state representatives, one appointed by the speaker of
18the house of representatives and one by the minority leader
19of the house of representatives, and two state senators, one
20appointed by the majority leader of the senate and one by the
21minority leader of the senate.
223. The office of the governor shall provide staffing for
23the committee. The committee may seek the expertise and
24services of individuals or entities outside of its membership
25for research, advice, consultation, support, or other needs in
26furtherance of its responsibilities.
274. The committee shall submit a report containing its
28findings and recommendations to the governor and the general
29assembly on or before September 30, 2023.
305. All departments, agencies, boards, councils,
31commissions, committees, or other similar entity of the
32state established by the Code shall cooperate fully with the
33committee in its review process.
34DIVISION XX
35MISCELLANEOUS PROVISIONS
-1538-1 Sec. 2835. IRRECONCILABLE AMENDMENTS. If an amendment
2to a statute in this Act is irreconcilable with an amendment
3made to the same statute that is contained in division I of
4this Act that implements the transition of the department of
5human services and the department of public health into the
6department of health and human services as required in 2022
7Iowa Acts, chapter 1131, section 51, the amendment to the
8statute that is not contained in division I of this Act shall
9prevail over and shall be codified instead of the amendment
10to the same statute that is contained in division I of this
11Act that implements the transition of the department of
12human services and the department of public health into the
13department of health and human services.
14 Sec. 2836. TRANSITION PROVISIONS.
151. Administrative rules.
16a. Any rule, regulation, form, order, or directive
17promulgated by any state agency mentioned in this Act,
18including any agency abolished, merged, or altered in this Act,
19and in effect on July 1, 2023, shall continue in full force and
20effect until amended, repealed, or supplemented by affirmative
21action of the appropriate state agency under the duties and
22powers of state agencies as established in this Act and under
23the procedure established in paragraph “b”, if applicable.
24b. In regard to updating references and format in the
25Iowa administrative code in order to correspond to the
26restructuring of state government as established in this Act,
27the administrative rules coordinator and the administrative
28rules review committee, in consultation with the administrative
29code editor, shall jointly develop a schedule for the necessary
30updating of the Iowa administrative code.
312. Legal obligations.
32a. Any license or permit issued by any state agency
33mentioned in this Act, including any agency abolished, merged,
34or altered in this Act, and in effect on July 1, 2023, shall
35continue in full force and effect until expiration or renewal.
-1539- 1b. Any loan, grant, or item of value awarded, or contract
2entered into, as of July 1, 2023, by any state agency mentioned
3in this Act, including any agency abolished, merged, or altered
4in this Act, shall continue in full force and effect pursuant
5to the terms of the award of such loan, grant, item of value,
6or contract.
73. Personnel. Any personnel in the state merit system of
8employment who are mandatorily transferred due to the effect of
9this Act shall be so transferred without any loss in salary,
10benefits, or accrued years of service.
114. Funds. Any funds in any account or fund that is
12altered in this Act, or of a state agency abolished, merged,
13or altered in this Act, shall be transferred to the comparable
14fund or account or state agency as provided by this Act.
15Notwithstanding section 8.33, moneys transferred in accordance
16with this subsection shall not revert to the account or fund
17from which appropriated or transferred.
185. Litigation. Any administrative hearing, cause of
19action, or statute of limitation relating to a state agency
20transferred to another state agency as provided by this Act
21shall not be affected as a result of the transfer and such
22cause or statute of limitation shall apply to the successor
23state agency.
246. Boards and commissions. The holder of any position of
25membership on any board, committee, commission, or council in
26state government shall continue to hold such position until
27the end of the member’s term of office, notwithstanding any
28change in the name or organizational location of such board,
29committee, commission, or council that is made by this Act.
307. Signs and insignia. Any replacement of signs, logos,
31stationery, insignia, uniforms, and related items that is made
32due to the effect of this Act should be done as part of the
33normal replacement cycle for such items.
34 Sec. 2837. APPLICABILITY. The transition provisions in
35this division of this Act, to the extent not inconsistent with
-1540-1alternative provisions specifically provided by law or this
2Act, shall apply to this Act.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to the organization, structure, and
7functions of state government. The bill is organized by
8divisions.
9DIVISION I — DEPARTMENT OF HEALTH AND HUMAN SERVICES. This
10division provides the legislative changes for the realignment
11of the department of human services (DHS) and department of
12public health (DPH) into the department of health and human
13services (HHS), as necessary, for consideration by the general
14assembly during the 2023 legislative session to implement the
15realignment effective July 1, 2023, as required by 2022 Iowa
16Acts, chapter 1131, section 51, subsection 6, paragraph “a”.
17In addition, the bill incorporates into HHS the department
18on aging (DOA), the department of human rights (DHR), early
19childhood Iowa, and the Iowa commission on volunteer services.
20The bill eliminates references to the subunit structure
21and the heads of such subunits of HHS and other agencies
22incorporated into HHS below the department level, including
23divisions, bureaus, and administrators. Some of these include
24the center for rural health and primary care, the center
25for congenital and inherited disorders, the oral health and
26delivery systems bureau, the division of tobacco use prevention
27and control, the division for records and statistics, the
28bureau of professional licensure, the division of acute disease
29prevention and emergency response, the division of mental
30health and disability services, the administrator assigned to
31control the state mental health institutes and state resource
32centers, the administrator of mental health and disability
33services, the division to which the director of DHS had
34assigned responsibility for income and service programs, the
35administrator of the child support recovery unit, and the
-1541-1division of adult, children, and family services. Instead,
2the references are changed so that HHS, the director of HHS,
3or a designee is responsible for these functions. The bill
4authorizes the director of HHS to organize HHS into subunits as
5necessary to most efficiently carry out the responsibilities
6of HHS.
7The bill restructures the membership of boards, commissions,
8and other entities to avoid duplicative representation by more
9than one person representing HHS following the incorporation of
10other agencies and units of government into HHS.
11The bill changes current Code references to “child support
12recovery unit” to “child support services” and the reference to
13“foster care recovery unit” to “foster care services”.
14The bill changes current Code references to “substance
15abuse”, “drug abuse”, and similar terms, to “substance use
16disorder”.
17The bill designates “record check evaluation system” to
18refer to the process used by HHS to perform child and dependent
19adult abuse record checks and to evaluate criminal history and
20abuse records.
21The bill changes current Code references to “food stamps” to
22“supplemental nutrition assistance program”.
23The bill eliminates the state board of health and replaces
24the board with the council on health and human services, but
25retains local boards of health and local health departments.
26The bill amends the membership of the HHS council to expand
27voting membership from seven to nine members, and requires
28that at least one of these members is a physician licensed to
29practice medicine in Iowa.
30Through incorporation of DHR into HHS, the bill eliminates
31the division of community advocacy and services, the division
32of community action agencies, and the division of criminal and
33juvenile justice planning, and assigns the functions of these
34former divisions to HHS while retaining the underlying offices,
35commissions, councils, and the human rights board.
-1542- 1The bill eliminates current Code references to “service
2area” and “service area manager” for the delivery of services,
3but retains references to county offices and advisory boards.
4The bill moves the Code provision establishing the child
5abuse prevention advisory committee from a general provision
6under Code chapter 217 (DHS) to a new provision under Code
7chapter 235A (child abuse).
8The bill changes current Code references to the “hawk-i”
9program and related terms to the “Hawki” program and related
10terms to reflect current program branding.
11The bill also moves the function of the Iowa child death
12review team from the office of the state medical examiner
13to HHS; establishes the Iowa domestic abuse death review
14team under HHS rather than as an independent agency of
15state government; eliminates the reference to Iowa Medicaid
16enterprise and assigns those functions to the Medicaid program;
17moves the responsibility for regulation of consumable hemp to
18HHS from the department of inspections and appeals (DIA); and
19moves the creation of the child advocacy board from DIA to HHS.
20The bill updates or eliminates outdated Code provisions.
21The bill repeals Code chapter 136 (state board of health)
22and incorporates the functions of the board of health into the
23council on health and human services.
24The bill repeals Code sections 135.2 (appointment of
25director and acting director) under the former DPH; 135.3
26(disqualifications) relating to the former director of DPH;
27135.6 (assistants and employees) relating to the former
28DPH; 135.7 (bonds) relating to bond requirements for certain
29employees of the former DPH; 135.8 (seal) relating to the
30official seal of DPH; 135.9 (expenses) relating to travel
31expenses for employees of the former DPH; 135.10 (office)
32relating to the location of the former DPH at the seat of
33government; 216A.2 (appointment of department director,
34deputy director, and administrators — duties) relating to
35appointments for the former DHR; 217.7 (administration of
-1543-1divisions); 217.9 (additional duties); 217.10 (administrator
2of division of mental health and disability services);
3217.15 (administrator of division of administration)
4relating to the administrator position under the former DHS;
5217.16 (cooperation with other divisions) relating to the
6administrator of the division of administration with others
7under the former DHS; 217.17 (administrator of division of
8planning) relating to the administrator under the former
9DHS; 218.19 (districts) relating to the administrator of
10institutions having control of an institution under control
11of the former DHS; 218.20 (place of commitments — transfers)
12relating to commitments by district under the former DHS;
13218.40 (services required) relating to services required to be
14rendered by residents of institutions; 218.53 (dealers may file
15addresses) relating to the provision of contact information
16for those desiring to provide services to institutions;
17218.54 (samples preserved) relating to the retention of
18when purchases made by sample at institutions; 222.6 (state
19districts) relating to districts for resource centers; 227.19
20(administrator defined) relating to the administrator in
21control of mental health institutes under the former DHS;
22231.22 (director — assistant director) relating to the
23director and assistant director of former DOA; and 234.2
24(division created) relating to the division of child and family
25services under the former DHS.
26The bill repeals 2022 Iowa Acts, chapter 1098, sections 68
27and 92, relating to a future amendment to Code section 232.142
28relating to juvenile detention homes which would have moved
29administration fully to DHR and the provision making section 68
30effective July 1, 2023.
31DIVISION II — DEPARTMENT OF ADMINISTRATIVE SERVICES.
32 This division transfers the library services duties of the
33department of education, the state archivist and duties related
34to state records and archives, and most of the historical
35division of the department of cultural affairs to the
-1544-1department of administrative services. The bill also provides
2that the department of administrative services shall undertake
3responsibilities under Code chapter 305B, concerning museum
4property, currently provided by the department of cultural
5affairs.
6LIBRARY SERVICES. Code sections 256.50 to 256.73,
7concerning the library services duties of the department of
8education, are transferred to the department of administrative
9services in Code chapter 8A. The bill eliminates the library
10services division of the department of education and transfers
11duties and responsibilities of the division to the department
12of administrative services. The state librarian is transferred
13to the department of administrative services and the bill
14further provides that the state librarian shall be appointed
15by the director of the department of administrative services
16and not by the state commission of libraries. The state
17commission of libraries is also transferred to the department
18of administrative services and the bill adds the director of
19the department of administrative services as a member of the
20commission. The bill retains the rulemaking authority of the
21commission as it relates to library services.
22STATE RECORDS AND ARCHIVES. Code chapter 305, the state
23records and archives Act, is transferred to Code chapter 8A.
24 The bill transfers the duties currently performed by the
25department of cultural affairs under that Code chapter to the
26department of administrative services. The bill also strikes
27the director of the department of cultural affairs as a member
28of the state records commission. The bill also provides that
29the director of the department of administrative services,
30and not the administrator of the historical division of the
31department of cultural affairs, shall serve as an ex officio
32member of the Iowa historical records advisory board.
33HISTORICAL RESOURCES. The bill transfers most of the
34duties of the historical division of the department of
35cultural affairs and the administrator of that division to
-1545-1the department of administrative services and the director of
2the department of administrative services under Code chapter
38A. Duties of the historical division described in Code
4section 303.2 are generally transferred to the department of
5administrative services. The historic preservation officer,
6as well as related duties concerning historic properties and
7historic preservation activities, is not transferred to the
8department of administrative services. References to the
9historical division and to the state historical society as an
10agency of the state are eliminated and those responsibilities
11are transferred to the department of administrative services.
12The bill specifically defines the state historical society as
13a membership organization of the department of administrative
14services and retains those duties and responsibilities
15currently assigned to the state historical society as a
16membership organization with the state historical society.
17Current references to the state historical society as a
18state agency are changed to department of administrative
19services. The bill transfers the Iowa heritage fund and the
20historical resource development program to the department of
21administrative services.
22The bill provides that those duties currently assigned to
23the department of cultural affairs under Code chapter 305B,
24concerning museum property, are assigned to the department of
25administrative services.
26Finally, the bill also provides that control of the battle
27flag restoration fund, created in 2012 Iowa Acts, chapter 1136,
28shall be assigned to the department of administrative services
29and not the department of cultural affairs.
30DIVISION III — DEPARTMENT OF INSPECTIONS, APPEALS, AND
31LICENSING. This division of the bill renames the department of
32inspections and appeals (DIA) the department of inspections,
33appeals, and licensing (DIAL), and modifies the organizational
34structure and duties of the renamed department.
35ORGANIZATION — GENERAL PROVISIONS. Code section 7E.5,
-1546-1listing the principal departments of state government, is
2amended to reflect the change of DIA to DIAL and to reflect
3that the duties of the department include licensing, and laws
4related to employment safety, labor standards, and workers’
5compensation.
6Code chapter 10A, governing the department, is amended to
7reflect the expanded duties of the department as provided in
8the bill. The organizational structure of the department is
9amended to eliminate the investigations and health facilities
10division of the department and to add a labor services and
11workers’ compensation division.
12Code section 10A.104, providing for the powers and duties
13of the director of DIAL, is amended to reflect the transfer of
14duties to the director in the bill. The bill also provides for
15a teleconference option for boards and commissions under the
16purview of DIAL relating to health-related professions.
17LABOR SERVICES. The bill transfers the labor services
18division and labor commissioner, currently under the department
19of workforce development, to DIAL, including duties of the
20division and commissioner.
21The bill provides that the labor commissioner shall
22serve at the pleasure of the governor and not for a six-year
23term. The bill also provides that current duties of the
24labor commissioner under Code chapter 87, governing workers’
25compensation, and Code chapter 88, governing occupational,
26safety, and health, are retained as duties of the labor
27commissioner under DIAL. All other current labor-related
28duties of the labor commissioner, except for duties under
29Code section 73A.21 and Code chapter 94A, are transferred to
30DIAL and the director of DIAL, and not retained by the labor
31commissioner. The bill transfers the duties of the labor
32commissioner under Code section 73A.21 concerning bidder
33preferences to the department of administrative services.
34WORKERS’ COMPENSATION. The bill transfers the workers’
35compensation services division and workers’ compensation
-1547-1commissioner, including duties of the division and
2commissioner, currently under the department of workforce
3development, to DIAL. The bill further provides that the
4workers’ compensation commissioner shall serve at the pleasure
5of the governor and not for a six-year term.
6LICENSING AND REGULATION ACTIVITIES. The division
7transfers several licensing and regulation functions of
8state government to DIAL. The licensing and regulation of
9certain fire control and building code-related activities are
10transferred from the state fire marshal and the commissioner
11of public safety to DIAL. The licensing and regulation of
12certain health-related professions are transferred from the
13department of public health to DIAL. Finally, the licensing
14and regulation of certain business and commerce-related
15professions are transferred from the department of commerce and
16the professional licensing and regulation bureau of the banking
17division of the department of commerce to DIAL.
18New Code section 10A.507 creates a licensing and regulation
19fund under the control of DIAL and provides that moneys in the
20fund are appropriated to DIAL to fulfill the administration
21and enforcement responsibilities of the department. The new
22Code section provides that moneys in the fund shall not revert
23and that interest and earnings on moneys in the fund shall be
24credited to the fund.
25Concerning fire control duties, the bill transfers several
26duties currently performed by the state fire marshal to
27DIAL and the DIAL director. Specifically, those duties of
28the state fire marshal unrelated to arson investigations
29provided in Code chapter 100 are transferred to DIAL. In
30addition, duties and responsibilities of the state fire
31marshal and department of public safety under Code chapter 100C
32concerning fire extinguishing and alarm systems contractors
33and installers, Code chapter 100D concerning fire protection
34system installation and maintenance, Code chapter 101
35concerning combustible and flammable liquids and liquefied
-1548-1gases, Code chapter 101A concerning explosive materials, and
2Code chapter 101B concerning cigarette fire safety standards,
3are transferred to DIAL and the DIAL director. Also, state
4fire marshal duties related to school infrastructure, health
5care facilities, motor fuel facilities and dispensers, elder
6group homes, assisted living programs, adult day services,
7child foster care and child care facilities, children’s
8residential facilities, board of regents, school child care
9program facilities, fireworks, and department of corrections
10institutions, are transferred to DIAL and the director of
11DIAL. Finally, Code section 12.83, providing for allocation
12of certain school infrastructure fund moneys, is amended to
13transfer the allocation to DIAL.
14Concerning state building code duties, the bill provides
15that the DIAL director, and not the commissioner of public
16safety, is the state building code commissioner and is
17responsible for those duties performed by the state building
18code commissioner. In addition, duties and responsibilities
19of the state fire marshal and department of public safety
20under Code chapter 103 concerning electricians and electrical
21contractors, are transferred to DIAL and the director of DIAL.
22Finally, the duties and responsibilities of the department of
23public health and the state fire marshal under Code chapter 105
24concerning plumbers, mechanical professionals, and contractors,
25are transferred to DIAL and the director of DIAL.
26Concerning health-related professions and other
27related duties, the bill generally transfers licensing and
28board-related duties currently under the jurisdiction of
29the department of public health to DIAL and the director of
30DIAL. The bill provides that the boards and laws relative to
31“Health-related Professions”, Title IV, subtitle 3, of the
32Code, excluding Code chapter 147, are transferred from the
33department of public health to DIAL. The bill eliminates
34the professional licensure division of the department of
35public health and provides that the DIAL director, and not
-1549-1the director of public health, shall appoint and supervise
2a full-time executive director for the board of medicine,
3the board of nursing, the dental board, and the board of
4pharmacy. Current responsibilities of the department of public
5health relating to tattooing, natural hair braiding, and lead
6abatement are also transferred to DIAL and the DIAL director.
7Concerning the licensing and regulation of certain business
8and commerce-related professions, the bill eliminates the
9professional licensing and regulation bureau of the banking
10division of the department of commerce and transfers duties
11of the bureau as well as other department of commerce duties
12to DIAL and the DIAL director. Specifically, duties and
13responsibilities of the department of commerce and bureau
14under Code chapter 542B concerning professional engineers
15and land surveyors, Code chapter 534B concerning real estate
16brokers and salespersons, Code chapter 543D concerning real
17estate appraisals and appraisers, Code chapter 543E concerning
18real estate appraisal management companies, Code chapter 544A
19concerning licensed architects, Code chapter 544B concerning
20landscape architects, and Code chapter 544C concerning
21registered interior designers, are transferred to DIAL and
22the DIAL director. Code section 546.10, concerning the
23professional licensing and regulation bureau, is amended and
24transferred to Code chapter 10A governing DIAL. The bill also
25provides that fees currently collected by the department of
26commerce and bureau related to those boards and Code chapters
27reassigned to DIAL shall be deposited in the licensing and
28regulation fund created by the bill and not the general fund of
29the state or the commerce revolving fund. Provisions governing
30the current use of fees collected in Code section 546.10 are
31amended to reflect the changes in the bill.
32ADMINISTRATIVE LAW JUDGES. The division provides that
33administrative law judges utilized for purposes of unemployment
34security, the civil rights commission, the department of
35education, special education, and board of educational
-1550-1examiners shall be administrative law judges employed by the
2division of administrative hearings of DIAL under Code chapter
310A.
4CIVIL RIGHTS COMMISSION. The division provides that the
5Iowa state civil rights commission shall be created within
6DIAL.
7CONFORMING CHANGES. The division amends the Code as
8necessary to conform to the changes provided in the division
9relative to changing the name and duties of the renamed DIAL.
10DIVISION IV — DEPARTMENT OF JUSTICE. This division of
11the bill relates to the department of justice. The bill
12eliminates the position of general counsel of the department
13of transportation and directs the attorney general to provide
14legal services for the department of transportation. The bill
15strikes a provision making certain employees of the department
16of justice and administrative law judges appointed or employed
17by the public employment relations board subject to the merit
18system.
19The bill allows the attorney general to prosecute a criminal
20proceeding without first receiving a request from a county
21attorney to act as a county attorney. The bill requires the
22attorney general to submit a report by January 15 of each year
23detailing all money settlement awards and court money awards
24that were awarded to the state of Iowa in the previous year.
25The bill changes the title of the first assistant attorney
26general to “chief deputy attorney general”. The bill repeals
27Code sections allowing the attorney general to appoint
28assistant attorneys general to perform and supervise the legal
29work of the department of revenue and the division of child
30and family services of the department of human services. The
31bill allows the attorney general to charge state governmental
32entities for the cost of performing legal services and to
33require state governmental entities to provide office space for
34an assistant attorney general or other staff providing legal
35services exclusively for that entity. The bill changes the
-1551-1circumstances under which an entity of the state may employ
2private legal counsel.
3The bill grants the attorney general exclusive jurisdiction
4to prosecute election-related crimes.
5The bill exempts all employees of the department of justice
6from Code chapter 20 (public employment relations (collective
7bargaining)). Currently, nonsupervisory employees of the
8consumer advocate division who are employed primarily for the
9purpose of performing technical analysis of nonlegal issues are
10not exempt.
11The bill eliminates the position of special assistant
12attorney general for claims and transfers the duties of the
13position to the attorney general.
14The bill strikes a provision requiring the department of
15public safety to employ an assistant attorney general.
16The bill changes certain provisions for the appointment
17and removal of the consumer advocate by the attorney general,
18including by striking a requirement that the consumer advocate
19be an attorney. The bill also provides that the attorney
20general, and not the consumer advocate, may employ attorneys
21and other employees necessary to discharge the duties of the
22consumer advocate division.
23The division takes effect upon enactment.
24DIVISION V — ECONOMIC DEVELOPMENT AUTHORITY. This division
25of the bill concerns the duties and responsibilities of
26the economic development authority and the director of the
27authority.
28CULTURAL AFFAIRS. This division of the bill transfers
29the responsibilities of the department of cultural affairs,
30including the arts division and the film office, to the
31economic development authority (authority). The division
32eliminates the department of cultural affairs and all related
33internal organizational structure under the department. The
34division makes conforming changes to Code sections 7E.5,
358A.412, 306D.2, 321.252, 404A.1, 404A.3, 404A.6, 423.3, 427.16,
-1552-1465A.2, 465B.2, and 465B.3.
2STATE HISTORIC PRESERVATION OFFICER. This division of the
3bill transfers the state historic preservation officer (SHPO),
4and all related duties of the SHPO, under the authority.
5IOWA FINANCE AUTHORITY. This division of the bill codifies
6that the director of the authority shall also serve as the
7director of the Iowa finance authority. The bill also provides
8that the director of the economic development authority shall
9serve at the pleasure of the governor and not for a four-year
10term.
11DIVISION VI — ECONOMIC DEVELOPMENT AUTHORITY — PARTNER
12STATE PROGRAM. This division of the bill codifies the partner
13state program and puts the program under the authority.
14The division takes effect upon enactment and includes an
15applicability provision relating to sister state agreements
16entered into before the effective date of the division.
17DIVISION VII — PUBLIC EMPLOYMENT RELATIONS BOARD. This
18division relates to the public employment relations board
19(PERB).
20The bill strikes language providing that when the governor
21selects members of the PERB, consideration shall be given
22to their knowledge, ability, and experience in the field
23of labor-management relations. The bill strikes language
24providing that members of the PERB shall devote full time to
25their duties. The bill additionally requires the PERB to meet
26at least quarterly and modifies language pertaining to the
27compensation of PERB members and employees.
28The bill provides for an executive director of the PERB
29appointed by and serving at the pleasure of the governor
30and subject to confirmation by the senate. In selecting
31the executive director, consideration shall be given to the
32person’s knowledge, ability, and experience in the field of
33labor-management relations. The governor shall set the salary
34of the executive director within the applicable salary range
35established by the general assembly. The bill authorizes
-1553-1the PERB to delegate its powers and duties to the executive
2director or persons employed by the PERB, as appropriate.
3The bill provides that in a petition for judicial review of
4a decision of the PERB in a contested case under Code chapter
520, the opposing party shall be named the respondent, and the
6PERB shall not be named as a respondent, notwithstanding Code
7chapter 17A, the Iowa administrative procedure Act. The bill
8provides that judicial review of agency action by the PERB
9under Code chapter 20 is not subject to Code chapter 17A. The
10bill additionally strikes language providing that the powers
11and duties of the PERB include preparing legal briefs and
12presenting oral arguments in court cases affecting the PERB.
13DIVISION VIII — DEPARTMENT OF HOMELAND SECURITY AND
14EMERGENCY MANAGEMENT. Under current law, the department
15of human services administers the disaster aid individual
16assistance grant fund and the disaster case management grant
17fund. The bill provides that the department of homeland
18security and emergency management shall administer the funds.
19The name of the disaster case management grant fund is changed
20to the disaster case advocacy grant fund.
21The bill also provides that the director of the department of
22homeland security and emergency management shall be subject to
23confirmation by the senate and shall serve at the pleasure of
24the governor.
25The bill makes conforming Code changes.
26DIVISION IX — DEPARTMENT OF VETERANS AFFAIRS. This
27division relates to the administration of veterans services and
28the transfer of responsibility for such services.
29The division requires the department of veterans affairs
30(IVA) to reimburse the auditor of state for audits and
31examinations the auditor of state conducts relating to the Iowa
32veterans home.
33The division combines the duties of the IVA director and
34the Iowa veterans home commandant into a single position
35and changes the title of the head of IVA from director to
-1554-1commandant.
2The division replaces the commission’s authority to
3supervise the commandant’s administration of operations and
4conduct of the Iowa veterans home with the authority to review
5and approve applications for distributions of moneys from the
6veterans license fee fund and the veterans trust fund.
7The division makes several conforming Code changes.
8DIVISION X — OFFICE OF DRUG CONTROL POLICY. Current law
9provides that the governor’s office of drug control policy
10shall be an independent office, located at the same location
11as the department of public safety. Administrative support
12services may be provided to the governor’s office of drug
13control policy by the department of public safety.
14The division provides that the office of drug control policy
15is established in the department of public safety. A drug
16policy director shall be appointed by the commissioner of the
17department of public safety, and the director shall direct the
18office of drug control policy.
19DIVISION XI — DEPARTMENT OF WORKFORCE DEVELOPMENT. This
20division modifies duties and responsibilities of the department
21of workforce development and includes transition provisions.
22The bill makes conforming changes to Code section 84A.5 to
23reflect the programs and responsibilities acquired by workforce
24development.
25The bill annually appropriates $250,000 to the department
26of workforce development (workforce development) for the
27development and implementation of regional industry sector
28partnerships under Code chapter 260H.
29The bill transfers administration of the statewide
30work-based learning intermediary network program under Code
31section 256.40 from the department of education to workforce
32development.
33The bill requires workforce development, rather than the
34authority, to coordinate and review the industrial new jobs
35training program under Code chapter 260E.
-1555- 1The bill transfers jobs training under Code chapter 260F
2from the authority to workforce development.
3The bill transfers the workforce development fund program
4from the authority to workforce development.
5The bill transfers the accelerated career education program
6under Code chapter 260G from the authority to workforce
7development.
8The bill transfers the older American community service
9employment program from the department on aging to workforce
10development.
11The bill transfers vocational rehabilitation under Code
12chapter 259 from the department of education to workforce
13development.
14The bill transfers the apprenticeship training program under
15Code chapter 15B from the authority to workforce development.
16The bill transfers the future ready Iowa registered
17apprenticeship development program under Code section 15C.1
18from the authority to workforce development.
19The bill transfers the future ready Iowa expanded registered
20apprenticeship opportunities program under Code section 15C.2
21from the authority to workforce development.
22The bill transfers employment agencies under Code chapter
2394A from the labor commissioner to workforce development.
24The bill transfers responsibility for reports and records
25under Code section 91.12 from the division of labor services to
26workforce development.
27The bill requires workforce development, rather than the
28department of education, and community colleges to implement
29adult education and literacy programs. The department
30of education and community colleges are still required to
31implement adult education under Code section 260C.50.
32DIVISION XII — DEPARTMENT OF REVENUE. This division of the
33bill transfers the Iowa lottery authority and the duties of the
34alcoholic beverages division of the department of commerce to
35the department of revenue.
-1556- 1IOWA LOTTERY. The division eliminates the Iowa lottery
2authority and transfers authority for operating the Iowa
3lottery to the department of revenue and the director of
4the department of revenue. The position of chief executive
5officer of the lottery authority is replaced by a lottery
6administrator, with modified duties, and the duties and powers
7of the lottery board are modified.
8The bill provides for a lottery administrator, instead of
9a chief executive officer, who shall direct the day-to-day
10operations of the lottery as specified by the department of
11revenue and director. The lottery administrator shall be
12appointed by the governor, confirmed by the senate, and shall
13serve at the pleasure of the governor. Under current law, the
14chief executive officer is appointed by the governor for a
15four-year term and shall only be removed from office for cause.
16Compensation of the lottery administrator shall be set by the
17governor. The division also transfers all duties and powers
18of the chief executive officer of the Iowa lottery under Code
19chapter 99G to the director of revenue, to include those duties
20and powers specified in Code sections 99G.6 and 99G.7.
21The duties of the board of directors of the Iowa lottery
22as specified in Code sections 99G.8 and 99G.9 are modified by
23the bill. The bill limits the responsibility of the board
24to providing the director of revenue with private-sector
25perspectives of a large marketing enterprise and adopting
26lottery game-specific rules. Current duties of the board
27relating to the administration of the Iowa lottery, approval of
28a budget, approving major lottery procurements, and adopting
29administrative rules are transferred to the department of
30revenue.
31Code section 99G.10, concerning personnel of the Iowa
32lottery, is amended. The power to designate particular
33employees as key personnel is transferred from the chief
34executive officer to the director of revenue and the power of
35the chief executive officer and the board to determine the
-1557-1number of full-time equivalent positions necessary to carry out
2the provisions of Code chapter 99G is eliminated. The bill
3also eliminates the ability to establish incentive programs for
4employees.
5Code section 99G.40, concerning audits and reports, is
6amended. The provision requiring the chief executive officer
7to submit an informational budget for the lottery authority is
8amended. In addition, provisions governing the audit of the
9lottery authority are modified to reflect that any audit will
10be done as a part of an audit of the department of revenue.
11The division includes a transition provision governing
12the transfer of all rights and authority of the Iowa lottery
13authority to the department of revenue on July 1, 2023.
14The provision transfers lottery authority employees to the
15department of revenue and provides that the chief executive
16officer on the date of the transfer shall become the lottery
17administrator without requirement of reappointment by the
18governor. The transition provision also provides that the
19department of revenue shall take such steps as is necessary
20to effectuate the transfer of the lottery authority to the
21department.
22ALCOHOLIC BEVERAGE CONTROL. The division eliminates the
23alcoholic beverages division of the department of commerce and
24transfers authority over the duties of the alcoholic beverages
25division to the department of revenue and the director of the
26department.
27The bill eliminates the position of administrator of the
28alcoholic beverages division and transfers those duties of the
29administrator to the director of revenue.
30The bill also modifies the duties of the alcoholic beverages
31commission and renames the commission as the alcoholic
32beverages council. The bill provides that the council shall
33act in an advisory capacity only to the department of revenue
34and director with the ability to advise and review actions of
35the director. Current duties of the commission to act as a
-1558-1policy-making body for the alcoholic beverages division, to
2affirm, reverse, or amend all actions of the administrator
3of the division, and to prepare an annual report concerning
4the division are eliminated. Instead, the bill transfers
5this authority and responsibility currently exercised by the
6commission to the department of revenue.
7CONFORMING CHANGES. Code section 7E.5, describing the
8responsibilities of the department of revenue, is amended to
9reflect the new duties of the department under the division.
10In addition, Code section 421.17, concerning the powers and
11duties of the director of revenue, is amended to reflect the
12new duties of the director under the division.
13DIVISION XIII — DEPARTMENT FOR THE BLIND. This division
14provides that the director of the department of the blind shall
15be appointed by the governor, subject to confirmation by the
16senate, and shall serve at the pleasure of the governor. The
17bill provides that the salary of the director shall be set by
18the governor within the applicable salary range established by
19the general assembly. The bill also eliminates the authority
20for the commission for the blind to appoint officers for the
21commission.
22DIVISION XIV — DEPARTMENT OF EDUCATION. This division
23transfers the responsibilities of several governmental entities
24to the department of education.
25IOWA BRAILLE AND SIGHT SAVING SCHOOL AND IOWA SCHOOL FOR
26THE DEAF. Current law establishes the Iowa braille and sight
27saving school and the Iowa school for the deaf within the state
28board of regents and requires the board of regents to govern
29the operations of these schools. The bill transfers the Iowa
30braille and sight saving school and the Iowa school for the
31deaf from the board of regents to the department of education.
32The bill makes conforming changes. The bill establishes the
33responsibilities of the department with respect to the Iowa
34braille and sight saving school and the Iowa school for the
35deaf. The bill includes transition provisions.
-1559- 1Current law prohibits the board of regents from merging
2the Iowa school for the deaf with the Iowa braille and sight
3saving school, or closing either of the schools, until certain
4requirements are met. The bill repeals this provision.
5INNOVATION DIVISION. Current Code section 268.7 establishes
6the science, technology, engineering, and mathematics
7collaborative initiative (STEM initiative) at the university of
8northern Iowa. The bill creates the innovation division of the
9department of education and transfers the STEM initiative from
10the university of northern Iowa to the innovation division.
11The bill provides that the chief administrative officer of
12the innovation division is the administrator, who is appointed
13by the director of the department. The bill establishes the
14responsibilities of the administrator and the innovation
15division.
16Subject to an appropriation of moneys, the bill requires
17the innovation division to administer six regional science,
18technology, engineering, and mathematics networks for Iowa.
19Oversight for these networks is provided by a regional advisory
20board, the members of which are appointed by the governor.
21The bill authorizes the state board of education to adopt
22rules to administer the STEM initiative. The bill includes
23transition provisions.
24HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES.
25 Current Code section 256.1 establishes that the department of
26education is to act in a policymaking and advisory capacity
27and to exercise general supervision over the state system
28of education, including certain specified areas. The bill
29provides that the department is to act in a policymaking and
30advisory capacity and to exercise general supervision over
31the Iowa braille and sight saving school, Iowa school for the
32deaf, STEM initiative, college student aid commission, board of
33educational examiners, and the career and technical education
34programs offered by school districts or community colleges.
35The bill establishes the higher education division
-1560-1within the department. The bill provides that the chief
2administrative officer of the higher education division is
3the administrator, who is appointed by the director of the
4department.
5The bill establishes all of the following within the higher
6education division: the career and technical education bureau,
7the board of educational examiners, the college student aid
8commission, and the community colleges bureau. The bill
9requires the administrator of the higher education division to
10administer and coordinate all of these bureaus, boards, and
11commissions and to hire and control the personnel employed by
12the division, including the personnel under the control of
13the board of educational examiners or the college student aid
14commission, along with providing for other responsibilities.
15Current Code sections 256.7 (duties of the state board of
16education) and 256.9 (duties of the director of the department
17of education) authorize the state board of education and the
18director to exercise broad authority over the operations of
19the department, except with respect to the college student aid
20commission, the commission of libraries and division of library
21services, and the public broadcasting board and division.
22The bill modifies these Code sections to authorize the state
23board and the director to exercise broad authority over the
24operations of the department, except with respect to the higher
25education division; the bureaus, boards, and commissions within
26the higher education division; the commission of libraries and
27division of library services; and the public broadcasting board
28and division.
29CAREER AND TECHNICAL EDUCATION BUREAU. Current Code chapter
30258 establishes the career and technical education program
31within the department of education. Current law requires the
32director of the department to appoint and direct the work of
33personnel as necessary to carry out Code chapter 258.
34The bill modifies provisions related to the career and
35technical education program to transfer the program to
-1561-1the career and technical education bureau, which the bill
2establishes within the higher education division of the
3department. The bill requires the director of the department
4to appoint the bureau chief of the career and technical
5education bureau. The bill tasks the bureau chief with
6directing the work of personnel as necessary to carry out the
7responsibilities of the career and technical education program.
8The bill makes conforming changes.
9The bill authorizes the state board of education to adopt
10emergency rules to implement the provisions of the division
11pertaining to the career and technical education bureau. The
12bill includes transition provisions.
13BOARD OF EDUCATIONAL EXAMINERS. Current Code chapter 272
14creates the board of educational examiners. The bill transfers
15the board to the purview of the higher education division
16of the department of education. The bill makes conforming
17changes.
18Current law provides that the governor shall appoint an
19executive director of the board, subject to confirmation by
20the senate, who shall serve at the pleasure of the governor.
21Current law also provides that the board shall set the salary
22of the executive director within the range established by
23the general assembly. The bill modifies these provisions to
24provide that the director of the department of education shall
25appoint the executive director of the board and the director
26shall set the salary of the executive director. This provision
27applies to individuals appointed as the executive director
28of the board before, on, or after the effective date of the
29division.
30The bill includes transition provisions.
31COLLEGE STUDENT AID COMMISSION. Current Code chapter 261
32creates the college student aid commission. The bill transfers
33the commission to the purview of the higher education division
34of the department of education. The bill makes conforming
35changes.
-1562- 1Current law provides that the commission is an autonomous
2state agency that is attached to the department of education
3for organizational purposes only. The bill strikes this
4provision. Current law also provides that the commission shall
5determine its own organization, draw up its own bylaws, adopt
6rules under Code chapter 17A, and do such other things as may
7be necessary to carry out its responsibilities. The bill
8modifies this provision to provide that the commission may draw
9up its own bylaws, adopt rules, and do other such things as
10may be necessary to carry out its responsibilities under the
11authority of the higher education division of the department.
12The bill provides that the director of the department
13of education shall appoint an executive director of the
14commission. The bill requires the director to set the
15salary of the executive director. This provision applies
16to individuals appointed as the executive director of the
17commission before, on, or after the effective date of the
18division.
19The bill includes transition provisions.
20COMMUNITY COLLEGES BUREAU. Current law establishes a
21community colleges division within the department of education.
22Current law requires the community college division to exercise
23the powers conferred upon the department with respect to
24community colleges. The bill modifies these provisions to
25transfer the responsibility to govern certain aspects of
26community colleges to the community colleges bureau, which the
27bill establishes within the higher education division of the
28department.
29The bill requires the director of the department of
30education to appoint the bureau chief of the community colleges
31bureau. The bill tasks the bureau chief with directing the
32work of personnel as necessary to carry out Code chapter 260C
33(community colleges). The bill makes conforming changes.
34DIVISION XV — COMMERCE. This division concerns the current
35organization of the department of commerce. The division
-1563-1renames the department and modifies provisions relating to the
2office of the consumer advocate, the Iowa utilities board, and
3the renamed department.
4CONSUMER ADVOCATE. The bill provides that the office of
5the consumer advocate shall be administratively supported by
6the utilities board. Current law provides that administrative
7support services are provided by the department of commerce.
8IOWA UTILITIES BOARD. The bill provides that the utilities
9division of the department of commerce shall be removed as
10a division of the department and function as a stand-alone
11board. The utilities board shall continue to participate in
12the commerce revolving fund.
13DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES. The bill
14provides that the department of commerce shall be renamed
15the department of insurance and financial services. The
16department shall contain the insurance division, the banking
17division, and the credit division. The bill provides that the
18insurance commissioner shall be the director of the department
19of insurance and financial services. The superintendent of
20banking and superintendent of credit unions shall report to
21the insurance commissioner. The bill also provides that the
22department of commerce revolving fund shall be renamed the
23commerce revolving fund.
24The bill provides that the superintendent of banking
25and the superintendent of credit unions shall serve at the
26pleasure of the governor and not for a four-year term. The
27bill also eliminates the provision that the superintendent of
28credit unions can only be removed from office by the governor
29for cause. Finally, the bill provides that the salary of
30the insurance commissioner, superintendent of banking, and
31superintendent of credit unions shall be set by the governor.
32The bill updates law enforcement authority under Code
33section 507E.8 to reflect the insurance commissioner’s
34responsibility to enforce laws under Code chapters 502,
35502A, 507A, 523A, 523C, 523D, and 523I, which is also the
-1564-1responsibility of the insurance commissioner.
2DIVISION XVI — DEPARTMENT OF CORRECTIONS — JUDICIAL
3DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES AND
4COMMUNITY-BASED CORRECTIONAL PROGRAMS. Current law provides
5that a judicial district of correctional services shall be
6established in each judicial district of the state which shall
7provide a community-based correctional program. Each judicial
8district of correctional services has a board of directors
9which employs a director for the district.
10The bill provides that all employees of a judicial district
11department of correctional services shall be employees of
12the department of corrections, and that the director of
13the department of corrections shall appoint, subject to the
14approval of the board of corrections, a director for each
15judicial district department of correctional services.
16The bill amends current law by providing that a district
17board of a judicial district department of correctional
18services shall be a district advisory board. Duties which were
19formerly those of the district board are transferred to the
20director.
21The bill makes conforming Code changes and includes
22transition provisions.
23DIVISION XVII — BOARD OF PAROLE. Current law provides
24that only the chairperson and vice chairperson of the board
25of parole are salaried and full-time employees. The three
26additional board members and three alternate board members are
27compensated on a per diem basis and are part-time employees.
28The bill eliminates the three alternate board members, and
29provides that all five members of the board shall be full-time,
30salaried employees.
31The bill provides that the governor shall appoint a
32chairperson and vice chairperson from the membership of the
33board who shall serve at the pleasure of the governor subject
34to senate confirmation.
35The bill includes transition provisions for the current
-1565-1board membership.
2DIVISION XVIII — SALARIES OF APPOINTED STATE OFFICERS.
3 The general assembly periodically establishes salary ranges
4for certain appointed state officers and authorizes a person
5(generally the governor) to establish the salaries of those
6officers within the ranges provided. These noncodified
7provisions remain operative until the general assembly
8subsequently passes new salary ranges. The general assembly
9last passed such provisions in 2008.
10Under the bill, the salary amounts set forth for ranges 4
11through 7 remain the same as those passed in 2008. Ranges 2
12and 3 no longer apply to any positions and are eliminated. The
13chairperson and members of the employment appeal board are
14moved from range 3 to range 4, the executive director of the
15public employment relations board is added to range 5, and the
16lottery administrator of the department of revenue is added to
17range 7.
18The following positions included in the 2008 salary ranges
19(as amended) are not included in the bill’s salary ranges,
20either because the position no longer exists under the bill
21or because the salary of the position is to be set without
22a salary range limitation: (range 2) administrator of the
23arts division of the department of cultural affairs, (range 3)
24administrator of the division of criminal and juvenile justice
25planning of the department of human rights, administrator of
26the division of community action agencies of the department of
27human rights, (range 4) director of the department of human
28rights, members of the public employment relations board,
29(range 5) director of the department of homeland security and
30emergency management, drug policy coordinator, director of the
31department of cultural affairs, director of the department
32on aging, executive director of the department of veterans
33affairs, executive director of the college student aid
34commission, administrator of the historical division of the
35department of cultural affairs, (range 6) administrator of the
-1566-1alcoholic beverages division of the department of commerce,
2director of the department of inspections and appeals,
3commandant of the Iowa veterans home, commissioner of public
4safety, commissioner of insurance, executive director of the
5Iowa finance authority, director of the department of natural
6resources, (range 7) director of the department of corrections,
7director of the department of education, director of human
8services, director of the economic development authority,
9director of transportation, director of the department of
10workforce development, director of revenue, director of public
11health, director of the department of management, and director
12of the department of administrative services.
13The bill makes corresponding Code changes. This division
14takes effect June 23, 2023.
15DIVISION XIX — BOARDS AND COMMISSIONS. The division
16establishes a boards and commissions review committee to study
17the efficiency and effectiveness of each board, council,
18commission, committee, or other similar entity of the state
19established by the Code. The committee shall consist of six
20voting members and four ex officio, nonvoting members. The
21voting members of the committee shall be composed of one staff
22member of the governor’s office, appointed by the governor,
23the administrative rules coordinator or the coordinator’s
24designee, the director of the department of management or
25the director’s designee, the director of the department of
26inspections, appeals, and licensing or the director’s designee,
27one assistant attorney general, appointed by the governor upon
28recommendation of the attorney general, and one member of the
29public, appointed by the governor. The ex officio, nonvoting
30members of the committee shall be two state representatives and
31two state senators. The bill provides that the office of the
32governor shall provide staffing for the committee. Finally,
33the bill provides that the committee shall submit a report
34containing its findings and recommendations to the governor and
35the general assembly on or before September 30, 2023.
-1567- 1DIVISION XX — MISCELLANEOUS PROVISIONS. This division
2includes a provision relating to irreconcilable amendments as
3well as transition provisions.
4The bill provides that if an amendment contained in division
5I of the bill concerning the department of health and human
6services is irreconcilable to an amendment that is made in the
7remainder of the bill, the amendment in the remainder of the
8bill, and not in division I, shall prevail.
9The bill also includes a transition provision concerning
10administrative rules, legal obligations, personnel, funds,
11litigation, boards and commissions, and signs and insignia.
12The bill provides that the transition provision in the
13division of the bill applies to the entirety of the bill to the
14extent that the transition provisions in the division are not
15inconsistent with alternative provisions specifically provided
16by law or in other divisions of the bill.
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